Spiritual and
Ethical Issues Religious and Ethical Challenges of Money [8] by Dr. Meir Tamari RESPONSUM: When the market prices move higher, a storekeeper may similarly raise his prices (Chosen Mishpat 23:20). So here too, the shopkeeper may so, however, the question arises of his keeping his word. By displaying the prices in his store, he has signified his agreement to these prices, even though the agreement was made in writing [rather than verbally which is considered halakhically more binding]. Now by changing his prices he shows himself to be lacking in trust in the Divine Providence [to provide him with his livelihood even if he maintains his promise of the lower price level]. This is in contrast to the actions of Rabbi Safra in Baba Batra 88a, Makot 24a" (Teshuvot Bet Avi 4:185, New York). Defaulting on a contract or noncompliance is easily viewed as unethical when it is illegal or when it causes loss to other parties. Halakhic enforcement is therefore neither surprising nor particularly noteworthy. What is important is to recognize the Rabbinic view of the spiritual damage flowing from noncompliance even where no monetary loss is involved; the spiritual damage suffered by one party of not keeping their word and of causing aggravation to the other party. The spiritual damage of the perpetrator is no less important than the material damage suffered by the victim. Our business behavior is replete with examples of unfulfilled promises and contracts. Some of these are verbal, such as promises made to deliver goods or services at a certain time or pledges to give charity, and even those promises made to ourselves to do or not to do something. Others are deliberate breaches of written contracts such as changes in prices, quality, time schedules and failure to keep to the terms of employment on the part of either the employer or employee. Sometimes the breach of contract, either written or verbal, causes a financial loss, while at other times there is none. Both of them prevent efficient markets and distort their equilibrium. When they become norms, they are economically dangerous since they destroy the trust required by the market and add to the costs of doing business, as everybody has to be careful to make sure that rights and obligations are properly documented, witnessed and preserved. The non-fulfillment of contracts that cause financial loss is similar to crimes against persons or property, and has to be solved by the courts or police. However they, as well as those not causing direct financial damage, require the religious-social-cultural norms of society to prevent them becoming socially accepted norms. Sanctity and enforceability of contracts in Judaism are not only economic imperatives but they are also spiritual ones. The relationship between Israel and G-d is the contractual one of the brit-covenant and G-d is consistently described in Tanach, indeed in all our sources, as One Who Keeps The Covenant - Shomer HaBrit. It is not surprising therefore, that our sources saw all contracts between human parties as having G-d as an additional party. "'If a person will sin and commit a treachery against G-d' (Vayikra 5:20). Rabbi Akiva asked, 'Why does the text refer to one who reneges or denies contractual obligations as sinning before G-d? Whenever two people make any agreement or condition or sale, then always HaShem is present. Therefore when either of the parties changes their minds or denies the obligation then they are denying His Presence; thereby, they sin before Him" (Sifra). Commenting on the biblical verse, "Just weights and just measures you shall have", the Sifra uses the Hebrew hin tzedek, actually just measures, to also denote the word for yes, saying "Let your yes be yes and your no be no" (Sifra Vayikra, 19:36; see also Bava Metzia 49b). "Rabbi Eliezer said, One who changes his mind [alters his undertakings or cancels agreements in economic activities], is as heinous as he who worships idols" (Mechilta Sh'mot 22:27). These do not have to be a flagrant abrogation of contractual obligations but may be subtle subterfuges or insidious comments; "One who alters his voice in order to defraud" (Rashi to the Mechilta). This religious disapproval of unfulfilled contracts becomes translated into halakhic decisions, even in those cases where there was no resultant loss. "Where one paid money for an article but did not take possession [as is essential in Jewish law for a transfer of ownership of movable property, thus placing full responsibility for the safety of the goods on the seller], any party who reneges on the agreed transaction does an act not befitting a Jew. This applies both to the seller and the buyer. Whoever reneges on an agreement, even if he only paid part of the purchase price [and therefore the deal may be considered not to have been completed], becomes liable to the rebuke "Mi Shepara". How is the Mi Shepara ritual performed? The guilty party is arraigned in the Bet Din and publicly rebuked by the Rabbis who say, 'He who demanded payment [for not keeping their word] from the Generation of the Flood, and the Generation of the Tower of Babel, and from the people of Sodom and Amora and from the Egyptians who were drowned in the Red Sea, He will demand payment from whosoever does not keep their word'" (Choshen Mishpat 204:1-4; see also comments of Hagra). In all issues of business morality the existence of a commonly accepted culture and ethical value structure is a prerequisite for ethical behavior, even though, in view of human weakness, of itself it is insufficient and requires legislation, judges and policing. Nevertheless, sometimes the public disapproval of unethical and immoral behavior is the only weapon that society has. This may be because, although the actions are unethical, they may be legal or the courts and police are unable to do anything about them because of a lack of evidence or because the perpetrator is powerful. Nevertheless when a society condones them or allows the perpetrator to go unpunished in any way, it fosters corruption and often, the destruction of that society. [The Parshat Miketz Homepage]
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