THE ETHICAL TORAH: THE SAGES SPEAK
No. 23-B (Second of Two Parts) in series
JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20
Excerpts from the mussaria.org website, a compilation of Jewish ethical commentaries throughout the ages
Compiled by Rabbi Arthur J. Levine, Ph.D., J.D.
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TITLES IN THIS SERIES
1A/B The Golden Verse: Love Your Neighbor (Leviticus 19:18) 2 Imagining Man: In Our Image (Genesis 1:26-28) 3 Open Your Hand (Deuteronomy 15:7-11) 4 Talebearer/Standing Idly By (Leviticus 19:16) 5 Sin Crouches at the Door (Genesis 4:6-10) 6 Hear, O Israel (Deuteronomy 6:5-7) 7 Rebuke Thy Neighbour (Leviticus 19:17) 8 Keep Far from Falsehood (Exodus 23:1,2,7) 9 Do Not Follow Your Heart; You Shall Not Covet (Numbers 15:39, Ex. 20:14; Deut. 5:18) 10 Honoring Parents (Exodus 20:12/Leviticus 19:3/Deuteronomy 5:16) 11 Keep the Way of the Lord (Genesis 18:19) 12 Stumbling-Block Before the Blind (Leviticus 19:14) 13 Not Good to Be Alone; They Shall Be One Flesh (Genesis 2:18, 2:22-24) 14 Love the Stranger (Exodus 22:20-23/Deuteronomy 10:18-19) 15 Whosoever Sheddeth Man’s Blood (Genesis 9:5-6) 16 Return Your Enemy’s Ox; Help Him Unburden It (Exodus 23:4-5, Deuteronomy 22:1-4) 17 Will Not the Judge of the World Do Justly? (Exodus 18:23-27, 32-33) 18 Set Apart; Choose Life (Leviticus 18:3-5, 20:24-26; Deuteronomy 30:19-20) 19 The Imagination of Man’s Heart Is Evil (Genesis 6:5, 8:21) 20 Do Not Wrong Your Neighbor (Leviticus 19:13; 25:14, 17) 21 You Shall Be Holy (Ex. 19:6, 22:30; Lev. 10:3, 11:44-5, 19:2, 20:26; Deut. 10:13, 14:21) 22 Walk in His Ways (Deuteronomy 10:12, 13:5, 13:18; 28:9) 23A/B Judge Righteously; Pursue Justice (Exodus 23:2,3, 6; Lev. 19:15, 24:22; Deut. 1:16-17) 24 Everything That He Had Made … Was Very Good (Genesis 1:31) 25 For You It Shall Be Food (Genesis 1:29; Leviticus 11:3, 19, 43-45, 47; Deut. 14:21) 26 Do the Right and the Good (Exodus 15:26; Deuteronomy 6:18; 12;28) 27 The Breath of Life … A Living Soul (Genesis 2:7) 28 In What Else Shall He Sleep? (Exodus 22:24-26; Leviticus 25:36–37, Deut. 23:20–21 29 To Work and to Guard It (Genesis 2:15) 30 Let Your Brother Live; Do Not Oppress a Laborer (Lev. 19:13; 25:35; Deut. 24:14-5)
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INTRODUCTION
The mussaria.org website (aka “theethicaltorah.com”) compiles thousands of verbatim excerpts from Jewish ethical commentaries and organizes them by Torah verse. The website provides powerful and flexible “search” and other tools intended primarily to aid the study and teaching of ethics based in the Torah [aka the Pentateuch; “The Five Books of Moses,” being the first five books (Chumash) of the Hebrew Bible (Tanakh) and of the “Old Testament”], including .(sermons) רבד י ות הר the writing of
This “eBooklet” series makes some of the website’s ethical materials more easily accessible by 1) highlighting Torah verses that have attracted the particular attention of Jewish ethicists, and 2) gathering excerpts from Torah verses addressing the same or similar subjects. (As to the latter, the eBooklets do not attempt a comprehensive by-subject compilation of excerpts. Moreover, many topics are addressed in multiple eBooklets. In a few cases, excerpts appear in multiple eBooklets to increase the likelihood that the reader will see them).
The excerpts in this eBooklet are generally limited to those in which the authors specifically referenced (one of) the subject verse(s). Many topics are addressed in multiple verses and eBooklets. Searching the mussaria.org website using alternative keywords (and keyword stems with the * wildcard symbol) may produce additional relevant excerpts.
A List of Source Keys, a Glossary of Hebrew/Aramaic terms, a Principal Verse Index, and a Topical Index appear following the excerpts in each eBooklet.
Underlining and bolding within excerpts is mine, intended as a highlight aid to the reader. Also, wherever the author has spelled out the name of the Divinity, I have changed it to “G-d” and/or "L-rd,” in conformance with traditional Jewish practice not to write the Divine name. The author’s punctuation is generally retained throughout.
ã 2021 Arthur J. Levine. All rights reserved. For copyright information regarding the use of the commentary excerpts in this eBooklet and in the mussaria.org website, see: https://mussaria.org/A-Word-About-Copyright
It is my hope that increased attention to these verses will promote the ethical behavior that is central to Judaism and, indeed, to personal, family, and societal harmony.
I wish you many blessings.
Rabbi Arthur J. Levine, Ph.D., J.D. ברה ד ״ ר רהא ן ב ן כדרמ י לה ו י Fullerton, California March 2021/Adar 5781
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JUDGE RIGHTEOUSLY; PURSUE JUSTICE Exodus 23:1-3, 6, 8; Leviticus 19:15, 24:22; Deuteronomy 1:16-17; 16:19-20
אל אשת עמש אוש לא תשת־ י ךד ־םע עשר תיהל דע סמח היהת־אל רחא י םיבר־ תערל ו הנעת־אל בר־לע תטנל רחא י םיבר ׃תטהל לדו אל רדהת ובירב רדהת אל לדו
אל הטת טפשמ יבא ךנ רב ובי ׃ויר ך ב פמהתא
דחשו אל חקת יכ דחשה רועי םיחקפ ו ףלסי ירבד ׃םיקידצ … … ושעת־אל וע ל טפשמב אשת־אל נפ י לד־ ו אל רדהת נפ י דג ו ל קדצב טפשת ׃ךתימע טפשת קדצב ל ו דג י נפ רדהת אל ו לד־ י נפ אשת־אל טפשמב ל וע ושעת־אל … טפשמ דחא היהי םכל רגכ חרזאכ היהי יכ נא י הוהי ׃םכיהלא הוהי י נא יכ היהי חרזאכ רגכ םכל היהי דחא טפשמ … הוצאו םכיטפש־תא תעב אוהה רמאל עמש יב ן םכיחא־ םתטפשו קדצ יב ן שיא־ יבו ן יחא־ ו יבו ן ורג ׃וג ןיו ויא ב שא בקצםטש םיא בעשרא יכת־אל ר ו נפ םי טפשמב ןטקכ לדגכ ועמשת ן אל גת ו ר ו נפמ י שיא־ יכ טפשמה םיהלאל אוה רבדהו רשא השקי השקי רשא רבדהו אוה םיהלאל טפשמה יכ שיא־ י נפמ ו ר ו גת אל ן ועמשת לדגכ ןטקכ טפשמב םי נפ ו ר יכת־אל םכמ וברקת ן ילא יתעמשו ו תמו יא בק כ … הטת־אל טפשמ אל ריכת נפ םי ו חקת־אל דחש יכ דחשה רועי יע נ י םימכח ו ףלסי ירבד ׃םקידצ ירבד ףלסי ו םימכח י נ יע רועי דחשה יכ דחש חקת־אל ו םי נפ ריכת אל טפשמ הטת־אל קדצ קדצ ףדרת -- ןעמל היחת ו תשרי תא ץראה רשא הוהי ךיהלא ןתנ ךל ןנ יל וי ש ץא אתר הח ןמ
1 Thou shalt not utter a false report; put not thy hand with the wicked to be an unrighteous witness. 2 Thou shalt not follow a multitude to do evil; neither shalt thou bear witness in a cause to turn aside after a multitude to pervert justice; 3 neither shalt thou favour a poor man in his cause. …
6 Thou shalt not wrest the judgment of thy poor in his cause. … 8 And thou shalt take no gift; for a gift blindeth them that have sight, and perverteth the words of the righteous.
15 Ye shall do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor favour the person of the mighty; but in righteousness shalt thou judge thy neighbour. …
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16 And I charged your judges at that time, saying: ‘Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger that is with him. 17 Ye shall not respect persons in judgment; ye shall hear the small and the great alike; ye shall not be afraid of the face of any man; for the judgment is God’s; and the cause that is too hard for you ye shall bring unto me, and I will hear it.’ ….
19 Thou shalt not wrest judgment; thou shalt not respect persons; neither shalt thou take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous. 20 Justice, justice shalt thou follow, that thou mayest live, and inherit the land which the LORD thy God giveth thee.
EBOOKLET 23-A
I. Render Fair Judgments (1-64) A. General Principle (1-8) B. Judicial Standards and Procedures (9-22) C. Appointing Judges (23-25) D. Unrighteous Witnesses (26-30) E. Fearing Litigants in Judgment (31-38) F. Accepting Bribes (39-48) THIS EBOOKLET 23-B G. Following The Multitude in Judgment (49-55) H. Favoring Rich or Poor in Judgment (56-62) I. Inclining Against a Sinner in Judgment (63-64) II. Law and Equity (65-77) III. Benefit of the Doubt (78-87) IV. One Law for All (88-91) V. Pursue Justice (92-103)
Note: Underlining and bolding have been added. Excerpts addressing issues in multiple categories are placed under their predominate category.
