חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

Means and Ends – Lesson 4

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.

🔗 Link to the original lecture

🔗 Link to the transcript on Sofer.AI

Table of Contents

  • Consequentialist considerations and the near-zero impact of the individual
  • Theft, “this one benefits while that one does not lose,” and the trait of Sodom
  • Expected value, the St. Petersburg paradox, and rejecting the statistical justification for voting
  • Moral intuition, mistaken arguments, and Kant as a solution
  • Kant’s categorical imperative and the distinction from the consequentialist claim “what would happen if everyone…”
  • Vote-offsetting and offsetting gifts to the poor
  • Leavened food owned over Passover, the sale permit, and a stringency that cannot become a universal law
  • The prisoner’s dilemma, Golden Balls, and recovering the right result through a non-consequentialist consideration
  • Morality in games, fouls in sports, and the question of deception
  • The individual as “an organ within the collective,” the Passover offering, and impurity being permitted for the community
  • Social coercion, liberalism, and drugs as legalization

Summary

General Overview

The lecturer explains how consequentialist reasoning can lead to the conclusion that there is no obligation to perform acts usually seen as moral, such as voting in elections or paying taxes honestly, because the action of one individual has almost no measurable effect. He argues that the human intuition in favor of such obligations is not really based on utility and outcomes, but on a Kantian principle of testing the universalizability of an act through a thought experiment. He adds that paradoxically, giving up utilitarianism at the individual level is precisely what allows for good social outcomes, and he connects this to the prisoner’s dilemma, to the relation between individual and collective, and to halakhic examples such as leavened food owned over Passover, the sale permit, and the Passover offering, as well as to the question of social coercion in cases like the legalization of drugs.

Consequentialist considerations and the near-zero impact of the individual

The lecturer argues that voting in elections seems unjustified consequentially for the individual, because the chance that one vote will determine a seat is practically zero except in tiny cases, such as the story in Tzafria where a small number of voters made an exact tie possible. He presents tax evasion, or not paying taxes honestly, as another example in which a thousand shekels makes no difference to the state’s plans and therefore creates no visible real loss. He emphasizes that the right consideration for evaluating an individual’s decision is the difference between “if I do it” and “if I don’t do it,” and given that everyone else will continue according to their own decision, the difference is zero, and therefore “passive inaction is preferable” in consequentialist terms.

Theft, “this one benefits while that one does not lose,” and the trait of Sodom

The lecturer raises the possibility of viewing taxes as payment for services and therefore non-payment as theft, but argues that even if it is formal theft one can still ask what the moral problem is when the victim suffers no loss. He brings up “this one benefits while that one does not lose” and cites the Pnei Yehoshua in Bava Kamma 20, who says that by strict law there is an obligation to pay for benefit, and only because “we compel against the trait of Sodom” is collection considered immoral, and therefore the ruling is exemption in the case of a courtyard not meant for rent. He concludes that there are situations in which an act can formally be defined as theft but not be considered morally problematic, and even that the one who collects payment may be considered immoral, and this creates ground for the consequentialist claim that “no one was harmed.”

Expected value, the St. Petersburg paradox, and rejecting the statistical justification for voting

The lecturer addresses the claim that voting is worthwhile “in expected value” because the probability is small but the benefit is large, and he brings the St. Petersburg paradox with the coin-toss game and the doubling prize in powers of two to show that expected value can be infinite while a reasonable person would not pay much to participate. He explains that expected value is a poor criterion when the distribution is wide and the average is far from the median, because the chance of reaching the average result is extremely small. He argues that buying a lottery ticket can make sense for a person for whom ten shekels is negligible and a million shekels could save him from a desperate situation, and therefore the decision depends on preferences, love of risk, and aversion to risk, and not on expected value as such.

Moral intuition, mistaken arguments, and Kant as a solution

The lecturer argues that people intuitively feel that one must vote and must not evade taxes, but they have trouble justifying this and therefore latch onto the consequentialist argument “what would happen if everyone did as you do,” even though according to the individual calculation there is no consequential difference. He says their intuition is correct but the argument they offer is mistaken, because they do not imagine a non-consequentialist consideration that could justify the same conclusion. He gives parallel examples of people who declare atheism on the grounds that “there is no proof,” and shows that lack of proof does not decide belief or disbelief, so the conclusion may be right while the explanation fails, or vice versa.

Kant’s categorical imperative and the distinction from the consequentialist claim “what would happen if everyone…”

The lecturer formulates Kant’s categorical imperative as a moral rule according to which one must examine whether a person would want the action to become a universal law. He stresses that the difference between this and “what would happen if everyone did as you do” is that the Kantian claim is not a consequential prediction about the actual world, but a thought experiment used as a measure of the morality of the act itself. He applies this to tax evasion and voting and argues that if a situation in which everyone evades taxes or does not vote is a bad situation, then the act of evading or abstaining is immoral even if in practice the individual’s decision changes nothing.

Vote-offsetting and offsetting gifts to the poor

The lecturer accepts the idea of vote-offsetting in a two-party model when two people from opposite parties agree that neither will vote, because in his view this meets Kant’s criterion since the outcome would be the same even if everyone did this. He compares this to offsetting gifts to the poor and suggests that mutual waiver and reciprocal acquisition can count as giving, and that there is no logic in physically handing each other “a can of tuna” when it can be offset by agreement. He notes that the Shulchan Arukh rules that each person is obligated to give a gift to a poor person, and even a poor person supported by charity gives, but still one can understand offsetting as a form of fulfilling the obligation.

Leavened food owned over Passover, the sale permit, and a stringency that cannot become a universal law

The lecturer describes how in Bnei Brak he encountered a paradox in which a grocery store is allowed to sell actual leavened food on Passover because of “substantial loss,” but the “righteous people” do not buy from it after Passover, and the claim that “others will buy” seemed to him inconsistent. He explains that after his Kantian thinking sharpened, relying on others who are not stringent to buy creates a situation in which the act is not fit to become a universal law, and therefore the refusal to buy is itself not moral by that same standard. He cites a debate in the Tzohar journal between Rabbi Yehuda Amichai and Rabbi Meir Nehorai about the sale permit, and argues that Rabbi Nehorai’s intuition against relying on others to buy reflects the categorical imperative even if it was not formulated that way, and he raises the possibility that a stringency which creates a problem if everyone adopts it may be an incorrect stringency and in his opinion perhaps even forbidden.

The prisoner’s dilemma, Golden Balls, and recovering the right result through a non-consequentialist consideration

The lecturer argues that without the categorical imperative, intelligent people would logically arrive through personal consequentialist reasoning at tax evasion, and from the accumulation of individually correct decisions one would end up with an empty public treasury. He presents this as a flip-flop in which “only the categorical imperative brings results,” because ignoring outcome-based considerations at the individual level is a condition for achieving a socially consequential result. He parallels this to the prisoner’s dilemma, describes the incentive table that leads each individual to inform against the other even though the shared result is worse, and recommends watching the British game Golden Balls, in which people try to create trust or deceive under the same dilemma.

Morality in games, fouls in sports, and the question of deception

The lecturer asks whether deception in Golden Balls is immoral or simply part of the rules of the game, and compares this to the discussion of “committing a foul” in soccer and basketball. He notes that he once heard a lecture on the philosophy of soccer in which the question arose whether a “foul” is really an immoral act or a legitimate tactic with an agreed-upon sanction, and he distinguishes between a tactical foul and an ugly violent foul. He argues that moral language in such situations creates a strong connotation even though the context is a game.

The individual as “an organ within the collective,” the Passover offering, and impurity being permitted for the community

The lecturer argues that solving dilemmas of the kind posed by tax evasion and voting requires seeing society as an organism in which the individual makes his personal calculations “through the glasses of the collective.” He brings the Passover offering as a halakhic image for such a structure, and explains that the Passover offering is an individual offering that all Israel brings, and yet it is said of it that “impurity is permitted for the community,” as though it has a communal dimension. He presents this as a process of melting individuals into a public, and links it to the meaning of Passover as the beginning of national formation in the Exodus from Egypt, where the public comes into being when each individual undergoes a shift in consciousness to see himself as part of the whole.

Social coercion, liberalism, and drugs as legalization

The lecturer argues that laws and public norms sometimes justify coercion even when the individual is not directly harming anyone, because behavior that spreads would turn society into something problematic. He gives as an example the discussion of legalizing cannabis, where the private act may appear harmless but turning it into a social phenomenon is claimed to bring problems in its wake. He argues that even a liberal outlook can justify coercion in such cases because the harm is social and consequential, and he emphasizes the fine distinction between coercion “because it is right regardless of results” and coercion that is ultimately justified also in consequential terms, after the non-consequentialist consideration makes the social outcome possible in the first place.

