Kevod Ha-beriyot — More than Human Dignity

17.01.2016

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Bein Adam
Le-chavero:
Ethics of Interpersonal Conduct
By Rav
Binyamin Zimmerman
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Shiur #09: Kevod Ha-beriyot 
More than Human Dignity
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The
Greatness of Kavod for All
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Since
the beginning of the year, we have dealt with the special regard one must show
for ones parent and rebbe, as well as the elderly and learned in general; but
what about other individuals? While many have the misconception that the Torah
does not require us to be overly concerned about others, this outlook misses the
mark completely. It is completely antithetical to the Jewish concept of
interpersonal holiness.
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In
previous years, we have seen the centrality of You shall love your fellow as
yourself" (Vayikra 19:18), but there is another concept of even greater
universality: the special treatment of all mankind known as kevod ha-beriyot
(literally, the honor of the creations).
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The
Talmud (Berakhot 19a) states:
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Great
is kevod ha-beriyot, as it overrides a prohibition in the
Torah.
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Although the language of this
statement would seem to indicate that kevod ha-beriyot may override any
biblical prohibition, the Talmud goes on to explain that the reference is
specifically to Lo tasur, which forbids deviating from the rulings of the
rabbis: 
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According
to the law they teach you and the ruling they hand down to you, you shall do;
you shall not deviate
(lo tasur) to
the left
or the right from that which they tell you. (Devarim
17:11)
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The
Talmud thus indicates that out of concern
for human dignity, the
Sages permit the suspension
of rabbinic laws in cases where the two collide. Nevertheless, the Talmud
does go on to raise some examples of biblical obligations which are set aside
(at least passively) for the sake of kevod
ha-beriyot.
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The
phraseology of the Talmud indicates two things: firstly, that kevod
ha-beriyot is gadol (great); secondly, that it has the power to
override rabbinic commandments (and, at least passively, biblical ones as well).
These two aspects are not necessarily identical. Supersession is a complex
mechanism, and one must have great halakhic knowledge in order to employ it
properly. However, the message that kevod ha-beriyot is great may be
appreciated even by one who isn't well-versed in the mechanics of halakhic
supersession. 
<o:p> </o:p>
The
Meiri (ad loc.) defines kevod ha-beriyot as an extremely
precious quality; indeed, no quality is more precious than it.

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He
continues, however, by saying that:
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Even
though kevod ha-beriyot is so precious, the honor due to the Torah is not
overridden by it, and one does not push aside biblical commandment through
active violation for the sake of kevod ha-beriyot. 
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This
allows the Meiri to explain the Talmuds ruling that one may ignore the mitzva
to return a lost object if the item in question is embarrassing to be seen
publicly with for the Torah does not say that one should give honor to others
while embarrassing himself.
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The
Torah's care and concern for one's dignity is so powerful that it can override
even interpersonal mitzvot.
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The
Scope
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The
obvious question in this context is one of scope. Whose kavod does the
Torah take into account? 
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Identifying the source of this
mitzva may help. The Talmud notes that if one encounters an unattended corpse,
one must bury it, even though this will prevent one from partaking of the
paschal sacrifice. This reflects the importance of burial in the Torah:

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But
you shall not leave his body on the pole overnight. Rather, you shall bury him
on that day, for one left hanging is a blasphemy of God, and you shall not
defile your land, which Lord, your God, is giving you as an inheritance.
(Devarim 21:23)
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Why
is this blasphemous? Rashi (ad loc.) comments:
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This
is a degradation of the King Who created man in His image, and the Jews are
God's children. This is comparable to identical twin brothers. One becomes king,
while the other is arrested for robbery and hung. In order that those who pass
by the gallows not say the king is hanging, the king orders that his body be
quickly removed.
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This
mitzva of burying the dead is thus rooted in the Godly image in which man
is created, which according to many sources would seem to indicate that its
scope should include all individuals created in the divine image, for in the
image of God He created man" (Bereishit 9:6). This would seem to be the
source for kevod ha-beriyot as well.
                     