CONTINUED FROM EBOOKLET 23-A
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G. Following The Majority In Judgment
49. Do not answer ["rav" = many] [i.e., do not give your verdict] even upon the basis of a hundred identical opinions [but seek out the truth yourself]. (Yerushalmi Sanhedrin 4:7) TEMIMAH-EXOD 215
50. Do not answer ["riv" = quarrel]. Whence is it derived that if eleven judges acquit, eleven convict, and one is undecided, he should incline only towards acquittal? From "and do not answer upon a quarrel" [i.e. (in an instance such as the above) do not render a harsh verdict] (Mechilta). TEMIMAH-EXOD 215
51. "You must not follow the majority to do evil" [Exod. 23:2]. We have herein been admonished not to verbally strengthen the hands of sinners; and also not to associate ourselves with those who concur with wrongdoing, similar to what the pasuk says (Yeshayahu 8:12), "Do not say to join to everything that this people says regarding rebellion" [i.e., even though you are in the minority (Rashi)]. GATES 229
52. The very first reference to the concept of following a majority opinion in deciding a Jewish law comes from the Torah. This refers to a majority of judges who decide the guilt or innocence of an accused criminal. But the very fact that a minority can speak up and try to convince the majority it has the correct view, shows that Judaism tolerates minority opinions, even in cases that they do not rule that way. This was further demonstrated by how the highest Jewish Court, the Sanhedrin, deliberated capital crimes and other issues that affected the entire Jewish nation. The physical setup of the Sanhedrin was that of a semicircle, which is imitated today by the Knesset, the Israeli parliament. The Talmud states that the younger and less experienced members of the deliberative body would sit on the sides, while the more prominent members sat towards the middle. But when they begin deliberations, the first members who spoke were those that sat on the sides, the newest members, who gave their opinions first. This was the intentional order, so that the less experienced judges would not be influenced or intimidated by the opinion of the veterans. Sanhedrin 32b, 36a Thus, we see that Judaism not only tolerated different views, but actually encouraged and wanted different viewpoints on each subject that was judged. AMJV 347
53. Do not answer ["rav" = the master]. Do not say: "It is enough for the servant to be as his master," but say what you think. (Tosefta Sanhedrin 3). TEMIMAH-EXOD 215
54. "You shall not follow a multitude to do evil." If you join a group to speak or hear loshon hora, you violate this prohibition (See Shaarey T'shuvah 3:50). PGYT 17-8
55. He used to say: Do not go judging alone [by yourself], for none may judge alone except One [G-d]; and do not say [to the judges on the bench with you], "accept my opinion," for they are permitted, but not you. (Pirkei Avot, Perek IV, mishnah 10) ... Even among a panel of judges, it is possible that one will try to dominate the others, through an
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imposing personality, a dazzling display of scholarship, or the intensity of his convictions. Hence he [R. Ishmael b. R. Yose] cautions, "Do not say, Accept my opinion." For should you so assert yourself, you negate any good that can come from having several minds sit in judgment together. When you have a point, and opinion, or an argument, let it go forward only by its own currency and soundness of reason. Do not "push" it. To impose an opinion on someone who does not arrive at it by himself – this is the privilege of the majority, not of an individual in a group, no matter how gifted or brilliant he is. Alternatively, we can interpret our text to mean: Do not judge one of the parties in a lawsuit alone, when only he is before you. You must hear both sides of the argument from the principals themselves, before you can make any attempt to judge correctly. The only One who can make a decision after hearing only one side, is the Almighty Himself, as it is written: "When he [a poor man] cries out to me, I will hear, for I am compassionate" [Exodus 22:26]. The Creator can respond as soon as He hears a cry of complaint, since He is omniscient; nothing is hidden from Him. But you are a human being, bounded in time and space, able to gather knowledge only through five senses. For the facts in the case before you, you have no other source but the testimony of the people involved. The least you must do is to hear both sides before judging. SINAI2 64-5
H. Favoring Rich or Poor in Judgment
56. It is a negative commandment to show no honor to an eminent man in a court judgment as Scripture says, nor shall you favor the person of the mighty [Leviticus 19:15]. This means that if people come before him [a justice] in a lawsuit, one great and one small [in importance, etc.] he is not to honor the great one and is not to treat him cordially. He is not to greet that one in any greater extent than the other one. CCCBM 159
57. Do not say: He is a wealthy man, the son of great ones, and how can I shame him. To this end it is written: "And you shall not favor the face of the great" (Torath Cohanim) TEMIMAH-LEV 326
58. The prophetic pleas for justice, integrity, mercy and benevolence were embodied into the legal codes of the Torah. Here they were translated into concrete laws to govern the affairs of men. Animated by faith, the law was so formulated as to serve the ends of morality and was to be so administered as to have justice done to all. To ensure the rights of poor and rich, of home-born and strangers alike represents the duty of the judges, rulers and Kings. G-d Himself is the guarantor of justice. "Ye shall not respect persons in judgment; you shall hear the small and the great alike; you shall not be afraid of the face of any man; for the judgment is G-d's" [Deut. 1:17]. Most striking are these laws in the Code of the Covenant: [Exodus 23:3 and preceding verses] Geiger calls attention to the uniqueness of the last law. The rich man must receive no advantage because he is rich, nor should the poor man have preferential treatment because he is poor. "Sympathy and pity are emotions that have their proper place in use, but even those noble feelings must be silent before justice." [Judaism and Its History, p. 37] The
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full significance of this law is brought out by its sequel: "Thou shalt not wrest the judgment of the poor in his cause" (verse six). It is more important that he get justice than that he be favored. Inequity in any form is iniquity. The Code of Holiness state similarly: "Thou shalt not respect the person of the poor, nor favor the person of the mighty; but in righteousness shalt thou judge thy neighbor" (Lev. 19:15). COHON 197-8
59. It is a negative commandment not to have pity on a poor man in a court trial as Scripture says, neither show you favor a poor man in his cause (Sh'moth 23:3); and it says further, you shall not respect the person of the poor [Exodus 22:21]. [This means] that the judge should not say, "He is an indigent man, and we have a duty to sustain him. I will declare him right in the court case, so that he will be sustained with ease." CCCBM 157
60. Do not say: He is a poor man, and since I and the rich man are obliged to sustain him, I shall vindicate him in judgment so that he can support himself honorably. To this end it is written: "You shall not lift up the face of the poor" (Torath Cohanim) TEMIMAH-LEV 326
61. Justice applies to all. No man qua man is more than any other. The Torah, therefore, rejects double codes of morality--for yourself and for others, for the great and for the humble, for rulers and for the ruled, for individuals and for nations, for private life and for public life. "One law and one ordinance shall be both for you and for the stranger that sojourneth with you" (Numbers 15:16). The underprivileged and the defenderless in society are singled out in the Torah for special attention. "Ye shall not afflict any widow or fatherless child…" [Exodus 22:21]. Sensitive to the fact that justice requires equality and rejects all favoritism, the Torah warns us not to let our desire to help the poor lead us into a situation of reverse discrimination where we do an injustice to others: "Neither shalt thou countenance a poor man in his cause" and "thou shall not respect the person of the poor nor harm the person of the great" (Exodus 23:3 and Leviticus 19:15). SPERO 126
62. It is a negative commandment for a judge not to pervert justice for a proselyte or an orphan for Scripture says, You shall not pervert the judgment of a ger or an orphan [Deuteronomy 24:17]. If someone transgressed and did deal unjustly with the case of a convert or the case of an orphan, he would violate two prohibitions (one, You shall do no injustice in judgment -- Va-yikra 19:15; and one, this prohibition). See Deuteronomy 24:17 pervert CCCBM 157
I. Inclining Against a Sinner in Judgment
63. It was taught: Abba Chanan says in the name of R. Eliezer: If an evildoer and an observant Jew are being judged by you, do not say: Since this one is an evildoer, I shall incline the judgment against him. In this respect it is written: "You shall not incline the
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judgment of your poor one in his quarrel" -- [The reference is to] one who is poor in mitzvoth (Mechilta). TEMIMAH-EXOD 218
64. It is a negative commandment for a judge not to pervert justice for a sinner on account of his wickedness for Scripture says, You shall not pervert the judgment of your poor in his suit [Exodus 23:6]; and the meaning of "your poor" is a person who is impoverished in mitzvoth. CCCBM 157 II. LAW AND EQUITY
65. Fairness is a highly elastic quality. A higher degree of perfection and refinement is demanded of educated people than of the ignorant. A person in a position of leadership is expected to live up to higher ethical standards than what is normally demanded of the average man and woman. The test of civilized behavior is not whether a given act is permissible under the law but whether it is fair in the eyes of the public. The layman's concept of equity is an integral part of biblical ethical guidelines. Thus the injunction "to do that which is good and fair" [Deuteronomy 12:28] was interpreted by Rabbi Akiva (2nd cent.) to mean "that which is good in the eyes of heaven and fair in the eyes of men" (Sifre, Deuteronomy 12:28). Accordingly, the duty to act fairly is an obligation imposed on all people. This was also the basis of the mandate empowering rabbinic courts to render decisions, whenever necessary, in the spirit of equity rather than law. BLOCH 113-4
66. "Do not favor the poor nor show deference to the rich" [Leviticus 19:15]. "You shall neither side with mighty to do wrong nor shall you show deference to a poor man in his dispute" (Exodus 23:2-3). The many Jewish laws commanding the compassionate treatment of the poor (see, for example, chapters 12, 13, and 18), are applicable outside, but not inside, the courtroom. In a judicial setting, there must be one standard of justice for poor and rich alike. Thus, a judge should not reason to himself: "Since this man is poor and both I and this rich man are obliged to support him, I shall decide the case in his favor so that he will receive support in a clean [and non-embarrassing] manner" (Sifra on Leviticus 19:15). The Talmud holds up King David as a model of someone who showed both justice and charity. In the courtroom, he judged strictly on the basis of law, acquitting the innocent and condemning the guilty. But after pronouncing a ruling in which he sentenced a poor man to pay damages, he would help the man out of his own pocket, thereby fulfilling the demands of both justice and kindness, justice to the injured party by ensuring him that he received what was due him, and kindness to the poor man by enabling him to pay his debt (Sanhedrin 6b). (This Talmudic teaching is offered in explanation of the biblical verse: [King] David administered justice and kindness to all of his people" (II Samuel 8:15). TELVOL2 413
67. Being ethical does not always mean being impartial. Justice may be blind, but fairness may require taking account of someone's special situation. While the judge must be impartial and treat weak and strong alike according to the strict letter of the law, the individual is called upon to show a special forbearance toward the weak and the
