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On Jewish morality and hypocrisy

שו”תCategory: moralOn Jewish morality and hypocrisy
asked 3 years ago

In the SD
To the honor of the Rabbi,
It is known that there are issues in which the attitude of the law towards a gentile arouses in quite a few Jews who observe the Tomah (Tomach) a certain degree of discomfort (to put it mildly) and moral doubts. Does this stem from the fact that the Jew is seen as acting hypocritically and unfairly, at least as long as he enjoys life in a Western society that does not distinguish between Jew and gentile? To clarify the question, I will put it this way: If the Jew were to declare in a public forum that the gentile is entitled to treat him exactly as he would treat him – if he saw him dying and could evade help without social consequences, that he would not be saved; if he found his loss, that he would not return it; if he could trick him in some way during negotiations that were not actually robbery, that he would do so – and that from his perspective he would have no claims against him and would not take him to court even when he was permitted to do so by the law of the kingdom, would this solve the moral problem?
Thank you very much for your time and all the best.
 
 


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מיכי Staff answered 3 years ago
No. Moral obligation is not a matter of agreements. I am not allowed to kill someone even if I allow them to kill me. If they do, then they are a criminal just as I am a criminal. Regarding Halacha and Morals, I elaborated on this at the beginning of my book Mahalachim Bin Ho’addim, as well as in my lessons on Halacha and Morals. It is difficult to go into detail here on such a broad subject. See also Column 15 and much more. In short, it means that the law does not pursue moral goals and therefore is not bound by morality. But morality also stands in parallel with it. Therefore, it is possible for a halakhic command to contradict a moral command, and in such a situation there is a conflict between opposing values, but there is no problem in principle that the law is not moral. It has its own justified goals and the price of their existence is in moral currency. In such a conflict, sometimes the law prevails and sometimes morality (see the criteria in the above sources).

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h replied 3 years ago

Why is moral obligation not a matter of agreements? Doesn't morality have a human being's share in the place? So that the moment he allows you to harm him, then the moral prohibition disappears?

מיכי Staff replied 3 years ago

I did not say that there is no forgiveness for a moral obligation, although that may also be true. I said that your permission to do the same to me does not permit you to do something immoral to me. A person can allow the whole world not to restore his losses to him, and that does not exempt him from restoring losses to others.

On the 8th of Elul, 5722

The mitzvah of Shabbat Avidah in the Torah, which prohibits ignoring the lost object, but rather taking it and searching for the lost one by announcing it, and in the meantime committing to safeguarding the object even if years pass before the lost one is found – is not included in the Seven Commandments of the Noahide. This is a mitzvah that the Torah imposed only on the Israelites out of the obligation of solidarity with ’your brother’.

In the reality that existed in the days of Chazal, it was clear that a Gentile would not bother to return a lost object to either a Jew or his own people, and therefore even an object found in a city with a majority of Gentiles – is presumed to have been lost by the owner, who had given up on it and was a traitor. There were places where the monarchy established that ‘everything lost belongs to the king’, that the loss, like an abandoned object – became the king's property.

But the idea that the finder would go and look for the lost one in order to return his loss, was a delusional Jewish idea, suitable for a crazy people who are willing to spend more than a seventh of their lives idle. Only such idlers have time to look for the lost one in order to return his loss 🙂

The personal example of the Jews and their lofty moral leadership, which led them, among other things, to return losses to their Gentile neighbors, even before the law – led to the partial acceptance of the Bible and some of its religious and moral values among the world's culture, and as part of this trend, the value of returning a lost item was also partially absorbed.

The obligation of the foundling to stop his life and collect the lost item and search for the lost person, of course, would not even occur to them today *). The universal human requirement today is that if you want to take the lost item – bring it to the nearest police station, where the item will wait for you for several months, and if the lost person does not arrive – the foundling will be entitled to it.

Apparently, this obligation also applies today to the loss of a Gentile, both from the perspective of ‘Dina de Malchuta’ and from the perspective that today the lost Gentile does not despair, since there is a chance that the foundling will bring the item to the police. In the case of a Gentile loss, it turns out that after the three-month wait, the foundling will be entitled to the loss as ’Dina de Malchuta’. In contrast to the loss of a Jew – It seems on the surface that the obligation to declare and preserve the loss will not expire after three months, and he will continue to be a ‘keeper of the loss’ until he finds his brother who lost it

With blessings, Menashe Barkai Buch-Treger

*) In some modern legal systems, a person is not allowed to stop his life even to save the life of his friend! Such is, for example, the English law that the State of Israel inherited from the Mandate. Until Rabbi Hanan Porat, who, as a MK, initiated a change in the law that requires a person to save the life of another.

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