Spiritual and Ethical Issues
by Dr. Meir Tamari

There is no new column in this week's TT.
We leave a previous piece for your review.

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 [4] by Dr. Meir Tamari
AL CHEIT... For the sins which we have committed before Thee…

WITH OUR MONEY
Al Cheit is a public confession of actions for which we, as a community (and individuals), ask for God’s forgiveness. Phrased in the plural, it is a reaffirmation of our communal character showing that we each have a moral responsibility for one another.

One of the most overlooked themes of this confession is its emphasis on unethical behavior. At least 16 of the verses are devoted to honesty and integrity in monetary matters – what we commonly call nowadays “Business Ethics”. The shift in emphasis from one line to the next draws our attention to another facet of life in the modern marketplace whether we are entrepreneurs, creditors, employers, employees, consumers, producers or simply citizens of the state. The following themes, relevant to present-day behavior, are among the ideas implicit in Al Cheit.

BY ACTING CALLOUSLY
We act callously and insensitively when we ignore the needs of the distressed and disadvantaged in our community. We act callously when we withhold funds that should be directed to that end. Shaming of staff or peers in front of others would constitute another form of callousness, as would any harassment or bullying tactic in the office.

BOTH IN PUBLIC AND IN SECRET
Many crimes, particularly economic ones, can be easily hidden from public scrutiny. Insider trading, non-disclosure of material information, selling defective merchandise, using false weights or deceptive packaging and utilizing misleading advertising are all examples of ‘secret crimes’’. Copying tapes, computer programs or other protected material is a further example of ‘secret’ thefts.

KNOWINGLY AND DECEITFULLY
Jewish law forbids the defrauding, deceiving or misleading of people – be they Jews or gentiles – in all matters concerning buying and selling.

BY OPPRESSING A FELLOW MAN
In addition to blatant physical oppression there is monetary oppression through overcharging or excessive profits. Such oppression can also take place when unfair advantage is taken or another person’s financial distress or ignorance of the market conditions. As mundane an act as engaging a shopkeeper in a sales discussion, when one has absolutely no intention of purchasing anything, is also forbidden. Delaying payment beyond agreed limits is a form of oppression.

BY VIOLENCE
Violence need not be a physical act. Withholding wages which are due, denying loans that are taken, misusing trust funds or client’s monies, misappropriating charitable funds, squatting in another’s home, coercing another by social pressure or by badgering, to make a sale (even at market price) – are defined by the Rambam to be forms of violence.

BY DEFAMING G-D’S NAME
Any action that brings G-d or the Jewish people into disrepute is one of the most serious crimes in Judaism. Unethical business dealings, fraudulent bankruptcy, white-collar crime, tax evasion and the taking and giving of bribes are all examples of such actions. The subsequent defamation of God's name is increased by the degree of Jewish identity, religious identification, political or communal status of the perpetrator.

BY THE EVIL IMPULSE
The yetzer hara, the ability to do evil, with our money is hidden by the rationalization of fraud and oppression, is fueled by the desire for an ever increasing standard of living and is encouraged by believing that the end justifies the means.

WITTINGLY AND UNWITTINGLY
We tend to salve our conscience regarding our deceitful acts, by turning witting acts into unwitting ones. An acceptance of prevailing lax ethic standards, the development of ‘grey areas’ in morality, and the acceptance of ‘everybody does it as a social norm help to blur the distinction between permitted and forbidden actions.

BY BRIBERY
Influencing the judicial system is not the only form of bribery. Anyone able to provide information or to affect business decisions is a judge. Undisclosed payments, kick- backs and illegal gifts are all examples of serious forms of bribery. Such bribery corrupts not only the recipient, but also the giver; it is not the mouse that steals, but the hole!

BY FRAUD AND FALSEHOOD
It is quite legitimate to present goods in the most favorable light possible, but falsehood applies to taking advantage of another’s ignorance or naiveté. This includes deceptive advertising, extravagant claims and concealing defects in goods. Anyone (including, of course, accountants, lawyers and landlords) providing substandard services would also be guilty of this sin. Furthermore, consultancy agencies and financial services which conceal conflicts of interest or provide harmful advice are considered by the Torah as if they had placed ‘a stumbling block before the blind’.

IN COMMERCE AND IN BUSINESS
The sanctification of G-d’s name through exemplary behavior in the market-place, is obligatory for men and women alike.

According to the Talmud, (M. Shabbat) the first question that we shall be asked in the next world is whether or not we were honest in business. Dishonesty in business means sinning against the people we wrong, but also sinning against G-d who commanded truth and justice.

IN EATING AND DRINKING
Modern- day gluttony extends far beyond eating and drinking. Always wanting to have more creates a search for a constantly rising standard of living, often through dishonest means. Conspicuous consumption and exaggerated consumerism are also a betrayal of basic standards of self-control.

INTEREST
Charging interest for lending money is not intrinsically immoral – no different from charging a fee for hiring out a car. However, the interest-free loan is mandatory helping to prevent people descending into poverty or enabling them to escape it.

BRAZEN ARROGANCE
This repeats the disapproval of the arrogance and callousness expressed by brow- beating competitors, employees and debtors, defaulting on debts and ignoring rules and regulations.

ENSNARING PEOPLE
Naïve clients can easily be misled by high-powered salesmen into borrowing money that they cannot ever repay or into buying goods and services that they neither need, nor can afford. Similarly, misrepresenting business information can fool shareholders or creditors into making decisions which are to their detriment. Moreover, takeovers and buyouts are often accompanied by tactics which are close to plotting and conniving.

BY EGOISM AND SELFISHNESS
Putting one’s needs first, need not be selfish, but ignoring others and refusing to help certainly is. Any society which ignores its obligations to the poor, the weak and the old cannot endure (Ramban regarding S’dom). Selfless behavior is considered the sign or a refined Jewish character (Avot 5:11).

BY BREACH OF TRUST
All financial and business deals are based on trust. The Torah expects all commitments, even verbal ones, to be fulfilled. Breaking a contract, even when no loss was incurred, halachically, incurs a public rebuke by Beit Din.

Yom Kippur atones only for Bein Adam LaMakom sins; Bein Adam L'Chaveiro sins require remorse, restitution and appeasement.

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