The Obligation of a Talmid Chochom to Act Beyond the Letter of the Law

Question

Erev Shabbos, I was taking a taxi from the Kosel to my home and we agreed upon a price for the journey. There was some traffic along the way, and when we arrived at the destination, the driver quoted me a higher fare than what we had agreed upon. When I reminded him that we had set a price beforehand, he explained that when he saw the traffic, he turned on the meter.

I decided to stand my ground and paid him the originally agreed-upon fare. The driver, visibly upset, followed me into the shul I had entered. I told him that I would call the taxi company to clarify the matter. When the company confirmed that he was obligated to honor the price we had agreed upon, he left, though clearly disappointed.

I was confident that I had acted correctly and didn’t give it another thought. Yet, when I arrived home, I realized that one of the items I had purchased for Shabbos had fallen out of my bag. Its value was exactly the amount the driver had asked for above the agreed price. This “coincidence” got me thinking that perhaps I had acted improperly. I would like to ask the rov to clarify this matter.

Thank you.Rabbi Y.

Rav Zafrani 

There are many popular teachers—Moreh Sarah, Moreh Rivka, and Moreh Estie—but the most popular one is Moreh Heter (one who teaches himself to be lenient). When it comes to Choshen Mishpot, it is always worthwhile to ask a shailah, because when it comes to money, human nature tends to tilt the scales in one’s own favor.

In this particular scenario, the din is in your favor. In most cases, once a price has been agreed upon, it cannot be changed. However, since you are a well-known rov and recognized as a talmid chochom, you are expected to act lifnim mishuras hadin, beyond the strict letter of the law, as I will explain.

The Gemara (Bava Metzia 83a) recounts a story involving Rava bar bar Chanan, who hired two workers to transport a barrel of wine. The workers accidentally dropped and broke the barrel, and Rava took their coats as collateral to recover the loss. The workers went to Rav for guidance, and Rav told Rava to return the coats. When Rava asked if this was the din, Rav replied that it was, citing the first half of the verse in Mishlei (2:20), "Lemaan teileich b’derech tovim—So that you may walk in the way of the good.”

After Rava returned their coats, the workers argued that although they had broken the barrel, they had worked all afternoon and deserved to be paid. Rav instructed Rava to pay their wages. Again, Rava asked if this was halacha, and Rav answered that it was, this time referencing the second half of the same posuk: "v’orchos tzaddikim tishmor—and keep the paths of the righteous.”

Rav was teaching Rava bar bar Chanan that although returning the coats was the din (obligated by halacha), paying the wages was not strictly required. Yet, because Rava was a known tzaddik, he was expected to act lifnim mishuras hadin and compensate them.

At first glance, this episode may seem like a case of middas chassidus (pious conduct), but the Vilna Gaon explains (on Mishlei, ibid.) that for most people, the din did not require paying wages. However, since Rava was a known tzaddik, he was, in fact, obligated by halacha to act beyond the letter of the law.

It’s important to note that this approach is not appropriate in all situations. If the taxi driver had outright stolen from you, you would have been entirely justified to withhold the extra payment. But your case is different. He did transport you home, and had you not set a price in advance, you would have been obligated to pay the amount on the meter. It's true that turning on the meter after agreeing on a fare was not yoshor (proper), but it's not your job to correct his behavior.

Because you are a well-known rov, your din aligns with that of Rava bar bar Chanan. In such a case, it would have been appropriate to pay the additional amount.

I understand that, in scenarios like this, it is difficult to part with the money. No one wants to feel like they’ve been “ripped off,” and human instinct is to resist paying. This is precisely why the Chofetz Chaim kept a special “shalom fund” that he would dip into for cases like these.

Another reason a rov like yourself should act stringently in such matters is based on the Rambam (Hilchos Yesodei HaTorah 5:11). The Rambam lists certain actions that, while not transgressions for the average person, constitute a chillul Hashem if performed by a talmid chochom. The reasoning is that a talmid chochom must behave in a more elevated and refined manner. Doing so sanctifies Hashem’s Name; failing to do so causes its desecration.

Since you fall into the category of talmid chochom, you are held to that higher standard. It would have been proper to pay the taxi driver the extra amount and not make an issue out of it. In His kindness, Hashem caused you to lose an item of equal value so that you could internalize this important lesson in how a talmid chochom is expected to act lifnim mishuras hadin.

May Hashem grant you siyata diShmaya to continue teaching Torah and to recognize the times when you are called upon to act lifnim mishuras hadin.