Our Gemara on Amud Beis weighs the effectiveness of an objection raised by an owner, claiming that somebody is squatting on his property, however, the claim was said in a circumstance or situation where it was not likely to reach the ears of the alleged squatter. This potentially is a problem because on the one hand, it doesn’t serve the squatter warning so he might not have maintained or secured properly his contract of sale, which might allow him to make an excuse and say, “After all these years and hearing no complaints, I wasn’t worried anymore, and so I lost track of my papers.” On the other hand, it still shows that the prior owner was not passive and objected to the alleged squatting, giving validity to his claim: 

 

Rav rules: A protest that is lodged not in his presence is a valid protest. The Hebrew phrase is “Mecha’a Shelo Befanav”.

 

In other words, sometimes the objection may feel futile, as the occupier is not listening, but objecting to the occupation is still important for the person’s credibility and to show he has not relinquished the right to make a claim.

 

There is a metaphysical idea within this legal ruling. Someone asked Rav Yitschok Mi-Skver: Of what use or significance is it that many people discuss their righteous and ideal aspirations when their ability is far below that? The Rebbe explained, when a person is unable to live up to his ideals, it is if the evil inclination is a squatter occupying the territory of his mind and heart. After all, our sages have taught (Sotah 3a): “A person only sins because he is possessed by a deranged spirit.” Therefore, the Rebbe said, we must raise our objections against our hearts and minds being occupied by the evil inclination. Even if right now that part of our heart and mind is not able to listen, the objection is for our credibility and self definition. ( מפי ספרים וסופרים, ג, עמ' ד )

 

It is important when a person finds himself acting immoral or sinning, that he not rationalize it with excuses. There is a fine line between being brazen and acting like you don’t care, versus refusing to rationalize. One can admit that he is falling short of something right now, doing something wrong, and unable to work on it yet. He cannot be glib and merely accept it, nor should he try to explain it away or minimize it.

 

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation cool

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