May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, a”h.

This week, we learned Bava Metzia 3 and 4. Here are some highlights.

Bava Metzia 3: Self-incrimination

Our Gemara mentioned the dispute between Rabbi Meir and the Sages about the power of witnesses. The Sages were of the opinion that if witnesses said to Reuven, “We saw you eat chelev, forbidden fats. You have to bring a sacrifice to garner atonement,” and Reuven responded, “I never ate the forbidden fats,” Reuven would not have to bring a sacrifice. Rabbi Meir felt that since witnesses can obligate a fine payment, they also can obligate a person to bring an offering. Rabbi Meir challenged the Sages. “Witnesses can put a person to death with their words. Certainly, they should be able to obligate a sacrifice.” The Sages responded that the person could always exempt himself from having to bring a sacrifice for he could claim that he ate the forbidden fats on purpose. Only someone who eats by mistake has to bring a sacrifice.

Tosafot asked on this conversation: What about the rule ein adam meisim atzmo rasha, a person is not believed to make himself an evildoer? A person who speaks ill of himself is not believed. If a person said that he ate forbidden fats deliberately, he would be making himself an evildoer. He does not have the credibility to render himself an evildoer. Tosafot answers that when a person admits guilt as part of teshuvah, he would be believed. A person who says, “I ate forbidden fats willingly” would be confessing as part of teshuvah. He would be expressing the wish to avoid bringing non-sacred animals to the Temple. He would be believed.

From this Tosafot a new halachic standard emerges. A man is usually not believed when his words incriminate himself. However, if his words of self-incrimination were part of a process of teshuvah, he would have credibility and the words would be accepted.

Some halachic authorities accept the innovative view of the Tosafot. Others did not accept it.

There was a ritual slaughterer in a town who became very sick. The doctors did not think he would recover. He began to cry and seek to repent for his sins. He called the rabbi and made a confession: “I was not careful with the laws of shechita. There were five times when I checked the knife after slitting the neck of the animal and I found that the blade was nicked. I did not report my findings. The meat was sold as kosher. What can I do to repent?” The rabbi tried to determine if the sick man was coherent and understood what he was saying. It seemed to him that the shochet was lucid. He gave the shochet guidance on how to repent. He also accepted his admission. He announced that all in the town had to kasher their utensils. Perhaps their plates had become tainted with treif. The slaughterer recovered. When he felt better he denied everything. He claimed that he had never admitted guilt, nothing he had sold had been treif, and he was a reliable slaughterer. The rabbi did not know what to do. He did not know what he should believe. He brought his question to the Shivat Tzion.

Shivat Tzion (Siman 24) accepted the rule of Tosafot. When engaged in teshuvah, a person is believed even when his words incriminate himself. The man had been credible the first time. He was to be believed that he had sold treif. The man should not be allowed to slaughter and check the animals. He had lost his presumption of righteousness and credibility.

Other authorities disputed the lesson of Tosafot. A slaughterer once came to the author of Teshuvot Givat Shaul. He wanted to know what he should do to gain atonement. He claimed that he would often slaughter while he was drunk and, as a result, much of the meat he had sold had been treif. Teshuvot Givat Shaul ruled that he was not to be believed. Ein adam meisim atzmo rasha, one cannot render himself a wicked individual. Even though his confession was expressed while he was repenting, he was not to be believed to incriminate himself.

Shu”t Yehudah Ya’aleh (Chelek Aleph, Yoreh Deiah Siman 230) accepted the view of Tosafot. A woman experienced a crisis of faith. She stopped going to the mikvah. She did not tell her husband. He was under the impression that she was still using the mikvah each month. She felt bad and confessed her sin to her husband. He refused to believe it. They went to their rav. Their rav was not sure if he was to believe her, for ein adam meisim atzmo rasha. He sent the question to the author of Yehudah Ya’aleh.

Yehudah Ya’aleh ruled that while a person is not believed when he incriminates himself, Tosafot in our Gemara teaches that he is believed if he incriminated himself while repenting. She was seeking to repent. She is believed. She should confess her sin by reciting Viduy. She should try to pray each day. The gates of tearful prayer never close. Hashem will certainly forgive her if she is sincere. Her husband was completely unaware of the sin. As a result, he did not do anything wrong and did not need to do anything to gain atonement. (Mesivta, Daf Digest)

Bava Metzia 4: We try to never disqualify a get

Shu”t Masat Binyamin (Siman 51) was asked about a get. Rumors abounded that one of the witnesses on the get had misappropriated funds. The story that was told about him was that a person had once deposited in the witness’s hand a pouch to watch. There were no witnesses at the time of the deposit. Some time later the depositor came and reclaimed his pouch. When he came home and opened the bag he discovered that his wallet filled with money, that had been in the pouch, was missing. He started screaming, “That man is a thief! He stole my wallet that had been filled with money!” The watchman denied everything, “I do not know what you are talking about. You are lying. Nothing is missing from what you gave me.” The dispute came before the community leader. He commanded that the watchman be jailed and his house searched. They searched the house and found the wallet stuck into a crack in a wall. The watchman continued to insist on his innocence. “I never took anything from the pouch. Maybe my children or spouse went through it and stole the wallet. I never knew there was a wallet in the bag. I never opened the bag. I never moved the bag. I am no thief.” They released the watchman. This whole story was told to the rabbi who was looking into the get.

Masat Binyamin ruled that the get was kosher and the woman could remarry. None of the facts that had emerged were enough to disqualify a witness already signed on a get. Our Gemara has the lesson of Rav Idi Bar Avin in the name of Rav Chisda. He taught that a watchman caught lying about a deposited item becomes unfit to serve as a witness. However, that is in a case of an open lie.

Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.

By Rabbi Zev Reichman