31 Dec Giving What’s Deserved
Yosef gave each of his brothers one set of clothing, however he gave Binyomin five sets, Bereishis 45:22. The gemara in Megillah 17a says that a person should not show favoritism to one child over others as Yaakov did by giving Yosef the ksones pasim. The gemara asks why did Yosef do the same by showing preference to Binyomin and giving him five sets when the other brothers received one? The gemara answers that he was being meramez that in the future one of Binyomin’s descendants will go to King Achashveirosh with five articles of clothing.
The Maharil Diskin questions the above remez because Binyomin only got four extra sets of clothing since all the brothers received one set of clothing. The Maharil Diskin answers that the reason he gave all the brothers a set of clothing since the brothers ripped their clothing when they saw that Binyomin allegedly stole the silver cup. Yosef felt that he caused them damage because they ripped their clothing for nothing and therefore he paid them back. Binyomin never ripped his clothing, as we see in the Medrash that Binyomin knew it was a bilbul (trumped up charges.) Yosef had told Binyomin in secrecy what he was doing, therefore Yosef did not owe Binyomin clothing. Therefore, all five sets of clothing were a remez to Mordechai who wore five sets of clothing when he went to Acashveirosh.
The Maharil Diskin says a chiddush that even had Binyomin ripped his clothing so as not to be different than his brothers, Yosef would be exempt from paying his clothing.
The question arises; if one is mazik someone else, but the other person does not know that he was harmed, is the first person able to pay the nizok as a gift without telling him? Lichorah, even in the case where the first person is not mechuyav to pay and he just wants to be yotzei yedei shomayim by giving a gift, it would not be allowed. This is so, since the second person would be maker tov to him, not knowing that this gift is in lieu of payment. This would constitute geneivas daas, which the gemara in Bava Metziya 58b says is forbidden. In the case of Yosef, this would be different since he was really pattur to pay as he only damaged via a grama.
This would be a good reason explaining why one may not use maaser ani for mishloach manos, since the person getting the mishloach manos would be maker tov. The Mishna Berurah (694:3) says a person may not give the first two mishloach manos for maaser sheini.
We see from the Maharil Diskin that Yosef paid the brothers despite the fact that he was only a gorem. In the case of the brothers, there was actually no stealing. What would be the case if there actually is a ganev coming to my house. May I dig a pit for the ganev to fall and possibly even die in the process?
The gemara in Meseches Derech Eretz 3; 3 says that every person should appear in one’s eyes as a potential robber, but be mechabed him like Rabban Gamliel. The story is shared that Reb Yehoshua had a person come to him. Reb Yehoshua fed him, gave him drinks, and showed him great respect. That night he led the guest to the attic to sleep and pulled away the ladder from the attic. In the middle of the night, the guest started gathering everything in the attic to steal and upon exiting the attic in the dark and not seeing that the ladder was removed, fell and broke his back. In the morning, the person complained to Reb Yehoshua and Reb Yehoshua told him he took precautions since every person could be a ganev. We see that it would be permitted for a person to cause a hezek via a grama in order not to be robbed.
May we be zoche to be from the people that are in the category of Kabdehu and not from the people of Chashdehu.