I Am Not a Crook
Our Gemara on Amud Aleph discusses a novel application of Ba’alav Imo. Ba’alav Imo is a rule that exempts a watchman from paying for the damage if the owner of the item is present with the bailee or in his employ when he is safeguarding the item (Shemos 22:13). Rava’s students cleverly asserted that since he is their teacher and really work for them, if any of them were to borrow an item of his, it would be exempt under this provision. Because the owner of the item, in this case Rava, was the employee of the borrower at the time that it was borrowed, the exemption of ba’alav imo should be activated.
אֲמַרוּ לֵיהּ רַבָּנַן לְרָבָא: שְׁאִיל לַן מָר. אִקְּפִיד. אֲמַר לְהוּ: לְאַפְקוֹעֵי מָמוֹנַאי קָא בָעֵיתוּ?! אַדְּרַבָּה, אַתּוּן שְׁאִילְתּוּן לִי. דְּאִילּוּ אֲנָא מָצֵי אִישְׁתְּמוֹטֵי לְכוּ מִמַּסֶּכְתָּא לְמַסֶּכְתָּא, אַתּוּן לָא מָצֵיתוּ לְאִישְׁתְּמוֹטֵי.
The Gemara relates: The Rabbis said to Rava: Master, you are lent to us to teach us Torah, and so if we borrow an item from you, we should be exempt from liability. These Rabbis stated this based on Rava’s own ruling. Rava was angered by this and said to them: Do you want to take my money away from me? On the contrary, I am not lent to you; rather, you are lent to me, since you assist me in consolidating my Torah knowledge. And this is the proof that it is you who are assisting me: Whereas I am able to deflect you from one tractate to another tractate because I am not obligated to teach specifically that which you want to learn, you are not able to deflect me from what I wish to teach.
The Gemara reflects on this anecdote and rules neither fully in accordance with Rava, nor his students:
וְלָא הִיא, אִיהוּ שְׁאִיל לְהוּ בְּיוֹמָא דְכַלָּה. אִינְהוּ שְׁאִילוּ לֵיהּ בִּשְׁאָר יוֹמֵי.
The Gemara comments: But it is not so that a teacher is never lent to his students. During the days of the kalla, the gatherings for Torah study during Elul and Adar, the teacher is required to teach a specific subject, and therefore he is lent to them. During the rest of the days of the year, they are lent to him, as he can teach whatever subject matter he wishes.
Using this idea, allow me to engage in an original derush. When Korach and his henchmen cast doubt on Moshe’s integrity and worthiness to lead, Moshe’s angry response was (Bamidbar 16:15)
וַיִּ֤חַר לְמֹשֶׁה֙ מְאֹ֔ד וַיֹּ֙אמֶר֙ אֶל ה׳ אַל־תֵּ֖פֶן אֶל־מִנְחָתָ֑ם לֹ֠א חֲמ֨וֹר אֶחָ֤ד מֵהֶם֙ נָשָׂ֔אתִי וְלֹ֥א הֲרֵעֹ֖תִי אֶת־אַחַ֥ד מֵהֶֽם׃
Moses was much aggrieved and he said to Hashem, Pay no regard to their oblation. I have not taken the donkey of any one of them, nor have I wronged any one of them.”
Commentaries have wondered about Moshe Rabbenu’s choice of words. Is it high praise to have not committed theft? (See Shalah Vavey Ha’amudim 26)? One of my strongest childhood memories was when President Nixon resigned after the watergate scandal. His speech included the lines, “ I never profited from public service… I am not a crook.“ I remember my father hearing it on the television and reacting, “This is now the qualification for presidency? To NOT be a crook?” So yes, we must ask what was the real meaning of Moshe’s disclaimer?
To be fair, the pashut peshat is that it was common for the rulers to appropriate the citizenry’s possessions for public service. (See Shmuel’s warning about the dangers of monarchy I:8:11-17, and how King David acted against this impulse, and paid for an official sacrifice out of his coffers despite Aravna’s offer to pay. Shmuel II:24:21-24.) Moshe said, “Even when I was entitled to commandeer property for official business, I did not appropriate even one donkey.”
Considering our sugya, perhaps Moshe’s argument was also our halacha. Ordinarily the master is not considered under employ of the students, except during Elul and Adar, when the master is obligated to teach a certain subject. But Moshe was arguing that I devote the entire year to teaching the subjects necessary to the students, therefore I would never be entitled to damages for a borrowed donkey since I am continuously in the employ of the Jewsh people. It reads as follows: I was so devoted to my mission as teacher of Israel that it was if I was constantly in the employ. If so I never had a right to claim damages for any donkey I loaned out.
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation 
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