Unit 1 - Laws vs Ethics

Welcome 

Welcome to "Developing a Jewish Ethical Voice." Have you ever been in a complicated situation and were not sure what the ethically "right" choice was? What the "right" thing to do was?  In this course we will develop tools to apply when confronted with ethical dilemmas in everyday life. Together we will build a vocabulary that we can use to discuss ethical dilemmas, through study of classical Jewish texts, and apply it to case studies.  

In our first week together, we will spend some time getting acquainted. Over the next few weeks, you will find that we are interacting quite a bit - possibly even more than if we were in a face-to-face classroom! In this unit, we will introduce ourselves in the online discussion and get to know each other. We will also start looking at the course content.  

By the end of this unit you will be able to: 

 

Your unit assignments are to:  

 

Feel free to submit assignments early if it helps you to pace yourself! 

 

Laws versus Ethics 

Our lives are governed by many different laws. Countries pass laws for their citizens, such as traffic regulations and property laws. Religions mandate different laws for their followers to adhere to, such as giving charity or being forgiving. There are even laws governing how countries can interact with each other, for example how to engage in international commerce or how to behave towards one another during times of war. Many aspects of daily life are regulated by law, and often there are punishments if we do not follow them.  

However, there are many situations that are not explicitly covered by  law and do not have any specific consequences as a result of  right or wrong behavior. These situations present us with ethical, also called moral, decisions. While there is no law that says we cannot lie, many people would still consider it wrong to do so. Often these decisions can fall into "gray areas" that are subjective in terms of right and wrong – it may be wrong to go into a store and steal a candy bar just because you don't want to pay for it, but what if you need to steal medicine you cannot afford to save someone's life? Is stealing always wrong, or it is okay if you have no other choice? Sometimes there are no easy answers. 

Both of these categories ("laws" and "ethics") guide human behavior, yet they are not the same. What is the difference between law and ethics? 

 

Basic definitions

Dictionary.com defines "Law" as:

The principles and regulations established in a community by some authority and applicable to its people...recognized and enforced by judicial decision.

In other words laws are explicit rules about behavior that are punishable with some kind of consequence. For example, "don't drive over 55 MPH on this road or you will get a ticket and have to pay a fine."

It defines "Ethics" as:

Values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions.

In other words ethics are general guidelines for behavior that don't specify an action or a punishment. For example, "speeding is bad because someone can get hurt and it shows a lack of concern for other people on the road."

What are the differences between these definitions? Can you think of examples that would fall under each category? Are there examples that could fall into both categories?  

Let's look at some examples.

 

Law vs. Ethics sorting activity

The following activity will open in a new window. You will sort a number of statements based on whether you think each one belongs to laws, or ethics. Close the window when you complete the activity and go on to the next page of the study guide.

 

 Hyperlink to Sorting Activity 

Overlapping categories

Although "laws" and "ethics" are clearly different terms, there are plenty of situations that overlap. Here is a Venn diagram that visualizes the relationship between these two terms:

 As you can see, some situations fall into both categories.

Keep in mind that some actions fall mostly into one category but still have aspects of the other. For example, speeding is actually outlawed because it is dangerous, which makes it an ethical imperative However, no specific speed is dangerous and therefore, although there is nothing immoral about driving 65 MPH in a 55 MPH zone,  it is definitely illegal. In a 65 MPH zone, on the other hand, driving 65 MPH is both moral and legal. 

To Think About: While telling a lie is not illegal, libel (saying something untrue in a public forum to harm someone's reputation) and fraud (falsely representing a fact to make someone act on that false information) are against the law. Does that change how you would categorize lying in this diagram? Or is it the consequence of the lie that is the problem in that situation?

 

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A little bit of both

Judaism offers both legal and ethical guidelines to followers. We have laws that are similar to country-level ("national") laws, like laws regulating property and laws outlawing criminal behavior. Yet we also have laws that fall into the ethical realm, such as the obligation to help orphans and widows and the prohibition against putting yourself in danger. In addition, Jewish law requires its people to live an ethical life and make honorable choices, even when there is no direct law governing our actions – i.e. where US law would be okay if someone drove by the scene of a car crash without stopping to help, Judaism takes the opposite view. There is a biblical imperative to always strive to do the right thing, even without the threat of punishment. 

Let's take a closer look at this biblical imperative.