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downtrodden, and to give them a special consideration. The commandment "Do not show favoritism in judgment; hear the small and the great alike" [Deuteronomy 1:17] applies in court of law, but in our private dealings a different standard applies: "If the [borrower] is poor, do not go to bed without returning his pledge;" [Deuteronomy 24:12]; "Do not distort the judgment of a stranger or an orphan; do not take a pledge from a widow;" [Deuteronomy 24:17]; "When you gather in your crop from the field and forget a sheaf in the field, do not go back to take it; let it be for the stranger, the widow, and the orphan." [Deuteronomy 24:19]. For while taking a pledge or taking every last sheaf is not improper in itself, we have to adopt a flexible attitude when dealing with the disadvantaged. MEIR 147
68. "He will minister judgment to the peoples with equity." Psalm 9:9. Justice, by its very definition, must treat all people with equal impartiality, rich and poor, powerful and humble. The Bible explicitly prohibits favoring the poor or giving preference to the rich [Leviticus 19:15]. Yet equality before the law does not always meet the ends of justice. The loss of a small financial claim will not significantly affect a rich person but it may destroy a man in need. Universality of law precludes the kind of flexibility which allows for wide judicial discretion. This renders the law helpless to prevent occasional miscarriages of justice. To remedy the situation, courts of equity came into existence in medieval England. Equity judges gave liberal interpretations to the letter of the law in order to arrive at equitable decisions. However, even courts of equity were bound by legal principles which did not permit judges to entirely ignore the letter of the law. The layman's interpretation of equity, as it is widely understood in modern times, is not constrained by technicalities, as was the case when equity was part of the national juridical system. In common parlance equity is synonymous with fairness. The determining factor of fairness is ethics, not law. The burden of equity is the responsibility of all individuals in every walk of life. The standard of behavior of equitable people must be measured on the scale of fairness rather than legality. BLOCH 113-4
69. However, a real understanding of the relationship between Halakhah and morality must begin with an awareness of what must be seen as a basic conflict between their fundamental principles. The Halakhah in its aspect of law and in regulating regulations between man and man is based upon the concept of justice and equality. It therefore stresses the notion of "What is mine is mine, and what is thine is thine." In its social aspects, it emphasizes negative rules or prohibitions because it assumes that individuals come endowed with life and possessions and rights. It therefore strives to prevent the proper order of society from being disturbed and the rights of individuals from being violated (This is perhaps why the moral rules in the Decalogue are primarily negative). The point of conflict with the broader concept of morality can be understood in the disparity between "Thou shalt not favor a poor man in judgment" and "Make right the poor and the indigent" [Exodus 23:3, Psalms 62, Chullin 134]. In considering a judgment between two individuals, the Halakhah requires that we ignore the fact that one is poor and the other rich and make every effort to decide the case with objectivity and
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in accordance with the general rules governing possessions or damages or rights or responsibilities. But what of our obligation to help the needy, to have compassion up on the poor, and to unselfishly give of ourselves and our fortunes in our love for others? The answer is that you may indeed voluntarily relinquish what is your own. In judgment, however, the judge may not be charitable with the money of others. The case must be decided on its merits (Ketubbot 84). The basic disparity between din (morality and its aspect of judgment) and morality as benevolence is reflected in an important Mishnah: "There are four attitudes among men: he who says, 'mine is mine and thine is thine,' is a median [middle-of-the-road] attitude, but others say it is the attitude of Sodom. He who says, 'mine is thine and thine is thine' is a Hasid…" (Avot 5:13). SPERO 185-6
70. R. Shimon b. Lakish said: (Psalms 82:3): "Grace the afflicted and the poor" -- What is the intent of "Grace"? If in a judgment, is it not written: "And a poor man do not favor in his quarrel"? The intent must be, then: "Be gracious with what is yours [in case of doubt as to whether it is yours or theirs] and give it to them (Chullin 134a). TEMIMAH-EXOD 216
71. Humility will occasion a sense of justice in all things. It will teach a man to be scrupulously honest in all he does and not to take any unfair advantage of the ignorance or trust of another. It will instill in him the determination to loathe any usurious transaction and abhor exploitation in business and all other kinds of fraudulent dealing. Few vices come more under the lash than the abuse of the confidence placed in us by a trusting fellow-man [Leviticus xix. 15, xxv. 14; Deut. xvi. 19; xxv. 16; Isa. xxxii. 7; Jer. xxii. 15; Zech. vii. 9-10; Hab. ii. 6-11; Prov. xxi. 21; xiv. 34; xxviii. 8; Job xxxi. 7; Ps. xv; Talmud: Sanhed. 25a; Kidd. 56b; Hull. 94a). To be impartial is only the passive side of justice and is not enough. Justice has an active side also; this is to right wrong and to vindicate the cause of the oppressed. Isaiah is fond of describing the justice of G-d side-by-side with His Holiness (xxvi.9) LEHRMAN 261
72. "in his quarrel" [i.e., in judgment] you do not incline, but you do incline [in favor of a poor man] in respect to leket, shikchah, and peah [i.e., If in doubt whether something in the province of these mitzvoth [i.e., gleanings and corners of the field, forgotten produce -- AJL] belongs to you or to him, decide in his favor] (Yerushalmi Peah 4:5). TEMIMAH-EXOD 218
73. But there are mercies which are worse than cruelty – such as being merciful to the wicked and strengthening them. There is a great stumbling block in elevating the wicked and supporting them, and putting down the good and rejecting them. About this the Torah writes [Deuteronomy 13:9]: "And do not pity him, and do not spare him, and do not cover up for him." One must also not pity the poor man in judgment, as it is written (Shemos 23:3): "Nor favor a poor man in his quarrel," that one not pervert judgment because of the poor man's hardship. And there is mercy which is like cruelty, such as giving charity to a poor man and afterwards pressuring him by saying: "I gave
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you so and so much. You ought to help me out and do whatever I ask of you." About this it is written (Mishlei 12:10): "And the mercies of the wicked are cruel." TZADIK 143-5
74. We shall note briefly [a] non-biblical passage [] to which the Rabbis on occasion refer in order to validate their legal rulings. The verse "That Thou mayest walk in the way of good men, and keep the paths of the righteous" (Proverbs 2:20) was obviously not intended to service as a legal maximum. Yet Rav based a decision upon it. The Talmud relates (Bava Metzia 83a) that wine caskets belonging to Rabbah Bar Bar Hana were broken while being handled by porters. The text is not clear whether it was in any way due to their negligence, but Rashi thus interprets it. Whereupon Rabbah took possession of their clothing. They complained to Rav and he ordered Rabbah to return it to them. Whereupon he said, "Is this the law?" And Rav answered, "Indeed it is, for does it not say, 'Walk in the ways of good men'?" Rabbah Bar Bar Hana thereupon returned the clothing. The porters then asked for pay, saying, "we have worked all day. We are hungry and have nothing." Rav ordered that they be paid. Again Rabbah Bar Bar Hana asked, "Is this the law?" And again Rav answered, "Indeed it is, for does it not say 'And keep the ways of the righteous'?" [Rashi interprets it to mean "act lifnim mishurat hadin," go beyond the requirements of the law.] Now by all definitions of law and legal procedure, what Rav did was illegal. If there ever was a clear-cut case of "uprooting" a law of the Bible this was it, for the Bible specifically states, "Neither shalt thou favor a poor man in his cause" [Exodus 23:3]. Rav does not defend his action by appealing to any legal dictum, such as hefker bet din hefker [court authority to expropriate property - AJL]. Instead he quotes an ethical maxim from Proverbs and insists that he is following the law. And his action remains unchallenged in the Talmud. GREENBERG 212
75. … a literal application of the law is often impossible and more often would result in an injustice ... [thus rejection of] the literal meaning of the Biblical text [may be required] so that the law may conform to the over-arching injunction of the Torah "Righteousness, righteousness shalt thou pursue" [Deuteronomy 16:20]. This seems, therefore, to be a perfect halakhic illustration of Dr. Max Kedushin's insightful observation that the fact that an ethical value is not specifically referred to in a given rabbinic passage is not to be interpreted to mean that it is not significantly embedded in the passage. Kadushin, Rabbinic Mind, pp. 51-2. Ethical values deeply rooted in the conscious and the subconscious of the people determine their actions and judgments even when not explicitly mentioned. GREENBERG 200-201
76. At beginning of Deuteronomy, Moses reviews the history of the Israelites' experience in the wilderness, beginning with the appointment of leaders throughout the people, heads of thousands, hundreds, fifties, and tens. He continues: [1:16-17]. Thus at the outset of the book in which he summarized the entire history of Israel and its destiny as a holy people, he already gave priority to the administration of justice, something he would memorably summarize in a later chapter (Deuteronomy 16:20) with the words, "Justice, justice, shall you pursue." The words for justice, tzedek and mishpat, are recurring themes of the book. The root TZ-D-K appears eighteen times in Deuteronomy;
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the root SH-F-T forty-eight times. Justice has seemed, throughout the generations, to lie at the beating heart of the Jewish faith. ... Three features mark Judaism as a distinctive faith. First is the radical idea that when G-d reveals Himself to humans He does so in the form of law. In the ancient world, G-d was power. In Judaism, G-d is order, and order presupposes law. In the natural world of cause-and-effect, order takes the form of scientific law. But in the human world, where we have free will, order takes the form of moral law.… Second, we are charged with being interpreters of the law. That is our responsibility as heirs and guardians of the Torah Shebe'al Peh, the Oral Tradition.… Third, fundamental to Judaism is education, and fundamental to education is instruction in Torah, that is, the law. ... To be a Jewish child is to be, in the British phrase, "learned in the law." We are a nation of constitutional lawyers. Why? Because Judaism is not just about spirituality. It is not simply a code for the salvation of the soul. It is a set of instructions for the creation of what the late Rabbi Aharon Liechtenstein called "societal beatitude." It is about bringing G-d into the shared spaces of our collective life. That needs law: law that represents justice, honouring all humans alike regardless of colour or class; law that judges impartially between rich and poor, powerful and powerless, even in extremis between humanity and G-d; law that links G- d, its giver, to us, its interpreters; law that alone allows freedom to coexist with order, so that my freedom is not bought at the cost of yours. Small wonder, then, that there are so many Jewish lawyers. SACKS 277-80
