EXOD833 Another way that we can improve our self-esteem is by not committing one of the basic sins in the Torah. Unlike any other commandment, it says that Jews have to run away from a falsehood, and they have a prohibition not to lie. Part of the prohibition about lying is not to lie to oneself! A person should not deceive himself or herself and think that he or she is worse or less talented or gifted than one actually is. A person also cannot lie and think that he or she is better than one actually is. But certainly, it would also be forbidden to put oneself down unnecessarily. Therefore, each person must do an honest reckoning of one's personality, achievements, and actions, and then judge oneself honestly. Most people with low self-esteem judge themselves too harshly. In judging one's actions, it is important that each individual do just that-judge actions, but not thoughts. It is important in judging oneself that each person not compare himself or herself with others. Why not? First, as was demonstrated above, each person is different, with unique qualities and potential. Second, just as we fool ourselves by often misjudging our accomplishments, talents, etc., we also misjudge the accomplishments and greatness of others. We often wish to emulate others, when these people are actually not worth emulating.

SHOW FULL EXCERPT

EXOD846 See [[EXOD762]] Exodus 23:1 report GATES 409-10

SHOW FULL EXCERPT

EXOD842 In the following Talmudic story, we see that it is permissible to bend the truth in order to make a bride feel good. Our rabbis taught: How does one dance before the bride? Bet Shammai says: "A bride as she is." But Bet Hillel says: "A beautiful and graceful bride." Bet Shammai then said to Bet Hillel: "If she were lame or blind, would you say to her 'A beautiful and graceful bride,' since the Torah says 'Keep far from a false charge'" [this verse]? Bet Hillel said to Bet Shammai: "According to you, one who made a bad purchase in the market, should you praise it before him or defame it? Surely you should praise it. Therefore the sages say: "One should always be pleasant towards people." [Talmud Ketubot 16b-17a].

SHOW FULL EXCERPT

EXOD852 Without truth, human society and human relationships cannot long endure. A customer must be able to trust the seller from whom he or she makes a purchase. A homeowner has to assume that the tradesperson will do an honest job in repairing his or her home. A client has to believe his or her lawyer. A patient must trust his or her doctor. Unless people tell each other the truth, our most basic relationships will disintegrate. It is not surprising that Judaism places great emphasis upon the importance of telling the truth. The Torah says: "Keep far from falsehood" [this verse]. The Talmud says that "the seal of God is truth" (Shabbat 55a). And after we die, the Midrash says that each one of us will stand in judgment before God, and the first question we will be asked is "Were you honest in your dealings with each person?" (Talmud Shabbat 31a). [Author then lists thirteen Jewish sources on telling the truth).

SHOW FULL EXCERPT

EXOD840 Duplicity, resulting in concealing the truth and in creating a false impression, even when the excuse be that it was for a good purpose [Shevuot 31a], is to transgress the Biblical command "Keep the far from a false matter" [this verse]. To pretend to harbor for another an affectionate feeling not actually there, in order to create favor, is to sin against truth. To be lavish in the singing of a bride's praises when she does not deserve them was considered by the School of Shammai as a transgression against the canons of strict truth. The School of Hillel, purely out of consideration for the peculiar circumstances, took a more lenient view [Ket. 17a]. As a precaution against telling an untruth, the advice is to train the tongue in cases of doubt to utter the words "I do not know" [Ber. 4a]. Especially on our guard must we be when speaking to children. "Never tell a child: 'I shall give you so-and-so' unless you actually will give it to him; lest he learn from you to tell untruths." [Sukk. 46b]. Truth is the hallmark of character. "Sin has many tools, but a lie is a handle to fit them all", a warning to be heedless of which is criminal folly.

