Bava Basra 004: Daniel and giving advice to Resha'im

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Bava Basra 004: Daniel and giving advice to Resha'im

jeffrey perman asked:

The gemorah brings a proof that it is assur to advise a rasha and brings a 
proof from Daniel,who gave Nevuchadnetzar advice and was punished. What is the 
basis for this issur? The Rambam brings this l'halacha, but the Rif, Rosh, and 
Shulchan Aruch do not. The only other Rishon that I've found that gives p'shat 
is the Meiri, but that doesn't explain the Rambam. I thought it might be from 
"Lo Sechanaim", but again that doesn't seem to be what the Rambam is saying, 
and the Shulchan Aruch should have then brought it l'halacha.

I hope you can help me.

Thank you,
jeffrey perman, chicago,usa
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The Kollel replies:

Some commentaries indeed understand this is due to Lo Sechaneim (as apparent 
from the notes on the Rambam, indicating that this is the position of the 
Rogatchover in Tzofnas Panei'ach). However, the Divrei Malkiel (4:71) in fact 
seems to understand that the reasoning of the Meiri is the explanation of the 
Rambam. This must be the explanation if one holds that there is no prohibition 
of Lo Sechaneim by an Eved (a question discussed by the Tzofnas Panei'ach 
quoted above).

The explanation of the Divrei Malkiel in a nutshell is that any person who is a 
Nochri or Eved and has no interest at all in becoming closer to Hashem should 
not be guided regarding how to better his portion in Olam ha'Zeh or Olam ha'Ba. 
The reason this does not apply to a regular Jewish Rasha is because there is a 
law of Arvus, that we are responsible for each other's actions. Accordingly, it 
is in the best interests of Klal Yisrael that even such a Jew not commit sins, 
and we should therefore ensure he does not sin, even if he currently doesn't 
care one way or the other. [See Divrei Malkiel ibid. at length.]

All the best,
Yaakov Montrose


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