Indeed, the Korban Ha-eda explains
that Ben Azzai views the verse
This is the book of the generations of man (Bereishit 5:1) as an even greater principle
than Vayikra 19:18, as it applies to all of humanity, not only
Jews. (See Year 1, Lesson 30.)
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HaRav
Aharon Lichtenstein notes, in Kevod
Ha-beriyot:
Human Dignity in Halakha (available at: <A
/archive/halak63/01kavod.rtf">www.vbm-torah.org/archive/halak63/01kavod.rtf</A><CITE>)</CITE>: 
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In
terms of scope, kevod ha-beriyot covers a very wide range.  "Beriyot" ("creatures") refers
here not only to Jews, but rather to all people.  Indeed, this all-encompassing scope
emerges from the Rambam's comments (Hilkhot Sanhedrin 24:9-10):

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"Similarly, [a judge] has the right
to bind one's hands and feet, imprison him in jail, push and drag on the ground
With regard to everything, his actions must be for the sake of Heaven.  He may not take human dignity [kevod
ha-beriyot] lightly, for it overrides rabbinic prohibitions, and certainly
the dignity of the children of Avraham, Yitzchak and Yaakov who bear the true
Torah"
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The
Rambam begins with the general value of kevod ha-beriyot, and only
thereafter addresses the specific issue regarding "the children of Avraham,
Yitzchak and Yaakov."  Clearly,
then, "beriyot" includes all human beings.
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The
Rambam begins with the general value of kevod ha-beriyot, and only
thereafter addresses the specific issue regarding "the children of Avraham,
Yitzchak and Yaakov." Clearly, then, beriyot includes all human
beings.
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To a
certain degree, kevod ha-beriyot is an offshoot of the extreme care we
show to the dignified individuals we have discussed in the previous lessons.
Elders and parents must be treated specially, but every Jew, and every human,
has inherent and inviolable dignity.
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The
Talmudic principle of "All Jews are the sons of kings (Shabbat 128a)
grants nobility to those who recognize their heritage from Avraham, Yitzchak and
Yaakov, who set out to teach the world about the oneness of God and to allow
people to appreciate the divine within them. As a kingdom of priests and a holy
nation (Shemot 19:6), all Jews deserve this level of respect. However,
all of mankind is endowed with Godly characteristics and is to be treated
accordingly. 
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Rav S.
R. Hirsch (Shemot 4:22-23) explains the unique terminology which God
tells Moshe to use when first presenting himself to Pharaoh: My son, My
firstborn, Yisrael. What does this status mean?
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The
firstborn is not the one who is free and unfettered. On the contrary, his duty
is to be the first servant. Moreover, even among animals and plants, we find the
firstborn. The form of the word is active, not passive The forces of the womb
which have been restricted and closed are released and unfolded by him, as he is
the one who opens the womb. He is firstborn not for himself, but for those who
come after him. With him, his mother enters her new calling as a mother. He
leads the way. His holiness lies in that, through him, the home is first blessed
with children; through him, the womb becomes holy. Everything that subsequently
passes through this portal will be holy unto God
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Hence,
when God says, My son, My firstborn, <?xml:namespace prefix = st1 ns =
"urn:schemas-microsoft-com:office:smarttags" /><st1:country-region
w:st="on">Israel</st1:country-region>, this means: with <st1:country-region
w:st="on">Israel</st1:country-region>, the womb of humanity will be opened; with
<st1:country-region w:st="on"><st1:place
w:st="on">Israel</st1:place></st1:country-region>, the dance will begin; all the
peoples are obligated to join him as My sons. I come to you in your own name and
in the name of all of humanity. <st1:country-region
w:st="on">Israel</st1:country-region> is My first, but not My only, child;
<st1:country-region w:st="on"><st1:place
w:st="on">Israel</st1:place></st1:country-region> is only the first people that
I have won as Mine
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Rabbi
Akiva states (Avot 3:18): "Beloved is Man, who was created in the image
of God; it is by special distinction that he was created in the image of God.
This is a reference to all humans, who are endowed with a divine
dignity.
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More
importantly, kevod ha-beriyot applies to oneself. The Midrash (Vayikra
Rabba 34) describes how Hillel the Elder cared for his own needs due to this
recognition of being created in the image of God.
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This is what is meant
by the verse, A kindly man benefits himself (Mishlei 11:17); this
