Shmuel in his generation is like Yiftach in his generation

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I am going to discuss who Yiftach was - as understood by Chazal  -and why this provides us with a lesson in how to properly understand rabbinic leadership through history. In particular I would like to discuss how this helps us to understand how it is possible that R Shmuel Kaminetsky - despite being a gadol - has made some very serious mistakes in seeking to obtain an improper heter for a married woman to remarry without a Get. This has resulted in a couple presently committing adultery - and he is making no effort to correct this or the injustice he committed against Aharon Friedman her first husband.

It is typically understood that the message of Yiftach b'doro k'Shmuel b'doro (Rosh Hashanna 25b) is that even though Yiftach was not as great as Shmuel he still was the leader of the generation, a great talmid chachom and tzadik and a member of the Sanhedrin. It is believed that the leaders of every generation have ruach hakodesh and their views are Daas Torah and needed to be followed (Divrei Chaim, Mishneh Halachos). In short, it is understood to mean that the gedolim in each generation are great men - even though they might not be as great as previous generations - but what they say and do reflects G-d's will and they are basically infallible. 

All of the above is founded on an mistaken understanding of who Yiftach was - and consequently the comparison to Shmuel is incorrect. He is presented in various seforim (Machzor Vitri) as a major talmid chachom, leader of the Sanhedrin, a tzadik and pious man. Unfortunately that view is contrary to the view of Chazal (Taanis 4a) and is found primarily in some of the Rishonim. In fact what  Chazal say the expression of Yiftach b'doro means is that one is to treat the major rabbinic figures with kavod (Rashi Devarim 19:17) - even they are not as great as previous generations - and even though they are not great scholars. 

As a starting point, I want to present an important statement by Rav Dessler which explains why there are disparities between the explicit statement of Chazal and explanations of the same issue by Rishonim.

Michtav M'Eliahyu (4:355). It is important however to distinguish between those explanations which are basically interpretations of the verses and those of Chazal which are the actual meaning of the verses. Given this clear distinction it is puzzling why many Rishonim strive to follow a different understanding than the true explanation given by our Sages? We find such tendencies in the commentary of the Rashbam, Ibn Ezra and other Rishonim. What is the purpose of offering explanations which differ from the definitive true ones? I think the answer is that they offer these alternative explanations for the sake of confused people (i.e., they are apologetics). In other words these Rishonim want to show that there are many different aspects even in the simple understanding of the verses and that it is permissible for a person to create new interpretations according to what makes sense to him. (Of course, any alternative explanations which contradict foundation principles of faith are prohibited)... Such an approach is similar to that of the Rambam who wrote so much for the confused. We see this from the fact that many difficulties that exist in what he wrote could have been explained in a much clearer fashion. However, since he was addressing confused people he provided alternative explanations which they could accept - as long as it didn't contradict the Halacha).

In sum, Chazal's statements are true. Contrary statements are not the full truth but are the best that some readers will be able to accept. The Rishonim felt it was better to give a partially true or relatively true statement that would be believed - than to make statements that would be rejected. A similar statement is found in the Rambam about saying less than the full truth in order to maximize the understanding of ignorant people.

Moreh Nevuchim (Introduction). The seventh reason why an author seems to contradict himself occurs when discussing very deep and profound issues. It is necessary to conceal some aspects of the information and to reveal some. In order to accomplish this concealment it might be necessary in one place to utilize one set of principles and in another context it might be necessary to utilize a different set of fundamental principles - though the principles contradict each other. Obviously, the author should write in such a way that the ignorant masses are totally unaware of the internal contradiction. . 

Our Sages are conveying an important message about our relationship with religious and community leaders in their discussions about the major events in the life of Yiftach - who is one of the Judges. Starting from the beginning, his mother was a prostitute. As a result he was unjustly driven away by his father's other sons to prevent him from having his rightful part of the inheritance from his father. He organized a gang of bums - which Chazal teach us mean that birds of a feather flock to together - and lived the life of one rejected by society. That continued until the Jewish nation was threatened by an outside enemy and it was realized that only the military prowess of the bum Yiftach would save them from being conquered. He was offered the position of leadership of the Nation as an enticement to defend the Nation and he was successful and ruled for 6 years. Amongst his other accomplishments he killed 42,000 of his fellow Jews and sacrificed his daughter as a korbon olah. It is the latter which is out concern.