Full Transcript

[Rabbi Michael Abraham] Hello, welcome to Mekorot. Last time I started talking about Kant’s categorical imperative, and I brought several examples showing that consequentialist considerations, when someone takes consequentialist considerations into account, lead to the conclusion that there is really no need to do the act that on the face of it seems to us to be a moral act. I brought the example of, say, voting in elections, which is relevant today, with the claim that each person basically has no influence whatsoever. That is, the only possibility that you, with your single vote, would have any effect is only in a case where the party you want happens to receive a number of votes that is an exact number of seats minus one. In other words, modulo one. If a seat is thirty-five thousand votes, I don’t know, let’s say for the sake of example, then basically it would need to get thirty-four thousand nine hundred ninety-nine votes plus an integer number of thirty-five thousand. And then if you vote, you raise your party’s standing by one seat, assuming surplus-vote agreements don’t do that anyway, or together with the surplus-vote agreements, doesn’t matter. So the chance of that is of course negligible. I don’t think it has ever happened, I don’t know if anywhere in the world, but in Israel certainly not. There was that story in Tzafria, we remembered, yes, in the last elections in Tzafria there was a story like that, apparently there was an exact tie there between two candidates or something. But fine, that’s a matter of two hundred voters, I don’t know how many hundreds of voters, that’s not—there it really can happen. So the question basically is: why go vote, to fulfill our civic duty, which they keep talking to us about, our civic duty to waste our time for no benefit—that’s really what comes out of this. Another example is tax evasion or paying taxes honestly. If a person evades one hundred or one thousand shekels in tax, it has no significance whatsoever on the scale of the state treasury. That is, it’s not that one poor person won’t get aid he deserves or something like that, or that some state mission won’t be carried out, there is no such thing. A thousand shekels one way or the other changes nothing at all in the state’s program. The state will do exactly what it would have done with the thousand shekels or without the thousand shekels. In the computers there will be something there far beyond the decimal point that will probably change from nine to eight, it has no significance. You’ll roll over debts, do this, do that, I don’t think this ever materialized in any real sense. Meaning, it did not materialize as theft.

[Speaker C] What? Maybe I have a problem of theft regardless of the impact.

[Rabbi Michael Abraham] Here it’s a subtler question. That is, it depends on how you really view the payment of taxes; there is indeed a claim that taxes are payment for services, I had something exactly about this on the site. If it’s payment for services, then yes, you can see such a thing as a kind of theft. But if I’m talking right now about the moral question, it doesn’t matter whether you define it as theft—so what? Bottom line, suppose I rob someone but the robbery doesn’t bother him at all, he lacks nothing in any way. So maybe you’ll say it’s forbidden in some formal halakhic sense or another, but on the moral level, on its face, what’s the problem? You didn’t deprive him of anything. “This one benefits while that one does not lose,” as it’s called, “this one benefits while that one does not lose.” Yes, that’s the Pnei Yehoshua on Tosafot in Bava Kamma, and in Tosafot in Bava Kamma 12, there on the topic of the trait of Sodom, so the Pnei Yehoshua in Bava Kamma 20 there on the topic of “this one benefits while that one does not lose,” the Pnei Yehoshua explains that in principle “this one benefits while that one does not lose” does obligate payment, except that it is the trait of Sodom to collect it. Meaning, if you have a courtyard that is not meant for rent, a courtyard not designated for renting out, and someone who needs a place to live, who has no alternative lodging, enters your courtyard, your house, your apartment—okay, but the apartment was going to stand empty anyway, you don’t need it, you’re not renting it, nothing. So in fact you lose nothing and he benefits, meaning he got lodging, and the question in the Talmud is whether he is exempt or liable. So the claim of Jewish law is—most halakhic decisors say—exempt. But why exempt? Some say that by strict law, when there is no loss, you don’t have to pay for benefit, but the Pnei Yehoshua explains: no, you are obligated to pay for benefit, if you benefited you must pay, except that it is the trait of Sodom to collect it. But it would have stood empty anyway. So what does that mean, basically? If you don’t pay then you are ostensibly a thief, meaning you took a service and that service requires payment, that’s the compensation, right? And the Sages say that it is not moral to collect it even though it is theft. And not only do they say that it is not moral, they also incorporate it into Jewish law: we compel against the trait of Sodom, and therefore in practical Jewish law the ruling is exemption, even though strictly speaking payment is due—that is, you should have to pay, yet they exempt you. Meaning, there is a situation in which formally something can be considered theft and still there is no moral problem in it, and not only is there no moral problem in it, according to this it goes even further: if the victim of the theft collects it back, he is an immoral person. Not only did I not commit a moral wrong by stealing, but he, if he takes the money for it, is an immoral person, even though it is defined as theft in the halakhic sense. Yes, so that’s an example of what you said earlier: even if we define it as payment for a service, as a kind of theft, when I’m talking about the moral question—what’s the problem? Nobody lost anything, so what if I took something from you that you had no use for whatsoever? An object in a safe that you have no use for, you don’t see it, you don’t open the safe, you don’t use it at all—I came and stole it from your safe, that’s it. Or I stole it for a week and returned it, if that doesn’t matter. True, I stole it, it’s not mine, you didn’t permit me to take it, okay? Or I don’t know, I don’t have your permission to take it and you also do not permit it, and even in that, to some extent, if you don’t permit it then it may indeed be forbidden, but still there is no moral problem in it, and therefore apparently from the standpoint of consequentialist considerations there are things that seem problematic on their face—that’s the intuition that basically leads you to say that it’s theft. You didn’t mean theft in the formal sense, rather you had some kind of feeling that there is indeed a problem here, still there is some sort of problem here, not in the formal sense. But I say to you: look, consequentially nothing happened, so what’s the problem? What problem could there be here if nobody was harmed? Same thing with voting in elections. They keep telling us to fulfill our civic duty. For some reason people feel there is some kind of obligation like that, meaning that one ought to go vote according to what one thinks. But if your vote truly has no effect whatsoever, then why is there an obligation to vote if there is no visible result from what you do—or not visible, there is no result. What you do has no effect, so why go? And I said this isn’t that everyone has a small influence and together we’re all a mighty light, yes, each one is a small light and together we’re a mighty light—it doesn’t work like that. No. You have zero influence, not a small influence.

[Speaker E] Why doesn’t that work? No, but that’s not true. If you’re going to issue a halakhic ruling that you don’t have to…

[Rabbi Michael Abraham] No no no, I’m not issuing a halakhic ruling, I took it somewhere else. Who says no? I’m making a calculation for myself, alone, nobody knows what I decide, I decide for myself. I’m not issuing a halakhic ruling, not telling anyone anything. So I say: assuming all the others are making the decisions they are currently making, now I need to consider what will happen if I go vote versus what will happen if I don’t go vote. The difference between those two has no effect whatsoever. So that’s why it’s not that one plus one plus one creates a big effect and each one is a small light, right? No, each one is zero, each one is darkness.

[Speaker F] Each one is zero point zero zero zero…

[Rabbi Michael Abraham] No, each one is zero point zero zero zero period… period something? No, zero. It stops at zero. You have no influence whatsoever.

[Speaker F] You do have influence. Suppose I sat at the Sabbath table for the first time and told people, come on, let’s decide that we’re voting for a certain party. Okay, okay, so here you have the power of five or seven people. Now it’s still nothing, now let’s go to the synagogue, fine, let the synagogue become this…

[Rabbi Michael Abraham] No, you can’t look at it that way. You’re making a decision about the individual person, so looking at it that way is incorrect.

[Rabbi Michael Abraham] Why? Because when I consider the decision whether to go vote or not go vote, I don’t make hypothetical calculations of that kind. I’m asking two very well-defined questions; that’s how mathematics works. If I go vote, what is the result, and if I don’t go vote, what is the result? Leave me alone with slippery slopes and what everyone will do. I’m not telling anyone anything, they don’t know what I do, nobody knows what I do. Now I’m asking: if I go vote, what’s the result, versus if I don’t go vote, what’s the result? The answer is: the same result. No effect, period. So therefore it’s zero effect, not zero point zero zero one—zero.

[Speaker D] Obviously it’s about the individual.

[Rabbi Michael Abraham] Yes, of course, the decision is individual. I’m asking because I want to make a decision for myself, we’re not talking about the whole world, about myself, quietly, nobody knows anything. This is a bit impractical. Why is it completely practical? The opposite, what you’re saying is philosophical. What is this philosophy of “what if everyone did it”? Not everyone will do it. I’m doing it alone. I want to decide whether to lift my backside and leave the house to vote, and I say: why should I get up from the chair? If I sit in the chair or if I get up, same result. Passive inaction is preferable. I mean, if what you do has no significance whatsoever, why do it? It has no effect.