refers to Hillel the Elder. When he took leave of his students ... [they] said
to him, Rabbi, where are you going? He said to them, To perform a mitzva.
They said to him, Which mitzva is it? He said to them, To wash in the
bathhouse. They said to him, Is this a mitzva? He said to them, Yes. The
person in charge of the statues of kings positioned in the theaters and circuses
scrubs them and rinses them, and he receives payment. Indeed, he is promoted
among the royal dignitaries! I, created in the image and form [of God], as it
says, For in the image of God He created man, all the more
so!
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A different approach:
A kindly man benefits himself - this refers to Hillel the Elder. When he took
leave of his students... [they] said to him, Rabbi, where are you going? He
said to them, To perform kindness with this guest in my home. They said to
him, Every day you have a guest? He said to them, Is this pitiful soul not a
guest inside the body? Today it is here, tomorrow it is not
here.
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Tonally, there is a
different between these two analogies, the statue of the king versus the lowly
houseguest, but they both underscore the importance of kevod
ha-beriyot.
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To a certain degree, it
is this recognition of our connection to God, as well as our dependence upon
Him, that reaffirms the sacred element of kevod ha-beriyot. It is not
mere humanism, but a religious perspective thereof: the worth of man is
determined by the way in which God creates humanity.
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Therefore, as Rav Lichtenstein there
states, one should not confuse kevod ha-beriyot with the pervasive
discussion of human dignity, as there is a profound religious outlook which
gives importance to this ideal. One recognizes man's unique stature as a
beriya, a creature cognizant of being fashioned by the Almighty. Man is
created by God and in the image of God" for a purpose. With all of its
greatness, humanity is limited; recognition of that fact only serves to maximize
the human races potential.
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How
Far Does This Principle Go?
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The
verse (Shemot 20:23) states:
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And
you shall not ascend with steps upon My altar, so that your nakedness shall not
be exposed upon it.
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Rashi
cites the explanation of the Mekhilta (Ba-chodesh 11). A priest who would
widen his stride while ascending the altar would not actually reveal his
nakedness to the altar, as the priests wore pants under their robes, but
nevertheless it would be viewed as behaving towards the stones in a humiliating
manner. 
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A
fortiori, if the Torah forbids disrespecting these stones, which have no
intelligence in order to be able to object to their humiliation, all the more so
your friend, who is created in the likeness of your Creator and who certainly
would object to being humiliated, deserves to be respected and never
embarrassed.
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The
Torah required that even inanimate objects be treated with respect so that
people may recognize the essentiality of maintaining human
dignity.
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Rav
Chaim Shmuelevitz (Sichot Musar, Devarim) notes that this idea of human
dignity is broader than it appears at first glance. He cites Rashis approach to
Devarim 1:1, which takes all of the places named there as allusions to
sites of national sin. Although these events are well-known, Moshe does not
call the people out, as it were; he feels it unnecessary to embarrass the
Jewish people in order to rebuke them. 
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This
requirement of maintaining human dignity even applies to the meanest of
people.
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Rabbi
Elazar said: Note the seriousness of putting a man to shame, for God espoused
the cause of Bar Kamtza, destroying His House and incinerating His Temple.
(Gittin 57a)
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Although Bar Kamtza was a lowly
miscreant, willing to destroy the <st1:City w:st="on"><st1:place
w:st="on">Temple</st1:place></st1:City> for his own petty quarrel, God still
views his basic dignity as important enough to allow his humiliation to be
avenged. 
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Furthermore, even Bilam, the man who
tried to curse the Jewish people, was spared humiliation! Rashi relates
(Bamidbar 22:33) that the angel killed his donkey so that he not be
humiliated by people who would say: "This is the donkey that rebuked Bilam and
left him speechless!"
<o:p> </o:p>
The
Talmud (Bava Kamma 79b) extends this even to thieves, explaining the
Torahs distinction (Shemot 21:37) between the fines paid by those who
steal and then slaughter or sell oxen and sheep respectively:

<o:p> </o:p>
Rabban
Yochanan ben Zakkai said: Note how great is the importance attached to the
dignity of man, for in the case of an ox which walks away on its own feet the
payment is five-fold, while in the case of a sheep which is usually carried on
the thief's shoulder only four-fold has to be paid. 
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Similarly, Torat Kohanim
(Kedoshim 10) notes that idolatrous sites must be destroyed because they
recall human disgrace. The Midrash goes on to state: If the Holy One, Blessed
be He, is so concerned with the dignity of the wicked, all the more so He is
concerned with dignity of the righteous!
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This
idea is also expressed in the Mishna (Avot 2:10):
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The
honor of your fellow should be as precious to you as your own
honor.
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The
Greatness of Man
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What
does it mean to view others with dignity? Rav Chaim Shmuelevitz points out that
one must not only refrain from degrading and insulting others; one must magnify
and enhance the prestige and honor of one's fellows. This is walking in the
footsteps of God who wants to enhance the prestige of others; as the Talmud
(Chullin 6b) says, God left room for individual
accomplishments.
<o:p> </o:p>
If we
are astonished by the overwhelming importance of kevod ha-beriyot, this
is only because we don't truly comprehend the towering stature of the human
being. If we could see the potential of the mortal, we would not doubt the
importance of this mitzva.
<o:p> </o:p>
In
next week's lesson we will continue our discussion of kevod ha-beriyot,
but we will end this lesson with an anecdote. The story is told that a
well-known rabbinical figure in <st1:City w:st="on"><st1:place
w:st="on">Jerusalem</st1:place></st1:City> thought he saw the Brisker Rav, Rav
Velvel Soloveitchik, coming towards his building. He quickly set up the table
and asked his wife to put together the most dignified meal she quickly could as
he ran out to greet the elderly sage. As he was running toward the elderly man,
this individual was looking less and less like the Brisker Rav. Already a few
feet away, it was clear to him that his vision had gotten the best of him, and
this in fact was not the Brisker Rav, but another elderly individual who
resembled the Brisker Rav from a distance. 
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The
rabbi questioned his next move. He could stop and make believe he had been
running for some other reason, and no one would know his mistake. However, the
rabbi decided that if a nice meal had been prepared for the Brisker Rav, it was
also a meal fitting for any other Jew. The level of care every Jew deserves is
very great, and therefore, he invited the old man in to his home and shared with
him the wonderful meal.
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Ultimately, we may say that all of
humanity is, essentially, part of the royal family of the King of Kings. The
Alter of Slabodka, Rav Nosson Tzvi Finkel, founded his school of musar
(ethics) on this principle, arguing that many halakhic rules are based on this
idea. Man's greatness and the obligations that outlook places upon each
individual are part and parcel of the message of human holiness which the Torah
espouses.
<o:p> </o:p>
In
summation, the Talmud (Berakhot 17a) cites the Rabbis of
Yavneh:
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I am a
creature of God, and my neighbor is also His creature. My work is in the city
and his is in the field. I rise early to my work and he rises early to his. As
he cannot excel in my work so I cannot excel in his work. But perhaps you say:
"I do great things and he small things." We have learned that it matters not
whether he does much or little if he only directs his heart to
Heaven.
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This
is the secret of the dignity due to all mankind.<A
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