SHOW FULL EXCERPT

EXOD851 Truth is the seal of God, the beginning and the end of all things [Deut i.17]. It is therefore a profanation of the name of God to avoid the truth with intent to deceive. Perjury is vigorously denounced in the Decalogue [Exodus xx. 7] and in other parts of the Torah [this verse; Lev. xix. 11]. False witnesses, in certain cases, were punished with that penalty which their victim would have received had their plot not miscarried [Deut. xix. 15-21]. Lying is an abomination which receives the lash of fury in all our teachings [Ps. xv.2; xxiv. 4; ci. 7; Zech viii. 16-17; Zeph. iii.13]; it is a direct offense against God "who lieth not" [I Sam xv. 29; Ps. lxxxix. 34]. On this account liars, mockers, hypocrites and slanderers cannot appear before the Heavenly Throne [Sot. 42a]. To speak the truth is a duty which admits of no limitation; only where domestic peace is threatened by the whole truth can "the white lie" be uttered. [Yeb. 65b. On account of shelom bayit, of not destroying that domestic peace and happiness that is so highly prized in our way of life, can a slight modification of the rigidity for truth be allowed.] It is the duty of the Israelite to deceive no man, to speak the truth in his heart and to suffer no false word to be uttered in his presence.

SHOW FULL EXCERPT

EXOD836 Can an expert witness tailor testimony? The secular justice system is a perplexing amalgamation. The adversary system on which it is based reminds us of the laissez–fare orientation of the marketplace. Each side competes to convince the judges of the superiority of its own claims, just as each competing business tries to convince the consumer of its own superiority. Yet the ultimate objective is to mete out impartial justice, where the weak and the strong have equal standing. Getting impartial justice out of a competitive process is a daunting challenge, and it demands the highest ethical standards from the participants in the system. Participants must respect the limits of the adversarial aspect of the process, and know when they are called upon to act with impartiality and integrity. This naturally raises the question of whether a hired expert witness has to be impartial. Q: Much of my income as a real estate appraiser comes from testifying as an expert witness. The litigants who hire me expect me to give low appraisals that will help them in court, and if I do not meet their expectations they'll hire someone else who will. Can I tailor my testimony to the needs of my clients? A: In order to answer your question, we'll have to clarify a critical distinction. There is a big difference between a litigant, or party to a trial, and a witness to a trial. Everyone understands that the litigants are not impartial, and that their claims may be carefully crafted to help their case in court. But a witness is expected to provide only facts, and to be completely impartial. Of course, even claims made by litigants must meet basic standards and be reasonable and defensible. The Torah warns the judge to "Distance yourself from falsehood" [this verse]. The Talmud explained that in order to maintain this distance, the parties to a lawsuit must help the judge by making only factual claims, even if a fraudulent claim would be necessary to achieve a just outcome. [Shevuot 31a] Realistically, however, we have to accept that in an adversary system the litigants are permitted to stretch their claims within the limits of what is reasonable and defensible. The job of the litigant is to present his own case in the most favorable light and to highlight weaknesses in the opponent's case. The job of the judge and the jury is to impartially adjudicate these presentations. We applied this idea above in explaining that an accountant is permitted to make a novel interpretation of a tax law and order to help his client, as long as he believes the interpretation can be defended. The accountant does not have to pretend that he is the judge making an objective determination. He is making a claim, and if the tax authorities disagree, they are welcome to make a counterclaim and let a judge decide. By the same token, if your client wants to claim that his property has a low value, you can work as a consultant and prepare documents that tend to support the claim, as long as the documents do not violate the basic standards of your profession. But a much different standard applies to a witness. A witness is never allowed to distort the truth. Even if a witness is called by one side, he is testifying on behalf of the court, not on behalf of a litigant. Jewish law is particularly strict on this point. Not only as a witness forbidden to actually distort testimony; he is forbidden even to feign willingness to serve as a witness in order to intimidate the other litigants into settling. This is true even if the decoy witness is convinced that this will lead to justice being done. The basis for this rule is again the verse, "Distance yourself from untruth" [this verse]. It is not enough merely to refrain from injustice; we have to distance ourselves from injustice by avoiding distortion of the judicial process [Sanhedrin 23a]. While the content of testimony should be unaffected by the payment to the expert witness, the hired witness may and should be careful to bring to light those facts which favor the side which hired him. In other words, he does not bias his judgment, but he does want to make sure that his impartial judgments are brought to the attention of the court so that the side which hired him can get a fair hearing. By the same token, it Is understandable if an expert witness is particularly careful to emphasize points favorable to decide which hired him. But this is not the same as making statements that go against your professional judgment and training. The real problem is with the system. An expert witness is an unfortunate hybrid-engaged and paid by one side yet expected to provide impartial testimony. The ideal situation in cases where expertise is required would be for both sides to agree on an expert. It would be wonderful if judges would instruct litigants to try and agree on an expert in such cases, just as judges sometimes instruct the sides to try to reach a settlement or to engage in mediation. Then there would be a strong incentive for the appraiser to be right on target, since the fairest appraisers would get the most business. If you developed a strong reputation as an impartial and accurate assessor, perhaps you could get business from disputants who will use you as an arbitrator. They will prefer to take their case to you rather than to court, knowing that they will get a fair judgment at a bargain rate since they do not have to pay lawyers.