[Speaker G] There is.

[Rabbi Michael Abraham] I already have experience with this argument, my son all the time, can you…

[Speaker G] Maybe you could say that it’s profitable in expected value. Meaning, true, the probability that I’ll have an effect is very low, but on the other hand if I do have an effect, then the effect is very large—I change one seat. Okay. So when you multiply those two things together in expected value, there is something there.

[Speaker H] No, but if the probability is close to zero…

[Rabbi Michael Abraham] I think I mentioned the St. Petersburg paradox to you, right? You just reminded me of it now. Right? Yes. No, it wasn’t in the last lecture, no no, you reminded me. Remember how in stock-market courses, brokers in the stock market, that’s what they told me, among other things they teach them the St. Petersburg paradox. So they offer you—they offer you to buy a lottery ticket. And the lottery works like this: you buy a ticket and you participate in the lottery. How does the game work? You toss a coin. Fine? If it comes up heads, you get two shekels and go home. If it comes up tails, they toss another coin. If it comes up heads, you get four shekels and go home. If it comes up tails, they toss the coin again. If it comes up heads, you get eight and go home; if it comes up tails, you keep tossing. In short, powers of two. Every time heads comes up, the game ends and you get two to the power of the number of tosses. Okay? Shekels. And if not, you keep tossing. Okay. How many shekels would you pay for a participation ticket in such a lottery?

[Speaker G] The geometric series doesn’t converge, so you can just calculate the expected value.

[Rabbi Michael Abraham] It doesn’t converge, it increases, it diverges. It goes to infinity.

[Speaker G] What you’re saying is that each time the probability gets cut in half and you multiply the payoff by two, so basically it doesn’t converge.

[Rabbi Michael Abraham] Ah, it’s infinite. What? But intuitively, leave the calculations aside, intuitively how much would you pay for it? Ten shekels, fifteen shekels, I don’t know, if he’s desperate, thirty shekels. Okay. Not too much. How many times have you ever gotten tails tails tails? After all, in order to make a good profit you need it to keep coming up tails and for heads to come late, so that you reach a high enough power to earn a significant sum. What’s the chance you’ll get ten tails in a row? Without a heads. Practically no chance. Okay? So basically a normal person, without calculations and statistics, would invest twenty shekels, fifty shekels, a hundred shekels. Fine? What’s the expected value? Apparently infinite, right?

[Speaker G] Yes, but there is something here where the value of money decreases, because once you have more than a million dollars, say, money is no longer all that effective, and what difference does it make if you have a million or two million?

[Rabbi Michael Abraham] On the other hand, a million dollars is very significant for me; it doesn’t matter whether it’s a billion or a million. And the chance of getting a million is ostensibly significant relative to the investment.

[Speaker G] Yes, but this geometric series—if you relate not to the money itself but to the happiness it will bring me, then once you get to… there is some saturation point after which another shekel is no longer equivalent to another unit of happiness.

[Rabbi Michael Abraham] Because in terms of the enjoyment you’ll get from it, you won’t profit. No, that’s not the consideration. The consideration is that you won’t get there.

[Speaker G] No, but that’s why I’m saying that in the end the series…

[Rabbi Michael Abraham] No, you won’t get there.

[Speaker G] No, even if it were…

[Rabbi Michael Abraham] An enormous profit, and every increment would help me, I still wouldn’t pay more than a hundred shekels. Why? Because you won’t get to the regions where it’s worthwhile. Not because it’s not worthwhile there—you simply won’t get there, because the chance of getting there is two to the minus the number of tosses. You hear? After ten tosses, the chance is one in a thousand. Are you crazy? If you play infinitely many games, no problem, and in infinitely many games the result is always the expectation—that’s the law of large numbers. Since you’re playing one game, what is the chance that in that game you’ll get to ten consecutive tosses? Practically no chance, that’s one in a thousand. Who builds on a chance of one in a thousand? If I built on a chance of one in a thousand, I wouldn’t go down to the road—I have a one in a thousand chance of being killed. Who takes chances like that? Nobody takes chances like that. And rightly so, we don’t live that way. Right? So what does that mean, basically? It means that expected value is a very poor criterion for making decisions in a place where the distribution is very wide. In a place where the chance of getting the average product is very, very small, and that’s what confuses people. We usually think that the likely result that will come out of a game is more or less the average. Here it’s exactly a counterexample. The average is infinity, but the chance of getting infinity is zero. The chance of reaching there is negligible. It’s a wide distribution, because the average is far from the median. So that means that basically—or not the average, but the result you yourself will get is not the average. Okay? So in situations, in distributions of this kind, expected value is a very poor criterion for making decisions. In this case, then how do you make decisions? You ask yourself roughly how much it’s worth investing for a reasonable chance of getting a sum that is significant for you. Let’s say if a hundred shekels is no expense at all for me, then true, it isn’t worth investing a hundred shekels. But who cares? After all, if I do profit, then I’ll get two to the fiftieth power if I invest a hundred shekels, which is an utterly unimaginable sum. So who cares, I’ll invest a hundred shekels. Right? So that’s fine, I have no problem with that.

[Speaker H] So that’s like buying a lottery ticket. What?

[Rabbi Michael Abraham] Yes, exactly. So I’m saying, a person can make that calculation. Look, the price of the ticket is negligible for me, so true, obviously I’m basically almost throwing the money in the trash, but for the small chance that I’ll win, fine. But these are not expected-value considerations. These are considerations of my economic situation, of advisability, love of risk or aversion to risk, what they always ask you at the bank or the investors, right, the brokers or portfolio managers—what policy do you want? Do you love risk, do you hate risk? These are exactly those points. It has nothing to do with expected value. There is no correct or incorrect answer here. It’s not that someone who likes risk is smart and someone who hates risk is stupid, or the other way around. What you are, that’s what determines the correct decision. There is no correct or incorrect decision here. There is a utility function, each person’s preferences, according to who he is. Therefore in situations where you have a distribution of this kind, expected value is a very poor criterion. So I return to the question you asked—or I don’t remember, someone asked—regarding the fact that yes, the chance that I’ll have an effect is very small, but the effect, if I do have an effect, is significant. One more seat—that’s already an effect. I don’t know if it’s revolutionary, but still, a single individual who adds a seat to a party—that’s a macro-level effect. Okay? So true, the chance is terribly small, but it’s still a macro-level effect. I say that first of all the expected value is still absolutely negligible, because the chance that this will happen, and the effect of one seat, with all due respect, is big for one individual. What will happen in politics if you have the effect of one seat? The chance that this thing will happen—it has never happened from the founding of the state until today and probably never will. There is no chance of it. So even on the level of expected-value considerations I think it doesn’t justify getting up from the chair. But I say beyond that, expected-value considerations are also not relevant in a place where the chance that it will happen, this expected-value case, is very small. If they offer you a lottery—look, with a chance of one in a billion you will win a billion billions of shekels. With a chance of one in a billion, and in all the other cases you pay a hundred shekels. Okay? The expected profit is absolutely positive, and anyone who enters that lottery is crazy. The expected profit is enormous. Anyone who enters that lottery is crazy. Why? Because the chance that you’ll receive that expectation is negligible, so there is no point in going by the expectation. Expected value is the wrong criterion in this case. I think it’s the same thing here. And first of all, the expected value is negligible, so even at that level it doesn’t justify it. And beyond that I think it isn’t right here in this case—this is what I told you—it’s not zero point zero zero zero zero zero one, it’s zero point zero zero zero period, because it won’t happen. Meaning, this tiny case simply will not happen, therefore it’s not right to see the probability as expressing an expectation of—what expectation of? I’m saying expectation is not a criterion. In practice it won’t happen.

[Speaker F] How do you explain that people buy lottery tickets? People buy lottery tickets for the chance…

[Speaker H] The small one.

[Rabbi Michael Abraham] …of winning, when indeed the chance is very, very small, the expected profit is negligible, but who cares?

[Speaker H] A great foolishness, by the way, like them.

[Rabbi Michael Abraham] No, no, not at all. I disagree with you on that, Shmuel, we’ve argued about this before, I disagree with you. It depends on the person. For example, for a person ten shekels is nothing. What are ten shekels? A million shekels could pull him out of a huge mess.

[Speaker I] The ones who buy lottery tickets are the ones for whom ten shekels is a lot.

