Simplicity — Lecture 11
This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.
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Table of Contents
- The distinction between positive commandments and prohibitions
- Maimonides and the duplication of a positive commandment and a prohibition on the Sabbath
- Abstracting active performance and passive omission
- Turei Even, Rashba, and uprooting a Torah law through passive omission
- “Do not add” in Maimonides and defining the act of enactment
- The language of the Talmud: passive omission as a label for a positive commandment
- Human dignity, Tosafot in Shevuot, and Kovetz Shiurim
- Mixed fabrics in the marketplace: the dispute between Maimonides and the Rosh
- Moving from a practical understanding to a principled understanding of passive omission
- Siamese twins and separating them as an example of principled passive omission
- A pressing situation, the Rema, and deciding by the minimal path
- A sick person on the Sabbath: slaughtering versus non-kosher meat
- Returning to the dispute: another person’s transgression in active performance and human dignity
- Substantive summary: passive omission and active performance as parallels to positive commandments and prohibitions
- The move to the example of abstracting the concept of money
- Value as an abstract concept and money as its illustration
- Something worth money is like money, and reverse abstraction from money to value
- The conditions for using merchandise as currency and the differences from symbolic money
Summary
General Overview
The text completes the distinction between positive commandments and prohibitions by moving from a practical understanding of active performance and passive omission to a substantive understanding of a positive state versus a negative state, and presents this as an example of a process of abstraction. On that basis, it explains why there can be positive commandments that are violated through an active act, and prohibitions that are violated through inaction, without this contradicting the essential distinction. After that, the text moves to another example of abstraction through the concept of money, in which money is presented as an illustration of a more abstract concept of value, and it describes a movement back from the illustration to the abstract through the principle that something worth money is like money.
The distinction between positive commandments and prohibitions
The text states that the natural distinction between positive commandments and prohibitions according to what they impose on a person does not stand up to the facts, because there are positive commandments that impose cessation and prohibitions that impose duties of action. The text proposes a different definition, according to which positive commandments point to a positive state that the Torah expects a person to be in, while prohibitions point to a negative state that the Torah expects a person not to be in, even if the states themselves can be passive or active. The text explains that resting on the Sabbath is a positive commandment because the state of rest is a positive state, and doing labor is, from the perspective of the positive commandment, a failure to be in that positive state, while at the same time there is also a prohibition on the Sabbath that defines doing labor as being in a negative state.
Maimonides and the duplication of a positive commandment and a prohibition on the Sabbath
The text explains that when there is both a positive commandment and a prohibition in the same area, as on the Sabbath, the positive commandment defines the expectation of the positive state, and the prohibition defines the ban on being in the negative state. The text presents this as an explanation for why Maimonides counts two commandments despite the overlap between a positive commandment and a prohibition, unlike overlap between two positive commandments or between two prohibitions.
Abstracting active performance and passive omission
The text argues that the substantive explanation is not an alternative to the practical explanation but an abstraction of it, because the severity of a transgression through active performance is understood as doing something negative, whereas a transgression through passive omission is understood as not doing something positive. The text illustrates that when a person does labor on the Sabbath, then with respect to the positive commandment of resting there is no “severity of active performance” here, because from the perspective of the positive commandment he is only failing to be in the positive state of rest, even if in practice that happens through an action. The text defines the substantive distinction as frontal conflict with the will of the Torah versus passive conflict, meaning doing something negative versus not doing something positive.
Turei Even, Rashba, and uprooting a Torah law through passive omission
The text cites Turei Even on Rosh Hashanah that falls on the Sabbath and asks why one should not say that the Sages can subtract through passive omission without violating “do not subtract,” against Rashba, who says that “do not add” and “do not subtract” do not apply to rabbinic enactments. The text presents Turei Even’s answer: uprooting a Torah law through passive omission means nullifying a positive commandment, not nullifying a prohibition, and therefore the Sages cannot subtract from a prohibition even if it is done in a way that appears passive. From this, the text formulates that the essential difference is whether the Sages tell a person to be in a negative state or only not to be in a positive state.
“Do not add” in Maimonides and defining the act of enactment
The text cites Maimonides in the laws of rebels, who rules that a religious court that enacts a decree must announce that it is rabbinic, so that people will not think it is of Torah origin, because otherwise they would violate “do not add.” The text explains that “do not add” is realized when people observe what was added as though it were from the Torah, and not in the act of enacting itself, and that the public’s observance is the “final hammer blow” that reveals the addition.
The language of the Talmud: passive omission as a label for a positive commandment
The text argues that when the Talmud distinguishes between passive omission and active performance, one can ask whether it means practical execution or the type of commandment, and it emerges that there is a dispute among the medieval authorities (Rishonim) about this. The text states that one is compelled to understand passive omission substantively in order to explain how the Talmud calls the nullification of a positive commandment “passive omission,” even though there are positive commandments that are violated through action, because substantively the nullification of a positive commandment is a failure to be in a positive state.
Human dignity, Tosafot in Shevuot, and Kovetz Shiurim
The text cites Tosafot in Shevuot 30 concerning a Torah scholar who refrains from testifying because of injury to his dignity, and distinguishes between a case where failure to testify will lead another person to a transgression through active performance and a case of passive omission, where human dignity does not justify refraining when the result will be another person’s active transgression. The text presents formulations by later authorities (Acharonim), among them Kehillot Yaakov and Kovetz Shiurim, pamphlet on Divrei Sofrim, regarding whether the distinction stems from severity or from the character of the decision in a clash of values, and describes a side that understands that there is no difference in severity, but when the values are equal one rules in favor of passive omission.
Mixed fabrics in the marketplace: the dispute between Maimonides and the Rosh
The text cites the dispute between Maimonides and the Rosh regarding a person who sees his fellow wearing mixed fabrics in the public domain, whether he must strip the garment off him even though this causes humiliation. The text describes that Maimonides requires removal, while the Rosh ties the duty to intervene to the prohibition of “you shall surely rebuke,” understood as a case of passive omission, and on that basis explains a possibility that human dignity would override it.
Moving from a practical understanding to a principled understanding of passive omission
The text argues that even when one uses the rule “passive omission is preferable,” one need not interpret it as literal passivity, but rather as choosing the minimal cost and avoiding the creation of a negative state. The text states that there are situations in which “passive omission” means doing an act, because the act is the minimal path that prevents a broader negative result.
Siamese twins and separating them as an example of principled passive omission
The text brings the example of Siamese twins joined by a single heart, where without surgery both are destined to die, while surgery could save one and cause the death of the other. The text says that all halakhic decisors forbid it in a symmetrical case, but the author argues that one is obligated to perform the surgery, and adds that even in a doubt, “passive omission is preferable” could be interpreted as preferring the surgery, because that is the minimal cost that saves one life instead of losing two. In this context the text cites the Chazon Ish on an act done as rescue even if it harms another, and formulates that leaving a negative state in place counts as active performance even when it is done through omission.
A pressing situation, the Rema, and deciding by the minimal path
The text presents an idea according to which in pressing circumstances one sometimes follows a position that is not the normal ruling because it is the minimal or safer path in the given situation, and connects this to the Rema’s words at the beginning of Torat Chatat, that he did not rule leniently against Jewish law. The text describes the choice not as ruling against Jewish law but as deciding within a doubt and preferring the minimal cost.
A sick person on the Sabbath: slaughtering versus non-kosher meat
The text cites a dispute among the medieval authorities (Rishonim) in the case of a sick person on the Sabbath who needs meat and there is no kosher meat available, whether it is preferable to slaughter on the Sabbath or feed him non-kosher meat. The text cites the Ran, who prefers slaughtering because eating non-kosher meat entails many prohibitions with each olive-sized portion, even though Sabbath desecration is more severe in the sense that it carries stoning, and thus illustrates considerations that do not depend only on “abstract severity.”
Returning to the dispute: another person’s transgression in active performance and human dignity
The text argues that if the entire decision were only the technical question of passive omission, then in the case of testimony one could refrain from testifying, because the witness’s own non-testimony is passive omission, even if the other person would transgress through active performance. The text concludes from this that Tosafot and Maimonides can be understood as based on the consideration of the severity of active performance, but it adds the possibility of explaining them also in terms of principled passive omission, in which it is forbidden to preserve human dignity in a way that creates a negative state, even when that negative state is realized in another person.
Substantive summary: passive omission and active performance as parallels to positive commandments and prohibitions
The text concludes that the concepts of passive omission and active performance undergo abstraction and become synonyms for positive commandments and prohibitions in the substantive sense of a positive state versus a negative state. The text states that the practical distinction is not a mistake but simply too concrete a perspective, and when one abstracts it one arrives at the more precise definition, so this is a clear example of a process of abstraction.
The move to the example of abstracting the concept of money
The text opens a new example in which the concept of money is itself presented as an abstraction, and describes the development of the market from barter to money in order to solve the deadlock caused by the need for a “matching of wants” between the sides in a transaction. The text states that barter is the natural form of trade and therefore does not need a source in the Torah, and attributes the derivation of barter from the Scroll of Ruth to a mere indication that this is how people in fact behaved.