SHOW FULL EXCERPT

EXOD837 Can I recommend my company's product in a chat room? It is a basic principle of business ethics that salespeople may not lie about their products. The Jewish tradition can make us sensitive to other, more subtle ways in which we may be misleading a customer. Q: Companies sometimes advertise their products by paying someone to enter an Internet chat room under a false name and praise the product as if he or she were an ordinary customer. The representatives view this as a service to the consumer. Is this an acceptable practice? A: The Torah tells us, "Distance yourself from any lie" [this verse]. Wouldn't it be enough to just command, "Thou shall not lie"? Perhaps because it's so easy to deceive without telling an outright lie that a simple prohibition on lying is not enough. Therefore the Torah warns us to distance ourselves from falsehood of any kind. In the case mentioned in the question, it may seem as if no one is lying. Using a fake name is a common practice in chat rooms and certainly does not fool anybody. The recommendations being made are sincere. The words are true-but the message is a lie. By using the strategy, the company is trying to communicate the notion that satisfied customers all over cyberspace are buzzing about their product. If the salesperson were to say this out right, they would certainly be lying; "telling" people the same thing through an elaborate charade only adds insult to injury by wasting people's time -and band width-with bogus endorsements. The Torah forbids us to "put a stumbling block before the blind" [Leviticus 19:14]. This includes misleading anyone who is blind to what is really happening. The sages give an example almost identical to the situation you describe. In his commentary on this verse, Rashi says, "Do not advise someone that it is in his interest to sell his field in order to buy a donkey, when your real intention is to buy the field from him." Here, too, the person is giving advice, perhaps even sincere advice, but his counsel is misleading because he hides his own interest in the outcome. In addition to being unethical, this practice is unprofessional. The code of ethics of the American Marketing Association, to take just one example, requires "Avoidance of sales promotions that use deception or manipulation." Many chat rooms also have their own by-laws regarding commercial promotions, and participants must observe these. The problem here is not sincerity but transparency. Since the identical endorsement will have vastly different meanings for the consumer depending on whether it comes from a disinterested fellow consumer or from an incentivized salesperson, hiding the personal stake in the outcome is definitely a form of deceit. Aside from the business ethics issue, there is also a problem here of personal ethics. You present yourself to this online community as someone who is interested in forming human connection with other members, yet your real interest is commercial. This is an unfair exploitation of the norms of these communities. Commerce is a positive area of human endeavor. Not only does it provide us with goods and services, it also stimulates human relations, because we need to reach out to others to meet our needs. The marketplace is also a meetingplace, and in cyberspace as well people enjoy the fellowship of chat rooms and newsgroups. Jewish tradition explains that our material desires have an important role to play in encouraging us to form human connections. But we should never put the cart before the horse and make profits the end and human relationships only a means. It is wonderful to exploit selling in order to generate friendships, but it is shameful to exploit friendships in order to generate sales.