[Rabbi Michael Abraham] Let’s say he is, let’s say he is economically entangled, okay? He’s heading toward a desperate state, he’s about to commit suicide. His only chance to be saved is to win a million shekels from the lottery, he has no other chance. Ten shekels is nothing to spend on that, it’s nonsense. A person like that should buy a lottery ticket, it’s very reasonable from his perspective. It’s not foolish at all. Now, expected value as a criterion is not a good criterion. It depends on you, it depends on your preferences, it depends on your situation. It’s really not—I don’t think it’s right to go with expected value; in many, many cases it’s not right to go with expected value. Now if indeed—so here the question arises: still, somehow everybody has the feeling—maybe everybody is stupid, that’s possible—but people’s feeling is that no, yes, I do have reason to go vote. Now many times when people raise arguments, this is a fascinating phenomenon, many times when people raise arguments, they don’t know how to justify them. They have an intuition that this is right, and they don’t know how to justify it. “What will happen if everyone does as you do?” Now I encountered so many arguments of my son Yossi with people who argued with him about this issue, and it comes back every time, and you cannot explain to people—it’s simply a mistake, they are simply wrong. But you can’t explain it to them, and why can’t you explain it to them? Because the truth is that they are right. They are not wrong, just not for the reasons they raise. They raise consequentialist considerations, because when they try to find a way to justify their intuitive feeling that this is the right thing to do, they don’t know what other kind of consideration there could be. You can’t explain to him why consequentially there is justification for it. It doesn’t even occur to you that there could be a non-consequentialist consideration that would also provide justification. And therefore what happens is: intuition comes first, not the arguments. The intuition is that this is the right thing to do. Now you look for considerations. You don’t see on the horizon a consideration of another type, so you say it’s a consequentialist consideration: what will happen if everyone does as you do. Now Yossi keeps trying to explain, my son keeps trying to explain: the consequentialist consideration is negligible, nothing will happen, nobody will do as I do. I’m not telling anyone anything, everyone will do whatever he wants. I’m considering for myself whether to go or not go, it’s not relevant what would happen if everyone did as you do. But it doesn’t help. You see people—and intelligent people, smart people, I ran into this—there were hundreds of arguments, and this is already a family joke for us, this argument, because it came back so many times that we already have jokes about it. We don’t even dare start with it anymore, because the guys will go at each other and we’ll die laughing before we get a word out. But that’s only after so many times that people argued, that you can see very intelligent people, and you don’t manage to convince them. And I say again: you fail to convince them, and rightly so, because the argument they raise is not the correct argument. It is not the correct argument, because they are looking for a consequentialist argument, and consequentially the argument is wrong. So what is it then? And this is the point of Kant’s categorical imperative. Kant’s categorical imperative basically says that the moral rule is that you have to examine whether the step you are taking is one that you would want to become a universal law. A law according to which everyone must act in that way. If yes, then that is the moral act. And if not, then it is an immoral act, don’t do it. Okay? That’s the criterion. Now what is the difference between this and “what would happen if everyone did as you do”? A dramatic difference, heaven and earth. Because “what would happen if everyone did as you do” is a consequentialist consideration. And about that Yossi says, my son, consequentially it is the same thing, there are no consequences. In consequentialist terms it works in my favor, meaning there is nothing to explain in consequentialist terms. What Kant says is not a consequentialist consideration, even though it sounds like one. He doesn’t say what will happen if everyone ends up doing as you do, he doesn’t say that. He says what would happen if everyone did as you do, but he is not claiming that this is what will actually happen. Because if you do it then everyone will do it, and then there will be an outcome that you also don’t want to happen—he doesn’t say that. He says: let’s do a thought experiment. Okay, suppose everyone did as you do. It won’t happen, obviously, but suppose everyone did as you do. Would that be a good situation or not a good situation, in your own view? Obviously not. And he agrees with that too. But he says: it won’t happen, people won’t do as I do because I’m doing my thing quietly. Kant says no: if hypothetically, if everyone did as you do, that would be a bad situation, then that means that your individual act is an immoral act. Meaning, not because of the consequentialism of your specific act. Yes, yes. Meaning, this thought experiment serves as a measure that tests the morality of your specific act. It isn’t about consequences. It is a measure—on the contrary, a measure to examine whether the act is moral regardless of the question of the result. After all, consequentially it has no implication whatsoever. And still the claim is that there is here a consideration that says this is an immoral act, because an act such that if everyone did it the world would look bad—that act is an indication that the act itself is a bad act. And bad acts are not done. Not because of the result; because bad acts are not done. That’s the moral principle here. And the same applies to tax evasion. If everyone evaded taxes, then obviously there would be a problem. The fact that I evade a thousand shekels from the state treasury is nonsense, a thousand shekels is a joke. Okay, but if everyone evades, that’s bad. Fine—but if I evade, I certainly don’t tell anyone; am I suicidal? They’ll put me in prison. I keep quiet, do nothing, I just evade on my own, nobody else will evade. True. But hypothetically, let’s do a hypothetical experiment: if everyone evaded, do you agree that it would be a bad act? That it would be a bad situation? That is the indication that the act of evasion is an immoral act. And therefore you are forbidden to do it.

[Speaker F] What do you think about offsetting? Me and a friend, suppose there are two opposite parties.

[Rabbi Michael Abraham] Let’s both not vote. Excellent. Let’s say it’s a two-party model, because otherwise it’s more complicated. One hundred percent, in my opinion.

[Speaker F] So that’s okay?

[Rabbi Michael Abraham] Of course. Like what sounds reasonable, like offsetting gifts to the poor. No, because I don’t care if the whole world does it too. It meets Kant’s criterion. Because the result really would be the same thing. If everyone goes to vote or everyone offsets, the result is the same result. So I don’t mind if the whole world also does it.

[Speaker F] First of all, what you’re saying about gifts to the poor is not correct. The Shulchan Arukh rules that even a poor person is obligated in a gift to a poor person, that each one should give to the other.

[Rabbi Michael Abraham] Doesn’t matter, but you can offset. Offset it: I’ll give to you and you’ll give to me and let’s save ourselves the trouble, like in Avot de-Rabbi Natan.

[Speaker F] It’s not that no one gives; it’s that they do give.

[Rabbi Michael Abraham] No, but in the end we don’t give. Yes, I bring you a gift and you come to give me a gift. We said fine, now we agreed that I give you and you give me, now let’s save it: I’ll eat mine and you’ll eat yours.

[Speaker F] Halakhically, is that okay?

[Rabbi Michael Abraham] Yes, why not? At least from what I know, it’s okay. I’m saying even if it were written in the Shulchan Arukh that no, in my opinion it’s okay. As far as I’m concerned it’s okay, that’s the simple logic.

[Speaker D] Not in the sense that the person brings the…

[Rabbi Michael Abraham] Maybe that’s said more about sending portions to one another, not about gifts to the poor. Mishloach manot, I mean. But as far as I’m concerned, what’s the difference if I give—in a case where we really offset in a way where I receive what he gives. So what’s the problem? Waiver is like giving, meaning, it’s…

