Spiritual and
Ethical Issues For the next number of weeks, Dr. Tamari's column will focus on an important and sadly neglected area of Torah Life. We hope that Dr. Tamari's words will not only be of academic value, but will also impact on a "Tachlis level" to help improve our behavior as individual Jews and as Klal Yisrael. Religious and Ethical Challenges of Money [2] "When Israel left Egypt G-d blessed them with much wealth and then at Sinai He gave a Torah to educate them how to earn and use it" (Rabbi S, R. Hirsch, Sh'mot 3:12). Therein lies our way out of the spiritual morass into which money, wealth and economic assets can lead us, a way that presents us with two paths; the legal demands of halakha, but equally so, the spiritual requirements to act beyond the letter of the law and to do that which is good and straight in the eyes of G-d. It is Judaism's combination of the two paths that make it unique in money matters as in all spheres of life. 1. The Divine Wisdom created for us a halakha within which the earning and spending of money could become not merely moral but holy. THEFT: Not to steal money or possessions, to have courts to judge and punish thieves; to consistently see that one has true weights and measures; not to do injustice with weights and measures; not even to possess defective weights and measures; not to encroach on another's property [under- stood to include competition that deprives another of his livelihood]; not to steal humans and sell them (Rambam, Torah, introduction to Hilkhot Geneiva)'. ROBBERY: Not to forcefully take another's property, not even a debt owed to one; not to oppress by denying a debt or to abuse funds entrusted to us; not to withhold wages; not to badger and press people legally to sell some- thing which they do no wish to sell; not to covet; to return a lost article [which applies also to the protection from loss due to conniving of others] (Rambam, introduction to Hilkhot Gezeila). ONA'AH: Price fraud through over- charging; oppressing workers through withholding wages and benefits; not to prevent a worker eating of the produce he is working with but forbidding gluttony and transfer of the benefit [this seems relevant also to benefits provided by modern labor relations]; not to muzzle animals to prevent them eating. SHOMRIM - BAILIES: This refers to a person's degree of responsibility for property entrusted to them whether as agents, craftsmen, executive officers and certain classes of employees; for imposing responsibility for damages to property or causing financial loss. It is essential to pay for bodily damage, however, that is insufficient for T'shuva. For that we are required in addition to appease the injured person. It should be noted that one is equally obligated to prevent damage caused by his body or property, but also to the removal of dangerous objects even from the public thoroughfare. BORROWING & LENDING: The obligation to make interest free loans [this includes rich people suffering from temporary illiquidity]; not to oppress by demanding repayment from one who cannot repay; not secure debts through coercion; to return an essential article taken as security whenever the poor require it; not to demand a lien from a widow, irrespective of whether she be rich or poor; not to insist as security, tools and equipment required for sustenance; not lend money at interest or to serve an agent or a scribe or a witness for such transactions (Rambam introduction to Hilkhot Malveh v'Loveh). LAWS OF BUYING AND SELLING: Not to defraud the buyer or the seller by false advertising or by non-disclosure of defects, nor by creating the illusion that the goods or services confer status or any other desired but irrelevant effects. 2. "AND YOU SHALL DO THAT WHICH IS RIGHT AND GOOD IN THE EYES OF G-D" (D'varim 6:18-19). "Reuven has been operating a liquor store for many years, now Shimon, who is wealthy and has no dependents, wishes to open a similar firm. By law, Shimon cannot be prevented. However, according to the Bach (Teshuvot sec 12) the court can force Shimon to refrain from opening, LIFNIM MI SHURAT HADIN, since to act otherwise is an act of Sodom. Even were it not so, the court should at least use verbal pressure not to permit the store" (Tsemach Tzedek, Choshen Mishpat 418:11). "If the buyer has not yet drawn the merchandise into his possession, either party can withdraw. Nevertheless the person who retracts at this point is subject to the public imprecation of 'He who punished'" (Choshen Mishpat 198:1, 204:1). "One has a benefit and the other suffers no loss": "One who dwells without permission in a house that is not normally for hire and now the owner tells him to leave, does not have to pay rent, since the owner suffered no loss" (Choshen Mishpat 367:6). Upon entering the Land, the Tribes made 10 enactments, all based on this principle. For example, everybody, irrespective of tribe, may catch fish in the Kinneret [even though it belonged to the tribe of Naftali] provided they only use a line and hook, ensuring that there is no loss; it is permissible for anyone to graze their sheep in a privately owned forest [without permission from the owner or payment to him] provided the grazing does not harm the trees. (Rambam, Nizkei Mamon 5). "When one sells ground or a house or a store, then if the adjoining neighbor wishes to buy it, he has precedence before all people. It is G-d's desire that people do to each other that which is good and honest and there is nothing more honest or correct than this since the seller suffers no loss by giving preference to his neighbor" (Aruch Hashulchan, Chosen Mishpat 175:1). "'You shall love your neighbor as yourself' (Vayikra 17:18) is a major principle in Torah. One who loves his neighbor will not steal his money, will no commit adultery with his wife, will not oppress him financially, will not encroach on his livelihood and will not harm him in any way" (Sefer HaChinuch, mitzva 243). "These are the generations of man' is a greater mitzva, for G-d made man in His Image" (Sifra). When we oppress, defraud, or harm others, we are acting against Him, in whose Image man was created. "One who wishes to sensitize himself spiritually, will break his yetzer for money and will extend his hands gracefully to others. Everything he does for their welfare he will do with pleasure and grace" (Yoreh De'ah 248:8). It is of this merger of these two ways that Maimonides writes in his will; "Nothing can protect one like the helmet of TRUTH and the shield of JUSTICE". [The
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