77. Scholars have noted that two different approaches, each virtually the opposite of the other, seem to have been employed by the midrash halakhah, the rabbinic method of exegesis, in interpreting the biblical laws (J.M. Guttmann, Bechinat Kiyyum ha-Mitzvot (Jerusalem: Makor, 1978), pp. 19-23). Sometimes what seems to be operating is a policy of contraction, limiting the law in question to the exact conditions specifically mentioned in the text and considering the slightest deviation from these conditions as sufficient to render the law inapplicable. On other occasions, the exegesis seems to be following a policy of expansion, extrapolating the law to similar situations and thereby broadening the area of its applicability beyond the specific terms of the biblical formulation. The observation has been made that the expansion approach seems to be used overwhelmingly in regards to laws grounded in the principle of kindness, justice, and peace, which we have suggested can be considered the essence of the Torah. Therefore, if one can assume that one has insight into the guiding principle behind the law, one can proceed to widen the scope of the law with confidence that one is still within the area intended. This roughly coincides with a group of laws dealing with matters bain adam le-chavero, "between man and his fellow man." Some examples of the method of expansion culled from this area follow. Concerning a "higher servant" who is "poor and needy" we are told, "in the same day thou shalt shall give him his hire." Yet in spite of the explicit reference to his being "poor and needy," the rabbis interpreted this to apply to any hired servant, be he rich or poor (Deuteronomy 24:15, Bava Metzia 111b). On the passage "Thou shall not take the widow's raiment to pledge," the interpretation was, "whether she is rich or poor" (Deuteronomy 24:17, Bava Metzia 115a). The prohibition "Thou shall not muzzle the ox when he treadeth out the corn"
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was understood to apply even when the ox was muzzled from before (Deuteronomy 25:4, Bava Metzia 90b). The injunction "No man shall take the mill or the upper millstone to pledge" was interpreted to apply to any object necessary to produce food (Deuteronomy 24:6, Bava Metzia 115a). The method of contraction, however, was utilized, it would seem, in regard to the ritual laws called chukkim or gezerot ha-katuv, whose rationale was not clear, or to laws that carried with them certain stated punishments. In regard to the former, the approach of the rabbis was to confine the law to the precise conditions mentioned in the text. Not understanding the underlying principles, the rabbis had little choice. Thus, the passage "You shall offer no strange incense thereon" whose intent is quite clear, was understood to mean that the individual person could not contribute any incense (Exodus 30:9, Menachot 3b). However, concerning the oil of anointment, the Torah said, "Upon the flesh of men it shall not be poured." The rabbis restricted this to "flesh of men," excluding animals, vessels, and the dead from the prohibition (Exodus 30:32, Keritot 6b). In regard to the redemption of the first-born, "All the first-born of thy sons [banekha] thou shalt redeem" was strictly interpreted as meaning sons but not daughters, although sometimes the word banim was understood to mean "children." (Exodus 34:20, Kiddushin 29a). Similarly, the biblical prohibition of combining meat and milk was interpreted as applying only derekh bishul, "if arrived at through cooking," in accordance with the wording of the passage: "Thou shall not seethe a kid in its mother's milk." (Exodus 23:19, Sanhedrin 4b) SPERO 52-3
III. BENEFIT OF THE DOUBT
78. If you see a man saying or doing something for which he may be judged either favorably or unfavorably--if he is a G-d-fearing man, you are obliged to judge him favorably in keeping with the truth, even if the indications are much more for an unfavorable than for a favorable judgment. And if he is in the middle range, generally keeping himself from sin, but sometimes stumbling into it, you should put aside the doubt and judge him favorably. Our Rabbis of blessed memory have said [Shabbos 127b]: "One who judges others on the scale of merit will be judged by the Almighty on the scale of merit." And this is a positive commandment of the Torah, as it is written [Exodus 22:21]: "In righteousness shall you judge your neighbor." And if the indications are for an unfavorable judgment, let the matter be doubtful in your eyes and do not judge him unfavorably. If most of the man's actions and words, however, are evil, and you know that there is no fear of the Exalted One in his heart, then an unfavorable judgment is to be placed upon his deeds and words. TZADIK 453
79. "In righteousness shall you judge your neighbor." This verse obligates us to give someone the benefit of the doubt when we see him performing an action that could be interpreted in his favor (Rambam, Sefer Hamitzvos, Positive Precept 177). If an average mitzvah observer does or says something and the chances of a favorable judgment and unfavorable judgment are equal, we must grant him a favorable judgment. If the person in question is a G-d fearing man, we must judge him favorably
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even if the unfavorable side outweighs the favorable one. If you assume that this person's action was improper and you relate it in that manner to others, besides violating the prohibition of loshon hora, you also violate this commandment. Often, a narrative may consist of entirely true facts, but because the action or words referred to were taken out of context, a completely distorted picture is conveyed. Also, many things are said or done in anger that under normal circumstances would not have been said or done. It is unfair to judge such incidents without taking the circumstances into consideration. PGYT 22
80. We are obligated to judge people favorably. This verse obligates us to give someone the benefit of the doubt when we see him performing an action that could be interpreted in his favor. (Rambam, Sefer Hamitzvos, Positive commandment 177; Chinuch 235). The Rambam lists five transgressions for which people who violate them do not usually repent. One of them is mistakenly suspecting an innocent person of doing wrong. One will usually justify his suspicion by saying, "I haven't sinned. What did I do to harm that person?" He doesn't realize that he commits a sin by considering an innocent person a transgressor. (Hilchos Tshuvah 3:4). Below are the basic laws of this commandment: 1) If you mistakenly suspect an innocent person of doing wrong, you are obligated to appease and bless him. (Brochos 31b). 2) We are always obligated to give a pious, G-d fearing person the benefit of the doubt. This is true not only when the chance of zchus (a favorable judgment) and chov (an unfavorable judgment) seem equal, but even when it appears most likely that his action was improper (Chofetz Chayim ch. 3 and Guard Your Tongue, pp. 49-50). Since he is always meticulously careful we should assume that in this instance also his behavior was proper under the circumstances. 3) We are obligated to give an average person the benefit of the doubt if the probability of zchus and chov seem equal. (ibid). 4) If the possibility of chov seems more likely than the possibility of zchus in the case of an average person, it is proper to leave the matter undecided in your mind. According to the letter of the law, however, you are permitted to assume the side of chov. (ibid). Even when you are permitted to judge someone unfavorably, you are forbidden to relate to matter to others for that would constitute loshon hora. (Chofetz Chayim 3:2; see Chofetz Chayim, chapters 4,5, and 10 for instances when it is permissible to relate derogatory information). 5) Even when the possibility of chov appears more likely, it is meritorious for you to give an average person the benefit of the doubt. (ibid., ch. 3). 6) We are not supposed to give a rosho the benefit of the doubt (Chofetz Chayim 4:77; Guard Your Tongue, p. 59). Since the person intentionally violates several offenses, we may assume that until he repents he will continue to do evil. The status of a rosho is not easily determined. A rosho is a person who persists in evil conduct in spite of all warnings and chastisements, but not many are capable of effectively chastising others. So while our judgment of a rosho must be an unfavorable one, we do not often find ourselves dealing with a genuine rosho (see Marganisa Tova, no. 17 and Jewish Observer, Feb. 1977). 7) If the person in question is a stranger and you do not know whether he is righteous or wicked, even though according to the letter of the law you are not obligated to judge him favorably, it is meritorious to do so nevertheless. (Chofetz
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Chayim, Positive Commandment 3, B'air Mayim Chayim). 8) Even when you must mentally judge people favorably, you still should be on your guard to protect yourself or someone else from a loss. (Sefer Habris, part 2, essay 13, ch. 14; Kuntros Mishpot Tzedek 2:11). 9) Although you must judge people favorably, when you are able to clarify the matter in order to correct the person if he has erred, it is proper to do so. (Shaloh; see Kuntros Mishpot Tzedek 2:12 and footnotes 19 and 20). If a community transgresses and nothing can be done to rectify the situation, you should find some merit for them. But whenever action can be taken to correct a wrong, we are obligated to take action. (Marganisa Tova, no. 9). 10) In one's prayers to G-d one should try to find merit for the Jewish people as a whole. (Marganisa Tova, no. 9). ... A person's taking note of other people's blemishes and faults prevents him from investigating his own shortcomings and defects -- a task more necessary, a duty more urgent. (Chovas Halvovos, Shaar Yichud Hamaaseh, ch.5). The Chazon Ish wrote that a person who reaches a high level of perfection in his character traits will master a seeming paradox: He will be sensitive to all of his own minor faults, but will overlook even the most obvious faults of others. (Emunah Ubetochon 1:11). PLYN 257-60
81. From here it is derived that one is obliged to give his neighbor the benefit of the doubt (Shevuoth 30a) TEMIMAH-LEV 326
82. If you observe someone who either says something or performs a particular deed, and his words or actions can be judged in either a negative or positive way -- if he is a G-d- fearing individual, you must judge him favorably, by way of the truth (I.e., even though the circumstantial evidence points toward guilt, since he is G-d-fearing, in truth he is probably innocent), even if the facts are closer and lean more toward his guilt. If he is within the norm, people who [on the whole] are careful not to sin, and yet sometimes falter, you must give him the benefit of the doubt and judge him favorably (Here Rabbeinu Yonah does not add, "by way of the truth."), as our Sages, z"l, said (Shabbos 127b), "Whoever judges his fellow man favorably, will [himself] be judged favorably by the Omnipresent." This is a positive commandment of the Torah, as the pasuk says [Leviticus 19:15], "You shall judge your fellowman justly." If the facts lean toward his guilt, you must treat it as you would any uncertainty – – do not tip the scales against him. But if the majority of his deeds are [geared] towards evil, or if you have checked that within his heart there is no fear of G-d, then [you must allow] his words and deeds [to] tip the scales against him, as the pasuk says (Mishlei 21;12), "A righteous person understands the house of the wicked; he construes the wicked towards evil." We have already explained this (Rabbeinu Yonah elaborates upon this verse in his commentaries to Mishlei (21:12) and Avos (1:6). GATES 419-21
83. Shlomo, a"h, also said (Mishlei 16:28), "a malcontent alienates a friend." [Rabbeinu Yonah understands "aloof" as "friend"; See Tehillim 14:14, with last explanation by Rashi]. This means that he alienates a beloved one and a friend, for they are not capable of enduring his company. Our Sages said (Derech Eretz Zutah 9), "Do not be overly critical lest you come to sin." Many times a malcontent is ungrateful [for the good he
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receives], and may even view it as bad, repaying evil for good – – and the pasuk says [Mishlei 17:13), "One who repays good with evil, evil will not depart from his house." Sometimes he regards the kindnesses of Hashem as revenge and retribution as the pasuk says [Deuteronomy 1:17], "You grumbled in your tents and said, 'Out of Hashem's hatred for us, He took us out.'" Therefore, distance yourself from the road of malcontents for they have warped their paths; all who walk in them do not know peace. [Yeshayahu 59:8]. Train your tongue to give [others] the benefit of the doubt, and let righteousness gird your loins. [Yeshayahu 11:5]. GATES 447