[Speaker F] Even a poor person supported by charity…

[Rabbi Michael Abraham] No, that’s fine, of course. Even a poor person who lives off charity gives—I didn’t say otherwise. That’s perfectly fine. But offsetting is still giving. I’m saying it doesn’t contradict that statement. A poor person who lives off charity has to give, certainly he has to give. That’s unrelated. But you can offset. If he gives to another poor person, then we determine—there has to be a determination—because it’s as if I gave and then he said, forget it, let’s save the trip from me to you and from you to me. I’ll give you a can of tuna, you’ll give me a can of tuna, so I’ll take mine and you’ll take yours. Why should I hand it to you and you hand it to me? What sense does that make? No sense at all. What’s the problem? I transfer ownership of mine to you, you transfer ownership of yours to me, and that’s it. We gave—what’s the problem? But of course you really do have to offset; you have to verify that I’m giving to you and you’re giving to me and that we agree to offset. That’s perfectly fine. The claim that… that’s actually Kant’s claim too, when he asks: what would happen if everyone did as you do? But he asks it in a different sense from the way people usually ask it. He’s not saying: what would happen if everyone did as you do—look, you’d bring about a bad state because everyone would do as you do. No. He asks: what would hypothetically happen if everyone did as you do? Let’s examine the hypothetical case—which is hypothetical; it won’t happen. But we need to test it as a criterion that determines whether the individual act I’m doing is a moral act or not. That’s what Kant says. It’s not a consequentialist criterion; it’s the opposite. Kant consistently—and many people get confused in interpreting Kant—starts from the premise that morality is not consequentialist. You can’t interpret it that way. Meaning, he starts from the premise that morality is not consequentialist. The moral act is determined by the good intention, not by its result. So that’s the Kantian criterion. And then of course it follows from this that it’s forbidden to evade taxes, even though a thousand shekels is nothing, and not everyone will do what I do because nobody will know from this. What I do, others will do—maybe they’ll evade too—but that’s not connected to my evasion; they’ll evade anyway, so they’ll evade. But I’m only talking about my thousand shekels; it has nothing to do with what others do. Or voting in elections, or all those things. Once this becomes a general rule, clearly the situation is bad. Everybody agrees to that. Therefore the act itself is immoral, regardless of whether it will actually happen or not. In my opinion, that’s the only answer that can explain why you have to go vote and why you may not evade taxes. Everything else is made-up answers from people whose intuition tells them correctly—they feel it’s right—but when they try to look for the explanation, they always try to put it in consequentialist terms, and that’s where they go wrong. The consequentialist consideration doesn’t get you there. A lot of… by the way, this is a very well-known phenomenon. I run into it a lot. People have a correct intuition, but they don’t know the whole spectrum of philosophical possibilities for explaining things. So they go with the option they know and insist on it, but it doesn’t work—that explanation doesn’t hold up. But their intuition actually is right, and they feel correctly, they feel that it’s right. They just can’t present an explanation that explains why it’s right; they can’t conceptualize for themselves why they feel it’s right. So then they start inventing all kinds of explanations that don’t hold water—it’s obvious they don’t. But the fact that your explanation isn’t right doesn’t mean you’re wrong. That’s also an important lesson. A lot of times you have a correct intuition and you just aren’t sufficiently aware of all the ways such an explanation could be grounded. And so, for example, many people—I’ve run into this countless times—people who came to speak to me tell me: look, I don’t believe in God, I’m completely secular, in the full sense of the word, thoroughly detached from all the trappings. I’ve met a few like that, including, by the way, I think more than two already who are rabbis in Haredi yeshivas—one in a small yeshiva and one in a large yeshiva, I remember. They came to me and sat in my house, and said: I don’t believe in anything, I’m an atheist. He’s still actually in the yeshiva, everything—he’s a senior figure there in the yeshivas. Yes, I’ve met quite a few like that. And when I try to ask him, tell me, how did you reach that conclusion, he says: look, there’s no proof of anything. If I’d believed this way, or if I’d been born somewhere else, I’d have reached different conclusions, I’d have been educated differently, I’d have reached different conclusions. So I said to him—and then I try to ask them—there are other things you do believe in, right? For everything you believe, do you have proof? For a scientific result, do you have proof? Proof? What proof? There’s no proof in science; you can refute, not prove. So why do you believe? Because it seems most reasonable to me. Right? Of course we have standards for how we build our sense of plausibility, but… in the end we accept things even without having proof for them. Now tell me: if you think there’s no proof for this, that certainly is not enough to say you don’t believe. It could be that you do believe. That’s a different discussion. But if your reasoning is that you have no proof—that’s not a reason. Okay? Now here there are two possibilities: sometimes the feeling really is that he genuinely doesn’t believe, and when he tries to explain why, he says: because I have no proof. Having no proof explains nothing. But he still genuinely doesn’t believe. But another situation is possible: sometimes the person feels that without proof there’s no justification for belief, while in fact he does believe. He believes—I’ve met such people. But he says: but without proof, what do I have to believe on? Just inventions; it’s my education; I could have grown up elsewhere and had different feelings, so therefore it’s all subjective, it has no significance at all—even though I believe. So there I tell him: no, that’s not right. It’s the same mistake from the other side of the coin. Meaning, the fact that you have no proof doesn’t mean you’re not right. There are many things we believe because they seem reasonable to us. So what’s the problem? Your belief is perfectly legitimate and you have no proof; I have no proof either—so what? Fine. But if that’s what you think, then you do believe. So what if you have no proof? These are two sides of the same coin, and in both of them the person doesn’t understand that there doesn’t necessarily have to be a connection between the explanation and the conclusion. Sometimes he holds the conclusion and invents an incorrect explanation to ground it. Sometimes the explanation seems obvious to him and he invents a conclusion that doesn’t follow from it—sorry, that he says he doesn’t believe in because it follows from the explanation—and there too he misses the point, because it doesn’t follow from the explanation. And so—by the way, there are corresponding phenomena in brain research, very well-known psychological phenomena. For example, people who have a disconnection in—what’s it called? corpus… I forgot the name of it, the thing that connects the two hemispheres. There are people who have even undergone surgeries like this—still today, in rare cases, they do such surgery and sever the connection between the two hemispheres—but sometimes it’s the result of accidents. Phineas Gage, the famous case—they severed a lobe, the connection between the hemispheres was cut. Now normally our thinking draws on both hemispheres; there’s some kind of processing because they have different functions, okay? And then you process things and create a full picture. Now when the hemispheres are severed, it’s like two human beings. This hemisphere reaches one conclusion, that hemisphere reaches another. This hemisphere is Republican and that hemisphere is Democratic. You can question the person in certain ways and get this answer and that answer. Meaning, depending—for example, if you ask through the right ear, then the answer comes from the left hemisphere, right? In the left hemisphere. Right? And the left hemisphere is also responsible for speech. Okay? So what happens is—I think, wait, no, the left hemisphere—no, it’s the other way around. You ask through the left ear, the right hemisphere, and the right hemisphere is also responsible for speech, then you’ll get a Republican answer. Ask through the right ear and you’ll get a Democratic answer. And I wrote about this in the book Science of Freedom, and I tried to explain why this doesn’t mean it’s supposedly evidence for materialism. What? Schizophrenia?

[Speaker B] No, no—schizophrenia is a mental phenomenon.

[Rabbi Michael Abraham] But here you have a person who simply is—ask neuroscientists, they’ll tell you it’s two human beings. Because as far as standard lab neuroscientists are concerned, we don’t have a soul; there’s no soul, there’s only a brain. Once there are two brains, there are two human beings. It doesn’t matter that they’re in one body—there are two human beings. But for example, with one such person, when he looks at, say, a certain scene, there’s a disconnect between—say speech comes from the right hemisphere, but what he saw is in the left hemisphere. So he saw the correct image, but when he answers your question the answer comes from the right hemisphere, and it doesn’t know what he saw in the left hemisphere. So he answers you with things that are unrelated; he tells you stories that never happened, asks him what he saw and he tells you things that have nothing to do with anything, because he fills things in with his imagination, all kinds of things, because he didn’t see anything—the right hemisphere has no connection to the left hemisphere—and only the left hemisphere saw through the right eye when you cover his left eye; only the right eye sees, so that information passes to the left hemisphere. Now speech comes from the right hemisphere. So when you ask him questions about what he saw, you get Arabian Nights stories. Experiments that were done. It’s Arabian Nights stories—he fills in pictures for himself, all kinds of things he never saw and that never existed. He has to fill things in somehow; he has partial information and has to complete it in some form. So this is exactly that phenomenon. A person comes with the same conclusion, and in his eyes the conclusion doesn’t follow from the argument. But he believes either in the argument, and then he has to adopt the conclusion even though he doesn’t really need to adopt it, or he believes in the conclusion and therefore finds himself forced to adopt the argument because he thinks only that argument leads to the conclusion—and that’s not true. So he can be right and give stupid reasons or incorrect reasons. These are phenomena I encounter all the time in arguments. Very often I try to explain to people that their conclusions may be correct. The claim is—my claim is—that people’s moral intuition is basically Kantian intuition. The categorical imperative causes me to think that one should go vote and that it’s forbidden to evade taxes, and so on. That’s the basis of the intuition. It’s just that people don’t know how to formulate it that way, so they look for a consequentialist explanation. And this criterion too can be a reason as well.

[Speaker C] What? Is Kant’s categorical imperative a reason? Is Kant’s categorical imperative a reason, or is it a criterion?

[Rabbi Michael Abraham] A criterion—what difference does it make? Fine, but I believe that the categorical imperative really is the correct rule that determines what is moral and what is not.

[Speaker C] But it’s all intuitive; in the end it’s all intuitive. And that’s right—it’s an intuition that this is what’s correct. You don’t ultimately have to say that the reason is the categorical imperative.

[Rabbi Michael Abraham] That’s a semantic question. But I believe the categorical imperative is the correct criterion for a moral act. Once you have the categorical imperative, it is of course only a criterion, fine, but the very adoption of the categorical imperative is an intuitive decision.

[Speaker C] Why? The categorical imperative is the sign. If there are things that really are not nice—intuitively not nice. What does “not nice” mean? Take the example of elections: I won’t have the intuition that it’s not okay.

[Rabbi Michael Abraham] Okay, if I don’t have—

[Speaker C] the intuition that not voting in elections is not okay, then I won’t vote? Not necessarily, not necessarily.