Value as an abstract concept and money as its illustration
The text argues that barter presupposes in the background an abstract concept of value that makes it possible to place tomatoes and chairs on one scale, even though they have no naturally shared units. The text defines money as a concrete representation of the concept of value, and formulates that money is “something with no substance, and yet people work for it,” and therefore it is compared to idolatry. The text explains that currency requires authority that limits its production so that it will not lose meaning, and presents the move from the “philosopher” who discerns the concept of value to the “startupist” who translates this into currency as a mechanism that enables the market to be freed.
Something worth money is like money, and reverse abstraction from money to value
The text argues that once the concept of money exists, one can again use commodities themselves as money, not because they are needed for their use as such, but because they are worth money, and thus payment in merchandise “as currency” becomes possible. The text emphasizes that this is not a return to primitive barter, because here the merchandise serves as a representation of value rather than as an object of consumption, and formulates that once one understands the concept of value there is no necessity for a fixed tangible representation of money. The text presents this process as a further abstraction in which one erases money itself and returns to the abstract concept behind it, similar to the modern situation of bank transfers and credit cards in which “nothing happened except a record was made.”
The conditions for using merchandise as currency and the differences from symbolic money
The text explains that merchandise can serve as a medium passing between people until eventually someone actually uses it, and compares this to trade in future commodities, where the assumption is that there will ultimately be real use. The text distinguishes between something worth money, which has value at the end of the chain, and attributing value to things that have no intrinsic value, and brings examples of stories and situations in which value passes from person to person by the force of belief or convention alone. The text concludes by declaring that understanding this structure solves many problems with which the later authorities (Acharonim) struggle, and that from this description “everything is clear.”
Full Transcript
[Rabbi Michael Abraham] I just need to make a kind of completion from last time. At the end of last time I did something a bit quickly, and I want to complete it, and then I’ll also begin the next example of abstraction. We spoke about the relation between positive commandments and prohibitions. I said that the natural, obvious view is that the distinction depends on the question: what does it impose on me? Does it impose on me to do, or impose on me not to do? A positive commandment imposes on me to do something, and a prohibition imposes on me not to do. But that doesn’t stand up to the facts, because there are positive commandments that impose on me to refrain, and there are prohibitions that impose duties of action. So I suggested a different definition. I said that the difference between a positive commandment and a prohibition is whether the Torah points to a positive state that it expects me to be in—that is a positive commandment—or whether it points to a negative state that it expects me not to be in—that is a prohibition. Now, the positive state or the negative state can be passive or active states; that doesn’t matter. And therefore, if the Torah tells me to rest on the Sabbath, even though that commandment imposes on me an obligation not to do—to do no labor—still that is a positive commandment. How is that a positive commandment if it imposes on me an obligation not to do? Because the state of rest is a positive state. Meaning, if I do labor, I didn’t do something negative; I just wasn’t in the positive state, the state of rest, and therefore it is a positive commandment.
[Speaker B] Really, that is the other side too, because there’s also a prohibition.
[Rabbi Michael Abraham] From the standpoint of the positive commandment, that’s the situation. On the Sabbath there really is, besides that, also a prohibition. And the prohibition says that doing labor is not only failing to be in the positive state of rest, but also being in the negative state of doing labor. And therefore here you need both a positive commandment and a prohibition, and that explains why Maimonides says that even though there is overlap between a positive commandment and a prohibition, he counts both commandments, unlike overlap between two positive commandments or between two prohibitions. So that was the definition. Then I brought various implications of it and tried to illustrate what exactly this thing means. And in the end I got to the point that really I had brought this as an example of a process of abstraction. And I wanted to argue that basically I presented it as though there were two possible explanations for the difference between a positive commandment and a prohibition: the practical explanation, that what imposes on me an obligation to do is a positive commandment, and what imposes on me an obligation to refrain is a prohibition; and then there’s the principled explanation, not the practical one, but what the nature of the commandment really is—pointing to a positive state or pointing to a negative state. But when you look at it more deeply, it seems to me that these are not two alternatives. Rather, the second is an abstraction of the first. In other words, the practical possibility undergoes abstraction, and when I abstract the practical concepts of active performance and passive omission, I arrive at the principled definitions. And what do I mean? I asked: why is a transgression through active performance more severe than a transgression through passive omission? What difference does it make? Bottom line, I’m doing something the Torah doesn’t want. What difference does it make whether I do it by omission or by action? Why is doing it by action—say, eating pork as opposed to not building a parapet—okay? Why is eating pork more severe? Because it’s active performance, and not building a parapet is passive omission. So what? Why is active performance more severe than passive omission? Bottom line, you’re acting in a way the Torah forbids or doesn’t want. So I said it’s not exactly like that. You are not acting in a way the Torah doesn’t want. When you do an action through active performance—an action forbidden through active performance—you’re actually doing something the Torah forbids. When you act through passive omission, you’re not doing something the Torah wants you to do. You’re not doing something negative; rather, you are failing to do something the Torah wants you to do. Now, if you look at it that way, then the abstraction or generalization is called for, because then it turns out that if I commit a transgression through active performance, but that transgression is not negative in itself—it is only a failure to be in a positive state. The positive state was resting, and I did labor. So I performed an action actively, but the severity of active performance isn’t here, because the severity of active performance is really doing something negative, while passive omission is not doing something positive, right? And here that’s not true. Because if I do labor on the Sabbath, I committed a transgression through active performance, but from the standpoint of the positive commandment to rest, there is no severity of active performance here, because I didn’t do something negative; I just wasn’t in the positive state.
[Speaker B] I’m not at one, I’m at zero.
[Rabbi Michael Abraham] Exactly. Even though not being in that zero state is itself a state. It’s carried out by an active action, but that doesn’t matter, because the severity of active action is not present here. Okay, and therefore I claim that the definition I suggested is not really different from the difference between active performance and passive omission; it is an abstraction of the definitions of active performance and passive omission. When you abstract, you are basically saying: wait a second, what am I really doing here? I’m saying the question is whether I collide head-on with the will of the Torah—whether I do something negative—or whether I only collide passively with the will of the Torah, meaning I fail to do something positive. Okay, if that’s the definition, then indeed there can definitely be situations in which a positive commandment is violated through active performance and a prohibition is violated through passive omission. Because in the end the question is whether your passive omission is something negative or whether it is merely not something positive. And a passive action can be either of those, and an active action can also be either of those. So the essential definition is not whether it is an active action or a passive action, but whether the clash with the will of the Torah is a frontal clash or a passive clash. Okay? Whether I do something negative or fail to do something positive. And therefore my claim is that the distinction between positive commandments and prohibitions according to my suggestion is not really different in essence from the practical distinction. It differs in many implications, but conceptually it is simply an abstraction of the practical distinction. If you abstract, you basically arrive at this point. And therefore this is an example of abstraction.
[Speaker C] In the implications of passive omission.
[Rabbi Michael Abraham] What? In the implications—for example, here will be the differences. Here, I’m getting to that now. There are several things we find in Jewish law. I brought one example here in Turei Even there: why can’t the Sages subtract from Jewish law and say “do not subtract”? If they do it through passive omission, seemingly that should be possible. So really that’s exactly what I showed—that not blowing the shofar on Rosh Hashanah when it falls on the Sabbath, that is passive omission, right? So Turei Even there—it doesn’t matter now, in his discussion with Rashba—asks there why indeed the Sages cannot subtract, and then there would be no problem: they would not violate “do not subtract” when they tell you not to blow the shofar on Rosh Hashanah that falls on the Sabbath. Because Rashba says that the Sages are outside this prohibition; rabbinic enactments are not subject to these prohibitions of “do not add” and “do not subtract.” So Turei Even asks: why? It could be that they are subject to them, as Tosafot in Rosh Hashanah says, and here what the Sages did is simply subtract by way of “do not subtract.” No problem. And through passive omission they are allowed to subtract by “do not subtract,” because all they did here was tell you not to blow the shofar—that is passive omission. So the subtraction by “do not subtract” is being done here through passive omission, so what’s the problem? Why doesn’t Rashba explain it that way? Why does he need to get to the point that “do not add” and “do not subtract” do not apply to the Sages? Why not say that they do apply to the Sages, but they are permitted to uproot a Torah law through passive omission? So he says that doesn’t work. Why? Because “do not subtract” is a prohibition, and they cannot subtract—they cannot override a prohibition. Even though you’re doing it through passive omission. Why? Because what he is really explaining is that “uprooting a Torah law through passive omission” does not mean uprooting a Torah law in a passive way. Rather, uprooting a Torah law through passive omission means nullifying a positive commandment, as opposed to nullifying a prohibition. If you nullify a prohibition—even though you do it in a passive way that would seemingly count as passive omission—they still cannot do that. If you nullify a prohibition, that is something the Sages cannot do. The difference between active performance and passive omission is not a practical difference; it is the question whether this is a positive commandment or a prohibition. Are the Sages telling you: do something negative? They cannot tell you to do something negative. They can tell you not to do something positive. But that “do” or “don’t do” can also be by omission, and that doesn’t matter. The essential difference is not whether it is omission or action, but whether they are telling you to be in a negative state, or whether they are only telling you not to be in a positive state. The second they can do; the first they cannot. Okay, that is a clear example of this point. Yes.
[Speaker D] One could also say, seemingly, that if they enact an enactment, then the enactment itself is a positive act—that is, the very decision on the enactment, the creation of the enactment.
[Rabbi Michael Abraham] Fine, but they are still telling me to do something negative—not to blow the shofar on Rosh Hashanah that falls on the Sabbath.