84. .. In line with the biblical law "In justice shall you judge your fellow" [Leviticus 19:15], we should force ourselves to construct one or two positive scenarios that can account for why the person acted as he did. If we recall the person's good deeds and try to put a more positive "spin" on why he has now acted inappropriately, we might choose not to break off a relationship over a relatively insignificant issue. TELVOL1 266
85. Gossips also violate [Leviticus 19:15]. Jewish tradition understands this law as requiring us to judge others fairly, and to incline toward the more favorable assessment of their behavior when two views are possible. Yet those who speak lashon hara tend to attribute bad or selfish motives to those they are talking about (for a more comprehensive discussion of judging others fairly, see chapters five and six [of this volume]). TELVOL1 335
86. Greater is Torah than the cohen's realm and than royalty: for royalty is acquired with thirty attainments, and the cohen's realm with twenty-four, while the Torah is acquired by forty-eight things. And they are: [38] judges him favorably. Pirkei Avot, Perek VI, mishnah 6. In its literal meaning, the Hebrew refers to the image of the scales of justice, with its two pans evenly balanced, one on either side. When someone is to be judged for something he has done, we imagine that every possible accusation against him is put on one pan, and every element in his favor on the other pan; then we see which pan goes lower, indicating it is heavier – – and accordingly we declare the person innocent or guilty, good or bad. Now suppose you have seen a neighbor doing something which, from one point of view is a misdeed, but in another respect may be a good act. In the figurative scales of justice that measure the deed, says our text, the scholar of Torah will see that pan bending lower which declares his neighbor innocent and worthy. "For him he makes the pan of merit weigh the more." He gives his fellow, fully and readily, the benefit of the doubt (in keeping with the teaching of R. Joshua b. P'rahyah in the first perek, mishnah 6). In fact, Scripture admonishes, "with righteousness shall you judge your neighbor"--which the Sages understand in this very sense. [Leviticus 19:15, Midrash Sifra ad loc. T.B. Shebu'oth 30a). SINAI3 354-5
87. Q: Some businesses in my area are run on a "Cash-only" basis. Can I patronize these businesses, or is this encouraging tax evasion? A: There are three possible answers to your question: 1) It's fine; paying taxes is the proprietor's responsibility, not yours. 2) It's all right to patronize these businesses but demand a receipt so that you are not
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encouraging deceit. 3) You should boycott dishonest businesses. Which answer is correct? All three. It depends on the exact situation. Jewish law distinguishes three levels of cooperation with wrongdoing and prohibits anything that would abet wrongdoing. The three levels, in decreasing order of gravity, are: 1) Enabling a transgression. If the transgression could not take place without your participation, you are enabling the wrongdoing to take place. This is categorically forbidden by the biblical injunction, "Do not place a stumbling block before the blind." (Leviticus 19:14). Our tradition explains that this refers primarily to a spiritual stumbling block, which causes someone to transgress. 2) Abetting a transgression. This means that you take an active role in the unethical activity, but if you didn't do it, someone else would. 3) Condoning a transgression. Normally, we are obligated to protest wrongdoing. Whenever we remain silent and even benefit from it, we may seem to be condoning it. The ethical status of condoning depends on the degree of identification we show with our participation as well as our ability to make an effective protest; these factors vary according to the situation. In short, Jewish tradition urges us to exercise moral leadership and take responsibility for the moral progress of the world. This means that we cannot shirk responsibility when our actions encourage wrongdoing. But we should not jump to the conclusion that we should immediately boycott or even turn in the suspected tax evader. An equally important principle of Jewish tradition is that we should give others the benefit of the doubt, as the very next verse tells us, "Judge your neighbor favorably." (Leviticus 19:15) And certainly it is not a mitzvah to be a busybody. Therefore, Jewish law states that even if someone may seem to be involved in wrongdoing, we do not have to scrutinize his or her activities if a favorable interpretation is reasonable, even if it is less than probable. ... Thus, if the cash basis of the business has a reasonable explanation besides tax evasion, we do not need to scrutinize the proprietor's motivations.… However, if a permissible explanation is quite improbable, or if the seller admits right out that he is trying to evade taxes, then we must avoid helping. In this case, explain that you will be able to patronize the business only if you can obtain a proper receipt. In some cases it would be necessary to avoid the business altogether. This is because of an additional problem called marit ayin, or giving the appearance of wrongdoing. If the business in question is well known as one that evades taxes and others can easily see that you are patronizing the business but do not know that you are demanding a receipt, then you could be giving the impression of abetting the seller's subterfuge. In this case it would be proper to find a way to publicize your insistence on a receipt, or to avoid the place of business altogether. MEIR 33-5
IV. ONE LAW FOR ALL
88. One of the bases of prejudice is the belief that not all people should be equal before the law. In Judaism, that is not so. Although different groups of Jews have different roles to play in Judaism (such as a Kohen [priest], a Levite, and Israelite), every Jew is equal under the law. The Torah [Leviticus 24:22, Numbers 15:16] stresses only one law, which applies equally to everyone, as explained in the Talmud (Ketuvot 33a). Thus, there is no discrimination in Judaism by class or social strata. Even the elite have no special
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privileges under the law of Torah. This is emphasized by the special commandment for the Jewish king to write a second Torah scroll (every Jew is commanded to write one) (Deuteronomy 17:18 – 20) in order to remind him that despite special powers granted to the Jewish king, he is still subject to Torah law like every other Jew. Unlike today's society and all societies of the past, there is no privilege for the Jewish rulers such as the presidential privilege, powers of pardon by leaders, and diplomatic immunity to all foreign diplomats. All Jews, no matter how powerful or weak politically, are bound by the same set of laws. AMEMEI 221
89. The most frequently mentioned non-Israelite is the ger or "stranger," the non-Israelite resident of the land who appears mostly in the guise of the landless poor. According to the Torah, some may have left Egypt alongside Israel (Exodus 12:38, Numbers 11:4), but a more likely source is those who inhabited the land of Canaan before Israel's conquest and settlement (Joshua 9, 1 Kings 9:20–21). For reasons of religious purity, Deuteronomy demands their extermination (7:1-4, 20:16-18). At the same time, much legal rhetoric is aimed at their protection. [Leviticus 19:33-34]. Admonitions against abusing the ger are found four more times in the Torah (Exodus 22:20, 23:9, Deuteronomy 10:18–19, 24:17). Israel's G-d is praised as "the guardian of strangers" (Psalm 146:9). They are mentioned as one of the recipients of compassionate giving, along with the poor, the widow, and the fatherless (Leviticus 19:10, 23:22, Deuteronomy 14:29, 16:11, 14, etc.). The Israelite is required to afford them Sabbath rest (Exodus 20:10, 23:12). The stranger was afforded equal protection by Israel's laws regarding homicide and assault (Leviticus 24:22, Numbers 35:15), and he was obligated by all the same prohibitive or negative commandments as the Israelites, for violation of these endangered the purity of the land of Israel. For example, the ger was also required to obey the restrictions in Leviticus 18 regarding illicit sex because these "abominations" polluted the land of Israel no matter who was the perpetrator (Leviticus 18:26). However, he was not obligated to observe positive or performance commandments such as dwelling in booths during Sukkot (Leviticus 23:42). (Jacob Milgrom, The JPS Torah Commentary: Numbers (Philadelphia: The Jewish Publication Society, 1989), pp. 398-402). The ger, therefore, belongs to a distinct legal category in Israelite law: he is generally subject to the same laws as the Israelite but not required to perform the same religious duties. [The rabbis of the Roman era identify the ger with the convert to Judaism because of the Torah's requirement that he observe many of the same laws as Israelites do.] At the same time, the Israelites is commanded to treat him according to the highest ethical standards, to "love him as yourself" [Leviticus 19:34]. OXFORD 46-7
90. Biblical laws that mandate that strangers be treated justly are a characteristic and recurring feature of Torah legislation: [Exodus 22:20], and later "… Hear out your fellow man and decide justly between any man and a fellow Israelite or a stranger" Deuteronomy 1:16, and the previously cited, "The stranger who resides with you shall be as one of your citizens…" Leviticus 19:34. Throughout history, strangers in societies all over the world often have been denied basic rights and discriminated against. In
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contrast, the Torah insists "There shall be one law for you and for the stranger who lives among you" Exodus 12:49, see also Numbers 15:15. To this day, the ancient physical injunction represents the cornerstone of a just society. TELVOL2 268
91. The Torah, indeed, draws the implication of the teaching that all men are created in the image of G-d. False and irrelevant distinctions must not be introduced to disqualify human beings from their right to justice. For if man is made in the image G-d, if he is the creation G-d, then every human being is included and the entire significance of the one man is extended to embrace every man. Said Rabbi Akiva, "Beloved is man, for he was created in the image [of G-d]." (Avot 3:18). Every man is fellow man to every other man, or is "thy brother." The fatherhood of the one G-d implies the brotherhood of all men, which generates the concept of universal morality. It has been suggested that the well- known passage in Leviticus, usually translated "thou shalt love thy neighbor as thyself, I am the Lord," [Leviticus 19:18] should be interpreted, "Love thy neighbor; he is as thou [kamokah]," and in that "as thou" lies the full meaning of the commandment. The identification of justice with G-d projects G-d's infinity and absoluteness onto the concept of justice, removing it from the category of subjective reality and relativity. (See Psalms 89:5; 97:2, Genesis 18:19 and Jeremiah 23:5). Justice applies to all. No man qua man is more than any other. The Torah, therefore, rejects double codes of morality--for yourself and for others, for the great and for the humble, for rulers and for the ruled, for individuals and for nations, for private life and for public life. "One law and one ordinance shall be both for you and for the stranger that sojourneth with you" (Numbers 15:16). The underprivileged and the defenderless in society are singled out in the Torah for special attention. "Ye shall not afflict any widow or fatherless child…" [Exodus 22:21]. Sensitive to the fact that justice requires equality and rejects all favoritism, the Torah warns us not to let our desire to help the poor lead us into a situation of reverse discrimination where we do an injustice to others: "Neither shalt thou countenance a poor man in his cause" and "thou shall not respect the person of the poor nor harm the person of the great" (Exodus 23:3 and Leviticus 19:15). SPERO 125-6
V. PURSUE JUSTICE
