When the Chassidic movement began to blossom at the turn of the 19th century, many Torah scholars feared it would become nothing more than a populist movement that, in order to attract adherents, might be lax in demanding rigid observance of halachah. The movement had begun not long after the Shabbetai Tzvi (false messiah) debacle, and many people were also afraid that the Chassidic emphasis on Kabbalah might lead to similar defections. However, in the coming years, as Chassidus proved itself faithful to halachah, the differences between the two groups took on the flavor of feuding for the sake of feuding, and people who enjoyed fighting found a banner under which to do battle. For the most part, this did not last long, and eventually both groups learned to live with each other’s unique mannerisms and customs.
On one occasion, the difference between Chassidim and those who did not subscribe to this way of life actually became the subject of a famous din Torah involving a monetary dispute. In the Ukrainian city of Kharkov lived two friends who resided near one another. One man had a bundle of cash that he wished to safeguard while he was away on business, so he asked his friend to watch over the money. His friend was happy to do the favor. He took the cash and placed it in his pocket. All day, the man walked around with the money in his pocket until later, when he felt his pants pocket and realized the money was gone. Someone had apparently picked his pocket and made off with the cash. When his friend returned, he reported what happened, and the owner demanded that he pay back the money. In his defense, the friend claimed the theft was not his fault and refused to do so.
The two men agreed to bring the case before a respected rav. They came before the famous posek R’ Yosef Shaul Natanson zt”l (Divrei Shaul) and presented their claims. It did not take the rav long to issue his ruling: since the man was a shomer chinam (unpaid guardian), he was not liable in this matter and was not obligated to pay the money back.
Both men accepted the ruling and left it at that. A few months later, the first man was again out of town—this time on a business trip to Hamburg, Germany. While there, he overheard people discussing an ongoing din Torah taking place in the beis din of R’ Yaakov Ettlinger zt”l (Aruch LaNer). It struck him how similar the case was to the one he had lost back in Kharkov. Here in Hamburg, one man had entrusted cash to his friend, who claimed someone had stolen the money right out of his pocket. But he was even more surprised when he learned that R’ Ettlinger ruled the man who had been watching the money was indeed liable and required to pay all the cash back.
Filled with righteous indignation, the businessman decided to make a detour on his way back to Kharkov and stop off in Lemberg to see Rav Yosef Shaul. Once there, he announced that surely one of the two rabbanim had erred in his ruling and he wanted to know which one was right and which was wrong. When questioned, he recounted the details of both cases, and they were exactly the same. Therefore, he demanded of the Lemberger rav that he explain why the man in Hamburg got all his money back while in Kharkov he had been forced to accept a considerable loss.
R’ Yosef Shaul thought about it for a few moments before breaking into a wide smile. Turning to the claimant, he said, “My dear Jew, it is quite simple, really. There is no mistake in these two cases—both of us are correct!”
“Rabbi,” said the man with feigned exasperation, “how can you both be right when one of you has to be wrong?”
“It is like this,” said the Lemberger rav. “In both cases, the one who received the money was a shomer chinam and as such, he is liable for negligence (peshi’ah). But negligence can be interpreted in two ways. In Kharkov, a city teeming with a large Chassidic population, most of the men wear long black coats which cover their pants pocket and add a layer of protection. Therefore, the man who had the cash in his pocket cannot be faulted for negligence, since his pocket was well protected. On the other hand, in Hamburg, the men all wear short suit jackets which barely cover the pockets of their trousers. The man who placed the cash in his pocket did not protect the money adequately, and as a result, Rav Ettlinger was correct in finding him liable.”
Rabbi Dovid Hoffman is the author of the popular “Torah Tavlin” book series, filled with stories, wit and hundreds of divrei Torah, including the brand new “Torah Tavlin Yamim Noraim” in stores everywhere. You’ll love this popular series. Also look for his book, “Heroes of Spirit,” containing one hundred fascinating stories on the Holocaust. They are fantastic gifts, available in all Judaica bookstores and online at http://israelbookshoppublications.com. To receive Rabbi Hoffman’s weekly “Torah Tavlin” sheet on the parsha, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.