[Rabbi Michael Abraham] I can try to argue to you—look at examples of tax evasion. Do you agree that it’s not okay? Let’s run a simulation. Okay, so why? After all, consequentially it has no significance whatsoever.

[Speaker C] I just think it’s not okay.

[Rabbi Michael Abraham] Why? After all, consequentially there’s no problem with it. Unless what? You agree with me that the categorical imperative is the moral criterion. Ah, so if that’s so, let’s move to voting. Reconsider your position. True, you don’t feel that it’s immoral, but look—you do accept the categorical imperative, so you’ll have to reconsider. Again, you can decide no, my intuition remains as it is, with all due respect to the categorical imperative. But no—many times I’ll be able to persuade you that if you see that you do in fact accept the categorical imperative as a criterion. Even with tax evasion I don’t accept the categorical imperative.

[Speaker C] What? I didn’t understand. Even with tax evasion it’s not because of the categorical imperative.

[Rabbi Michael Abraham] Not you personally—I’m trying to show you a simulation of a discussion in which I can persuade you to change your conclusion. If I show you that in other contexts you do accept the categorical imperative, then I can persuade you that your intuition is not correct. Intuition is not an exclusive thing; there’s a kind of back-and-forth interplay between intuition and arguments. Sometimes this affects that, sometimes that affects this, and I have no immediate formula for which is preferable and which isn’t. I’m only saying we need to look at this from both angles, and sometimes you’ll change your position and sometimes not. I agree—sometimes you’ll remain with your intuition and say, forget it, the categorical imperative doesn’t seem right to me. And that was exactly also on the website—I don’t remember now what it was there. It was also connected to elections, something, I don’t remember exactly how it was there. So I said, fine, with all due respect to the categorical imperative, in the end when I feel it’s not okay, then it’s not okay.

[Speaker G] Meaning, despite the fact that it’s this sort of pilpul that you say—you say—

[Rabbi Michael Abraham] Ah, that I’d want the financial rules to operate, but not everyone. That itself is exactly what I would want the general situation to be. Yes, right. So you said—first of all, that itself can be a claim, and then I fit it into the categorical side. But beyond that, you’re completely right there too. The categorical imperative is also a rule. Right, that’s what I’m saying. So fine, the situation is more complex, but I’m trying to show the form of thinking. So I brought—I don’t remember if I brought—this example of leavened food that remained after Passover, or selling land during the Sabbatical year—the sale permit. Leavened food that remained after Passover was what gave me the first lightbulb moment in Bnei Brak. The grocery store underneath us in the building, on the ground floor, sold its actual leavened stock during Passover so as not to lose out—it was a substantial loss. Okay. But nobody in the neighborhood bought from him after Passover. Because the righteous people there don’t buy actual leavened food that was sold. Right? The store is allowed to sell, everyone will tell him, yes, certainly, one may sell because there’s substantial loss, and we don’t have to buy. So I said, wait a second, I don’t understand. Suppose, for the sake of discussion, that the only buyers were kollel fellows from the neighborhood, okay? So you allow him to sell his actual leavened goods on Passover, keep them until after Passover, and nobody will buy from him? So what good did the permit do? The substantial loss remains even though he sold the leavened food. So if you permit him because of substantial loss, then automatically you also permit yourselves to buy. How can it be that you permit him to sell but do not permit yourselves to buy? It can’t be. And then the claim always came up that, fine, others will buy from him. You see, there are people who are less strict, and that’s true—there are people who are less strict and they’ll buy, what’s the problem? So I’m strict for myself, but others will buy. And then later I realized that I also reject that. Because here the categorical imperative enters the picture. Because the claim is: you’re essentially relying on people who, by your own standards, are not acting properly. Or not entirely properly. There are levels, but not entirely properly. So that basically means you would not want what you are doing to become a general rule. You would not want everyone not to buy from him, right? If so, then not buying from him is immoral. And then you have to buy from him even though others will buy and no one will lose—there’s no consequentialist consideration here. That’s when the penny dropped for me. That happened in Bnei Brak. I had this point long before the categorical imperative; back then I got stuck with the thought that, fine, others will buy and therefore I also didn’t buy from him after Passover, so I was still working with the standard categories. But years later I came across an argument in the Tzohar journal between two rabbis, Rabbi Yehuda Amichai and Rabbi Meir Nehorai, about the sale permit. And Rabbi Yehuda Amichai, who is from Otzar HaAretz, said that they prefer otzar beit din, and if there’s a product not available through otzar beit din, then they’ll buy sale-permit produce from Otzar HaAretz. So Rabbi Nehorai says to him: what do you mean? You’re causing the farmers a loss. After all, why do we permit them to sell the land? So that they can survive. If you don’t buy, then they won’t—so what did it help that they sold the land to a non-Jew? And others will buy? So what if others will buy? How many people consume from otzar beit din? It’s a minority, a small percentage. Overall people will buy from them; there’s no consequentialist problem here. And then Nehorai got stuck. He said all kinds of formulations like, fine, but it can’t be that we do things and rely on violators, or formulations of that sort.

[Speaker I] He had an intuition of the categorical imperative, exactly.

[Rabbi Michael Abraham] And then afterward I wrote an article and said—actually it was even a response—but that argument gave me a lightbulb moment, and I wrote an article on the categorical imperative in Jewish law. And I argued that Rabbi Nehorai is right, and that the intuition underlying what he said—he didn’t say this explicitly, it wasn’t his reason, he didn’t think of this deeper possibility—but I think his intuition is basically grounded in the idea that if it cannot be a general rule, then it is not moral. And if you think the sale permit is necessary, you can’t rely on violators, or on people who according to your own view are not behaving properly, to do the buying. No—if it can’t be a general rule, then don’t do it yourself either. Now this too is not entirely simple: am I forbidden to act with extra piety? Am I forbidden to be stringent? It could be that I really am forbidden to be stringent in a case where I’m relying on others not being stringent. Meaning, you wouldn’t want everyone to be stringent, and then it’s not a simple question. I think—I tend to think—that this is actually correct. In a stringency like that, it’s not a problem that not everyone has to be stringent; stringency is for people on a higher spiritual level. Fine—there are foolish stringencies, and there are valuable stringencies. But it’s still the same demand: not everyone has to be stringent. But in a place where, if everyone were stringent, a problem would arise—not merely that not everyone needs to be stringent and I’m excusing some people, but that an actual problem would arise—then it is not right to be stringent.

[Speaker I] A stringency that relies on the fact that there are people who won’t be stringent—