[Speaker D] Yes, but if the prohibition of “do not subtract” applies to the Sages, then one could say that in that decision they would be violating the prohibition of “do not subtract.” In what decision? In the decision to enact the decree. Right? And then they are subtracting—meaning, the subtraction does not refer to the people who will observe the decree, but to the decree itself. That is active performance.
[Rabbi Michael Abraham] But what active performance is there here? They aren’t doing anything. What is speech and what is action? No—the act of creating the enactment. Fine, but what is that? That’s not an act. They are speaking. In the end the meaning comes when people violate or observe it. Right—the meaning, when people act on it, that is the final hammer blow of the transgression of—
[Speaker C] Where do we see that? There is Maimonides in the laws of rebels.
[Rabbi Michael Abraham] Maimonides says that every religious court that enacts a decree must announce that it is a rabbinic law.
[Speaker C] Clarify that it is rabbinic, so that they won’t think that this law—
[Rabbi Michael Abraham] —is a Torah law, because—
[Speaker C] otherwise he violates “do not add.”
[Rabbi Michael Abraham] And what does it mean that he violates “do not add”? After all, if he does not clarify that this thing is rabbinic, he still only added a rabbinic law; he just didn’t clarify it. So why is that “do not add”? Adding a rabbinic law is not “do not add.” Adding a Torah commandment is. So what difference does it make whether you clarify it to people or not? The answer is: if you clarify it to people, then people will not think it is a Torah law, and then you will not violate it. Meaning, your transgression of “do not add” is when people do it, not when you added it. Rather, when people observe what you added, that is the final hammer blow. That reveals that when you added it, you violated “do not add.” The addition is not the act of addition itself, but its implication: when people observe what you added, that will in effect be your violation of “do not add.” Okay. So I just want to continue this point. In several places we see that there is a difference between passive omission and active performance, and in all those places there is room to ask whether the distinction really is between active and passive, or whether the distinction is between positive commandments and prohibitions. As we saw, that is not the same thing. You can be active with a positive commandment, you can be active with a prohibition, and passive with both as well. But the question is: when such a distinction appears in the Talmud between passive omission and active performance, does it mean action and inaction, or does it mean positive commandments and prohibitions? And it turns out there is a dispute among the medieval authorities (Rishonim) about this. In various contexts there is such a dispute. And there cannot be a position among the medieval authorities that makes such a distinction unless it is like my explanation. Because in the Talmud it says that the difference is between passive omission and active performance. Now how can the Sages say that a positive commandment is by definition passive omission? There are positive commandments that I violate through active performance. So you could tell me: what is meant is positive commandments and prohibitions under some interpretation. But how does that fit what the Talmud says? The Talmud calls it passive omission and active performance. How does the Talmud call positive commandments passive omission? That isn’t correct—there are some positive commandments like this, and some like that. So you are forced to say what I said before: when the Talmud speaks about passive omission, it means positive commandments, because a positive commandment is always passive omission. Only it is not practical passive omission; it is substantive passive omission. Practically, sometimes you violate it through active performance, okay? But on the substantive level, nullifying a positive commandment is always passive omission, because it is basically not being in a positive state. And therefore the Talmud calls violating a positive commandment passive omission, even though sometimes I violate that positive commandment through action—like rest on the Sabbath, where I do labor—and nevertheless the Talmud calls it passive omission. Why? After all, I’m doing an action here when I violate that prohibition. Because substantively this is passive omission. Here you see exactly this point of abstraction. Meaning, it is not only that we are shifting from the practical plane to the conceptual plane—that alone does not prove what I’m saying. Rather, the fact that we do this even though the Talmud itself makes the distinction between passive omission and active performance, not between positive commandments and prohibitions. The Talmud made the distinction: the Sages uproot a Torah law through passive omission, but through active performance they cannot uproot a Torah law. Now according to the Turei Even we mentioned before, what it really means is that the Sages uproot positive commandments; they cannot uproot prohibitions. That is basically what it says. So why does the Talmud speak in terms of passive omission and active performance? That is not the same division. We know there are positive commandments whose uprooting is through active performance, and prohibitions whose uprooting is through passive omission. So according to that interpretation, the Talmud is basically using incorrect terminology. According to what I’m saying, it is correct: the Talmud is using the right terminology, because positive commandments are always violated through passive omission—only through substantive passive omission, not practical passive omission. A positive commandment means not being in a positive state. And that is what the Sages can tell you. That is what is meant when they say that the Sages can tell you something through passive omission. And this is the best proof for the idea that what I presented is really just an abstraction of the concepts of passive omission and active performance. It’s not another explanation, not an alternative explanation; it is an abstraction of that explanation. Because otherwise the Talmud could not call it passive omission and active performance. The Talmud itself calls it passive omission and active performance. Okay? An example of this point: there is Tosafot in Shevuot, where the discussion is about the obligation of human dignity. Great is human dignity, for it overrides a prohibition in the Torah. The Talmud says in Berakhot that it overrides a Torah prohibition—that is to say, a Torah prohibition only through passive omission. That prohibition only overrides the prohibition of “do not turn aside,” and beyond that it overrides Torah prohibitions only through passive omission. Fine? So now Tosafot in Shevuot 30 discusses the question whether a person has to go and testify before judges who are inferior to him. If a great Torah scholar goes to testify before some minor judges like that, that is an injury to his dignity. On the other hand, if he doesn’t go testify, then someone will lose money, right? Fine, he’ll lose money. But I’m not obligated to damage my dignity in order to save your money. What’s preferable—your money or my dignity?
[Speaker D] Why is that considered injury to dignity?
[Rabbi Michael Abraham] You go testify, you have to stand before the judges, show them some sort of respect—that injures my dignity. That’s how it’s understood there. You can argue about that, but that’s how it’s understood there.
[Speaker F] But here are we talking about testimony over money, which maybe could be about life?
[Rabbi Michael Abraham] No, wait—so I’m saying, regarding money, that’s exactly the point. Regarding money, people say: listen, your money is not worth more than my dignity. But in testimony that concerns prohibitions—preventing someone from committing a prohibition—you need to go testify in religious court that the woman is forbidden to him. He cannot marry her, okay? And I don’t want to testify before judges who are smaller in stature than I am; my dignity doesn’t allow me to testify before them. Am I obligated to do that? So the Talmud says—or Tosafot says—whether they are even allowed to summon you at all?
[Speaker E] What? If they are allowed to summon you—I think that appears there.
[Rabbi Michael Abraham] I don’t remember. Rav Huna there with some story like that, maybe. I don’t remember anymore. In any event, generally—we won’t go into the topic right now, I don’t remember its details. So Tosafot says there, in one of the explanations—there are two explanations in Tosafot—one explanation says that if as a result of my testimony that other person will commit a transgression through active performance, not through passive omission, as a result—
[Speaker D] of my non-testifying—
[Rabbi Michael Abraham] of my testimony, really, because I come to testify in order to prevent him from violating a prohibition. I tell him, listen, this is forbidden, or something like that. This thing—pork—is forbidden for you to eat. To testify, okay? I don’t want to testify, fine. Or: this woman is forbidden to you and you’re going to marry her. I don’t testify, then you’ll go marry her—that is a transgression through active performance. Since that is the case, human dignity does not justify a transgression through active performance, says Tosafot. But if that person would transgress through passive omission, nullify a positive commandment or something like that, then I can refrain from testifying. Fine? That’s what Tosafot says. What is the meaning of this? What lies behind it? So I brought there that several later authorities formulate it one way or another. I brought Kehillot Yaakov; there is also in Kovetz Shiurim, pamphlet on Divrei Sofrim. He says that in all these clashes—say, between human dignity and a prohibition—we say that a prohibition through active performance is not overridden, but a prohibition through passive omission is overridden. This can be understood in two ways. It can be understood that a prohibition through active performance is more severe than a prohibition through passive omission, and therefore a prohibition through active performance is not overridden, while a prohibition through passive omission is overridden. But it can also be understood otherwise: no, there is no difference. And that is what I said before—why should there be a difference between a prohibition through active performance and a prohibition through passive omission? Bottom line, this is what the Torah forbids. What difference does it make whether you do or do not do? Bottom line, you are not obeying the Torah. So really there is no difference; transgressions through passive omission and transgressions through active performance are the same thing. So why does human dignity override only in passive omission and not in active performance? So he says as follows. If human dignity stands opposite the prohibition, right? Let’s say the example: I see—and this is a dispute between the Rosh and Maimonides—I see someone wearing mixed fabrics in the marketplace. The question is whether I now have to go and strip it off him there in the marketplace, which humiliates him, okay? He’ll be left without clothes in the marketplace; that’s unpleasant, okay? On the other hand, he’s walking around in mixed fabrics, and that is called active performance.
[Speaker B] What do you mean? Am I obligated to make sure the other person doesn’t transgress?