92. More than a slogan, "Justice, justice you shall pursue" [Deuteronomy 16:20] is the overall guiding principle for Jewish ethics. On an individual level we are charged to go beyond simply being just; we must also be compassionate, going lifnim meshurat hadin, beyond the strict "letter of the law." An example is given in the Talmud of workers who broke a barrel of wine. Even though by halakhah the workers could have had their wages docked, they complained: "We are poor, and if you withhold our wages, we cannot eat." When the business owner consulted his rabbi, he was told, "Go and pay them [their full wages]. The owner asked, "Is that the law?" "It is indeed," the rabbi continued "[for we are enjoined to] Keep the path of the righteous." (B. Bava Batra 83a. The biblical verse is cited in Proverbs 2:20). The Jewish tradition thus envisions a world where in business as in all other areas of life, we act lifnim meshurat hadin, beyond the
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strict letter of the law, to create a world of peace, harmony, and compassion. OXFORD 380
93. Judaism, as will be shown through numerous sources, places caring about others and acting benevolently towards other people as the absolute highest priority of the religion. From Scripture to the Talmud to the Midrash and beyond, the value of behaving ethically towards other human beings describes the essence of being Jewish. For example, when declaring which one principle epitomizes Judaism, Rabbi Akiva states it is the verse, known to many: "You shall love your neighbor as yourself" (Jerusalem Talmud, Nedarim 30b). He mentions nothing about G-d, beliefs, or man-to-G-d Mitzvot- commandments in describing the essence of Judaism. Rather, only good behavior towards one's fellow man. In a similar vein, Hillel was forced to encapsulate all of Judaism to the potential convert standing on one foot. Hillel stated essentially the same thing as Rabbi Akiva, except he couched the idea in a more negative but practical manner: "Do not do to your neighbor what you would not want to have done do you (Shabbat 31a). He continues and says that all the rest of Judaism is only commentary based upon this one essential principle and that the convert should now go learn all of Torah. The Torah itself also emphasizes this concept. It tells us not merely to attain it, but to run after and pursue righteousness (sometimes mistranslated as "justice") [Deuteronomy 16:20]. This is commonly understood to signify that each Jew should ensure that he or she should do the right thing in every situation, i.e., specifically between man and his fellow man. The Torah emphasizes the importance of this notion in the verse in two different ways: it repeats the word "righteousness" twice and it also tells us to run after this concept. In no other place in the Torah (and only in one place in Psalms, about pursuing peace) does G-d use the term "run after it" concerning any other Mitzvah-commandment. Jews are not commanded to run after keeping Kosher or run after eating Matzo on Passover. Only with regard to treating others in the right manner must one actively pursue this goal. The prophet Micah also informs us exactly what G-d wants from each Jew: to do justice and kindness as one walks modestly with G-d. According to the commentaries, this refers only to the commandments that pertain to our goodness and how well we treat our fellow man (Micah 6:8 with Ibn Ezra commentary). AMJV 154
94. Biblical Commandments are to be observed whenever the opportunity presents itself. Thus, when an elderly person walks by, we are expected to rise (Leviticus 19:32), but we are not required to go in search of old people to show respect. However, the commandment to practice justice is different: (Justice, justice, you shall pursue” [Deuteronomy 16:20) ordains the Torah. “Pursue” suggest that not only are we obligated to act justly when we can, but we must also seek ways to ensure that justice prevails (such as if we hear of someone who has been unjustly treated and are – or might be – in a position to help). TELVOL2 402
95. Something of this quality of meddlesomeness inheres in the commandments regarding justice and peace. Most commandments of the Torah are to be fulfilled when the
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occasion naturally arises for their fulfillment. Righteousness and peace, however, are to be "pursued," that is, one is not to wait until the opportunity to do righteousness and to establish peace comes to him. "Righteousness, righteousness shall Thou pursue" [Deuteronomy 16:20]. "Turn from evil and do good. Seek peace and pursue it" (Psalm 34:15). And Job says, "I was a father to the needy; and the cause of him that I knew not I searched out" (Job 20:16). GREENBERG 75
96. As for the meaning of the word moral or ethical, it has often been quite distorted. For instance, when asked to define an ethical person, one's response will often be "a person who does not hurt anyone else." This definition, however, is far from the Jewish one. A person whose good conduct consists only of not hurting anyone is not a criminal, but is not necessarily an ethical person. To be an ethical person as Judaism understands it is to be a person who actively pursues the good in life. To cite a few examples: It is not adequate to simply refrain from hurting other people. One must get involved when one sees a wrong being committed. The Torah says, "Do not stand by on the blood of your neighbor" [Leviticus 19:16]. Similarly, it is not enough to merely refrain from doing unjust things. To be a good and ethical person, one must actively seek out and try to correct a wrong done by another: "Justice, justice, shall you pursue" [Deuteronomy 16:20], and "you shall burn the evil from out of your midst" [Deuteronomy 17:7]. In short, being and behaving in an ethical way means to act and respond positively to anything that is wrong in the world. As Dennis Prager and Joseph Telushkin once succinctly put it: "The entire Bible may be understood as a positive response to the question which Cain posed after murdering his brother Abel: 'Am I my brother's keeper?'" ISAACS 6-7
97. And he must be zealous to seek peace and pursue it, as it is written [Tehillim 34:15): "Seek peace and pursue it." And he must be zealous in seeking out knowledge of Torah and of the Blessed Creator, as it is written (Hoshea 6:3): "And we will know, we will run to know Hashem." And so have our Sages said (Avos 4:13): "Exile yourself to a place of Torah." And one must be zealous in seeking righteousness, as it is written [Deuteronomy 16:20]: "Righteousness, righteousness shall you pursue," and (Yeshayahu 51:1): "Listen to me, pursuers of righteousness, seekers of Hashem." And one must be zealous to transcribe books that he must study from; or, if he sees or hears a new interpretation, he must be zealous to write it down and not wait until he forgets it. TZADIK 291
98. In Hebrew, the word for charity is tzedaka. But "charity" is not a fully accurate translation of tzedaka. "Charity" derives from the Latin caritas and suggests a donation made out of affection or love. In contrast, tzedaka derives from the word tzedek, which means "justice" (see, for example, [Deuteronomy 16:20]). Judaism regards someone who gives tzedaka as acting justly, and one who does not as acting unjustly. Thus, in communities ruled according to Jewish law, as was common in the medieval world, communal leaders, believing that they had the right to stop people from acting unjustly,
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could and did require people to give tzedaka, just as governments compel citizens to pay taxes. TELVOL2 156-7
99. It should be noted that there is a fine line between the concept of "justice," which is always advisable and legitimate, and one who seeks "revenge," which always has negative connotations and is forbidden. Almost everyone who seeks revenge would not call it revenge, but "justice" carried out in order to correct how that person has been wronged. And seeking justice is certainly a Mitzvah (Deuteronomy 16:20]. Because of this rationalization that will become the mantra of anyone seeking revenge, that may be part of the reason why the Torah prohibited this sin altogether. AMJV 279
100. Knowing how to act appropriately is often not a simple matter, and can require a lifetime of study. [American President Lyndon Johnson once said, "a president's hardest task is not to do what is right, but to know what is right."] For example, it is not enough to know that the Bible commands, "Justice, justice shall you pursue" [Deuteronomy 16:20]; we also need to study and deduce in every situation what constitutes acting justly. Having good intentions is not enough. For example, Immanuel Kant, perhaps the most esteemed philosopher of the past three centuries, argued, on moral grounds, that it was forbidden to lie to a murderer who asked where his intended victim had gone (see page 423). Hillel's principle dictates otherwise. If you would find it unconscionable for someone to answer a murderer truthfully as to your whereabouts, then assume that others (perhaps with the exception of Kant) would agree. Therefore, in such a situation, tell a lie (see pages 424 –– 427). That Hillel intended his summary of Judaism's essence to be taken literally is reflected in the fact that, when the non-Jew accepted this teaching as valid, Hillel converted him. [While there is no indication in the Talmud that the non-Jew committed himself to observing Judaism's ritual laws, talmudic commentators insist that Hillel, a man of unusual perspicacity, was confident that the man would become a fully observant Jew. Nevertheless, this story suggests that the teaching of Judaism to potential converts should focus disproportionately, though not exclusively, on Judaism's ethical teachings.] TELVOL1 11
101. This teaches us that it is a mitzvah for a beth-din [i.e., court - AJL] to seek out defenses for the accused in capital cases (Yerushalmi Sanhedrin 5:2) TEMIMAH-DEUT 148
102. Witnesses in court testify under oath and in G-d's name ("so help me G-d"), or affirm, with the understanding that they are doing so in G-d's Name, that they are telling the truth (Obviously, atheists do not swear or affirm in G-d's Name, but they are a very small percentage of the population.) Therefore, lies told in court constitute a Chillul Hashem ("profanation of G-d's Name), since they associate G-d with a lie: "And don't take an oath, then lie in My Name and profane the Name of your Lord" (Leviticus 19:12; the prohibition against bearing false testimony is also one of the Ten Commandments; Exodus 20:13). [(Because of the profanation of G-d's Name, the Bible regards perjury as among the worst of crimes and, in writing of the punishment inflicted
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on perjurers, appends, "And you shall wipe out the evil from your midst" (Deuteronomy 19:19)]. Furthermore, since justice is so important a commandment (the Torah ordains, "Justice, Justice you shall pursue"; Deuteronomy 16:20), thwarting justice undermines a society. It is bad enough that a society contains criminals and corrupt individuals. If, however, the justice system itself is corrupt, then there is no hope for the society to improve itself. Therefore, lying under oath undermines a society's hope of being, or becoming, just. TELVOL 1 420
103. “Fearful and faint-hearted" men were among those who were exempted from serving in the army. In the opinion of one rabbi, the "fearfulness" was not based on cowardice but rather on an awareness of one's sinful life. (Deuteronomy, Sifre 112). This insightful comment reflects a true appreciation of the real intent of the Pentateuch, the exclusion of the rowdy element which is likely to lower the moral standard of an army. This aim was clearly spelled out in [Deuteronomy 16:20].
- End of Excerpts -
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SOURCES KEY
