Halakhah do Liczb 32:43

And even if he heard that Ploni caused him the loss, still, he is permitted only to suspect, but not to confirm it within himself as being true. And even if people stirred up a quarrel with the suspect, telling him that he had done a great wrong in what was heard of him, that he had caused a loss to a Jew — and he kept quiet, still, it is not to be concluded because of this that the thing is true. For though it is a mitzvah for him to rescue himself from suspicion and to convince the one who suspected him that he is not to be suspected, as per (Bamidbar 32:22): "And you shall be clean of [guilt against] the L–rd and [against] Israel," still, it may be that he saw them to be so entrenched in their acceptance of the slander as being true, that they would accept no answer from him, wherefore he decided that it would be best for him to remain silent and to be one of those "who are shamed, but do not shame [in return], who hear their disgrace and do not answer."

The second partner complained to Rav Papa that he seemed to always side with the first partner. Rav Papa responded, according to Tosafot’s first interpretation, that in such a situation one must present a reason for his decision, which Rav Papa proceeded to give. Tosafot explain that in such a situation, in which there is a basis for a litigant to suspect the beit din of bias, the beit din should reveal its logic in order to “be clean in the eyes of Hashem and Israel” (Bemidbar 32:22). The Sema (14:23) clarifies, though, that this applies only if there is a reasonable basis for the charge of bias, as there was in Rav Papa’s case.²A second opinion in Tosafot, however, does not interpret Rav Papa in a manner that requires a beit din to clarify its grounds in such a case.

With the establishment of Medinat Yisrael, the obligation to make aliyah has become magnified in two aspects. First, the barrier and obstacles of the danger to make aliyah have been removed, and [so has] the obstacle of the inability to earn a living in Israel to the extent of suffering to the point of starvation, G-d forbid. With the removal of these barriers, the halachic exemptions that poskim offer from the obligation to move to Israel are eliminated. Second, we can say the current state in which Medinat Yisrael finds itself – that it has now barely ‘gotten out of diapers’ and is surrounded by enemies sworn to its destruction, Heaven forfend – a special obligation devolves to “arm ourselves swiftly” (see Bemidbar 32:17) and quickly move to Israel and come to the aid of the Jewish people from the enemy that attacked them (see Rambam Hilchot Melachim 5:1)….Indeed, all groups that come to Israel, be they organized or not organized, obviously contribute in this effort, either directly or indirectly.

Ba'al ha-Turim, in his commentary to Numbers 32:21, presents the novel view that this practice was not King David's innovation but was originally introduced by Moses prior to the military engagements leading to the conquest of the land of Canaan. However, the purpose of the practice as instituted by Moses was somewhat more limited and was employed merely to obviate the necessity for levirate marriage or ḥalizah in the case of a childless widow. Ba'al ha-Turim's argument is predicated upon the philological relationship of ḥaluz ha-na'al ("unshod") of Deuteronomy 25:10 and the similar term ḥaluz ("armed warrior") in the previously cited passage. A warrior, according to this commentator, is called a ḥaluz because his occupation often necessitates the ceremony of ḥalizah entailing the removal of a shoe.

A person should be careful not to do anything which might cause [people] to suspect that he committed a sin, (even though he is not [actually] committing a sin), as we find⁶³Shekalim 3:2. that the kohein who removed the coins from the chamber⁶⁴The coins of machatzis hashekel, the half shekel which every Jew is obligated to give once each year, were deposited in large collection boxes. These boxes were placed in a chamber in the Bais Hamikdash, designated for this purpose. Three times annually a kohein would enter this chamber to withdraw coins with which sacrifices and other necessities were bought.
The garment he wore had no pockets, so as not to arouse suspicion that he had taken some coins for himself. (Rambam, Hilchos Shekalim 2:4, 5, 10) did not enter [the chamber] in a garment that was fashioned in a way that something could be hidden in it, for a person must answer for his actions to his fellow man as he must answer to the Almighty, blessed is He, as it is said: "You will be innocent before God and Israel"⁶⁵Numbers 32:22. And it is also said: "And find favor and good understanding in the eyes of God and man."⁶⁶Proverbs 3:4.

