<div dir="ltr">I recently gave a shiur on an interesting gemara where the non-yeshiva interpretaion is very different from the yeshiva one<div><br></div><div>The gemara is on Baba Metzia 62a in a famous story of 2 people lost in the deset with enough water for only one to reach new water. Ben Peturah says they should split the water while Rav Akiva says the owner of the canteen gets all the water</div>
<div><br></div><div>The yeshiva explanation basically agrees with Rav Akiva and tries to explain Pen Petorah while the nonyeshiva approach has a basic philosophic argument</div><div>1) R Chaim Soloveitchik dsitinguishes between passive killing (eg being thrown on someone) and indirect killing by not giving someone water. R Akiva allows this indirect killing while Ben Petorah does not and so we come back to the halacha that one cant kill someone else to save ones life</div>
<div><br></div><div>Chazon Ish strongly disagrees with this distinction and explains the gemara (along with several others including the Netziv) that there is enough water for both of them to survive for a while (chaye shaa). Ben Petorah holds that this temporay life is important enough for them to share the water. R Akiva disagrees and says that the owners chaye olam (long term life) overrides the others short term life.</div>
<div><br></div><div>Interestingly this discussion is not brought either by Rambam or SA. Modern day poskin assume the halacha is like R. Akiva on general grounds while R Kook is not sure based on details of the gemara and its connection with collection interest paid in court</div>
<div><br></div><div>2) Achad Haam has an article in which he claims that Ben Peturah represents the Xtian viewpoint that emphasizes subjective emotion over objective justice. This one has to be willing to sacrifice ones life for someone else. R Akiva represents the Jeiwsh (correct!) viepoint that saving a life (ie one dead and not 2) overrides compassion. So the owner gets everything.</div>
<div><br></div><div>Interestingly a medieval Arab philosopher brings a similar story and "paskens" that the water should go to the one who will bring the greatest help to mankind.</div><div>There is even an ancient philosopher who brings a similar story of 2 from a sinking ship holding onto a piece wood that is strong enough for one. He "paskens" that the stronger one should throw off the weaker one and if he doesnt he is a foolish tzadik.</div>
<div><br></div><div>Domiel quotes Achad Haam and disagrees and says compassion should win out over justice.</div><div><br></div><div>3) Others have pointed out that simple pshat in the gemara is more like Achad Aham than the yeshiva attitude. First of all Ben Puterah appears only once in Shas and the name appears similar to "Peter" especially in some other girsot. Furthermore the language of the gemara is unusual. Instead of the usual X says Y says the gemera says "Ben Peturah darash" - ie no pasuk</div>
<div>then "ad she-bah Rav Akivah" indicating that the accepted explanation was Ben Peturah until much later Rav Akivah disagreed based on a pasuk.</div><div>Most telling is Ben Peturah's reasoning in the gemara (as distinct from RCS or CI) that one shouldnt see the death of the other which sounds like an emotional argument.</div>
<div><br>-- <br><div dir="ltr"><font color="#000099" face="'comic sans ms', sans-serif">Eli Turkel</font></div>
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