[Rabbi Michael Abraham] is not right. I think in such a case it’s forbidden to be stringent, in my view. Now what does that mean—I have no source for it, but I argue that the source is the categorical imperative. The categorical imperative is correct in morality and it is also correct in Jewish law. And that is from reason; it’s hard to justify something like that. So this shows the significance of the categorical imperative, because our issue here is means versus ends. So what I want to show here is the transition from a consequentialist consideration to a consideration about the act itself. The act is not a means for achieving a result; the act has value, and it itself determines whether something is moral or immoral regardless of the result that will emerge. But now there’s a twist in the plot, because in the end it does come back to the result. Now think about it—notice, it’s a very elegant trick. It parallels the prisoner’s dilemma; I wrote a post about that on the website too. Let’s go back to tax evasion, or to VAT—let’s call it VAT, that’s even more dramatic. So I’m weighing whether to evade a thousand shekels in tax or not, right? Consequentially it has no significance whatsoever. Obviously I won’t tell anyone, others will do whatever they think, but what depends on me is my thousand shekels, okay? There’s no consequential significance; ostensibly there’s no moral problem with evading the tax. Right? Kant tells us: but if everyone did as you do—as a hypothetical experiment, not that it will happen in practice—then it would be immoral, and therefore you must pay. Now what happens? If the categorical imperative were not valid, what would really happen? Assuming there are enough intelligent people—and that everyone is intelligent, which probably isn’t the case—but if there are enough intelligent people, then everyone would evade taxes. Each person, from his own personal reasoning, would evade taxes, right? He would simply do it—not because the other person evades taxes, but for the same reason the other person evades taxes, I too will evade taxes because that’s the logical outcome: it doesn’t affect anything. And then what would happen? Everyone evades. And then everyone evades taxes, and the treasury is empty. It’s true that if any one individual changes his behavior it won’t change anything, but if we don’t accept the categorical imperative as the criterion of morality, there won’t be any money in the state treasury. And so, in a reverse twist—and this is fascinating, I don’t think people notice this very much; now I found some article in English that makes this claim or a similar one, but I didn’t know it, at least until suddenly the penny dropped for me—in the end, only the categorical imperative produces results. It’s a non-consequentialist consideration, and precisely because of that it produces the results. Only a non-consequentialist consideration can lead to results. Because what happens is that if you use consequentialist reasoning, then each person individually will evade his own thousand shekels, and he’ll be right. Whether he pays or doesn’t pay makes no difference, right? So why should he pay? And the next person will make the same calculation, and the third as well—but each one will really be right. Because his personal contribution truly doesn’t change anything. Others are doing it, and if I don’t evade they’ll still evade, and it still won’t change anything, right? The consequentialist consideration remains even after the calculation I make here. Okay? And what comes out is that when you use consequentialist reasoning, you won’t achieve the result—you’ll fail at the level of result precisely by using consequentialist reasoning. How will you achieve the correct result? Only if you ignore consequentialist considerations and use the categorical-imperative consideration, which is a consideration about the act and not the result. Only then will you achieve the result. Because if you don’t make that kind of calculation, then each person individually will evade his thousand shekels. And then the state treasury really will, in practice—the thing everyone says: so what will happen if everyone does as you do? Right, that’s a good question, because everyone really will do as you do, because after all that’s the logic. And then the answers people give my son Yossi—the consequentialist answers—suddenly converge with the hypothetical answer. Because in the end they’re right: everyone will do as he does. But not because he does it, everyone will do as he does; rather, because by the same logic on which he acts, they too will make the calculation and they too will do as he does. Except that we need to make a gentleman’s agreement among ourselves, that each one of us, despite having no impact, will do his part, because otherwise we’ll all be in a mess. But now this is exactly the prisoner’s dilemma, exactly the prisoner’s dilemma. Right? Because in the prisoner’s dilemma—do you know the idea? In the prisoner’s dilemma from game theory, perhaps the most famous example in game theory, two prisoners are offered—two prisoners who committed a robbery together, okay? Fine, both deny it. If both deny it, the police are in trouble. So what do they try to do? Tempt one of them to confess—or rather, to incriminate the other, not to confess, to incriminate the other. And then there’s some payoff table; never mind, I don’t even remember the details right now, but the payoff table says this: if both of you deny it, then let’s say you both get a year in prison. Fine. If you incriminate him and he denies it, then you go free—some country like that—and he gets ten years. Fine. And vice versa. If he incriminates you, then he goes free and you get ten years. If you both incriminate each other, then you each get five years—actually, no, you get one—no, we’d have to draw the table. Fine. And now what comes out is that each one, when he makes his personal calculation, benefits by incriminating the other. Because say the other person does something, and now I compare the two possibilities: if I incriminate him and if I don’t incriminate him. It always turns out better for me to incriminate him. Fine? And of course he’ll make the same calculation. But then it turns out that both of us incriminate each other. We both incriminate each other, and we both get five years. Whereas if both of us had denied it, we’d have gotten only one year. If both of us deny it, nobody incriminates the other, we’d have gotten only one year. And that was the optimal result. But if I incriminate him, I walk completely free—zero—and he gets ten years. That’s the table. If I incriminate him, I get zero and he gets ten years. If both of us deny it, we each get one year. If we both incriminate each other, we each get five years, which is better than ten, okay? But of course worse than one. Now if you examine the table row by row, you’ll see that no matter what the other person does, it always pays to incriminate him. Because if he incriminates me and I incriminate him, I get five years; if I don’t incriminate him, I get ten years because he incriminated me and goes free. If he doesn’t incriminate me, then if I incriminate him I go completely free, right? And if I don’t incriminate him, then one year each. Therefore it always pays me to incriminate him. Five each, sorry. Therefore it always pays me to incriminate him. In the calculation each person makes separately, it turns out that it’s best for each to incriminate the other. But the result is not a good result. Because they both incriminate each other, and they both get five years. If both had made a gentleman’s agreement—let’s both not incriminate each other—they both would have gotten one year. A better result. And what comes out here is absurd: the calculation each one makes—these are coalition calculations. The calculation each one makes separately—what is the best outcome for me, the minimax—says incriminate. But if we make a joint calculation as a coalition, it says that neither one should incriminate the other. Okay? Now there’s a British TV game show—I really recommend watching it—it’s called Golden Balls. There was such a show. There are hundreds of clips. Fine? Each time they put people in front of a prisoner’s-dilemma-type situation, right there in life, and they had to arrive together at—nobody knows what the other has in his golden ball, never mind, with various sums—and they had to persuade each other, basically, or formulate a strategy together. And of course they could persuade each other—listen, you won’t incriminate me and I won’t incriminate you, whatever the equivalent is there, never mind—and they would either reach an agreement or not, and the question was whether you cheat or not. Think about it: if both of us reach the conclusion that we won’t incriminate each other, fine, each gets a year. That’s best, right? Now if I incriminate him, I go completely free. Better than getting a year. Right? Once I’ve signed the agreement, it pays me to violate it. But it also pays him to violate it. So it’s an unstable agreement. It’s an agreement that requires you to be a gentleman in order to uphold it, and if you don’t uphold it you’ll profit—unless he also doesn’t uphold it, in which case both of you get burned. If you know he’s an honest man, it pays you to be dishonest. But you don’t know, and the same is true on his side. And therefore the optimal solution for the general situation is that both of you be honest—even though for each individual it pays more not to be honest. This is really parallel to the categorical imperative. Because the two of us have now made an agreement across the whole group: we do not evade taxes. Because we know that if each person makes his own individual consequentialist calculation, there will be nothing left in the state. We will all pay our taxes. Okay? So there’s a gentleman’s agreement, the categorical imperative: don’t make the consequentialist calculation. Each one pays his tax. Now my son of course says: okay, and now I’ll fool all of you and I won’t pay the tax after we signed this gentleman’s agreement, this social contract. Okay, I won’t pay the tax. Because in the end it won’t affect anything—you’ll do whatever you do. The wheel keeps turning. But the others will make the same calculation too; they’re smart too, they’ll make it as well. And then what will happen in the end? There will be nothing left in the state. The only way out really is to be a gentleman and honor the agreement. Even though ostensibly you lose; there’s always a better option for you. But if everyone makes that calculation, then we all get burned together. Do you understand? This thing is mind-bending. And when you watch those clips—look up Golden Balls online—it’s amazing, truly fascinating. Each clip is a minute or two, I don’t know, something like that. And no game resembles the previous one. Not a single game. You’ll see: people raise arguments and look for strategies, how to make sure and how to persuade and how to cheat. And you can never know who’s cheating and who isn’t. And now this is a fascinating moral question, by the way. In that game, is it immoral to cheat? After all, it’s a game designed precisely to simulate this issue. I mean, what’s the problem? We made a contract, and he himself knows that we’re making this contract and making a game-theoretic calculation about whether to profit or lose. In the end it’s a consequentialist calculation. If both of us are gentlemen, both of us profit, but I can profit more if I’m not a gentleman and he is; on the other hand, if he also isn’t a gentleman then both of us get burned. You constantly have to gamble on whether you trust him or not trust him, and you can’t know—it’s amazing. It’s worth watching; it’s really fascinating. And there aren’t two similar clips. None, none. Hundreds of clips. The game is incredibly simple, and there still aren’t two similar clips. It’s amazing.

[Speaker G] What are the statistics?

[Rabbi Michael Abraham] Huh? Like, are most people gentlemen, or mostly exactly what we’ve seen? Again, I think part of the issue is that you can’t read people, because this isn’t a moral issue. I mean, in real life, I think morality—interpreters can relatively often interpret people correctly, who can be trusted and who can’t. But here it’s a game. It’s like who will commit a foul in basketball—what tactic he’ll choose. It’s not a moral question. Very often you appeal to someone’s emotions, and the connotation for the viewer is as if there’s something immoral here, and that’s what you’re playing on. You want to get his cooperation. And sometimes you say something like, listen, let’s cooperate, let’s really act straight, and then you stab him in the back. Because if he cooperates and you stab him in the back, you profit the most. So now, were you in the wrong? The connotation it arouses in you is: be a decent person, be moral, after all we made an agreement. But it’s not that—it’s a game. Meaning, there are so many questions like this. Really, it’s utterly fascinating. So in the end what comes out of this—the fascinating thing that comes out of this—is that the consideration, because people often ask: okay, so where does this Kantian principle come from? For years people asked me that, and only recently this penny dropped for me. Why should hypothetical experiments interest me—applying them and checking whether an act is moral or immoral in the abstract? I want things to be good for people—that’s what moral means, the results. Why should I care now how you define acts through thought experiments and all these things? What I’m claiming now is: right, that’s what brings the results. Therefore it’s the correct way to act. Because in the end, at the bottom line, that is what brings the results. At the social level, not at the personal level. If each individual personally does not make the consequentialist calculation, only then will we achieve the results that will benefit you too, and the whole society together—and you too. Not that you should be an altruist. The real egoist—the egoist who truly wants to take the best possible care of himself—will support rules in society. Meaning, this is always tricky, because now okay, now we’re done, we agreed, we made the category, everything is fine, now I’ll violate it.