Four groups do not receive the Divine Presence:¹Sotah 42a. a group of liars; a group of hypocrites; a group of gossipers; a group of scoffers; and all are referred to in Scripture. “A group of liars” (is denied the Divine Presence because it is stated) “He that speaketh falsehood shall not be established before Mine eyes” (Ps. 101:7). And also in the wars of Ahab, when he came and asked the prophets if he should go out and do battle, the spirit of Naboth came before God, and he said: “I will go forth and be a lying spirit in the mouth of all his prophets. And He said: etc…. ‘Go forth’” (I Kings 22:22). And our scholars explain this to mean, “Go forth from my precincts.”²Sanhedrin 102b. “Hypocrites” (are denied His presence as it is written), “A hypocrite cannot come before Him” (Job 13:16). “Those who relate evil gossip” (are denied His presence), for it is said, “For Thou art not a God that hath pleasure in wickedness; Evil shall not sojourn with Thee” (Ps. 5:5). Evil (doers) shall not sojourn with you nor enter your precincts. “Scoffers” (are denied His presence) “The boasters shall not stand in Thy sight” (Ps. 5:6). People who are scoffers confound the world. “Evil gossip,” (includes also that which is) intended to dishonor his neighbor, even though it be true.³Maimonides, Commentary on Aboth, Chapter I, p. 16. Even if it becomes a (popular) by-word, it is ignoble to indulge in its use. If one has spread an evil report about his neighbor or has disgraced him with reviling matters of which he had never been suspected and which no one had anticipated (but which were apparently true), the sin of the person who has revealed it is not atoned for, because he cannot set aright that which he has perverted, nor undo the disgrace caused his neighbor, and this is what Solomon said in his wisdom, “Lest he that heareth it revile thee” (Prov. 25:10). And so is it taught in the Jerusalem Talmud,⁴J. T. Baba Kamma 8:7. “He who sins against his neighbor, and then repeatedly goes and asks for his pardon, but his neighbor does not respond, let him form lines of people and pacify him before them. This is what is said, “He cometh before men and saith, ‘I have sinned’ against so and so and behold I repent.” And if he does so, he redeems his soul from death, for it is written after that, “So He redeemeth his soul from going into the pit” (Job 33:28). Rabbi Jose said, “This is said concerning one who does not spread evil reports about his neighbor, but if he does there is absolutely no forgiveness.” If he inflicts pain on an individual it is as though he inflicts pain on the entire world, for everything that is in the world is in man.⁵Midrash Tanhuma (Berlin: Horeb Publishers, 1924), Pekuday, p. 344. If he spits before him but the spittle does not reach him, he is free from judgement in human law, but guilty under divine law.⁶Baba Kamma 90a and 91a. Even if he inflicts a small measure of pain he will be punished at the hands of the Lord for each and every hurt which he inflicts upon his neighbor, for it is said, “That for all these things God will bring thee into judgement (Eccl. 11:9) concerning every hidden thing” (Eccl. 12:14). And our rabbis elucidate,⁷Hagigah 5a. “What is meant with ‘concerning every hidden thing’?” This refers to one who kills vermin before his neighbor and disgusts him thereby, others say it refers to one who spits. Therefore all the God-fearing and righteous through whom the Holy One, blessed be He, does not cause any stumbling, let them be cautious to forgive immediately those who kill vermin or spit or do anything repulsive so that there be no stumbling through them (the righteous ).⁸Megillah 28a. It is reported of a certain pious man that he covered all the spittle that he found in a place where he knew the offender to be a Jew and would forgive him (the offender). He covered it so that another would not come, see and be disgusted by it, and not pardon the offender, with the result that the offender stumbles thereby. And it is good to follow this procedure.
“Whether it be good or whether it be evil” (Eccl. 12:14), this ending passage they interpret to mean one who gives charity to the poor publicly.⁹Hagigah 5a. For this deed he stands in judgement because he embarasses the recipient. Also, one who gives charity to a woman privately, brings upon himself suspicion, for it is said, “Then ye shall be clear before the Lord and before Israel” (Num. 32:22). Moreover, he causes those who suspect him to stumble and be punished because of him, because those who suspect the innocent are flogged.¹⁰Yoma 19b. The Soncino translation reads: “Whosoever suspects good folks will suffer (for it) on his own body.” How do we know this? From Moses our teacher, who said, “But behold they will not believe me” (Exod. 4:1) immediately he became leprous.¹¹Shabbath 97a. Moreover others will not accept his reprimands, but will say to him, “You do such and such, and you are reproving us!” Therefore the supervisors of charity should not burden the poor man to work without pay, except for a meritorious deed, because the poor man fears them, moreover, he derives profit from them; also that the congregation should not suspect him (the supervisor) saying, “He (the supervisor) gives a greater portion to this one (poor man) than to the others so that he (poor man) should perform services for him,” and the Torah says, “then ye shall be clear” (Num. 32:22).¹²Yoma 38a. “From every evil thing” (interpreting verse “whether it be evil” in Eccl. 12:14) refers to causative matters which a man causes deliberately, and inflicts pain on his neighbor, for this he is punished. Those who steal, take or conceal a thing which causes grief to the owner who must seek it, transgress a prohibitory law.¹³Shulhan Arukh, “Hoshen Mishpat,” 348. And so our scholars interpret,¹⁴Baba Metzia 61b. “Ye shall not steal” (Lev. 19:11) in order to vex or to cause (another) pain. Even if he causes pain to an animal unnecessarily, by placing upon her an unreasonable load, and beating her so that she is unable to go, he comes under judgement for inflicting pain on a living creature.¹⁵Shabbath 128b. Similarly those who pull the ears of cats to hear them shout are sinning. Our scholars also expounded, “In that day Saith the Lord, I will smite every horse with bewilderment and his rider with madness” (Zech. 12:4). In the future the Holy One, blessed be He, will demand accounting from the riders for the harm they have inflicted on their horses for having struck them with greaves, which are called eperon in French.¹⁶The French term for spurs.

Charity collectors must not separate from one another in the market-place, but they must be within sight of one another; as, when one is in the gateway collecting, and the other in the store. If the collector finds money in the street, he shall not put it into his pocket, but into the charity bag—until he reaches home, when he may take it. If the collector collects a personal debt from a friend in the street, he shall not put the money into his pocket, but into the charity bag and take it when he reaches home. He shall not count the coins of the Kuphah two at a time, but one by one, to avoid suspicion; as it is written "And ye shall be guiltless before the Lord and before Israel."¹Numbers 32:22.

1) Even though each person hears the Torah reading each week in the public reading, we are obligated to read each parasha twice in the hebrew and once in the Aramaic targum. Even the verse "Atarot v'divon" (Numbers 32:3).