The Baal HaTurim notes that the word u’bieir is mentioned twice in the Torah. It is mentioned earlier, in Parashas Mishpatim (Shemos 22:4), u’beier b’sdei acheir, “or he grazed in another’s field.” The Torah addresses the owner who allows his animal to graze in someone else’s field. Second, is the above reference to the Kohen who kindles wood on the Mizbayach every morning. Obviously, some connection must exist between the two pesukim.
In Sefer Devarim 1:13, Moshe Rabbeinu is instructed to appoint judges to work under him in judging the nation. The pasuk says, Havi lachem anashim… va’asimeim b’rosheichem, “Provide for yourselves distinguished men… and I shall appoint them as your heads.” In his commentary to the pasuk, Rashi observes that the yud of va’asimeim is noticeably missing. Va’asimeim without a yud is translated not as, “I shall appoint them,” but rather as, “And I shall hold them guilty,” deriving the meaning from asham, guilty. Rashi explains that the Torah is alluding to an important principle. If the nation suffers collective spiritual shortcomings, Hashem holds the leaders responsible. The dayanim, rabbinic leaders of the nation – in whose power the spiritual guidelines of the Torah nation are placed – have a moral, ethical and spiritual obligation to see to it that the Torah’s laws are executed correctly. If there is laxity in Torah observance, the guilt is on their heads.
Applying Rashi’s exposition, Yalkut HaGershuni explains the relationship between the two pesukim in which u’bieir is used. When the nation transgresses its spiritual boundaries, seeking to emulate the way of life and culture of those b’sdei achier, in another’s field, in the fields of the gentile society, when our people copy their styles of dress, their morals, ethics and lack of spirituality, then the Kohanim – who represent the Jewish’s nation’s spiritual elite, its judges who should teach, guide and set the standard for the nation – are held in contempt. They have abused their power of leadership; thus, they will be – u’bieir alehah ha’Kohen – they themselves have to answer for their selfish manipulation of halachah. This applies to rabbinic “figures” (note “figures” rather than “leaders”) who take advantage of a woman whose husband refuses to give a get unless she either gives up her children or pays an exorbitant sum of which the rabbinic figure takes a percentage. Concomitantly, it applies equally to the flip-side when a woman holds her children hostage, to lord over her husband while he pays through the nose for the rest of his life. In either case, the dayanim should mediate – not intimidate; preach calm – not incite; encourage – not extort; seek a peaceful resolution – not u’bieir b’sdei achier, follow the standards set by the gentile world.