 

Leviticus 19 calls commands Bnei Yisrael "to be Holy"

ב. דַּבֵּר אֶל-כָּל-עֲדַת בְּנֵי-יִשְׂרָאֵל, וְאָמַרְתָּ אֲלֵהֶם--קְדֹשִׁים תִּהְיוּ: כִּי קָדוֹשׁ, אֲנִי יְהוָה אֱלֹהֵיכֶם

2. Speak to the congregation of the children of Israel and say to them: You shall be holy; for I the Lord your God am holy.

What does it mean to be "holy?" This is a very general statement. What do you imagine the text is asking? Is this a law or an ethical command? 

Let's return to our dictionary for help. Dictionary.com defines a holy life as:

Saintly; Godly; Pious; Devout

This is still pretty vague. What characterizes things like "saintly" and "pious?" 

What are some words you would use to explain the concept of holy? Here are some ideas: special, apart, higher, different. Take five minutes to think of some examples of your own. 

Separate yourselves

Let's see what Rashi has to say about this phrase:

(קדושים תהיו - הוו פרושים מן העריות ומן העבירה (ויקרא רבה

"Be holy" - Separate yourselves from immorality and from sin (Vayikra Rabba)

Rashi explains holiness as remaining separate from immoral acts and from sin.

To Think About: What kind of behavior do you think would be considered holy?

Actions speak louder than words

The text is trying to tell us something important about our behavior. But how do we turn this vague directive into concrete action?

One thing we can notice about this idea of being holy is that there are no real repercussions given for not behaving in a holy manner – there is no one specific action that holiness refers to, so we cannot be prosecuted for not doing it. Remember that part of the definition of law is that it can be "enforced by judicial decision," i.e. you can be taken to court and punished for breaking a law.

Yet judicial punishment  is not a part of the definition of ethical behavior. Ethical behavior is enforced by social repercussions rather than judicial punishment. Your friends may not want to have anything to do with you if they see that you are unethical and untrustworthy. There is no judicial punishment for unholy behavior. This suggests that holiness falls into the realm of ethics rather than law.

But how do we know what kind of behavior is expected from us if there is no specific list of what to do, like we have for laws? How can we translate this concept "being holy" into concrete actions?

The rest of Vayikra 19 provides us with specific examples of concrete actions. Most commentaries view pasuk 18 as the most significant:

יח. לֹא-תִקֹּם וְלֹא-תִטֹּר אֶת-בְּנֵי עַמֶּךָ, וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ: אֲנִי, ה

18. You shall not take vengeance, nor bear a grudge against the children of your people, but you shall love your neighbor as yourself: I am the Lord.

What does this pasuk mean?

Going against the grain

While this pasuk seems relatively simple religious motto, it actually asks for something that is very difficult for us to do. It's human nature to hold grudges or want revenge. Can you think of an example when you or someone you know had difficulty letting go of a grudge? Why was it difficult?

How does the text expect people to overcome the natural desire to hold a grudge? The answer is in the last part of the pasuk:  "וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ - love your neighbor as yourself."

What does this mean? Let's start by looking at Rashi.

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Love your neighbor as yourself

What does it mean to love someone like yourself?

Rashi comments on our pasuk:

לא תקם: אמר לו השאילני מגלך. אמר לו לאו. למחר אמר לו השאילני קרדומך. אמר לו איני משאילך כדרך שלא השאלתני, זו היא נקימה

 

ואיזו היא נטירה, אמר לו השאילני קרדומך. אמר לו לאו. למחר אמר לו השאילני מגלך. אמר לו הא לך ואיני כמותך, שלא השאלתני. זו היא נטירה, שנוטר האיבה בלבו אף על פי שאינו נוקם

You shall neither take revenge: For example: He says to his neighbor, "Lend me your sickle," and the neighbor replies, "No." The next day, the neighbor says to him, "Lend me your ax." If he says, "I will not lend it to you, just as you did not lend to me!" this constitutes revenge.

 

And what constitutes "bearing a grudge?" For example: he says to his neighbor, "Lend me your ax," and the neighbor replies, "No." The next day, the neighbor says to him, "Lend me your sickle." Now, if he says, "Here it is, unlike you who did not lend yours to me!" this constitutes "bearing a grudge," for he keeps the hatred in his heart, even though he does not take revenge.

