In Parshat Vaetchanan, we learn about many specific mitzvot
and then we are told (Dvarim 6:18) “Perform the upright and the good in God’s
eyes, in order that you benefit, arrive in and inherit the good land that God
swore to your forefathers.”
Rashi teaches that there are compromises that we
need to make that go “lifnim meshurat hadin”, beyond what is outlined in the
law.
We learn from here that the Torah is not just a rule
book. We also have to put thought into the performance of the mitzvot. Even
though the Torah may allow us to act a certain way, that doesn’t mean that we
can’t be nicer and go beyond what the Torah commands us and do someone a favor
or give them the benefit of the doubt.
There is an account in the Talmud, Bava Metzia 83a
where Rabbah bar bar Hanna’s porters broke the jars that they were carrying. In
theory, according to the contract, they should have been liable for the
breakages. The porters asked Rav to plead their case. Rav told Rabbah bar bar
Hanna that they should not have to pay for the damages and since they are poor
men who worked hard all day they should be paid for their work, as it says in
Mishlei (Proverbs) “In order that you may go in the way of the upright” and “You
shall keep the paths of the righteous.”
Not all proper behavior is listed in the Torah and
we must therefore use our judgment.
For example, in Vayikra 19:2 we are commanded: “You
shall be holy for I, God am holy.”
Ramban explains that even though certain things are
allowed according to the Torah, like eating meat and drinking wine, that doesn’t
mean that we should be a “naval birshut HaTorah”, “fool by authorization of the
Torah”. We are holy when we drink a little wine, we are not holy when we get
drunk as we see clearly in the accounts of Noach and Lot in Sefer Breisheet. We
are allowed to eat meat but there is no reason to overdo it. The Torah does not
list how many pieces of meat should be eaten at each meal, but each person
needs to determine what is appropriate.
In the Talmud, Bava Metzia 30b we learn: “Said Rabbi
Yochanan, Jerusalem was destroyed because they acted in accordance with the
letter of the Torah and did not go beyond it.”
As we observe Shabbat Nachamu, the Shabbat of
Comfort after Tisha B’Av, let us remember what Rabbi Yochanan said and work on
rebuilding the Beit HaMikdash by helping others above and beyond what the
letter of the law requires of us.”