[Rabbi Michael Abraham] Yes, you have to look after him. Mutual responsibility and things like that. So if in the end he is violating a prohibition through active performance, then human dignity is set aside in the face of that. Human dignity does not override that, and therefore you have to remove his clothes. That’s what Maimonides says. The Rosh says, what are you talking about? You violate the prohibition by not warning him—“you shall surely rebuke your fellow,” you violate the prohibition. Your prohibition is through passive omission. So if human dignity is not set aside before a prohibition of passive omission—rather, human dignity overrides a prohibition of passive omission—then don’t tell him anything and everything will be fine, okay? So according to the explanation of the two sides in Kovetz Shiurim, the point is this. Suppose I’m now talking about myself, not somebody else, okay? I myself am wearing mixed fabrics. Now the question is: if I discover that it is mixed fabrics and I am in the public domain, taking off my clothes and remaining in my underwear in public injures my dignity, but on the other hand I’m violating a prohibition, okay? So he says like this. Suppose mixed fabrics were a positive commandment and not a prohibition, okay? There were a positive commandment not to walk around in mixed fabrics, okay? So when they tell me—no, actually it doesn’t matter—if I am wearing mixed fabrics and there is a prohibition against wearing mixed fabrics, while on the other side there is human dignity, because removing the mixed fabrics injures my dignity, then there is a clash. What happens when the clash is equal? When the clash is equal, passive omission is preferable, right? When there is a clash between two equal values, say a positive commandment versus a positive commandment, or a prohibition versus a prohibition, then the rule is: passive omission is preferable. A positive commandment overrides a prohibition, but a positive commandment versus a positive commandment—the rule is passive omission is preferable; or a prohibition versus a prohibition, right? When both sides are equal, you do nothing. Now what happens if there is a clash between human dignity and the prohibition of mixed fabrics, as in our case? So let’s assume that human dignity is equal in status to the prohibition of mixed fabrics, same weight. What should I have done in that situation? Nothing. And then what would happen if I did nothing? I would be violating the prohibition of mixed fabrics, right? I would be violating the prohibition of mixed fabrics. So he says: then why am I allowed to violate the prohibition of mixed fabrics? Not because the prohibition of mixed fabrics is light, but because the prohibition of mixed fabrics is equal to human dignity, and in such a situation I act by passive omission. The passive omission means that de facto it turns out that I violate the prohibition of mixed fabrics; the result is that I violate the prohibition of mixed fabrics, right? By contrast, if I have a prohibition—say I have human dignity and I have to jump into a river to save my friend, okay? I have to transgress—no, actually that’s not a good example, that doesn’t oppose it, right. Let’s say I have human dignity versus putting on tefillin. Suppose that for some reason putting on tefillin goes against human dignity, fine? Then in such a case there is a clash between human dignity and tefillin, and again, not putting on tefillin is only nullifying a positive commandment, okay? It is only nullifying a positive commandment. But the assumption is that nullifying a positive commandment is not lighter than a prohibition. So why can I nonetheless violate the positive commandment in order not to injure my dignity, because of human dignity? Because if my dignity clashes with putting on tefillin, then the rule is: since they are equal, passive omission is preferable. So what do you do? Passive omission means don’t put on tefillin, right? Don’t put on tefillin means nullify the positive commandment, right? Not because the positive commandment is lighter, but because when passive omission prevails, it de facto comes out against the Torah. If my human dignity tells me, eat pork, then it tells me passive omission. Passive omission means: don’t eat the pork. So when there is a prohibition against human dignity and the rule is passive omission, then passive omission means do not violate the prohibition. But not because the prohibition is more severe; rather, to violate the prohibition you would need active performance, and passive omission means not violating the prohibition. By contrast, with a positive commandment that clashes with human dignity, again it is passive omission, and passive omission means do not perform the positive commandment—you go against what the Torah says, right? So again, the difference between a positive commandment and a prohibition is not because violating a positive commandment is lighter than violating a prohibition, or because a transgression through passive omission is lighter than a transgression through active performance, but simply because the solution in both cases is passive omission. It’s just that passive omission in this clash comes out in line with the Torah, and in that clash it comes out against the Torah. That’s all. The character of the prohibition is simply different; it dictates a different result, not because the prohibition is more severe. Do you understand what I’m saying?
[Speaker F] Since when is a commandment called equal? I’m asking a question that everybody knows—what does it mean, what is an equal commandment? How do you weigh them?
[Rabbi Michael Abraham] A positive commandment versus a positive commandment is considered equal, same weight.
[Speaker F] How do we know the weight?
[Rabbi Michael Abraham] No—this is a positive commandment and that is a positive commandment.
[Speaker F] The moment this is a positive commandment and that is a positive commandment, if—
[Rabbi Michael Abraham] If there is a positive commandment against a prohibition, then the rule is that the positive commandment overrides the prohibition. But if there are two commandments of the same type—either two prohibitions or two positive commandments—two prohibitions or two positive commandments, or—
[Speaker F] two positive commandments, okay?
[Rabbi Michael Abraham] Then they are equal. And once they are equal there are no rules of override, so what do you do? You do nothing; there’s nothing to do. So now: human dignity versus a prohibition. The question is whether human dignity overrides the prohibition because it is more important than it, or whether it overrides the prohibition because they are equal and passive omission is preferable. In that case you simply do not need to do what the Torah says—passive omission is preferable—but then that works only for a positive commandment and not for a prohibition, because with a prohibition, when they are equal, you don’t do anything, and not doing anything means you don’t eat the pork. Active performance—whether the transgression is through passive omission or whether the transgression is through active performance. That’s what I’m talking about, not the prohibition or the positive commandment. Okay? So when the transgression is through active performance, then the rule is that passive omission is preferable. So I don’t commit the transgression. Right? But if the transgression is through passive omission, then the instruction is passive omission. That means: commit the transgression through passive omission. Okay? I didn’t get into prohibitions and positive commandments; I got into the question of how the transgression is committed.
[Speaker C] You said earlier that in any case it has to be different. In what cases? If in substantive passive omission—not the practical one—
[Rabbi Michael Abraham] No, no, I haven’t gotten to the conceptual one yet. Right now the definition is still practical, okay? Just for the sake of simplicity. In a moment I’ll move on.
[Speaker B] Then what will happen is that the commandments won’t be equal, because one will be a positive commandment and one will be a prohibition.
[Rabbi Michael Abraham] Now look, what happens now according to my new definition—not the practical definition. Seemingly the rule is that it goes according to the manner of the transgression, not according to the type of commandment, positive or negative, right? Because in the end I’m saying passive omission is preferable. And passive omission is preferable simply means not to do something.
[Speaker B] No, but first you have to see whether the commandments are of equal weight or not.
[Rabbi Michael Abraham] Okay, I’m saying they are of equal weight. No—human dignity now. Human dignity versus a commandment. Versus a positive commandment or a prohibition.
[Speaker B] No, then it’s not a positive commandment.
[Rabbi Michael Abraham] Human dignity is a value. It’s not a positive commandment. It’s a value. It’s a value that is equal in weight to a commandment. Equal to which kind of commandment? Positive or negative? All commandments. They’re all equal to one another.
[Speaker B] Positive and negative commandments are also equal to one another.
[Rabbi Michael Abraham] No. Yes. That’s what he said. No, that’s something else, that’s in different circumstances. But positive and negative commandments—that’s what Rabbi Elchanan says. A positive commandment and a prohibition are equal in weight. There’s no relation of severity such that a prohibition is more severe than a positive commandment, or that an active violation is more severe.
[Speaker B] If you have a situation where a positive commandment and a prohibition clash head-on—
[Rabbi Michael Abraham] That’s something else. That’s a positive commandment overriding a prohibition. That’s a different rule.
[Speaker B] What do you do? You do the positive commandment.
[Rabbi Michael Abraham] Exactly. But not because it’s more severe. More weighty? No, not because it has more weight. Because in such a case, for example, Rav Nissim Gaon says that when there’s a positive commandment מול a prohibition, then there is no prohibition. It’s permitted. The prohibition was never stated about such a case.
[Speaker B] But with overriding—tell me if—
[Rabbi Michael Abraham] If I’m mistaken, what you’re saying is the “set aside” model. There is a prohibition, but it is more severe, and therefore it pushes aside the positive commandment—or there is a positive commandment and therefore it is more severe. He says no: there are explanations that do not base this on relative severity. Okay? In the book there are many explanations of this. So Rabbi Elchanan’s assumption, on this side of the issue, and in Kehillot Yaakov, is that there is no difference between a positive commandment and a prohibition in terms of severity. And there is no difference between active commission and passive omission in terms of severity. No difference. It is not a difference of severity. It is a difference of character—how one violates it. If you violate it actively, right? Then when this clashes with human dignity and you tell me that passive omission is preferable, then in practice the result will be that you do not commit the transgression. But if one violates it passively, then when they tell you passive omission is preferable, they’re telling you: violate it passively. Okay? And there is no relation of severity. Everything is equally severe. Positive commandment, prohibition, and human dignity are all on the same level. Everything is on the same level. And nevertheless, human dignity will override a transgression in passive omission, but will not override a transgression in active commission. That is on the practical plane. Now let’s move to my definition. It overrides shaatnez.
[Speaker G] What? A positive commandment overrides a prohibition.