 Rashi explains that you should treat people the way you would like to be treated, not the way they treat you. That includes not reminding them of their own improper behavior. 

Be a "mensch"

Now we're going to take a look at a few commentators who give a broader interpretation of this imperative to love your neighbor.

Rambam Hilchot Deot (Laws of Counsel) 6:4

מצוה על כל אדם לאהוב את כל אחד ואחד מישראל כגופו, שנאמר "ואהבת לריעך כמוך". לפיכך צריך שיספר בשבחו ולחוס על ממונו, כמו שהוא חס על ממון עצמו ורוצה בכבוד עצמו; והמתכבד בקלון חברו, אין לו חלק לעולם הבא.

It is a mitzvah for every human to love each and everyone from Israel as he loves his own body. As it is written, "be-loving to your neighbor like yourself", therefore one must sing his praises, and show concern for his financial well-being, as he would for his own well-being and as he would for his own honor. Anyone who glorifies himself at the expense of another person has no portion in the world to come.

Rambam requires every person to be a "mensch" - don't walk around as if you are more important than anyone else and don't take advantage of someone else just for your own advancement.

While our natural inclination may be to give in to anger and hatred, the Torah warns us in Vayikra 19:18 not to take revenge or bear a grudge. According to this thinking not only can't we hold a grudge against someone who has wronged us, but loving your neighbor means we should actively forgive them for what they have done.

Hillel in Babylonian Talmud (known as BT - see explanation below), Shabbat 31a

 דעלך סני לחברך לא תעביד

That which is hateful to you do not do to your friend

Hillel expands this pasuk to prohibit any undesirable behavior. He also uses the word "friend" instead of "neighbor" - is there a difference? Does this change how we understand whom the pasuk applies to? 

Hillel also words this as a negative ("do not do"), rather than the positive phrasing we see in the original pasuk ("Love your neighbor").

Let's take a closer look at this mandate to understand how to apply it and to whom it applies. 

Did You Know: The Talmud is a central text of Judaism and consists primarily of discussions of Jewish law and custom. There are also tales of folklore and historical anecdotes. The Talmud consists of what are known as the Gemara and the Mishnah. There are actually two versions of the Talmud: the Jerusalem, or Palestinian, Talmud (abbreviated as PT) and the Babylonian Talmud (abbreviated as BT). The Babylonian Talmud is more widely studied, and when someone refers generically, to "Talmud" this is the version they are referring to.

 

Who are the people in your neighborhood?

The pasuk says "Reyacha" - your neighbor. How do we define neighbor – to whom does this pasuk apply? Is the way we are supposed to treat people we know, or strangers? Jews, or non-Jews? Fellow citizens of our own country, or the whole world? 

It is possible to interpret this pasuk in a narrow way to refer only to other Jews, since the word "brother" is used earlier in the same pasuk. It is reasonable therefore to assume that the Torah is only asking us to worry about our fellow Jew

However, we see that this is not the case. Rabbi Yechezkel Landau, eighteenth century author of Noda B'Yehuda, ruled:

I emphatically declare that in all laws contained in the Jewish writings concerning theft, fraud, etc., no distinction is made between Jew and Gentile; that the legal categories goy, akum (idolater), etc., in no way apply to the people among whom we live.

According to Rabbi Landau's ruling we are commanded to act justly to all people with whom we live, Jew or non-Jew, without restriction. 

Avot De Rebbe Natan takes this one step further. We see in chapter 12:

מלמד שיהא אדם אוהב את הבריות, ולא יהא שונא את הבריות. שכן מצינו באנשי דור הפלגה, שמתוך שאוהבין זה את זה, לא רצה הקדוש ברוך הוא לאבדן מן העולם, אלא פזרן בארבע רוחות העולם.  אבל אנשי סדום, מתוך שהיו שונאים זה את זה, איבדן הקדוש ברוך הוא מן העולם הזה ומן העולם הבא.

Loving mankind. What does this mean? It teaches that a man should love his fellow creatures and not hate them, for so we find it among the men of the generation of the Dispersion. Because they loved one another, the Holy One, blessed be He did not wish to destroy them, but dispersed them to the four corners of the earth. Because the men of Sodom, on the other hand, hated one another, the Holy One, blessed be He destroyed them from this world and the World to Come

It's not enough to avoid abusing others, but rather Jews are obligated to protest injustice being perpetrated by others. We must not only love everyone, we must also actively promote love between people.

