Musar for Bava Metzia 165:16

אמר ריש לקיש

Go and bring proof that originally, when bought, the wine was sound, then will you be free from liability.' R. Joseph. his son, observed to him: In accordance with whom [is your verdict]? With Issi? — Yes, said he, in accordance with Issi; and we agree with him. R. Hiyya b. Joseph instituted a measure in Sikara.14 Viz., those who carry burdens on a yoke, and they break, must pay half. Why? Because it [the burden] is too much for one, yet too little for two:15 therefore it lies midway between accident and negligence.16 Those who carry on a pole must pay all.<span class="x" onmousemove="('comment',' Rashi explains that it was a pole made for a two-man burden. Therefore, when one carries it alone, it is culpable negligence, for which he bears full responsibility. ');">17 Some porters [negligently] broke a barrel of wine belonging to Rabbah son of R. Huna.18 Thereupon he seized their garments; so they went and complained to Rab.19 'Return them their garments,' he ordered. 'Is that the law?' he enquired. 'Even so,' he rejoined: 'That thou mayest walk in the way of good men.'20 Their garments having been returned, they observed. 'We are poor men, have worked all day, and are in need: are we to get nothing?' 'Go and pay them,' he ordered. 'Is that the law?' he asked. 'Even so,' was his reply: 'and keep the path of the righteous.'21 MISHNAH. ONE WHO ENGAGES LABOURERS AND DEMANDS THAT THEY COMMENCE EARLY OR WORK LATE — WHERE LOCAL USAGE IS NOT TO COMMENCE EARLY OR WORK LATE HE MAY NOT COMPEL THEM. WHERE IT IS THE PRACTICE TO SUPPLY FOOD [TO ONE'S LABOURERS], HE MUST SUPPLY THEM THEREWITH; TO PROVIDE A RELISH, HE MUST PROVIDE IT. EVERYTHING DEPENDS ON LOCAL CUSTOM. IT ONCE HAPPENED THAT R. JOHANAN B. MATHIA SAID TO HIS SON, 'GO OUT AND ENGAGE LABOURERS.' HE WENT AND AGREED TO SUPPLY THEM WITH FOOD. BUT ON HIS RETURNING TO HIS FATHER, THE LATTER SAID, MY SON, SHOULD YOU EVEN PREPARE FOR THEM A BANQUET LIKE SOLOMON'S WHEN IN HIS GLORY,22 YOU CANNOT FULFIL YOUR UNDERTAKING, FOR THEY ARE CHILDREN OF ABRAHAM, ISAAC AND JACOB. BUT, BEFORE THEY START WORK, GO OUT AND TELL THEM, ''[I ENGAGE YOU] ON CONDITION THAT YOU HAVE NO CLAIM UPON ME OTHER THAN BREAD AND PULSE.'' R. SIMEON B. GAMALIEL SAID: IT WAS UNNECESSARY [TO STIPULATE THUS]; EVERYTHING DEPENDS ON LOCAL CUSTOM. GEMARA. Is it not obvious? — It is necessary [to teach it] only when he [the employer] pays them a higher wage [than usual]: I might think that he can plead, 'I pay you a higher wage in order that you may start earlier and work for me until nightfall;' we are therefore taught that they can reply, 'The higher remuneration is [only] for better work [but not longer hours].' Resh Lakish said:

Shenei Luchot HaBerit

Examples of people to whom G–d applied the מדת הדין, attribute of Justice, are found in Baba Metzia 83, when Rabbi bar Chana was made to pay full wages to labourers who had accidentally ruined the merchandise he had asked them to transport. Similarly we find in Baba Metzia 30, that Rabbi Yishmael son of Rabbi Yossi, who was old and did not legally have to demean himself personally, nevertheless paid out money so as not to take advantage of the הלכה of והתעלמת, in Deut. 22,1, according to which he would have been able to preserve his dignity.

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Shenei Luchot HaBerit

We have another even more astounding example of how this principle is applied to men of outstanding caliber. In Baba Metzia 83a, we are told about workers who had broken [apparently deliberately, Ed.] a cask of wine they were transporting on behalf of Rabbi bar Chanah. The Rabbi took some of their clothing as compensation. When the workers turned to Rav complaining, the latter ordered Rabbi bar Chanah to return it. To Rabbi bar Chanah's query whether this ruling was in accordance with the law, Rav replied in the affirmative. He quoted Proverbs 2,22: למען תלך בדרך טובים, "so that you may walk in the way of the good ones" as his source. When the carriers complained to Rav that in view of their poverty they could not afford to forego their wages for the transport of the caskets of wine, Rav ordered Rabbi bar Chanah to pay these workers full wages. When Rabbi bar Chanah again questioned whether his ruling was legal, Rav quoted the second half of Proverbs 2,20 וארחות צדיקים תשמור "keep to the paths of the righteous" as the source for his ruling. It is interesting that Rav did not justify his ruling by citing the need to apply more stringent yardsticks to oneself than the law requires of one, but he made it plain that as far as Rabbi bar Chanah was concerned his ruling was the requirement of the law itself. Tosaphot in Baba Kama 99 deal with the difference between Rav's ruling against Rabbi bar Chanah and that of the incident involving his nephew Rabbi Chiyah in the case of the woman's coin. Tosaphot's answer that the concept of לפנים משורת הדין does not apply when the damage one has sustained has been caused willfully by the other litigant, is very forced. If we adopt my approach that Torah law applies to different people according to their spiritual level, Rav's ruling is simple. He viewed Rabbi bar Chanah as on an exceptionally high spiritual level; therefore he explained the law to Rabbi bar Chanah as it applied to him. Once the principle of לפנים משורת הדין has been derived from a verse in scripture, the way we adapt the slogan קדש עצמך במותר לך, "sanctify yourself through foregoing what is permissible to you" is applied on a very individual basis.

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