[Rabbi Michael Abraham] A positive commandment overriding a prohibition is a different discussion. That’s what I asked earlier. I’m talking about something else—human dignity versus a positive commandment, or human dignity versus a prohibition. Okay? So what happens now according to the non-practical definition, the principled one? According to the principled definition, then seemingly it really does not go by positive versus negative commandment. It goes by the question of how the prohibition is violated. It doesn’t matter whether it’s a positive commandment or a prohibition. Because in the end positive and negative commandments are of equal weight. There’s no difference in severity. They only tell me passive omission is preferable. Passive omission is preferable is always practical, right? Passive omission is preferable means you should always sit still. It doesn’t matter whether it’s a positive commandment or a prohibition. And then indeed the point would be that human dignity sometimes overrides even a Torah prohibition—as long as you violate the prohibition by passive omission. For example, jumping in to save a person in the river, right? How do you violate that prohibition? Not by active commission, but by passive omission. I don’t jump in and save him, right? And if it’s a matter of human dignity, in the sense that I’ll be wet in a bathing suit and so on, everyone will see me in a bathing suit—no, I’m not willing to jump in and save him. Then in fact I could refrain, even though it’s a prohibition. Since that prohibition is violated by passive omission. Right? That’s what would seem to come out. And then this overlap between prohibition and positive commandment, and human dignity, is severed. Human dignity can override both prohibitions and positive commandments—it depends how you violate them. If you violate them by an act or by omission. Okay? Yes?
[Speaker D] Wait, you were talking about saving lives? Saving lives is beyond—
[Rabbi Michael Abraham] As an example. No, no, no. I’m speaking right now as if it were only a prohibition. Leave aside for now the question whether perhaps it’s more severe because there are lives involved. A big question—seemingly it’s not clear why—but… human dignity. Human dignity is not a commandment. I mean, what—your life is preferable to my dignity? I don’t want to give up my dignity. Fine, let’s leave that, that’s a different discussion. But I want to claim that this is not correct. I want to claim that even according to my definition, it could be that human dignity overrides only positive-commandment obligations and not prohibitions. Why? Because there are situations in which when I get up and do an act, that is called passive omission. As I said before, passive omission has undergone abstraction. And then my claim is that human dignity overrides Torah prohibitions in passive omission because human dignity can permit you not to be in a positive state. It cannot permit you to be in a negative state. That is the meaning of passive omission and active commission. Now if that is so, then we return to the distinction between positive commandment and prohibition, regardless of how the prohibition is violated. And therefore it really is true—as I wrote in several articles—that there are situations in which passive omission is preferable means doing an act. Passive omission is not always—let me give you an example. In one of the articles I dealt with the separation of Siamese twins. There are two conjoined twins, say they have one heart. They’re joined together, they have one heart, and they are two bodies joined together, and the heart operates both bodies. Now there are many situations in which doctors know that within nine months, ten months, these children will die. The heart won’t be able to sustain two babies, to maintain two bodies. So within nine or ten months they die. The only way to save one of them is to do separation surgery. To separate them, give the heart to one of them, and then one will live and one will die. So the question is whether one may do such a thing. If the situation is symmetrical—that is, there is no one who is the natural owner of the heart and the other is merely a parasite trying to draw from it too, but rather the heart really belongs equally to both of them—then all the halakhic decisors say it is forbidden. All the halakhic decisors say it is forbidden. And I wrote an article about this; I argued that it is permitted—not just permitted, obligatory—to do such a thing. And I justified it, and I think I don’t understand how one could argue with this at all. It’s obvious that it’s correct. But I said, among the additional arguments, I said: suppose you are in doubt whether I am right or not. Is it permitted to do this surgery or not? So then what should be done while you are in doubt? Passive omission is preferable—don’t do surgery. I said no. Passive omission is preferable means do the surgery. Why? Because passive omission is preferable means pay the minimal price. And that is called passive omission is preferable. It’s the principle that the price should be minimal. Passive omission is preferable—who knows, you don’t know, let’s choose the safest way or the one with the lowest price. That of course continues what I said before. Because passive omission does not mean doing something passive; it means paying the minimal price. That is exactly the principled and not practical interpretation of passive omission is preferable. The concept of passive omission is not a practical concept, it is a principled concept. And therefore I abstract it. I say passive omission does not mean not doing; it means take the minimal price. Now I’m saying: you can save a person’s life, right? Or you can leave them both to die. You are in doubt whether you are permitted or forbidden. I said passive omission means leave one, and the other will die in any case—what can you do—but at least save the one.
[Speaker C] And who gave you permission to kill? What?
[Rabbi Michael Abraham] What prohibition of killing? You’re not killing; he is dying anyway. And if you do nothing, then what’s the problem?
[Speaker C] What’s the problem with not separating, and then one dies that way?
[Rabbi Michael Abraham] You can’t decide which one of them to save. Buridan’s ass.
[Speaker C] You can’t, like—
[Rabbi Michael Abraham] Buridan’s ass. You can’t decide whom to save, and so you leave both to die.
[Speaker C] And then in order to save one you kill? How do you save him—you kill one of them?
[Rabbi Michael Abraham] I do separation surgery. But are you killing? Not killing. I wrote a responsum about this there. The Chazon Ish—that if, say, someone shoots an arrow at a person and you divert it, he discusses there an accident, someone driving a car—so that is an act of rescue, not an act of killing, and it hit somebody else. So he says: you engaged in an act of rescue, not in an act of killing. You saved that one. True, you didn’t notice and it killed someone else, but it was an act of rescue, not an act of killing. An obligation. So the question is whether this is even called murder. So there is one argument—there are lots of arguments here, I’m simplifying a great deal just to illustrate. So one argument says: since this is Buridan’s ass, you do not know how to decide whom to save, and therefore you may not do anything. You may not prefer one over the other. Who are you, the Holy One, blessed be He? You cannot decide in favor of one, and therefore passive omission is preferable, do nothing. I say: this passive omission—for me, passive omission means doing the surgery. That is called passive omission, not refraining from doing the surgery. Why? Because I’m talking about the—be in a state, don’t be in a positive state—that is not the same as being in a negative state. Leaving someone to die is a negative state.
[Speaker D] But that is only if the Rabbi assumes that the harm here, supposedly, in the surgery is the minimal act. Right. Meaning, you have to say that this is the minimal act.
[Rabbi Michael Abraham] I’m saying there are several levels here. First, you have to discuss whether there is murder here. Second, you have to discuss—even if there is no murder here—whether I am still allowed to hold a lottery and decide that one person will be saved and not the other. Who am I to decide specifically for him and not for him?
[Speaker C] What prohibition would I be violating? What? If I make a lottery, what prohibition would I violate when I kill the—
[Rabbi Michael Abraham] You are determining who will die. Murder by indirect causation—I don’t know, call it that—even if it is not an act of murder. But still, you decided that he will die and not the other. So it’s by indirect causation; that too is forbidden. Maybe you are not liable to the death penalty for it, but certainly it is forbidden. Okay.
[Speaker D] There are those who say it is preferable that both die, no? No, clearly. That’s the question of “who says your blood is redder”; as a matter of Jewish law we rule that not—
[Rabbi Michael Abraham] The reasoning is that of Rava and Rabbi Akiva. In the Torah, Rabbi Akiva. So I say, okay, never mind, this is a much more complicated topic. I raised several arguments there, one on top of another. But there is one point I want to take from there: what I claimed there is that doing an act is what is called there passive omission. Because that is the minimal state. The minimal state is that one should live. Anyone who wants to say that both should die bears the burden of proof. Because you are trying to take something from me; I want to save one person. One person I can save. You want to tell me to leave them both to die? You prove it—in the sense of, as with who bears the burden of proof. It can be framed in various ways. The minimal thing is first of all to save somebody. If you want to tell me not to save, prove it. You have to show me—you are trying to force me to do something less reasonable, less natural, less called-for. So that is called active commission. Passive omission means doing the separation surgery. And in many places you can see this. There are many places where you have two possibilities. Even, say, in a pressing circumstance, someone—there too one can discuss how to interpret it. You can be lenient like a certain view in a pressing circumstance even though we do not rule that way as a matter of Jewish law. Where did we ever say that in a pressing circumstance one may commit transgressions? If you rule like the other view, then acting according to that view is a transgression. Where did we ever say that one may commit transgressions in a pressing circumstance? The claim is that when you rule like the other view in a place where you did not really decide, usually you go with the other view because passive omission is preferable. When there is a pressing circumstance, or that is the more minimal, safer view, or something like that—when there is a pressing circumstance, then that more minimal, safer view is this one. That is the claim. So that is one possible explanation, of course, it’s not necessarily… that’s apparently what emerges from the Rema. The Rema at the beginning of Torat Chatat says there that he never ruled leniently against Jewish law. He has several leniencies that go quite far: new grain outside the Land of Israel, ordinary gentile wine, he has various things, kiddushin on Sabbath eve, various things. He says that nowhere did he ever rule leniently against Jewish law. Fine—but if it’s not against Jewish law, then what does it mean to rule leniently? That is Jewish law. The point is that usually we rule like the other view, but in a pressing circumstance we rule like this view, and that is not against Jewish law, because even following the other view is not that Jewish law says to follow the other view; rather, that is the minimal act, because you are in doubt. If there are no constraints, you rule like the other view because it is safer. But in a place where there is a pressing circumstance, then here this is the safer view—even though here, seemingly, you are violating Jewish law. No, because here this is actually your passive omission. Call it the minimal price. It is the minimal-price view because it is a pressing circumstance. You will not pay the price of the pressing circumstance; that is a decision of minimal price. Okay? Very often there is this hesitation—well, which view should we follow?—and the intuition of halakhic decisors is that passive omission is preferable. But passive omission is not always practical. Passive omission is very often principled passive omission. What is the natural approach and what is the less natural approach. Okay? And sometimes the natural approach is to do something. To save a life, for example, as you mentioned earlier, yes—what we said earlier: not to jump into the river to save someone because of human dignity. So not to jump—what is passive omission here? Is passive omission here not to jump? Passive omission here is yes, to jump. Because that is the minimal thing. First of all you are obligated to save. Whoever wants to argue that he should not save should bring proof. Let him bring proof that you are allowed not to save—there is a person’s life here. Do you understand? So much of this is the intuition that Arik mentioned earlier: I think here it’s a human life—what do you mean, what do you mean a prohibition violated by passive omission, what’s the problem? There is some intuition here that says no, here passive omission is to save. Therefore it is also defined as a prohibition. Why is it defined as a prohibition and not as a positive commandment? After all, it requires me to do something. So why is it a prohibition?