This is a powerful message indeed.

 

Barbaric behavior

The following story found in PT Bava Metzia (2:5, p8a) shows that Jews are to treat every human being, not just fellow Jews, with justice:

שמעון בן שטח הוה עסיק בהדא כיתנא אמרין ליה תלמידוי ר' ארפי מינך ואנן זבנין לך חדא חמר ולית את לעי סוגין.  ואזלון זבנון ליה חדא חמר מחד סירקאי ותלי ביה חדא מרגלי.  אתון לגביה אמרין ליה מן כדון לית את צריך לעי תובן.  אמר לון למה אמרין ליה זבנינן לך חד חמר מחד סירקיי ותלי ביה חדא מרגלי.  אמר לון וידע בה מרה אמרין ליה לא א"ל לון איזל חזר.

 מה אתון סברין שמעון בן שטח ברברין הוה.  בעי הוה שמעון בן שטח משמע בריך אלההון דיהודאי מאגר כל הדין עלמא.

Shimon ben Shetach worked hard preparing flax. His disciples said to him, "Rabbi, stop. We will buy you a donkey and you will not have to work so hard." They went and bought a donkey from an Arab, and a pearl was found hidden in its saddle. They came and told Rabbi Shimon that he did not need to work anymore because he could sell the pearl and live off the profit. When he found out that the Arab did not know about the hidden pearl when he sold the donkey, he immediately told them to return the pearl to its rightful owner, the Arab.

 

To their argument that he need not return the pearl because the Arab was a heathen, he responded, "Do you think that Shimon ben Shetach is a barbarian? He would prefer to hear the Arab say, "Blessed be the God of the Jews," than to possess all the riches of the world. It is written, "You shall not oppress your neighbor." Now your neighbor is as your brother, and your brother is as your neighbor. Hence you learn that to rob a Gentile is robbery."

According to Rabbi Aharon Soloveichik, the rabbinic leader and Talmud scholar, Shimon Ben Shetach in the above story gives a remarkable definition of a barbarian:

Anyone who fails to apply a uniform standard of mishpat (justice) and tzedek (righteousness) to all human beings, regardless of origin, color, or creed, is deemed barbaric.

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The greatest principle

Why does the Torah care so much about how we treat others? There is plenty of injustice in the world that is not our fault, and bad luck happens to good people every day no matter what we do. And it's hard enough to take care of our own family and friends. Why does the Torah obligate us to work so hard for people with whom we may have no real connection ?

Sifra, Kedoshim 4:12

'You shall love your neighbor as yourself' (Vayikra 19:18). Rabbi Akiva says: This is the greatest principle of the Torah. Ben Azzai says; 'This is the book of the generations of Adam' (Bereshit 5:1) is a greater principle.

What is this principle? Let's look at the rest of the pasuk he is quoting from Bereshit chapter5: 

א. זֶה סֵפֶר, תּוֹלְדֹת אָדָם:בְּיוֹם, בְּרֹא אֱלֹהִים אָדָם, בִּדְמוּת אֱלֹהִים, עָשָׂה אֹתוֹ

1. This is the book of the generations of Adam. In the day that God created man, in the likeness of God He made him

Ben Azzai is arguing that all humans were created in the image of God, even before there was a distinction between Jews and non-Jews. We are therefore obligated to view every person as having inherent value, and treat them with kindness.

Mirror image

Is it really possible to treat someone else with the same level of respect as we give to ourselves? What about someone with low self-esteem who acts in self destructive ways – is it okay to treat other people with the same disrespect we treat ourselves?

Ramban 19:18

יקבל לב האדם שיאהוב את חברו כאהבתו את נפשו, ועוד שכבר בא רבי עקיבא ולמד חייך קודמין לחיי חבירך. כי פעמים שיאהב אדם את רעהו בדברים ידועים להטיבו בעושר ולא בחכמה וכיוצא בזה, ואם יהיה אוהבו בכל יחפוץ שיזכה רעהו האהוב לו בעושר ובנכסים וכבוד ובדעת ובחכמה, ולא שישווה אליו אבל יהיה חפץ בלבו לעולם שיהיה הוא יותר ממנו בכל טובה, ויצווה הכתוב שלא תהיה פחיתות הקנאה הזאת בלבו, אבל יאהב ברבות הטובה לחברו כאשר אדם עושה לנפשו ולא יתן שיעורין באהבה.