Yiftach took an oath that if he was successful in battle he would offer as a sacrifice whatever came out first to greet him when he return home. His daughter was the first to greet him. It is absolutely clear with no dissent - that one can not offer a human being as a sacrifice and that his oath was totally worthless. There is a discussion in Bereishis Rabbah (60) as to whether he needed to give the monetary equivalent of the sacrifice. But no one holds that the oath obligated him or even gave him the right to kill his daughter.

So why did he do it? Our Sages say it was because he was ignorant (Medrash Tanchuma, Taanis 4a). In fact Rashi (Taanis 4a) mentions that he became dismembered and the parts buried in different cities -  as punishment for the horrific and ignorant thing that he did.

More important is the question why no one stopped him. Our Sages mentioned that Yiftach should have gone to Pinchus and be told that there was no basis for the oath. But he didn't go because after all he was the leader of the Jewish people. For this prideful act he was punished. (In fact Seder Olam brings that this horrible error required that R Chanina ben Tradyon be burnt to death as atonement). More relevant is the question of why Pinchus (the great man who was a zealot concerned with stopping wrong - even killing wrong doers even though he was endangering his life). Some say that Pinchus is Eliyahu - and he is the foundation of the Mesora since he lived for many years. Given the character of Pinchus - why didn't he stop Yiftach? Again it seems to have been a the result of misplaced pride. He was after all the greatest talmid chachom and the baal mesorah - and therefore Yiftach needed to come to him for guidance. Our Sages say that Pinchus was punished by losing the Divine Spirit. G-d was severely displeased with him.

Thus the meaning of Yiftach in his generation is like Shmuel in his generation is that the leader of our community is not necessarily a great man - nonetheless he is to be respected because of his office. But we also see that not only can inferior leaders such as Yiftach make great errors -but also great leaders such as Pinchas also can err - for such mundane reasons as pride in being a leader.

In summary, We learn from Yiftach and his comparison to Shmuel that while a person who has an exalted position must be respected for that position - he is not infallible and that he can make serious mistakes. A leader such as Yiftach needs to be criticized when he does some wrong - such as sacrificing his daughter in the name of piety. As Daas Sofrim notes, he was an ignoramous who became pious - and we know from Avos that an ignoramous can not be truly pious. But we also see from Tanach that Pinchus also made an incredible error due to his pride of being a great leader. Pinchus also needed to be criticized by those inferior to him. Because no one spoke up Yiftach's daughter suffered a horrible death. 

We as as members of the holy Jewish people have to always remember that all Jews are bound into a collective entity. All Jews are responsible for what all other Jews do. We can not use the excuse that the wrong doer is a great man - a gadol - and who are we to criticize him when he makes a serious mistake. If we don't speak up, we will all suffer - chas v'shalom - from the sins done by our leaders.

Rav Shmuel Kaminetsky is responsible for getting Rav Greenblatt to give Tamar Esptein a worthless heter to remarrry without a Get. Rav Kaminetsky refuses to accept responsibility for his actions and insists that it is entirely Rav Greenblatt's responsibility to undo this pervision of Torah and halacha. He refuses to tell the adulterous couple to separate. He refuses to apologize for insulting and shaming Aharon Friedman in his misguided efforts to help Tamar Epstein. 

Consequently it is our responsibility as members of the Jewish people to correct the damage. We can not use the excuse that this issue is only for gedolim. We can not use the inaction and silence of our leaders to allow injustice and corruption. We need to learn from what happened with Yiftach and Pinchus - that one who does not act to correct wrong - causes suffering to others and will he/she will suffer as punishment..