[Speaker D] It’s a prohibition because they tell me if you—
[Rabbi Michael Abraham] If you do not act, you are in a negative state—not that if you act you are in a positive state. If you do not act, you are in a negative state. Who permitted you to be in a negative state? Not to save? So that is passive omission. A negative state is active commission; to be in a negative state is active commission, even though in this case I bring about the negative state passively. Fine—that is active commission. Now I started to say earlier that there is a dispute between the Rosh and Maimonides regarding what happens with human dignity when what stands against it is another person’s transgression. My human dignity, when someone else, because of my human dignity, will commit a transgression by active commission. So Tosafot says—what? “Do not place a stumbling block”? That someone else will commit a transgression by active commission. No, not “do not place a stumbling block.” He will commit a transgression by active commission. I do not come to the religious court to testify because it is humiliating for me to stand before judges who are lesser than I am. But if the religious court does not know that this woman is forbidden to so-and-so, then he will marry her and commit a transgression by active commission. Tosafot says: in such a case my human dignity is overridden, because that other person commits a transgression by active commission. Now Maimonides also holds that way, and the Rosh disagrees with him regarding mixed fibers in the marketplace, because that too concerns someone else, okay? Although it is not exactly the same thing, because there too the human dignity is also someone else’s. Therefore the Noda B’Yehuda already begins this analysis with Maimonides and the Rosh. I am not at all sure they are right, but that is how they assume it: that human dignity with the prohibition—since the prohibition is somebody else’s—Maimonides and the Rosh disagree in Tosafot’s answer in tractate Shevuot. That is what they claim. The Noda B’Yehuda says that here. Now why do they bring this? Because if the prohibition committed by the other person is by active commission—if the conception is that human dignity being set aside in the face of an active transgression is not because of the severity of the prohibition, but because the directive when there is a clash is that passive omission is preferable—then automatically you are not committing the prohibition by active commission. But in the case of another person’s prohibition, it doesn’t belong to say: I am transgressing by passive omission. So what if he is transgressing by active commission? I am transgressing by passive omission, right? So why am I obligated to go testify? So what if as a result he will commit a transgression by active commission? If the conception is not that an active transgression is more severe, but simply that when there is a clash with an active transgression, passive omission means don’t do the transgression—here that is not true, because it is someone else who will commit the transgression by active commission. I am not going to testify—that is my passive omission, right? So why should I care that the other person is transgressing? This is proof that Tosafot, and Maimonides who follows that path, do not go with that side—that a clash is simply a clash resolved by passive omission. Rather, it really is a question of severity: active commission is more severe than passive omission, and therefore human dignity overrides in a case of passive omission but does not override in a case of active commission.
[Speaker D] Even though it’s someone else’s.
[Rabbi Michael Abraham] What? It is still someone else’s. Right, that is a novelty, but once you have said that novelty, one can understand that another person’s transgression—another person’s severe transgression too—justifies infringing on your dignity. Fine, that is an additional novelty, but I can justify that novelty with other explanations as well. If you’re already asking that, there is a fascinating phenomenon. It already appears among the medieval authorities (Rishonim); the Raavad already begins this discussion a bit. There is a sick person on the Sabbath. Now he needs to eat meat. The doctors say he needs to eat meat. There is no kosher meat. Okay? There are two possibilities: either he will eat pork, or some other non-kosher meat, or they will slaughter an animal properly for him. What should be done? Which is preferable? To slaughter an animal?
[Speaker H] To slaughter an animal? Why? Then at least he’ll eat kosher.
[Rabbi Michael Abraham] What? He’ll eat kosher, but you’re violating Sabbath law. Tosafot in Beitzah 9—
[Speaker D] There you bring—not you—
[Speaker H] If he eats pork, which is preferable?
[Rabbi Michael Abraham] So the medieval authorities (Rishonim) are divided on this issue. Okay? There are all kinds of fascinating explanations. There is the well-known Ran. The Ran says that if you slaughter,
[Speaker D] If you slaughter—
[Rabbi Michael Abraham] Then you committed one prohibition, and afterward he can eat the whole animal to his heart’s content. But if you give him pork or non-kosher meat, then every olive-sized portion he eats is another transgression. So even though violating the Sabbath is a more severe prohibition—a Sabbath prohibition is punishable by stoning—still it is preferable to slaughter rather than give him the… yes, this is the quip about Abraham our forefather and the Egyptians: “Please say you are my sister.” Isaac and Abraham ask there about the Egyptians—what were they… do you know this quip? Sort of semi-yeshiva pilpulim. Why—Abraham says to Sarah, “Please say you are my sister,” so that they won’t kill him. The question always is: what did the Egyptians think in the first place? What was their initial assumption? You want to kill Abraham so that she won’t be a married woman—what is preferable, the prohibition of murder or the prohibition of adultery?
[Speaker C] You want to avoid the prohibition of adultery by violating the prohibition of murder? So the simple answer is: if they violate the prohibition of murder, then they violate murder once, and from then on—
[Rabbi Michael Abraham] And from then on, the adultery is no problem, it is permitted. But if they violate adultery, then every act of intercourse… Ah yes, I didn’t know this Har Maimon source; I know it from some joker friend of mine from Bnei Brak. I always tell this story: we were sitting around some table, and he saw a book that he really wanted that belonged to someone else. So he said to him, look, I have two possibilities: either to take your book and violate “do not steal,” or leave it with you and violate “do not covet.” Now, since in any case I am violating a prohibition, at least let the book be with me. So I say—I see the source is Har Maimon apparently; he stole it from him, fine. In any event, where were we? Ah yes. So the point is that from the view of Maimonides and Tosafot in Shevuot, we see that the conception in a clash between passive omission and active commission, between human dignity and a prohibition, is not resolved by passive omission but by the degree of severity of the prohibition. Because if it were resolved by passive omission, then here I should not have to go testify; I could refrain from going to testify. Passive omission. Why should I care that he commits the transgression by active commission? What does that have to do with me? Okay? But if you say it’s a matter of severity, then the severity is that he is committing a transgression by active commission, that is a severe transgression, and to prevent it you are forbidden—you are obligated to forgo your human dignity because this is a severe transgression. And therefore Maimonides and Tosafot disagree with the Rosh in this dispute, on the question of how one decides a clash between human dignity and prohibitions. That is what they say. The truth is, I am not sure they are right. Why? Because as I said earlier, it could be that passive omission and active commission are conceptual passive omission and active commission. And then my claim is that when he commits a transgression by active commission, then in effect I am creating a negative state here. I may not preserve my human dignity in a way that creates a negative state. That is the definition of passive omission. It is not the halakhic definition of severity; rather it is a halakhic definition: passive omission means do not create a negative state for the sake of human dignity. If you are merely not in a positive state, fine—you can do that. Okay? But do not create a negative state. Now, with the additional assumption we made earlier, that another person’s negative state radiates onto my dilemma, I can adopt that in the second approach as well. And then I say that passive omission—even if the decision is always passive omission—it is principled passive omission, not practical passive omission. And then I can explain Maimonides and Tosafot that way too. Okay, in short, all these things really clarify one point. It took me a long time, but I’m clarifying one point. Basically, the concepts passive omission and active commission can undergo abstraction and become, in effect, synonymous with positive commandments and prohibitions. It is simply an abstraction of the matter. And therefore the practical explanation for the difference between a positive commandment and a prohibition is not wrong—not entirely wrong. It is simply a view that is, let’s call it, too concrete, a somewhat simplistic view. But it is still the correct view. When you abstract it, you arrive at the precise view. But it is an abstraction of the same issue; it is not a complete miss, this practical distinction between a positive commandment and a prohibition. Okay, so I’m done with that topic. I thought it would take me fifteen minutes. Now I’ll give the next example, which deals with the concept of money. What is money? Okay? There too we will do an abstraction of the matter, because the whole concept of money is one big abstraction. And here I’m going to do an abstraction within an abstraction, a story within a story. So the concept of money raises some non-trivial difficulties. First of all, maybe I’ll describe the accepted explanation of how this concept of money came into being. It is itself an abstraction. Because at first the economic market was basically conducted by barter, right? Meaning: I had tomatoes, you had a chair, you need tomatoes, I need a chair, I give you tomatoes, you give me a chair, and everything is fine. That is barter. Okay, the concept of barter is a form of acquisition that actually has no source in the Torah; they learn it from the Scroll of Ruth. Why? Because it doesn’t need a source. Barter is natural commerce; it is what people do. It’s not because Jewish law says so. All the forms of acquisition that we derive from the Torah are acquisitions where naturally people do not act that way, and you need someone to define that this too counts as acquisition, that this too counts as an economic act. So there you need a source, or reasoning, or whatever. But with barter you don’t need that; it is the simple natural act, this is how people act. Here you don’t need definitions from the Torah.
