Ramifications of a Broken Kinyan : Reneging on an Agreement Part III

Ramifications of
a Broken Kinyan : Reneging
on an Agreement Part III

By: Rabbi
Yosef Greenwald

The Offense of the Mi Shepara

The Baalei Mussar discuss a
related point which is both timeless and actually, very timely.  One who is mevatel the kinyan kesef, the loshon of Chazal is, “Mi shepara, m’anshei dor hamabul v’anshei
dor haflaga, hu yifreh” 

The Baalei Mussar point out that
Chazal group together Mi
Shepara with
Anshei Dor Hamabul and Dor Haflaga.  In terms of the aveiros themselves, it would seem that one who
breaks a contract has no shaychus to the aveiros of the Dor Hamabul and Dor Haflaga.

Chazal
describe the final aveirah of the Dor Hamabul. “Lo nechtam gzar dinam shel Dor Hamabul, ela
al gezel.”
Stealing is bein adam
l’chaveiro.

Meanwhile,
the Dor Haflaga were excellent in
Bein Adam L’chaveiro.  The reason why they weren’t completely destroyed,
was because there was achdus
beineihem.  Their aveira was kfira that they wanted
to fight against the Ribbono
Shel Olam.  This is an aveiro Bein Adam L’mokom. 

These two doros are
compared to the aveira of the Mi shepara, which is
bein odom l’chaveiro, in that
he broke his contract. Why do Chazal lump together these two doros in defining the klala of mi shepara including Dor
Haflaga
which is Bein Adam L’mokom?

I
believe that the answer lies in understanding the phraseology of Chazal in a Gemara in Maseches Shabbos. 

The
Gemara says that when a person goes in front of the Heavenly Court l’achar meio v’esrim, he is asked
four questions: 

First,
nasata v’nosossa bemuna?  Were you honest in your business dealings? 

Second,
kavata itim l’Torah?  Did you daily set aside set times for
learning Torah?

Then,
asakta b’pirya v’rivya? Were you busy
getting married and bringing children into the world?

And
finally, tzipisa lyeshua? Did you hope
and look forward to the Final Redemption?

The Gemara
in Maseches Sanhedrin 7A, says that techilas dino shel odom is b’dinei Torah.  Tosafos ask a question, “What is the first
test that the person is put to when he receives his din?  Is it on learning Torah as stated in
Sanhedrin , or is it on honesty in business as stated in Shabbos?”

In
responding, the Maharsha says a very fundamental insight, namely, that a person
who merits to be shivti b’veis
Hashem, to
spend his life b’koselei
beis medrash, in the daled amos
shel halacha, the first and foremost judgement on him, is how did he use his time
for learning?  The first tayne on him is t’chilas dino shel odom b’iskei Torah.

However,
the Gemara in Shabbos is referring to
a person whose tafkid in life is in
the shuk hachaim, in the business
world. His ikur nisayon is his level of
integrity and trustworthiness. His first din is how he keeps his word, and his level of trustworthiness in dealings
with his fellow man.   For the businessman, kavata itim l’Torah is only the
second part of his mishpat.  The first part of his mishpat is nossossa v’nossossa b’emunah. 

We
see from here that Chazal define a person who is honest in business as nosossa v’nosossa b’emunah. 

A
person who is strong in his emunah and his bitachon, strengthens his relationship with Hakodosh Boruch Hu.  The ikkur of a person’s relationship with Hakodosh Boruch Hu lies in his level
of emunah and bitachon.

 For a person who is b’ves Hashem, who spends his
life b’kvius itim L’Torah, who spends his
life b’daled amos shel
halocha, his
ikkur relationship
with the Ribbono Shel Olam is defined in
terms of the strength of his commitment to limud Hatorah.  This includes his omek in limud haTorah, his not wasting time from Limud haTorah, his depth of insight of Limud Hatorah, his hiskashrus in divrei Torah, and his kabbolos ol Torah. 

A
person who goes out into the business world, the ikkur depth of his relationship with the Ribbono Shel Olam is defined in terms of the strength of his commitment to honesty, the
depth of his integrity, in how much he honors his word.  The ikkur definition of a businessman who has a relationship with Hashem is this understanding that every word
is kodshei k’doshim, and he has to
respect that word.

With
this understanding, we can comprehend the similarity between the dor hamabul and the dor haflaga, as compared to
the mi shepara. In each of
these generations, the aveira
was a
break in the relationship with Hakadosh Boruch Hu. Whether it was the gezel
of
the dor hamabul or the tower of
the dor haflaga, they both had
the same goal, to be independent of Hakodosh Boruch Hu, to fight with the Ribbono
Shel Olam, so
to speak.  This is the singular aveira of trying to destroy that kesher that they have with Hakodosh Boruch hu.

In
comparing these doros to the mi shepara, Chazal define him as a person lacking in his
connection with the Ribbono
Shel Olam.  He uses the world of asakim as a means towards his own end,
instead of a means of developing a kesher with the Ribbono
Shel Olam.

The Connection
Between Economics and Emunah

R’
Elchonon, in the Kovetz
Mamurim,
wrote a maamar in the early
1930’s, trying to understand the root of the Great Depression  which had overtaken the whole of western
society.  In the past, when there was an
economic problem, it usually had a natural reason, such as a war or a plague.
But during the 1930’s there seemed to be no natural reason for the whole world to
be suffering from starvation and unemployment. 

R’
Elchonon explained that the Great Depression was a middah kneged middah. When people do
not develop their emunah, and the depth
of their kesher with the Ribbono shel Olam, then middah
kneged middah, there is a
weakening of the economic situation.

The
entire business world functions on developing trust between people. Most of
business relies on relationships, and how much they are willing to trust and do
business with each other.  If we don’t
work on developing a stronger commitment to the Ribbono Shel Olam, and living with
a kesher to Hakodosh Boruch Hu, then there is a
weakening in the economy.

R’
Elchonon explains that when people become m’chuzak because of tzaros, and they
develop their kesher with the Ribbono Shel Olam,  then the Ribbono shel Olam will strengthen the
kesher that
exists between people, which is the basis for economic prosperity.

 May the Ribbono Shel Olam help us, and we
should be mechazek, and be mischazek, that we should
be omed on all nisyonos, and we should strengthen our kesher with the Ribono shel Olam, and the kesher between all Yidden should be strengthened, and we should
be zoche to all the yeshuos.