Monday, November 24, 2014

Is Jacob Ethical? Part 2



Some 45 years ago, a man who had a great impact on my life, the late Rabbi Norman Frimer, wrote an article entitled "When is a Lie Permissible". One may well ask IS a lie permissible? Only then can we ask "When?"
We read in the Torah ",,,keep far from a false thing..." (Exodus 23:7). However, this is written in the context of judicial proceedings. We are not to plot against someone on trial by bearing false, or even simply deceptive witness. The rabbis see deception in business not as "a false thing", but as downright theft. There is no other prohibition concerning lying in the Torah. If I see my neighbor, and he says "Good morning, how are you?", must I tell him about my sinusitis or my hemorrhoids? No! A simple "I'm fine" is called for, even if strictly speaking it is a lie. The rabbis make clear that lying is acceptable if intended to avoid embarrassment, either to myself or others, or in order to bring peace between people. This is with the proviso that no deception or fraud is involved, as would be the case of lying about one's health to an insurance company.The rabbis, commenting on the fact that the Israelites mourned more for Aaron than they did for Moses, explain that Aaron would go to disputing neighbors or spouses, and say that the other person regrets very much what has happened, realizes that they are in the wrong, but is too ashamed to admit it...so please make up! Wasn't that a lie? Of course. But it saved friendships and marriages. The truth, in this instance, would have been a disaster! This, say the rabbis, is why Aaron was so beloved. It is true that the rabbis speak of some people who would never lie, even in these cases, but these are seen as a cases of extreme piety, and not always commendable.
Just as we find the permissibilty of lying for peace and for avoiding embarrassment, we also find it right to use it to prevent being cheated. There are two chapters of the Talmud devoted to this. (The sixth and seventh chapters of Baba Metzi'a). I'm about to make a wedding in my family. All the preparations have been made. I hired a band for $1,000 for the evening. Fifteen minutes before the wedding, the musicians come, and say that they will not play for less than $3,000. What am I to do? The wedding will be ruined. Must I accept their extortion? The Talmud rules that I may agree to the $3,000 demand...and then pay only the original agreed upon price of $1,000. I may not seek to "get even" and refuse to pay at all. They are entitled to their wage, and I am entitled to a fair deal. Again, some religious and philosophical traditions would say that I must accept the extortion, or else allow the wedding to be ruined. Torah says that fairness and justice must reign. Just as there is self defense in warding off bodily harm, so is there in protecting property and dignity! But I may not allow my pride to make an unjust situation. I have deflected the attempt at humiliation and unethical treatment, but I may NOT perpetrate an injustice in return. They must be paid, but only what was agreed upon. I must not return evil for evil.
How does this all apply to the story of Jacob? That will be my next installment.

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