Vayeira

The metropolis of Sodom (it was made up of five cities) is synonymous in general usage with corruption and cruelty. The Talmud reports that offering hospitality to a stranger carried the death penalty in Sodom. Lot's third daughter had been found guilty of this heinous offence and was killed by being eaten alive by insects. If you find such a society hard to imagine then think back to Nazi Germany where people were divided into two, the Aryan and Untermenschen (sub humans)...people not like them, foreigners. Even today in Austria you can see vivid graffiti stating "Auslanders raus!" foreigners out.

It is this society and people about whom Avroham prays to G-d in Vayaira. "And Avroham drew near and said will you kill a saint with an evil man. Perhaps there are fifty saints in the city will you be angry and not save the place for fifty saints? It would spoil you to such a thing, to kill a saint with an evil man so that a saint is like an evil man...."
Avroham then goes on to have the whole city save even if only forty five saintly people are found then forty and all the way down till ten. Rashi explains what Avroham meant by protesting that to kill both the innocent and the guilty would "spoil" G-d. People will say G-D always kills the innocent with the guilty. He did it at the time of the flood and at the tower of Babel. The Sifsei Chachomim points out that this is untrue, G-d saved the innocent at the flood and no one was killed at the tower of Babel. What Rashi is saying is that if you do this then people will claim that there were other saints at the time of the flood whom G-d didn't save and that Sodom would prove it. The Alshich explains Avroham's plea, that it would spoil your reputation in the eyes of those witnessing the complete destruction of Sodom as they will see the innocent killed. One cold argue that the innocent are responsible for not protesting the behaviour of the guilty and that this justifies their punishment. This was what happened at the destruction of the first temple in Jerusalem according to the Talmud in Shabbos 55a. Here Avroham challenges such a sentence. To give the same degree of punishment to both groups would be unfair. If the guilty merit death, then those who didn't protest should receive some lesser punishment.

Interestingly G-d accepts Avroham's argument even to the point where ten people could avert the eradication of Sodom. That means that Rashi's concern would not be realised. G-d didn't kill the innocent and the guilty in Sodom nor in the flood or at the tower of Babel. The puzzle is why the Talmud in Shabbos 55a says that it did happen to us at the destruction of the first temple!

The Talmud says the following "There was only once that G-d wished to do good to the Jewish people and it backfired. At the time of the destruction of the first temple he said to the Angel Gavriel," go and write the Hebrew letter Tof in dye on the foreheads of those who were distressed at the awful things that people were doing in Jerusalem. Then write the same letter in blood on the heads of the guilty so that when I send the destroying angel he will leave the innocent alone. Then Justice said to G-d "What is the difference between these two groups?" G-d replied "These are complete saints and these are completely evil people." Justice relied " But the saints should have protested the behaviour of the evil ones." G-d replied "It was known and obvious to me that if they did so then the evil ones would not listen." Justice retorted "If it was known to you how was it known to them?" After that both the innocent and the guilty died at the destruction of Jerusalem."

In our Sedra, Avroham says to G-d that to punish those who merely did not protest, in the same way as he punishes the guilty, would bring G-d into disrepute. G-d accepts that argument. The great Sephardi Giant The Ben Ish Chai makes to interesting observation on this piece of Talmud. Why would it be necessary to mark the foreheads of the innocent and the guilty the destroying angel need only see those he is to kill marked. As G-d is above time then he would already know of the argument and objection of "Justice" and that he would accept it. Why then tell Gavriel to mark foreheads to no purpose?
The Ben Ish Chai explains that perfect saints do not die in the same way as every one else. The Angel of death cannot "take" them as they have done nothing wrong. Rather they die by the "kiss of G-d" as did Moses Aaron and Miriam. The marking of the foreheads of these saints was to indicate that they would indeed be saved form the destruction of Jerusalem. Their lack of protest was wrong but G-d himself would painlessly and gently end their lives. The guilty would face the legions of Babylon and Nebuchadnezer. (See the essay on "How can we believe in G-d after Auschwitz) G-d never equates a saint with an evil person. The Chofetz Chaim In a work called "Likutei Omrim" quotes this piece of Talmud. When we see something wrong and don't protest or intervene, then ultimately it will be those whom we didn't try to stop who will condemn us. He recalls witnessing a Jew who lived near the town of Rakow. This Jew had been found guilty of some crime and sentenced to fifteen years in Siberia. As he was being taken through Rakow on his way to Minsk for transportation, he asked if the Rabbi of the town could be brought to see him. When the Rabbi arrived the Jew said "Rebbe, I have a complaint. The situation I am in is due to you. I didn't start out like this. I started committing small crimes and graduated, till I find myself in the sate I am today. At no stage in my "Career did you tell me off or protest at what I was doing. Had you stopped me when I was young I wouldn't be here like this today"

The Chofetz Chaim says that if a Jew has the ability to protest and doesn't then indeed he shares some of the guilt. If they wont listen to you in your own town then protest elsewhere. We are simply not allowed to stand back and ignore wrong doing as Jews we must protest.