AGTJL David A. Teutsch, A Guide to Jewish Practice: Everyday Living (Reconstructionist Rabbinical College Press) AGUS Jacob B. Agus, The Vision and the Way: An Interpretation of Jewish Ethics (Ungar) AHAVCH Chafetz Chayim, Ahavath Chesed: The Laws of Charity and Loving Kindness (Feldheim) AMEMEI Amsel Nachum, The Jewish Encyclopedia of Moral and Ethical Issues (Aronson) AMJV Amsel Nachum, Encyclopedia of Jewish Values (Urim) BANAL David R. Blumenthal, The Banality of the Good and Evil (Georgetown U. Press) BLIDSTEIN Gerald Blidstein, Honor Thy Father and Thy Mother: Filial Responsibility in Jewish Law (KTAV) BLOCH Abraham P. Bloch, A Book of Jewish Ethical Concepts: Biblical and Postbiblical (KTAV) BOROJMV Eugene Borowitz and Frances Weinman Schwartz, The Jewish Moral Values (JPS) BOTEACH Shmuley Boteach, Judaism for Everyone: Renewing Your Life Through the Vibrant Lessons of the Jewish Faith (Basic) BUILD Kaminetsky (Ed.), Building Jewish Ethical Character (Fryer) CASE Aaron Levine, Case Studies in Jewish Business Ethics (KTAV) CASTLE Dovid Castle, To Live Among Friends (Feldheim) CCCBM Chafetz Chayim, Concise Book of Mitzvoth (Feldheim) CHINUCH Asher Wasserman, The Concise Sefer HaChinuch (Feldheim) CORDOVERO Moses Cordovero (Louis Jacobs, Tr.), The Palm Tree of Deborah (Sepher-Hermon Press) COHON Samuel S. Cohon, Judaism: A Way of Life (Schocken) DERECH A. Cohen, Tr., Derek Erez Rabbah in The Minor Tractates of the Talmud (Mas. Ket.) (Soncino) DORFFBOD Elliot N. Dorff and Louis E. Newman, Jewish Choices, Jewish Voices: Body (JPS) DORFFLOV Elliot N. Dorff, Love Your Neighbor and Yourself (JPS) DORFFLPG Elliot N. Dorff, For the Love of G-d and People: A Philosophy of Jewish Law (JPS) DORFFDRAG Elliot N. Dorff, To Do the Right and the Good (JPS) DORFF-RUT- TENBERGSEX Elliot N. Dorff and Danya Ruttenberg, Jewish Choices, Jewish Voices: Sex (JPS) DORFF-RUT- TENBERGSOC Elliot N. Dorff and Danya Ruttenberg, Jewish Choices, Jewish Voices: Social Justice (JPS) DORFF-RUT- TENBERGWAR Elliot N. Dorff and Danya Ruttenberg, Jewish Choices, Jewish Voices: War and National Security (JPS) DORFWITO Elliot N. Dorff, The Way Into Tikkun Olam (Jewish Lights) DUTIES Rabbi Bachya ibn Paquda, Duties of the Heart (Vol1&2) (Feldheim) EHRMAN Ahorom Ehrman, The Laws of Interpersonal Relationships (Mesorah) ETHRESP Walter S. Wurzberger, Ethics of Responsibility: Pluralistic Approaches to Covenantal Ethics (JPS)
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EWM Raymond L. Weiss, Ed., Ethical Writings of Maimonides (Dover) EYES Yom Tov Schwartz, Eyes to See: Recovering Ethical Torah Principles Lost in the Holocaust (Urim) FENDEL Zechariah Fendel, The Ethical Personality (Zechariah Fendel) FOJE Simon Bernfeld, The Foundations of Jewish Ethics (KTAV) FOXMJE Marvin Fox, Ed., Modern Jewish Ethics (Ohio State Press) FREUND Richard A. Freund, Understanding Jewish Ethics (EMTexts) GATES Rabbeinu Yonah of Gerona, The Gates of Repentance (Feldheim) GOODSOC Norman Lamm, The Good Society (B'nai Brith Commission on Adult Jewish Ed) GORLAW Robert Gordis, Jewish Ethics in a Lawless World (JTS) GREENBERG Simon Greenberg, The Ethical in the Jewish and American Heritage (JTS) HIRSH Norman D. Hirsh, Ethics and Human Relationships (Carlton Press) HTBAJ Byron L. Sherwin, Seymour J. Cohen, How to be a Jew (Aronson) HURWITZ Peter Joel Hurwitz, Jewish Ethics and the Care of End-of-Life Patients (KTAV) ISAACS Ronald H. Isaacs, The Jewish Book of Etiquette (Aronson) JHRHV Lenn E. Goodman, Judaism, Human Rights, and Human Values (Princeton) KELLNER Menachem Marc Kellner, Ed., Contemporary Jewish Ethics (Sanhedrin Press) [This a collection of essays by various authors] LEHRMAN S.M.Lehrman, Jewish Design for Living (Shengold) LOC Joseph Edelheit, The Life of Covenant: The Challenge of Contemporary Judaism (Spertus College) MEIR Asher Meir, The Jewish Ethicist: Everyday Ethics for Business and Life (KTAV) MORINIS Alan Morinis, Everyday Holiness: The Path of Musar (Trumpeter) NIDITCH Susan Niditch, War in the Hebrew Bible: A Study in the Ethics of Violence (Oxford) OHRYIS Zvi Miller, Tr., Yisrael Salanter, Ohr Yisrael: The Classic Writings (Feldheim) OXFORD Elliot Dorff, Jonathan Crane, Eds., The Oxford Handbook of Jewish Ethics and Morality (Oxford) [This a collection of essays by various authors] PASTIMP Louis E. Newman, Past Imperatives: Studies in History and Theory of Jewish Ethics (SUNY Press) PATH Moshe Chaim Luzzatto, Path of the Just (Feldheim) PGYT Zelig Pliskin, Guard Your Tongue (Bnay Yakov) PLYN Zelig Pliskin, Love Your Neighbor (Aish HaTorah) REFJEW Eugene Borowitz, Reform Jewish Ethics and the Halakhah (Berhman) ROSNER Fred Rosner and J. David Bleich, Jewish Bioethics (Sanhedrin Press) SACKS Jonathan Sacks, Essay on Ethics (Maggid & The Orthodox Union) SACTAB Mary L. Zamore, Ed., The Sacred Table: Creating a Jewish Food Ethic (CCAR) SEFER Aryeh Diana, Tr. Sefer Chofetz Chaim (Israel Bookshop) SHER20C Byron Sherwin, Jewish Ethics for the Twenty-First Century (Syracuse University) SINAI1-3 Irving M. Bunim, Ethics from Sinai (3 vols.) (Feldheim) SPERO Shubert Spero, Morality, Halakha and the Jewish Tradition (KTAV) TAMARI Meir Tamari, With All Your Possessions: Jewish Ethics and Economic Life (Free Press) TELVOL1 Joseph Telushkin, A Code of Jewish Ethics: You Shall Be Holy (Vol 1) (Bell Tower)
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TELVOL2 Joseph Telushkin, A Code of Jewish Ethics: Love Your Neighbor (Vol 2) (Bell Tower) TEMIMAH- GEN-DEUT Boruch Halevi Epstein (Shraga Silverstein, Tr.), The Essential Torah Temimah (Five Volumes) (Feldheim) TEUTSCHOE David Teutscheo, Organizational Ethics and Economic Justice (Recon. Rabbinical College Press) TZADIK (Anonymous; Shagra Silverstein, Tr.), The Ways of the Tzaddikim (Feldheim) VORSPN Albert Vorspan, E. Lipman, Jewish Values & Social Crisis: A Casebook for Social Action (UAHC) WAGS Shaul Wagschal, Derech Eretz (Judaica Press) WESOR Robert Gibbs, Why Ethics? Signs of Responsibility (Princeton)
For copyright information regarding the use of these sources, please see: https://mussaria.org/A-Word-About-Copyright
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GLOSSARY (Transliterated spellings often vary)
A”H “Alav HaShalom”; May Peace Be Upon Him Arachin (Arakin/Erchin) “Vows of valuation”; A tractate of Talmud Avot (Avos) “Pirkei Avot”; “Ethics of the Fathers” (A tractate of Mishnah) Bamidbar “In the Wilderness”; Book of Numbers Bava (Baba) Basra/Batra “The Final Gate”; A tractate of Talmud Bava (Baba) Kamma “The First Gate”; A tractate of Talmud Bava (Baba) Metzia “The Middle Gate”; A tractate of Talmud Bavli See Talmud Beitzah “Roasted egg”; A tractate of Talmud Bereshis/t “When (He) began; In the Beginning”; Book of Genesis Chazal “Our Sages, May Their Memories be a Blessing” Chinuch (Hinnukh) “Sefer HaChinnuch (Book of Education)”, an exposition of the Torah's 613 commandments, 13th century; authorship disputed Choshen Mishpat “Breastplate of Judgment,” A volume of the Shulchan Aruch Derech Eretz “Proper Conduct” (literally, “the way of the land”) D’varim (Devarim) “Words/Things”; Book of Deuteronomy Erchin See Arachin Even Ha’ezer “The Rock of the Helpmate,” A volume of the Shulchan Aruch Gittin “Bills of divorce”; A tractate of Talmud Halachah Jewish law and jurisprudence Hashem “The Name”; G-d Hilchot xxx Chapters of Maimonides’ Legal Treatise, Mishneh Torah Hillul (Chillul) Hashem “Desecration of G-d’s Name”; an immoral action Iyov “Persecuted; object of hostilities”; (Book of) Job Ketubbot (Ksubos) “Marriage contracts”; A tractate of Talmud Kiddush Hashem “Sanctification of G-d Name,” Performance of a moral action Kiddushin (Kiddoshim) “Holy things/Sanctifications/ (Betrothals”); A tractate of Talmud Koheles/t “Assembler of an audience to listen”; Book of Ecclesiastes Lashon (Loshon) Hara “Evil Tongue” (Speech) Midrash Rabbinic interpretation, esp. 6th-12th centuries C.E. or earlier Mechilta Book of Midrash Halachah on Exodus, Rabbi Ishmael, d. 2nd cen. Mishlei Book of Proverbs Mishnah Compendium of Jewish Oral law and tradition, circa 200 C.E. Mishneh Torah “Torah Repetition”; (Often abbr. “M.T.”) See Hilchot xxx Mitzvah (pl. mitzvot) Commandment (often mistranslated as “good deed”) Mussar Ethics Nedorim (Nedarim) “Vows”; A tractate of Talmud Olam Haba “The World to Come,” (life after death, i.e., the afterlife) Orach Chayim “Way of Life,” A volume of the Shulchan Aruch Pasuk (pl. pesukim) Biblical verse
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Perek Chapter Pesachim “Passover”; A tractate of Talmud Pirkei Avot See Avot Rabbah See Midrash Rambam Maimonides (Rabbi Moses ben Maimon), d. 1204 Ramban Nachmanides (Rabbeinu Moshe ben Nachman), d. 1270 Rashi Rabbi Shlomo ben Yitzhaki, d. 1105 Rav “Rabbi” [Judah HaNasi (the Prince)], Mishnah redactor) d. 217 Rechilut Type of gossip; telling “A” what “B” said about “A” Sanhedrin “Rabbinic leadership assembly”; A tractate of Talmud Schulhan Aruch “Set table”; Leading code of Jewish law, Joseph Caro, 1565 Shabbat “The Sabbath;” A tractate of Talmud Shema “Hear” or “Listen”; Foundational Jewish prayer; Deuteronomy 6:5 Shemot “Names;” Book of Exodus Shoftim Book of Judges Sifra Book of Midrash Halachah on Leviticus Sifre (Sifrei) Book of Midrash Halachah on Numbers and Deuteronomy Sotah “Wayward wife”; A tractate of Talmud Talmud Mishnah and extensive commentary. Babylonian ed. (“Bavli” aka “T.B.”), c. 600 C.E., unless Palestinian (“Yerushalmi”/Jerusalem/ “T.Y.” or “J.T.”) ed., c. 400 C.E., indicated. Tamid “Always”; A tractate of Talmud dealing with Temple service Tanakh Hebrew Bible (Torah, Prophets, Writings) Tanhuma (Tanchuma) Collection of diverse Midrash Tehillim Book of Psalms Teshuvah Repentance Torah Pentateuch; First Five Books of the Hebrew Bible Tosofot (Tosafot) French Talmudists who included Rashi’s grandchildren Tzedakah Alms/Charity (literally, justice/righteousness) Vayikra Book of Leviticus Yebamot “Levirate marriages”; A tractate of Talmud Yehezkel (Yechezkel) “G-d will strengthen”; (Book of) Ezekiel Yehoshua “G-d will deliver”; (Book of) Joshua Yerushalmi See Talmud Yeshaʿyahu “G-d is salvation”; (Book of) Isaiah Yetzer Hara Bad Inclination Yetzer Hatov Good Inclination Yirmeyahu “G-d will raise up”; (Book of) Jeremiah Yoma “The Day” (Yom Kippur); A tractate of Talmud Yonah “Dove”; (Book of) Jonah Yoreh De’ah (Y.D.) “It teaches understanding,” A volume of the Shulchan Aruch Z”L “zichrono/am l’ivrahah”; May his/their memory/ies be a blessing
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PRINCIPAL VERSE - EBOOKLET INDEX
Torah Verse eBooklet Torah Verse eBooklet Genesis 1:26-28 2 Leviticus 19:15 23 Genesis 1:29 25 Leviticus 19:16 4 Genesis 1:31 24 Leviticus 19:17 7 Genesis 2:7 27 Leviticus 19:18 1 Genesis 2:15 29 Leviticus 20:24-26 18 Genesis 2:18 13 Leviticus 20:26 21 Genesis 2:22-24 13 Leviticus 24:22 23 Genesis 4:6-10 5 Leviticus 25:14, 17 20 Genesis 6:5 19 Leviticus 25:35 30 Genesis 8:21 19 Leviticus 25:36-7 28 Genesis 9:5-6 15 Numbers 15:39 9 Genesis 18:19 11 Deuteronomy 1:16-17 23 Exodus 15:26 26 Deuteronomy 4:9 15 Exodus 18:23-27 17 Deuteronomy 5:16 10 Exodus 18:32-33 17 Deuteronomy 5:18 9 Exodus 19:6 21 Deuteronomy 6:5-7 6 Exodus 20:12 10 Deuteronomy 6:18 26 Exodus 20:14 9 Deuteronomy 10:12 22 Exodus 22:20-23 14 Deuteronomy 10:13 21 Exodus 22:24-26 28 Deuteronomy 10:18-19 14 Exodus 22:30 21 Deuteronomy 12:28 26 Exodus 23:1-2,7 8 Deuteronomy 13:18 22 Exodus 23:1-3, 6 23 Deuteronomy 13:5 22 Exodus 23:4-5 16 Deuteronomy 14:21 25 Exodus 23:8 23 Deuteronomy 15:7-11 3 Leviticus 10:3 21 Deuteronomy 16:19-20 23 Leviticus 11:3, 19, 43-45, 47 25 Deuteronomy 21:18-21 10 Leviticus 11:44-5 21 Deuteronomy 22:1-4 16 Leviticus 18:3-5 18 Deuteronomy 23:20-1 28 Leviticus 19:2 21 Deuteronomy 24:14-5 30 Leviticus 19:3 10 Deuteronomy 28:9 22 Leviticus 19:13 30 Deuteronomy 30:19-20 18 Leviticus 19:14 12 Many topics are addressed by multiple verses and eBooklets. See Topical Index. Searching the mussaria.org website using alternative keywords (and keyword stems with the * wildcard symbol) may produce additional relevant excerpts.
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TOPICAL INDEX
15 Abortion (38-43) (See also Murder) 12 Advice: Giving Harmful (11-21) 27 Afterlife (See Death, Resurrection, and the Afterlife) 5 Am I My Brother’s Keeper? (27-31) (See also Filial Obligations; Obligation to Help; Obligation to Loan; Standing Idly By) 5 Anger (18-21) 14 Anger (37) 16 Animal Welfare (29-34) (See also Food and Food Production) 23A Appointing Judges (23-25) 17 Arguing with G-d (See Confronting G-d) 1B As Yourself (Love Your Neighbor) (83-94) 19 Atonement (See Divine Forgiveness) 15 Avoiding Danger (See Body) 21 Be Holy (See also Do the Right and Good)] 1A Bearing a Grudge and Taking Revenge (1-21) 23B Benefit of the Doubt (78-87) 26 Beyond the Letter of the Law (See Do the Right and Good) 5 Bloods Cry Out (35-40) (See also Murder) 15 Body (17-24) (See also Food and Food Production; Euthanasia; Medical Care; Sex and the Body; Sexual Purity; Suicide) 23A Bribes, Accepting (39-48) 20 Business (See also Honesty in Business; Wronging Through Buying and Selling) 3 Charity (Tzedakah): Its Nature (1-4) (See also Concern for Others; Love the Stranger; Love Your Neighbor; Obligation to Help; Obligation to Loan and Give; Priorities in Giving; Protecting the Weak and the Vulnerable) 3 Charity: How Much Must We Give? (42-54); eBooklet No. 30) 18 Choose Life! (35-47) (See also Body, Sin and Free Will) 11 Chosenness (See Jewish Mission and "Chosenness"; People Set Apart) 18 Cleave unto G-d (48-54) 21 Commandments: Purpose of the Mitzvot (30-32) (See also Holy Nation; Jewish Mission and “Chosenness”; People Set Apart; Jewish Mission; These Words Which I Command You) 14 Compassion: How to Cultivate (25-28) (See also Hiding Yourself; Concern for the Other) 17 Concern for the “Other” (1-4) (See also Hiding Yourself; Compassion: How to Cultivate; Love the Stranger; Love Your Neighbor; Obligation to Help) 17 Confronting G-d (27-34) 9 Coveting (22-26) (See also Following Your Heart; Look and Remember)