[Speaker I] Maybe you do need definitions of when the transaction is complete, okay,
[Rabbi Michael Abraham] Okay, clearly you need some definitions here, but the very concept of barter is a natural concept. It’s not—therefore too, by the way, they learn it from the Scroll of Ruth. Do they have a source from the Torah? So if there is a source from the Torah, why do I need the Scroll of Ruth? Because the Scroll of Ruth is simply an indication that this is how people do it, that’s all. It’s not a source; it’s just clarification.
[Speaker D] The wording there is as though in the end it’s a command form: “a man drew off his shoe.”
[Rabbi Michael Abraham] That’s how people act. It’s a description of how people act: “a man drew off his shoe.” It’s a description of what people are accustomed to do. There’s no command there; it’s not that. In any event, at first there was barter. Then problems arose—the market got stuck. Why did the market get stuck? Say you have a chair and I have tomatoes. You want tomatoes, but I don’t want a chair. I don’t need a chair; I already have chairs at home. So you want to give me the chair and get tomatoes, but I don’t need the chair. So what do we do? We have to find someone who has peppers and needs a chair, and you need peppers. So you’ll give him the chair, he’ll give you the peppers, he’ll give me the chair, I’ll give him the tomatoes—we’ll make a barter transaction through a third party. But then we have to find someone who specifically needs what I want to give and can give what you need, so he can mediate between us. Do I need three exchange rates? What? Yes, of course you need three exchange rates. Assuming exchange rates are known, you still need human beings who need these goods. Now this is a stuck market. Every time you want to buy tomatoes, go search the whole world for someone who has peppers and needs chairs in order to buy tomatoes. It’s absurd. By the time you find him, the other guy will already have sold his chair for eggs. You can’t run a market like this. So what do you do? The brilliant idea arose—really simple, but brilliant—of money. What does that mean? You now produce something that nobody needs, and everyone chases after it even though nobody needs it. That’s why money is idolatry. Money is something with no substance, yet people worship it. Meaning, that money has no use at all—exactly like an idol. So what money basically does is provide a concrete representation of the concept of value. The concept of value is an abstract concept. When you exchange ten tomatoes for a chair, what you are really saying is that a tomato is worth one-tenth of a chair. What connection is there? A tomato is a tomato and a chair is a chair. How are you putting them on one scale and saying that this is worth ten times that, or that this is more than that? When you rank things, you need to rank them on some common scale, right? What is the common scale of chairs and tomatoes? As I once asked: which is greater, human kindness or the water in the ocean? It’s not that I don’t know the answer—there is no answer. The question is meaningless, because they are not measured in common units. So what does “which is greater” mean? “Greater” means they are of the same kind, so here there are three and there there are two, and three is more than two. Three oranges are more than two oranges, but three oranges are not more than four degrees, nor less than four degrees of temperature. It’s irrelevant; they don’t measure the same thing. I once heard another good example of abstraction—we may talk about it later. So in what sense is the tomato—how is this rate created? This exchange rate, right, on which all barter is based. A rate basically says that there is another concept in the market, even though nobody sees it and nobody says it, and that is the concept of value. Basically we arrange all products on some scale, and that scale is called value. Then you say, okay, a tomato is one on the value scale, a chair is ten on the value scale, and now you say, fine, ten tomatoes equal a chair. But apples too are on the same scale, and tables too, everything—houses, everything—is on that same scale. So there is some abstract scale called value, and that’s it. What?
[Speaker C] Is that just fiction, or is it something real?
[Rabbi Michael Abraham] I don’t know, but the fact is they engaged in barter, and the fact is they exchanged the chair for ten tomatoes, not for eight and not for twelve. Which means there is a rate, so it represents something real. It represents something real. I don’t know what this thing is that it represents, but it represents something real. It’s not arbitrary; it’s not conventional. It is something real—yes, a force, how much it is needed. How much it is needed and against how much of it exists—of course supply and demand—that is what determines the value of things. But those are later ideas; right now I am talking at the most primitive stages of the market. So basically there is such a thing called value, an abstract concept. But if you understand that this is how it works, that’s why we need philosophers in the world. You see? The philosopher was the only one who could understand that there is here an abstract concept that nobody can point to and nobody knows what it is, and it is called value. And everything is ranked on that scale, the scale of value, which nobody has ever seen or heard, and nobody even talked in those terms. Do you understand? As long as there was no money, nobody could talk about value. What is value? Tomatoes are like a chair. If I ask what the value of a tomato is, the question has no meaning. When there is money, then you can explain to me what the value of a tomato is—two shekels, two shekels. Okay. But before that, you can ask me: do you mean in chairs or in apples? There is no such thing as the value of a tomato. It’s like, what is the difference between a hyrax? You know these nonsense questions? The question has no meaning. But after the philosopher diagnoses this concept called value, then suddenly you say, wait, so there are degrees of value. So a tomato is one on the value scale, a chair is ten on the value scale, a house is one hundred thousand on the value scale, and so on. From there it is a short road to saying: okay, then let’s produce things that have no use at all, just nonsense. Once it was salt, by the way. Salt was the medium of exchange. Why? Because it was common, there was a lot of salt. It wasn’t something rare?
[Speaker D] I thought because it was in places.
[Rabbi Michael Abraham] That it was rare? I may be mistaken, but it seems to me this arose דווקא in places where there was salt; it was just a marker. You take something easy to obtain in order to mark degrees of value.
[Speaker D] But if it’s easy to obtain, then it won’t have value. Meaning, it won’t be able to represent value, because anyone can bring salt.
[Rabbi Michael Abraham] No, when you use salt as a medium of exchange, then the salt has to be rare. Yes, it’s like Bitcoin—you need to produce Bitcoin, you need a hard puzzle in order to mine Bitcoin, because if anyone can produce Bitcoin then it has no meaning. But I’m saying, when you speak in terms of how many units of salt something is worth—leave it, I’m not using salt as a medium of exchange, I’m using salt as my unit of value—then it doesn’t matter. Fine, not important, it’s really a historical question, not interesting. So now I’m saying: the next natural step was, okay, let’s define the concept of money. And money means a tangible expression of the abstract concept called value. Now I produce these coins. Of course, once again, if anyone can produce as much as he wants, it has no meaning. The king has to mint them, and the king has to determine how many are produced, and he is the only one who can produce them, and that’s it. Or some institution, some authorized state authority. Otherwise anyone can produce as much money as he wants, and that’s that. And therefore there is a form on the money, because the king has to stamp the coins, and so on. And then money was created. Money is basically the concretization of the abstract concept called value. This reminds me of the famous joke: what is the philosopher’s dream, the height of his longing? That he is sitting in a dark movie theater, and suddenly the lights go on and someone shouts: is there a philosopher here? Doctors usually turn on the lights when there is an emergency and ask, is there a doctor here? Nobody ever needs philosophers, so his great longing is that one day the lights will go on in the cinema and someone will shout: is there a philosopher here? Meaning, of course, that will never happen. But here, in the roots of economics, some philosopher was sitting there, I’m sure. To diagnose this thing—that there is some abstract concept called value here—you have to be a philosopher. You have a process that, say, we just read in the weekly Torah portion, “four hundred shekels of silver, accepted by the merchant,” in the sense that these were, say, the weight of a certain material. No, so the question whether the coin is only representative or whether the coin itself must be worth its face value—that is another whole discussion, we won’t get into it now. Of course, after the philosopher comes the startup entrepreneur who turns philosophy into money. The philosopher stays poor. The startup entrepreneur says, okay, you found the concept of value; now I’m telling you, let’s produce things—coins or notes, whatever—that will represent the concept of value. And unbelievably, compared to this invention, the invention of the wheel is child’s play. It is unbelievable how powerful an invention this is. Because do you understand that it now frees the entire market? When I need a chair and I have tomatoes, and you don’t need tomatoes, what do I do? I give you money for the chair. You, with that money, will buy what you need. I don’t have what you need—so what? Go to whoever has what you need and buy it from him. No need for mediation. I can receive the chair when I need it, and you can take the money and buy what you need when you need it, and you won’t depend on whether the goods I have are the goods you need, or whether he will depend on the goods… on some person who has the goods he needs and needs the goods that I have. Okay? You don’t need to find such a person, because now everyone needs money—money answers everything. Yes, everyone needs it, and this frees the market. And that is basically the concept of value. The concept of money, sorry. The concept of money is the concretization of the abstract concept called value. Okay, now this process is very beautiful, because what I want to describe now is how we do the opposite abstraction: we go back from the concept of money to the concept of value, which is also an abstraction. And we talked about this—if you remember in the introduction, I said that many times there is some concretization; we carried out a process of concretization, which itself was really some kind of abstraction, and then returning from the concrete back to the abstract is also an abstraction. Okay? We saw a few examples of this there, and here too we will see exactly the same thing. So the concept of money, in the end, is founded on abstraction: you define it, you understand that in the background there is some abstract concept called value. You concretize it by producing coins that represent that concept of value, and now that is the situation we are in. Now the question is what happens next. The next stage is that we basically conduct transactions with money, so I pay money and receive goods, right? But sometimes I want to pay goods in exchange for goods—to go back, as it were, to barter. But I don’t want to go back to barter, because going back to barter clogs the market, and I don’t want to go back to barter. Let’s say you have a chair and I have tomatoes, okay? Now we were stuck, because without money you don’t need the tomatoes, and I need the chair, so what do we do? So there is money, and that solves the problem. Now if I don’t have money but I do have tomatoes, there is no problem at all. I’ll give you the tomatoes and you’ll give me the chair. The tomatoes I give you are not because you need tomatoes, but because the tomatoes are worth money. Now with those tomatoes you will buy the peppers that you need—what’s the problem? Pay with tomatoes. The tomatoes are worth money. Once the concept of money exists, the objects themselves can suddenly be perceived as expressions of the concept of money. Now I can use a book—rather than using it to read—as the equivalent of one hundred shekels. It is worth one hundred shekels, so I’ll give you the book, I’ll buy the chair with those one hundred shekels, and you’ll take this book—you don’t need this book, you’re not interested in this book. You’ll take this book and buy with it the chair you need; you’ll use it as money-equivalent. And the Sages say: money-equivalent is like money. What? A barter transaction? It doesn’t matter. A barter transaction is not exactly this, because usually it’s goods you need, but not—
[Speaker B] It doesn’t matter, it’s goods for goods?
