Hersh lawsuit:Tisha B’Av - the failure of commonsense

We have two period of extended mourning in the Jewish Calendar. The first is Sefira, the 49 days between Pesach and Shavous. This is a time for remembering and mourning the death of 24,000 of Rabbi Akiva's students because they didn't show each other respect. It wasn't that they were disrespectful but simply they weren't respectful and show each other honor. The second is the period that we are now in which culminates tonight with Tisha B'Av which commemorates the destruction of the Temple and Jerusalem. There are a number of reasons given for the Temple being destroyed, but the Mesilas Yeshorim (Chapter 20), and the Netziv (Introduction to Bereishis) point out that it was the lack of yashrus i.e., the lack of understanding the consequences of well intended and pious actions. Actually according to the Netziv we see that the destruction of the Temple was the result of tzadikim destroying the community in the name of kavod haTorah and blind loyalty to a particular point of view. The gemora in Gittin (56a) states the destruction of Jerusalem happened because R' Zechariya ben Avkulas, the gadol of that generation, insisted on meticulously following the laws of sacrifices – even though it was known that this would arouse the anger of the Romans. The gemora concludes that because of his humility in not compromising by accepting a blemished sacrifice - the Temple was destroyed. The Mesilas Yeshorim said that according to the halacha it was possible and desirable to have compromised in order to preserve Jerusalem – but he piously didn't concern himself with the consequences of his actions. He was only focused on "honoring the Torah". An even stronger formulation of this is stated by our Sages. They said that Jerusalem was destroyed because the leaders were insistent on following the letter of the law– without regard to the consequences. The Rashba (3:393 cited by Aruch HaShulchan C.M 2:1) elaborates on this by saying that the Torah itself provides for temporarily abrogating the Torah in order to preserve it and it would have been appropriate to do so.

Finally we all know the famous incident of Kamtza and Bar Kamtza which our Sages say was the reason for the destruction of the Temple. The gedolim at that time witnessed a Jew being embarrassed and degraded in public – and they remained silent. Our Sages tell us that it was the silence of the gedolim against wrong doing that brought about the destruction of the Temple. The gedolim failed to chastise those who were destroying the bonds of brotherhood in the society.

Thus we see that the causeless hatred (Yoma 8b) that brought G‑d's wrath down on the Temple – was in fact rigid Torah zealotry and refusing to consider the consequences of this idealism. It was the opposite of what happened with Rabbi Akiva's students. One needs the attribute of yashrus (straightness) to know when to be rigid and uncompromising and when to compromise. Obviously there is no single approach that can be applied all the time. One needs seichel (commonsense) to be fully aware of the consequences of one's actions and therefore not be rigid and blind in one's service of G‑d.

No one is allowed to blindly destroy the Jewish community in the name of kavod haTorah or loyalty to talmidim nor are we allowed to remain silent when we see it happening.

Rabbi Friefeld told me in the name of Rav Hutner that even though learning Torah is prohibited on Tisha B'Av – nevertheless it is permitted to learn Torah concerning those issues which brought about the destruction of the Temple so that we can correct our failings. Tisha B'Av was not instituted to spend a day in sadness for a historical loss 2000 years ago. Rather it was instituted so that we can learn our lesson and merit having the Temple again in our days.