[Speaker C] And what’s the answer to that?

[Rabbi Michael Abraham] And that always comes up again and again. The answer is that everybody makes that calculation.

[Speaker C] Fine, so what?

[Rabbi Michael Abraham] The wheel will keep turning. And therefore I say: society will look bad if we do not remain gentlemen and indeed honor the gentleman’s agreement. Society will look bad. But that means each one of us individually has to honor the gentleman’s agreement—which is absurd, because at the personal level it’s more worthwhile for me not to honor the agreement. I gain my thousand shekels. Okay? But everybody makes that calculation. And here the question returns: what would happen if everyone did as you do—but not in Kant’s sense, rather in the ordinary sense in which everyone always asked my son. What would happen if everyone did as you do? In terms of utility—what? In the utilitarian sense. But not because when you do it everyone will do it, because he answers: what do you mean? I’ll do it quietly. That’s the answer. They’ll also do it quietly; everyone will do it quietly, based on this logical reasoning. And therefore the beautiful intellectual flip-flop that happens here in the end is that it does come back to a utilitarian calculation. And “what would happen if everyone did as you do” really is in the consequentialist sense and not in the Kantian sense—but it passes through the Kantian sense. Only that way do you achieve the consequentialist consideration. So this is a wonderful interplay between consequentialist reasoning and reasoning about the act itself—deontological morality and teleological morality.

[Speaker G] I think that’s not stable enough, that consequentialist reasoning—meaning if you look only from the direction of the result—it’s not part of the fact that…

[Rabbi Michael Abraham] That’s a collective result. On the personal level, it’s always worthwhile for you to cheat them, even after taking that consideration into account. Obviously. Only on the collective level. It’s only if you know that everyone will act that way. And therefore the only solution by which we as a society will survive is if each individual, on his own, does something irrational. And it really is irrational. It’s not that it only seems irrational, or that he’s sacrificing himself for the sake of the collective. No. It’s an act that is genuinely irrational, because the collective won’t lose anything if I do it. And there’s no way out of this mess. It really makes no difference at all—if others are going to do what they’re going to do, what difference does it make what I do? And if everyone is working with that logic, then they’ll work with that logic anyway, so it also doesn’t matter what I do. It doesn’t hold up in any way when you look at it. You have to look at society as an organ, as an organism. And when you make the calculation, you make the calculation together with everyone, even though each person does it separately and no one is coordinating with anyone else, but in essence we are making a collective calculation here. It’s like the Passover offering. The claim about the Passover offering is that it is an individual offering; the Passover offering is not a communal offering. But regarding the Passover offering it is said that impurity is permitted for the community. That was originally said from the Passover offering, and afterward applied to all communal offerings. So they ask: but the Passover offering is an individual offering, not a communal one. The claim is that it is an individual offering that all of Israel bring. As opposed to other individual offerings, where whoever brings one brings one—but here the entire people of Israel, each one as an individual, bring an individual offering. In such a situation, impurity is permitted for the community. What’s the idea there? The idea there is exactly the categorical imperative, or a symbol of the categorical imperative. You have to make your personal calculations as a limb within a collective. Not that you need to talk with everyone and make calculations together and vote. Even when you make your own personal, self-interested calculations, only then do you create a collective. You have to look at it through the lenses of the collective, as though everyone is making that same calculation. But it’s not a communal offering. A communal offering is when the whole community brings it, the Knesset Yisrael brings the offering, not each person separately. The Passover offering is the collective calculation made by the private individual. And therefore it is considered a communal offering and not an individual offering with regard to impurity, at least with regard to the rule that impurity is permitted for the community, and in several other respects as well. And what’s the basic idea here, now that I’m already talking about it? In the Passover offering—and you can also see this in the second Passover and elsewhere—there are a lot of ideas here. In the Passover offering, after all, on Passover we are basically entering into being a people. Right? Our fusion into being a people after the Exodus from Egypt—that is basically Passover. We left Egypt, and then the giving of the Torah completes that process, but Passover begins it. And I think it is not by chance that the transition from individuals to a collective is made through the Passover offering. Because the Passover offering tells you not how a collective functions. That comes after the giving of the Torah: then a collective is formed, and then of course there are communal offerings, additional offerings, and all that—those are offerings that the community itself brings; they are not connected to private individuals at all. They come from the money of the half-shekel given by private individuals, but the communal offering is decided upon by the collective and brought by the collective; it has nothing to do with the individuals. In the Passover offering, you take the separate individuals and fuse them into a community. How do you do that? You cause a person to make his personal calculation through the lens of what will happen to the collective, because everyone will make their personal calculation the way he does. Exactly the categorical imperative. As long as you don’t achieve that, there is no collective. And therefore collective decisions also cannot exist. The collective exists only where each individual undergoes some kind of mental transformation, to understand that he is really a limb within a collective. And therefore the Passover offering is really a collection of individual offerings, and yet it has the laws of a communal offering. Because that’s how you create a collective. That is the way the collective is formed: by each individual bringing a Passover offering. Fine, that’s just an aside, yes.

[Speaker B] And what if it really happens that the public doesn’t want to? If everyone really thinks…

[Rabbi Michael Abraham] Then we’re sunk. We’re sunk—then there is no collective here. That’s exactly the point. Then this Passover offering is an individual offering; it’s not a communal offering.

[Speaker B] But doesn’t that justify coercion or something like that? Huh? Couldn’t that justify it?

[Rabbi Michael Abraham] It does justify coercion. So indeed, law or public rules sometimes use coercion in order to force people—yes, that’s right. Even in situations where you are not directly harming anyone, but a phenomenon that spreads will turn society into a problematic society. In that case it’s more complicated, and still sometimes you permit yourself to coerce the individual. For example, drugs, speaking of legalization. Okay? Now, whatever one’s opinion is on that issue, what are the considerations there? Private individuals say: look, I go and use cannabis, I’m not doing anything bad, everybody does it, whether it’s legal or illegal, everybody does it. So what difference does it make whether it’s legal or not legal? There are claims like that. They need to be examined, I don’t know, but there are such claims that say: true, but if it becomes a social phenomenon, then it will create a problem. Even though any individual who wants to can still do it. Does that justify my coercing a single person, when what he does in any case doesn’t affect society? And here he is doing it, he wants to do it. Can I, on that basis, force him not to smoke cannabis? So there are many people who would say yes. Why? Because each person, on the individual level, must also make the public calculation. Meaning: even though on the personal level, if he himself smokes cannabis, nothing will happen to society, but if everyone does it, then something will happen to society. Some people will move on to harder drugs, trafficking will begin, here and there things will snowball. Let’s say—that’s an argument, never mind right now… It’s that kind of argument. Meaning, this is not coercing someone because he is directly harming me—that’s simple. If you are harming someone else, then society will stop you so that you don’t harm him. That’s the simple coercion. And for that you don’t need to be a limb in society. Being a limb in society means that people coerce you even though you are not harming anyone on the personal level, but if everyone does as you do, then there will be a problem. And in this case it’s very tricky, because liberals will say that you don’t coerce in such a case, but in my opinion they miss this point, because the claim is that in the end there is an outcome: you are harming society. That’s exactly the point. And when you harm society, they too agree that coercion is possible. It harms because if everyone acts like you, there will be nothing left in the state treasury. Therefore in the end it is also consequentially harmful, and therefore even a liberal outlook justifies coercion—not only non-liberal outlooks that say, okay, I will coerce you to do what is right regardless of whether it harms anyone, but rather: I coerce you to do what is right because that is what is right. But here, no—even מתוך a liberal outlook there is room for coercion in such a situation, and that is what many people do not understand. Meaning that sometimes—and I’ll say it again—because this is consequential, I am not coercing you because it is the right thing, which is the Kantian view. I am coercing you because it is right regardless of the consequences—the original Kantian, meaning only the consideration of the action itself. But here, in the end, the outcome—the derivative in the end—is a consequential derivative, and therefore even from consequential considerations, those that are not Kantian but rather utilitarian or liberal, they too can actually justify coercion in such a case. It’s a very—this point has many implications—it’s a very interesting point, I think, and I don’t think many people notice this subtle distinction between the outcome that comes from the non-consequential consideration and the way it relates to the collective. Meaning, why is this in fact the condition for a collection of individuals to be fused into a collective? Okay, fine, that’s a lot.

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