Rabbi Avrohom Sebrow
Yehuda and Tzvi are traveling together on a ship. Unfortunately, they hit turbulent weather and stormy seas. Yehuda is forced to throw his gold bars into the sea to lighten the boat’s load. (See Bava Kama 116b) Yehuda: Ahoy Tzvi! I really took a huge loss by throwing some of my gold bars overboard. However, we are all in the same boat. Please compensate me for some of my loss, since you also benefited. Tzvi: I suffered a loss as well. I threw my copper bars overboard. Yehuda: But those aren’t worth nearly as much! The Gemara discusses a case where a marauding group of bandits attacked a caravan. They paid off the bandits. The halacha is they all split the cost of the payment to the bandits evenly! The loss of my cargo should be shared by everyone. Tzvi: You must be fresh off the boat. My Gemara says that they split the payment according to the amount of money each traveler has. A wealthy traveler will pay more. Here, too, with your expensive cargo, it makes sense you should lose more. Yehuda: Yes, the Gemara does say that a wealthy traveler will pay more. However, that is clearly discussing a situation where the bandits are primarily intent on robbing the members of the caravan. If they intended to kill, then the bribe to convince them to leave the caravan alone is split evenly among all the travelers. Everyone has the same pure neshama. Therefore, every traveler will contribute the same amount. Here, too, the boat is in danger of sinking; our lives are in danger. It’s all hands on deck. We each must contribute evenly to the rescue effort to save our lives. Tzvi: Sorry to rock your boat, but it is split evenly, just not the way you are imagining. Everyone must throw off the boat the same amount of weight to make it more buoyant. Rashi cites this exact example. One man will throw off 100 lbs. of copper bars and another man will throw off 100 lbs. of gold bars. There is then an announcement over the loudspeaker: “Everyone must throw another 100 lbs. of weight overboard.” Yehuda: This is ridiculous. Please throw 200 lbs. of your copper bars overboard, 100 lbs. for you and 100 lbs. for me, and I will reimburse you. Tzvi: Sure, just pay me the value of 50 lbs. of gold.
It is still a good deal for you. Yehuda: That is a rip-off! 100 lbs. of your copper isn’t even worth one pound of gold! There is a well-known dictum, Kofin al middas Sedom. We can force someone who is being selfish like the people of Sedom to act appropriately. Tzvi: I think you missed the boat. Tosfos says that is only post-facto. You can’t charge a person for something that he took or used that should have been free. However, you can’t initially force me to relinquish my rights to my copper bars. If you don’t agree to my terms, throw your gold bars overboard. Yehuda: Wrong! The Rema writes that if someone’s expensive honey is leaking, he can empty out his neighbor’s wine bottles without permission and use them to store his honey. He must pay restitution, however. I will throw your copper bars overboard and pay restitution. This way, I can save my expensive gold. Tzvi: It seems like you don’t know the ropes. Not everyone agrees to the Rema. Yehuda: Yes, because some say a person has a special affection for his own wine that he produced. You can’t put a value on that. But your copper bars are just a commodity. Everyone says I can throw them overboard. Tzvi: OK, but there is a major difference. The Rema is discussing a situation where the neighbor is not around. We can assume the neighbor would be agreeable to help and would gladly empty out his bottles. However, I am here, and I am declaring that I forbid you to throw my copper bars overboard. Everyone agrees in this situation you can’t force me to. Yehuda: That is false. In fact, the Aruch HaShulchan discusses our exact scenario and states that I can force you to throw your copper bars overboard. It is a special takanas chachamim that allows me to do so. Tzvi: Well, I’ll batten down the hatches. My copper isn’t going overboard. Faced with no alternative, Yehuda agrees to Tzvi’s terms. Tzvi throws 200lbs of copper bars overboard and Yehuda gives him 50lbs of gold. They are all saved. Meanwhile, Yehuda sits down to do the daf. He is learning about a situation where one needs to evacuate from a dangerous situation. The person is running and comes to a river. There is a ferry there. However, the ferry captain refuses to take the evacuee across unless he pays an exorbitant sum. The evacuee can promise to pay an unearthly sum and then go back on his word once he is across. Since the ferry operator is acting cruelly and unjustly, this is permitted. Happily, Yehuda approaches Tzvi and asks for his 50 lbs. of gold back. “You were acting selfishly and cruelly. You were taking advantage of me. I only agreed to pay the 50 lbs. of gold under duress. I am allowed to go back on my word! So kindly return the gold!” Tzvi: I’m sorry but that ship has already sailed. The Beis Yosef indeed says that a person acting under duress can refuse to pay. However, the Beis Yosef makes clear that in this case, since you already paid me, you are not entitled to a refund. Just be happy you are alive, and the rest of your money was saved. Tzvi has thoughts of teshuva and says, “I will go the extra nautical mile and return your gold.”
Rabbi Avrohom Sebrow is a rebbe at Yeshiva Ateres Shimon in Far Rockaway. In addition, Rabbi Sebrow leads a daf yomi chaburah at Eitz Chayim of Dogwood Park in West Hempstead, NY. He can be contacted at ASebrow@gmail.com.