[Rabbi Michael Abraham] It’s like that, yes. But here it’s not goods for goods. I’m using goods as money, and that is an important point—we’ll get to it.
[Speaker B] Here too I determine the goods…
[Rabbi Michael Abraham] You determine the value, but it’s still merchandise and not money. We’ll talk about that; I need the next steps in order to clarify this point, because that’s exactly the point I want to discuss. So in fact what I’m doing here, after the concept of money already exists, suddenly the possibility opens up that actually we never needed money at all, do you understand? We erase money and go back. After we invented the concept of money, we throw it away again; we don’t need it anymore, just like today, by the way. What do people do today? That’s what happens today—nobody uses money anymore. There are credit cards, Bit, all kinds of computerized transfers, you make an entry. You no longer need tangible things called money. Why? Because in the end, once I understood the concept of value, then I really don’t need its representations—why should I care? I transfer to you one hundred units of value. What difference does it make whether I gave you the object that symbolizes them or I just recorded in the bank that now you have one hundred shekels more in your account? Nothing happened except a bank entry; we didn’t do anything. But that doesn’t matter, because you don’t really have to transfer the money for it to happen. Money is only a symbol, so now I have another way to manage the inventory, to define for each person how much money he has and how much money he doesn’t have. It’s just inventory management, right? So in fact what I did in earlier periods, before there were checks and bank transfers and credit cards, which are maybe sophisticated methods, actually it could have been done back then too. I take the tomatoes that you don’t need, and I give them to you not as tomatoes but as the equivalent of one hundred shekels, an item of value equivalent to money as money. The question is whether there is a difference between that and a barter deal. I give you tomatoes and you give me a chair, right? Seemingly that’s what happened in primitive transactions, right? We exchanged tomatoes for a chair. Understand, we went a whole step and then came back to exactly the same point we started from. We began with barter, we freed up the market by inventing money, by identifying the philosophy of value, translating it into money, making it concrete in money, okay? And we freed the market. And now suddenly we say, wait, who needs the money? Let’s go back to the abstract concept of value. We invented enough philosopher; we don’t need the start-up guy. The philosopher is enough. Why? If I understand the concept of money—merchandise. Wait, if I understand the concept of money, if I understand the concept of value, sorry, then I don’t need money. The tomato is worth one hundred shekels. So I use the tomato as my currency. I give you the tomato in exchange for the chair. Not because you need a tomato, not because you’re going to need a tomato—go find someone who needs a tomato. Let’s assume the tomato keeps; leave wear and tear aside for the moment, okay? Find someone who needs a tomato and pay him with the tomato. What’s the problem? Why do I need to translate this into money? I don’t. Because once objects have value, you no longer need an objective representation of value. The objects themselves become the representation of value. And that’s what the Sages say: an item of value equivalent to money is like money.
[Speaker C] But it’s less practical, because it’s easier for me to use some kind of representation that I can produce.
[Rabbi Michael Abraham] Less practical, fine, but on the principled level it makes no difference. On the principled level you don’t need money. It’s less practical also because there’s wear and tear; the tomato spoils. Okay, but on the principled level I—
[Speaker B] I still have to find the same person who wants the tomato.
[Rabbi Michael Abraham] No, you don’t have to. Give the tomato to someone else. Suppose you want a table from somebody else. He doesn’t need tomatoes. Take the tomatoes I gave you, which you don’t need, and give them to him as money, until eventually they reach someone who does need the tomatoes. That’s what we do with oil barrels from the year 2200, right? People trade on the stock exchange in barrels of oil that will be pumped in two hundred years. Who knows whether there’ll be autonomous cars and nobody will use oil—but yes, they trade in future barrels of oil, future commodities.
[Speaker D] No, but not for two hundred years, I don’t think two hundred.
[Rabbi Michael Abraham] Doesn’t matter—future commodities. What are future commodities? In fact I don’t need the oil. I use these future commodities as some kind of equivalent of money; I buy it, but in the very end someone will get stuck with the oil itself, not with an entry saying he has future barrels of oil at his disposal—you get stuck with oil. Now you need to find someone who will also use it, otherwise you can drink the oil and recite over it, “By whose word all things came to be.” I don’t know; you’ve got nothing to do with it, right? In the very end it does have to be used. True, but meanwhile I can pass the tomatoes from one person to another until someone uses the tomatoes. Well, same with the oil—that’s the assumption. Why do people sell the oil? Because the assumption is that in the very end, when it becomes actual oil and not theoretical oil, there will be someone who needs it, because oil is useful. And with things that aren’t useful you can’t do that. Otherwise what’s the problem? I could have sold you barrels of fairies that will be drawn from the seventh heaven in two hundred years, no problem. I can pass them to you and you’ll pass them to him and we’ll do transactions, everything is fine. The problem is that in two hundred years someone will get stuck with those fairies, and now what are you going to do with them? I don’t know. It’s like Leah Goldberg’s story—do you know the story about the three nuts? “There was once a tale of three nuts full of secrets and mysteries, and whoever discovers their secret will be the happiest man in the world,” right? It’s a very famous children’s story. That’s exactly it. It’s exactly the story of money. He takes the nuts, they have some wonderful secret, he doesn’t say what the secret is, he gives them to the next person and gets from him what he wants. The second person walks around with the nuts and has no idea what to do with them; he needs someone else to take the nuts and then he gets what he needs. And they pass the nuts from one person to another, and nobody ever uses the nuts, but it solves all the—
[Speaker E] problems. The nuts themselves have no value of their own, but if you—
[Rabbi Michael Abraham] believe they have value, then everything is fine. Or maybe it’s a little like the Talmudic text, where in the end, from the best of his property I collect payment from the damager. Yes, so it’s an equivalent of money, but an equivalent of money is something that really does have value in the end. But an equivalent of money really is worth something in the end. It’s not the same thing. It’s equivalent to money like ordinary money, but the nuts aren’t worth anything; you just believe in them. That’s symbolic money. It’s like in the army, you know, in our company, if someone was getting discharged and he was missing something, some piece of equipment, he’d take it from the guys and clear out on the equipment. And then they were missing equipment too, right? When they got discharged, they’d take it from some company that was still around, right? And it all works, and there’s never any problem—as long as everyone is a gentleman and everything keeps going as usual, everything will be fine. When the Messiah comes and they dismantle the army, they’ll be short on fatigues. No, every once in a while there are wars—
[Speaker D] and then they say there’s missing equipment.
[Rabbi Michael Abraham] Fine, fine, on base, on base.
[Speaker D] Yes, but—
[Rabbi Michael Abraham] there’s equipment you don’t need, you know. There’s equipment you don’t need that people just sign for. So there you go—that’s exactly the same thing. You can decide that something has value and pass it along; if everyone agrees that it has value, then it has value. That’s currency; that’s exactly currency. The coin has no value in itself, but we all agreed that it has value—no problem. But on the other hand, as I said before, you can also do this with actual merchandise. And when I pay you with merchandise as an equivalent of money in exchange for other merchandise, we have not returned to barter—that’s my claim. We have not returned to barter, because the merchandise here serves me as value, not as merchandise; you don’t need these tomatoes. This is still a developed market; it’s not the primitive barter market.
[Speaker D] They really should have skipped that stage.
[Rabbi Michael Abraham] Exactly. If they had been smart, if the philosopher had been smart and had given up on the start-up guy from the beginning, then he really could have started directly with the barter transaction and defined it as a money transaction and not as a barter transaction, while using only merchandise. That’s all.
[Speaker D] It could be that indeed that’s really how it was before they invented money, except that money—
[Rabbi Michael Abraham] No, that’s barter. But the fact is that they invented money, because they invented it because there was a need.
[Speaker D] It got stuck without it. There was a need; this method was simply first of all practical.
[Rabbi Michael Abraham] Because of practicality. Okay, fine. We won’t argue about history; it’s not important. Could be. I’m saying, the nice point here is that when you understand this simple description that I gave here, you’ll see how many problems it solves that the later authorities struggle over and don’t understand. It’s simply unbelievable. And questions that seem to have no way out. Simply—once you understand this, everything is clear. Good.