‘Would Not Join An Unworthy Jury’

Two people in Vilna had an argument that required a Din Torah. The agreed to choose the Dayanim through Borerus, where each one chose one Dayan and the two Dayanim would choose the third. One side chose the Vilna Gaon. The other side chose someone who wasn’t a Ben Torah and the Vilna Gaon said he would not hear the case together with this other Dayan. He said that the Daas of a Ba’al HaBayis is completely different from Daas Torah and they would never see things eye to eye.

When the Vilna Gaon was asked where his basis for this was in the Torah, he said that it can be found in Parshas Bamidbar. When discussing the encampment of the Shevatim, the Torah says each Degel had three Shevatim under it. By the last Shevet in each group the pasuk say’s “U’Mateh,” and the Shevet… By Zevulun who was last in the Degel of Yehuda, right after Yisachar, it says [Bamidbar 2:7] “Mateh,” without the letter “Vav”. The Vilna Gaon explains that the letter Vav connects what is written previously with what the Torah is saying now. Since Yisachar learned Torah, and Zevulun were the businessmen, their outlook was always different and there was no common ground between the two. Therefore, the connecting “Vav” was left out.