The reason behind, "be-loving to your neighbor like yourself" is in fact an exaggeration for no human's heart can accept loving one's fellow as one loves one's own soul, and furthermore Rabbi Akiva already learned that "your life comes before the life of your friend."

 

For sometimes one loves his neighbor with the things that are known to enhance his material happiness, but not with wisdom, and qualities that are similar to it. If, however, he loves him and wishes him well with everything he desires...while not comparing himself to his friend...For there should not be this kind of petty jealousy, as the pasuk commands, "like one does for one's self," and thus he should not make limits to his love.

It is impossible to view another human being as equal to yourself, and this is not what is being asked of us. Rather, we should not compare ourselves to others, because that only leads to jealousy. We should want others to have whatever they want, even if it is different from what we want for ourselves. This commandment is about respecting others even in their differences, without jealousy or hatred.

Divine authority

This explanation of the text understands the command to "love" as a command to conquer any natural inclinations that might lead you to harm other people - regardless of whether they are like you or not, whether they live close to you or not, or whether you understand why they want what they want.

The requirement to love one another is not simply a feel-good religious motto, but rather a challenge to infuse our actions with meaning. We are tasked with imbuing everything we do with deep thought and evaluating the consequences.

This is a huge challenge to ask of human beings. Are we even capable of achieving this goal?

The answer can be found in the last words of our pasuk - "Ani Hashem." Why is this phrase tacked on to the end of our pasuk? What does it have to do with the rest of the pasuk? Let's look at it again:

יח. לֹא-תִקֹּם וְלֹא-תִטֹּר אֶת-בְּנֵי עַמֶּךָ, וְאָהַבְתָּ לְרֵעֲךָ כָּמוֹךָ: אֲנִי, ה.

18. You shall not take vengeance, nor bear a grudge against the children of your people, but you shall love your neighbor as yourself: I am the Lord.

It doesn't flow naturally from the rest of the pasuk.

Let's look at how the commentators explain why this phrase is here.

"Ani Hashem"

Rabbi Sadiya Gaon

I am Hashem that repays you goodness.

God acts towards humans with never ending kindness and as we saw above, humans are created in the image of God. That means we strive to emulate God, no matter how hard.

In fact, this is hard to do specifically because it is a godly act. 

Ibn Ezra

I am the One Gd who created you.

Only God could ask such a big thing from us, because he created us and gave us guidelines for living our lives.

Without this Divine mandate to treat others equally - in other words, if a human asked us to do this - we might never dream it is possible.

So why does God care how we treat people? As we saw at the beginning of this unit the pasuk "You shall be holy; for I the Lord your God am holy" teaches us that a fundamental idea in

Judaism is to bring holiness into the world. How do we do that? "Love your neighbor" - be sensitive to others, for that is a holy act.

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Assignment: Reflection Journal

reflection journal There are many situations in our lives that are governed by laws – civil laws, criminal laws, religious laws – yet we are often faced with situations that are not explicitly covered by these laws. These situations can fall into moral "gray areas" where it is hard to figure out right from wrong.

Please think about and answer the following questions:

Can we do whatever we want in these situations? Do we have any rules or guidelines to help us make these decisions? Are there black and white answers, or can it depend on the person or situation? Why be ethical at all if the laws seem to say we can do what we want in these gray areas?

 

 

 

Assignment: Bumper sticker inspiration discussion

Think about ideas in your life that inspire you to be a better person. Sometimes there is a certain phrase that captures how we feel, that can be part of a song or song title, a poem, a Scriptural pasuk, a saying from your Grandmother, or even a bumper sticker that you've see.

Introduce yourself to the group. Write a song title or bumper sticker of your own that captures your slogan to be a better person. You can either quote something you've heard or seen before, or write your own.

 

 

 

 

Assignment: Wiki

Assignment: Which of the commentators that discuss the word "reyacha" resonate the most with you? Is there another commentator that you know of that you can cite here?

Post your answer to the class wiki (Go to the unit home page and follow the instructions for posting to a wiki). At the end of the unit choose the one you like the best, other than your own, and participate in the poll.

 

 

 

Checklist

In this unit we explored the concept of holiness in Rabbinic literature and began to develop an understanding of the ethical standards that can guide us when we face everyday dilemmas.

This week you should have: