Restoring Trust: Can a Fallen Haver Return?

When a scholar compromised his integrity by collecting taxes, the Sages argued whether his repentance could ever restore his lost status.

The Loss of Reliability

In the era of the Tannaim, a חבר (an associate pledged to strict purity and tithing) enjoyed total credibility in ritual matters. In contrast, an עם הארץ (an unlearned person lax in purity) could not be trusted regarding food purity or tithes.

The Gemara discusses what happens when a חבר backslides into corrupt ways. A related case occurs when an associate accepts an appointment as a גבאי (royal tax collector), a position associated with extortion and dishonesty.

If this fallen individual later resigns from his office or repents, can he ever be restored to his trusted status?

Tannaitic Dispute Over Backsliders

A baraita records an initial dispute among Tannaim concerning associates who abandon their commitments. Rabbi Meir rules uncompromisingly that once they backslide, they are never accepted again as associates. Having proven untrustworthy, their reliability is irreparably broken.

Rabbi Yehuda distinguishes based on whether the lapse occurred in private or public. However, Rabbi Shimon and Rabbi Yehoshua ben Korcha disagree entirely. They hold that repentant backsliders are always welcomed back, citing the prophetic verse urging backsliding children to return.

רַבִּי שִׁמְעוֹן וְרַבִּי יְהוֹשֻׁעַ בֶּן קׇרְחָה אוֹמְרִים: בֵּין כָּךְ וּבֵין כָּךְ מְקַבְּלִין אוֹתָן

Rabbi Shimon and Rabbi Yehoshua ben Korḥa say: Both in this case and in that case they are accepted. (Bekhorot 31a:3)

The Case of the Tax Collector

The Gemara explores this question through a historical shift regarding tax collection. Initially, the Sages ruled that an associate who becomes a tax collector is permanently cast out. Later, the Sages reversed this, ruling that if he resigns, he is treated like any other person.

This shift led to an acute disagreement between two great Amoraim, Rabba and Rav Yosef. When the respected scholar Rav Huna bar Hiyya accepted a tax collectorship, four hundred pairs of disciples withdrew from him,. Rav Huna bar Hiyya sent word that he had repented and resigned.

Upon hearing of his resignation, Rabba went to visit him, but Rav Yosef refused to visit him.

רַב יוֹסֵף אָמַר: תְּנֵינָא, פֵּירַשׁ — אֵין מְקַבְּלִין אוֹתוֹ; רַבָּה אָמַר: תְּנֵינָא, חָזְרוּ לוֹמַר: פֵּירַשׁ — הֲרֵי הוּא כְּכׇל אָדָם.

Rav Yosef said: We learned, if he resigned, they do not accept him. Rabba said: We learned, they went back to saying: if he resigned, he is like any person. (Bekhorot 31a:6)

Explaining Rav Yosef's Hesitation

Rav Yosef justified his refusal by citing the early baraita that permanently disqualifies a resigning tax collector. Why did Rav Yosef disregard the later, lenient ruling?

One explanation suggests that Rav Yosef adhered strictly to the initial ruling, viewing tax collection as an unforgivable breach of trustworthiness. Alternatively, the Petach Einayim explains that Rav Yosef agreed with the later ruling in theory, but held that an associate loses his status immediately. Until the community formally accepts him anew, he remains an untrusted outsider. Rabba, however, held that his sincere resignation immediately qualifies him for association,.

The Halachic Outcome

Rabbi Yochanan explicitly establishes that the halacha follows Rabbi Shimon and Rabbi Yehoshua ben Korcha. Any lapsed person who genuinely repents is granted the opportunity to return,.

In the dispute between Rabba and Rav Yosef, the halacha follows Rabba. The Rambam rules that an associate who becomes a tax collector loses his title, but upon abandoning his deeds, he is eligible to return.

However, because his reliability was compromised, he does not automatically regain his status; he must accept the commitments anew.

פֵּרַשׁ מִמַּעֲשָׂיו הָרָעִים הֲרֵי הוּא כְּכָל אָדָם וְצָרִיךְ לְקַבֵּל דִּבְרֵי חֲבֵרוּת כְּבַתְּחִלָּה

If he abandons his evil deeds, he is considered as every other person, and he must accept the practices of an associate as at the outset. (Mishneh Torah, Those Who Defile Bed or Seat 10:8)

A fallen associate can always regain reliability through repentance, but must formally accept his commitments from the beginning.

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