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Revenge: Your Going to Pay for That!
In this week's parsha we find that Hashem commands us to take revenge upon the people of Midian for what they succeeded in doing to us. The pasuk says, "Hashem spoke to Moshe saying, "Harass the Midianites and smite them; for they harassed you through their conspiracy that they conspired against you...."(Bamidbar 25, 16-17) Later, in parshas Matos, the Torah is more explicit in labeling our fight against Midian as one of taking revenge. There, Hashem commands Moshe, saying, "Take revenge for the Children of Israel against the Midianites...." (Bamidbar 31, 2) While the Torah may sanction and even at times command us to take revenge against our non-Jewish enemies, when it comes to our fellow Jews it is an entirely different story. The Torah commands us in Vayikra (19, 18), "You shall not take revenge and you shall not bear a grudge against the members of your people." Although taking revenge against your fellow Jew is forbidden, the fact is that sometimes our baser nature gets the better of us. In what way, if any, does halacha take in to account the very human desire for sweet revenge?
In Shulchan Aruch, Choshen Mishpat 421:13 we find an interesting discussion that relates directly to our question. The discussion centers on the simple case of two people who are beating each other up. The Mechaber states the straightforward halacha that in a case where they 'both started it' each combatant is responsible to pay for the damages he caused to the other. The Mechaber continues and states that when one of them started the fight the other certainly has the right to protect himself with reasonable counterforce (of course, a healthy adult male would not be allowed to deliver a knockout punch to protect against the blows of a ten-year old).
All of that is simple. What is not so simple is the case in which a person received an undeserved blow from someone and there is no indication that he is about to receive another one. Yet, understandably, the recipient is fuming mad and in the heat of the moment he wants to 'return the favor.' Granted, he may be transgressing the prohibition of taking revenge if he does not succeed in controlling himself. However, does that mean he should be held monetarily responsible if he does not rise to the occasion and hits his attacker in retaliation?
The S"ma, s.k. 24 rules that, no, he would not be held responsible for any damage he did during the heat of the moment. However, if the blow was delivered after a moment or two had past, then he is obligated to pay for damages. That amount of time should have given the victim enough time to cool off and control himself. In the S"ma's opinion, the Torah considers 'the heat of the moment' to be a legitimate reason not to pay. Importantly, the Vilna Gaon concurs with the S"ma's ruling. The Kesef Kodshim suggests that the S"ma would even extend his ruling to include retaliation as a result of incendiary name-calling.
The T"az, however, disagrees with the S"ma's view. His opinion is that since retaliation is forbidden, it is never halachically sanctioned. The fact that the victim could not control himself is not grounds for absolving him of his actions. In the Taz's view, only damages done in self-defense are justified. In general, a bais din cannot obligate someone to pay for a claim against him unless the halachic opinions regarding the issue unanimously support the claim. Therefore, practically speaking, since the S"ma and the Gr"a disagree with the T"az, a bais din could not obligate a victim who retaliated and damaged his attacker in the heat of the moment.
The lesson for us is a subtle one. We should not take away from this discussion the notion that the Torah does not expect of us to control ourselves even in the heat of the moment. It does. And proof of that is the T"az's opinion. The S"ma does not argue with the T"az on the fact that we must try to control our emotions at all times. Rather, the S"ma's argument with the T"az is only about the legal consequences of failing to rise up to the challenge.
The Mesilas Yesharim, pratei hanekius,writes, "Revenge is sweeter than honey. Therefore, to overlook an offense so as not to hate nor to take revenge...but to forget the whole affair and remove it from his heart as if it never occurred...is easy only for the ministering angels..." The Torah, we know, was not given to angels, but to human beings. However, the greatness of Man is that by controlling our baser nature we rise above even the angels. True, Choshen Mishpat deals with us as humans with all our failings, but if you look close you can still see the angels.
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