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9 Coveting: How to Avoid (35-37) (See also Look and Remember) 9 Coveting: What Constitutes? (27-34) 24 Creation: Divine Joy in (1-2) 12 Cursing the Deaf (3-10) 24 Death and Suffering (6-9) (See also Euthanasia; Medical Care; Murder; Sickness) 15 Death Penalty (31-37) (See also Murder) 27 Death, Resurrection, and the Afterlife 25 Dietary Laws (Kashrut) (See Food and Food Production) 17 Divine Attributes (G-d’s Moral Nature) (16-21) (See also Emulating Divine) 11 Divine Attributes to Follow (11-27) (See also Emulating the Divine) 11 Divine Attributes: Chesed (Kindness) (15-20) 11 Divine Attributes: Justice (21-24) 11 Divine Attributes: Love (26) 11 Divine Attributes: Truth (25) 11 Divine Attributes: Tzedakah (Charity) (10-14) 19 Divine Forgiveness (26-27) (See also Rebuke and Repentance; Sin and Repentance) 15 Divine Image (1-6) (See also "Image of G-d") 18 Do My Laws (17-19) (See also Do the Right and Good; Keep My Laws; Live By My Laws; Walk in His Ways; Way of the L-rd) 7 Do Not Hate Your Brother (1-19) (See also Concern for Others; Hiding Yourself; Compassion: How to Cultivate; Love the Stranger; Love Your Neighbor) 30 Do Not Oppress 26 Do the Right and the Good See also Do the Right and Good; Keep My Laws; Live By My Laws; Walk in His Ways; Way of the L-rd) 14 Emulating the Divine (1-6) (See also Divine Attributes) 16 Enemies (1-17) 16 Enemies: Who Are They? (12-17) 23B Equity (See Law and Equity) 15 Euthanasia (7-10) (See also Medical Care; Murder; Sickness; Suicide) 19 Evil Imagination (1-12) (See also Evil and Good Impulses; Evil Inclination as Good; Sin, Temptation, and the Evil Inclination; Torah as Corrective) 24 Evil Inclination as Good (10-14) (See also Evil and Good Impulses; Evil Inclination as Good; Evil Imagination; Sin, Temptation, and the Evil Inclination; Torah as Corrective) 8 False Reports (1-14) 8 Falsehood: Do Not Follow a Multitude (15-21) 8 Falsehood: Keep Far From (22-31) 8 Falsehood: When Permitted (44-50) 23B Favoring Rich or Poor in Judgment (56-62)
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20 Fear Your G-d (41-44) (See also "I am the L-rd") 23A Fearing Litigants in Judgment (31-38) 13 Filial Obligations (31-34) (See also Am I My Brother's Keeper?; Leaves His Mother and His Father; Stand Idly By) 23B Following the Majority in Judgment (49-55) 9 Following Your Heart (1-14) (See also Coveting) 25 Food and Food Production 5 Free Will (See Sin and Free Will) 13 Friends (22-23) 29 G-d's Partners 28 Garment, Pledge: Obligation to Return 4 Gossip (See Falsehood; Speech; Talebearing) 15 Health (See Body; Choose Life!) 6 Hear, O Israel (1-4) 16 Hiding Yourself (Remaining Indifferent) (23-28) (See also Compassion: How to Cultivate: Concern for the "Other"; Love the Stranger; Love Your Neighbor) 21 Holy Nation: A People Set Apart (11-15) (See also Food and Food Production; People Set Apart; Sexual Purity) 21 Holy Nation: The Jewish Mission (1-10) (See also Commandments: Food and Food Production; Purpose of the Mitzvot) 21 Holy Nation: What Does It Mean? (16-29) (See also Food and Food Production; Sexual Purity) 26 Honesty in Business (See also Wronging Through Buying and Selling) 10 Honoring Parents: Importance of the Obligation (1-20) (See also Filial Obligations; Marriage; One Flesh) 10 Honoring Parents: Reward for Observance (49-59) 10 Honoring Parents: What Constitutes? (21-39) 17 Humility (35-44) (See also Interrupting) 12 I am the L-rd (42-45) (See also "Fear Your G-d") 1B I am the L-rd (95-100) (See also "Fear Your G-d") 26 Illness (See also Euthanasia; Medical Care; Murder; Suicide) 2 Image of G-d: Does it Affect our Relationship with (or Love of or Obligations to) G-d? (34-47) 2 Image of G-d: Does it Make Humans Unique? (21-33) 2 Image of G-d: How Affects Our Relationships with Others? (48-67) 2 Image of G-d: What is Meant? (1-19) (See also Animals: Different from Man?; Nature of Soul) 23B Inclining Against a Sinner in Judgment (63-64) 28 Interest on Loans 17 Interrupting (45-46) (See also Humility)
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11 Jewish Mission and “Chosenness” (27-36) (See also Commandments: Purpose of Mitzvot; Holy Nation; People Set Apart) 23 Judge Righteously 23A Judges (See Appointing Judges) 23A Judicial Standards and Procedures (9-22) 23B Justice: Pursue (See Pursue Justice) 17 Justice: The Obligation to Do (5-15) 25 Kashrut (See Animal Welfare; Food and Food Production) 18 Keep My Laws (14-16) (See also Do My Laws; Do the Right and Good; Live By My Laws; Walk in His Ways; Way of the L-rd) 29 Labor: The Dignity of 4 Lashon Hara (i.e., Evil Speech) (See Falsehood; Speech; Talebearing) 23B Law and Equity (65-77) 17 Leave-Taking (47-48) 13 Leaves His Father and His Mother (29-34) (See also Filial Obligations; Honoring Parents; Marriage; Not Good to Be Alone; One Flesh) 18 Live by My Laws (20-34) (See Do My Laws; Keep My Laws; Walk in His Ways; Way of the L-rd) 9 Look and Remember (15-21) (See also Coveting; Follow Your Heart) 14 Love the Stranger (38-50) (See also Concern for Others; Compassion: How to Cultivate; Hiding Yourself; Love Your Neighbor) 6 Love Your G-d With All Your Heart (5-30) 6 Love Your G-d With All Your Might (34-36) 6 Love Your G-d With All Your Soul (31-32) 1A/B Love Your Neighbor as Yourself (22-103) 1A Love: The Command (28-31) 8 Lying: See False Reports; Falsehood; Lashon Hara; Talebearing 23B Majority (See Following the Majority in Judgment) 13 Marriage (8-21) (See also Filial Obligations; Leaves His Mother and His Father; Not Good to be Alone; One Flesh) 1B Medical Care (101-104) (See also Do Right and Good; Standing "Idly By": Medical Treatment) 16 Medical Care (51-53) (See also Do Right and Good; Standing "Idly By": Medical Treatment) 11 Mercy (See Divine Attributes: Chesed (Kindness)); Do the Right and the Good 21 Mitzvot (See Commandments: Purpose of the Mitzvot) 15 Murder (25-30) (See also Bloods Cry Out; Death Penalty; Euthanasia; Suicide; Violence & Killing) 17 Natural Law (22-26) 24 Nature and the Human Condition (3-5) 27 Nature of the Soul (1-25) (See also Animals: Different from Man?; Image of G-d:
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What Meant?) 1A/B Neighbor: Who Is Our? (32-82) 13 Not Good to Be Alone (1-25) (See also Filial Obligations; Leaves His Mother and His Father; Marriage; One Flesh) 30 Obligation to Help Others (See also eBooklets No. 28 and 30) 28 Obligation to Loan (See eBooklets No. 3 and 30; Charity) 3 Obligation to Loan and to Give (5-26) (See also Charity; eBooklets No. 28 and 30) 13 One Flesh (35-51) (See also Filial Obligations; Leaves His Mother and His Father; Marriage; Not Good to Be Alone) 23B One Law for All (88-91) 10 Parents (See Honoring Parents) 18 People Set Apart (1-13) (See also Commandments: Purpose of the Mitzvot; Holy Nation: Jewish Mission) 3 Poor: Are They Deserving? (27-31) 3 Priorities in Giving (32-41) (See also Charity; Obligation to Loan and to Give) 14 Protecting the Weak and the Vulnerable (7-17) (See also Charity; Concern for Others; Love Your Neighbor) 23B Pursue Justice (92-103) (See also Justice: The Obligation to Do) 7 Rebuke and Repentance (54-57) (See also Divine Forgiveness; Sin and Repentance) 7 Rebuke but Bear No Sin (46-53) 7 Rebuke Thy Neighbor (20-45) 7 Rebuke: How to Accept (44-45) 7 Rebuke: How to Do So (39-43) 7 Rebuke: When Not to Do So (35-38) 3 Refusing to Give (55-79) (See also Charity; Obligation to Loan and to Give) 19 Repentance (See Divine Forgiveness) 4 Respect for Others (1-3) (See also Divine Attributes; Love Your Neighbor) 16 Returning Lost Property (36-53) (See also Standing "Idly By": Returning Lost Objects) 1A Revenge (See Bearing a Grudge and Taking Revenge 1-21) 24 Sex and the Body (15-20) (See also Body; Sexual Purity) 21 Sexual Purity (33-44) (See also Body; Sex and the Body) 26 Sickness (See also Euthanasia; Medical Care; Murder; Suicide) 5 Sin and Free Will (1-6) (See also Choose Life!) 5 Sin and Repentance (23-27) (See also Divine Forgiveness; Rebuke and Repentance) 5 Sin, Temptation, and the Evil Inclination (7-18) (See also Evil Imagination; Torah as Corrective) 14 Slaves in Egypt (29-36) 27 Speech (See also Lashon Hara; Talebearing)
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4 Standing "Idly By": Coming Forward with Information/Testifying (48-52) 4 Standing "Idly By": Medical Treatment (53-57) (See also Medical Care) 4 Standing "Idly By": Returning Lost Objects (61-62) (See also Returning Lost Property) 4 Standing “Idly By” (35-60) (See also Am I My Brother's Keeper?) 12 Stumbling-Block: Basis for these Commandments (1-2) 12 Stumbling-Block: What Constitutes? Who is “Blind”? (11-27) 29 Subdue or Serve? 15 Suicide (11-16) (See also Euthanasia; Murder) 4 Talebearing (4-34) (See also Falsehood; Lashon Hara; Speech) 4 Talebearing: Revealing Secrets (21-24) 4 Talebearing: Truth as a “Defense” (14-20) 4 Talebearing: When Disclosure is Required (25-30) 6 Teach Them Diligently to Your Children (40-65) 11 Teaching Children (38-44) 20 Theft (7-10) 6 These Words Which I Command (37-39) (See also Commandments) 19 Torah as Corrective (13-25) (See also Sin, Temptation, and the Evil Imagination; Evil Inclination) 3 Tzedakah (See Charity) 16 Unburden Your Enemy's Ox (18-22) 25 Vegetarianism 5 Violence and Killing (33-35) (See also Murder) 22 Walk in His Ways (1-24) (See also Do My Laws; Do the Right and Good; Keep My Laws; Live By My Laws; Way of the L-rd) 11 Way of the L-rd (1-9) (See also Do My Laws; Keep My Laws; Live By My Laws; Walk in His Ways) 13 Weddings, Rejoicing at (26-28) 20 Wronging in Monetary Matters (Other than Buying and Selling) (37-40) (See also Honesty in Business) 14 Wronging the Orphan Or Widow (1-28) 20 Wronging Through Buying and Selling (26-36) (See also Honesty in Business) 20 Wronging Through Verbal Oppression (11-25) 14 Wronging: What Constitutes? (18-24) 27 Yetzer HaRa (See Evil and Good Impulses)
Many topics are addressed in multiple verses and eBooklets. See Principal Verse Index. Searching the mussaria.org website using alternative keywords (and keyword stems with the * wildcard symbol) may produce additional relevant excerpts.
mussaria.org
Rabbi Dr. Art Levine was born in Los Angeles in 1955. A lifelong student, Art received a B.A. degree (Political Science) from UCLA, a Juris Doctor degree from Western State University College of Law, Masters and Ph.D. degrees (History) from Claremont Graduate University, and Masters degree and Rabbinic Ordination from the Academy for Jewish Religion-California.
He worked in the business insurance field, first as an underwriter and then as an independent consultant, attorney, and litigation expert witness. He holds the Chartered Property Casualty Underwriter and Associate in Risk Management insurance industry designations and is the author of The Workers’ Compensation Premium Book and Levine on California Workers Compensation Premium and Insurance.
Between 2007 and 2018, Art made twenty-two trips to Israel, becoming a dual American-Israeli citizen and living in Jerusalem for a cumulative two years. Since being ordained as a rabbi in 2009, he has focused on Adult Jewish education, lecturing on a broad range of Jewish subjects. Rabbi Levine has also led seders and services on five continents. He is the founder of the websites Yerushatenu (http://rabbiartlevine.com), AnJie: Aiding Needy Jews in Ethiopia (https://anjieonline.org), and The Ethical Torah (https://mussaria.org).
Levine lives in Fullerton, CA with his wife of 46 years, Barbara, where they are longtime members of Temple Beth Tikvah. They are blessed with three daughters and three grandsons.
Please address inquiries and comments to [email protected] and copy both [email protected] and [email protected].