SHOW FULL EXCERPT

EXOD838 Can I Sell Term Papers to a Commercial Site? Many people who would never dream of committing wrongful acts find ready excuses when it comes to helping others transgress. Some of these excuses may be valid, but Jewish law helps us look at the entire picture. In this section we discuss the ethical aspects of contributing material to a term-paper archive. Q: I'm a good student. Sometimes I make a little extra money by selling my term papers to a website that maintains a kind of archive of papers on various topics. Of course, I would never use one of these services, but is it unethical to contribute to them as well? A: It's a good thing that you do not use these services to submit bogus term papers. The very foundation of academia is that students are judged equitably on their own work; this foundation is completely undermined by plagiarism of any kind. Copying term papers is a kind of lying, of misleading others. When you put your name on the paper, you are making a statement that the work is yours. The Torah tells us, "Distance yourself from a falsehood" [this verse] The late Rabbi Moshe Feinstein points out that copying in school does not simply mislead the school; in many instances it constitutes a kind of stealing. The reason is simple. A prospective employer or client will naturally assume that an applicant has actually attained the level of training represented by his diploma or professional certification. If the applicant cheated and thus obtained the diploma fraudulently, any payment he receives from the employer or client is, in effect, stolen. [Responsa Iggerot Moshe, Hoshen Mishpat 11:30] Apart from this universal ethical problem, there is the simpler problem that all college students are bound by the academic rules of their institutions and these invariably prohibit plagiarism. Even if the scourge of plagiarism were not inherently unethical, it would still be wrong to go against this basic agreement to abide by the rules. Finally, there is the problem is that the true author is not acknowledged. Jewish tradition is profoundly sensitive to the pedigree of ideas. This is especially true in Torah study, where we find that the sages of the Talmud displayed incredible self-sacrifice to carefully recall the exact chain of transmission of various laws. The Talmud tells us that we should strive to cite our sources even in mundane matters. It notes that the miracle of the Purim holiday, as related in the biblical book of Esther, began when the king was informed about Mordecai's aid in uncovering the murderous plot of Bigthan and Teresh. This was possible because Esther carefully specified that the information came from Mordecai. Based on this story, Talmud states, "Anyone who cites a quotation in the name of its author brings redemption to the world." [Mishnah Avot 6:6, Megillah 16a] But your question is more subtle. You are not personally engaging in plagiarism; you are only aiding others to plagiarize. Furthermore, there are some convincing arguments in your favor. First, many people undoubtedly use term-paper services for permissible reasons, in order to get ideas and references which they will then use as source material for their own original work (the truth is that even this is academically questionable if they fail to reference the bought term paper). You might claim that it's not your fault if unscrupulous individuals submit the paper as is. Second, you may reason that you are really not contributing to the plagiarism problem at all. There are plenty of other papers out there, and if your paper were missing from the archive, those who wish to plagiarize would have lots of other opportunities. These arguments have a certain validity, but they're not sufficient to justify selling term papers. Let us explain why. Jewish law discerns three different levels of connivance with wrongdoing. ENABLING. The most serious level is when you actually enable wrongdoing. The Torah tells us, "Do not put a stumbling block before the blind." [Leviticus 19:14] Rashi explains that this refers to a spiritual obstacle which will enable the person to sin. The excuses we mentioned are valid ones from this point of view. Given the current (unfortunate) state of the term-paper market, there really are lots of other people offering the same merchandise. Adding one more paper is not "enabling" the student to cheat, unless perhaps the paper is on a very unusual topic. ABETTING. Abetting transgressions, that is, being an active participant, is less serious but also ethically condemned. Even if somebody else would help if you didn't, it is still wrong to be actively involved in helping someone transgress. The exact boundaries of abetting depend on many details; one important factor is the likelihood that your work will be ultimately used for forbidden purpose. [Gittin 61a] And practically speaking, the chances seem overwhelming that your papers are wanted in order to mislead instructors. Even a cursory look at the most prominent term-paper sites shows that they are carefully targeted to meet the needs of students who want to submit the paper they purchase. One site starts out by mentioning that he cannot guarantee a grade; only afterwards does it mention in passing that you should use the paper only as a source. Another site implies that plagiarism is illegal only in some places, but in others it is permissible. Practically all the sites mention that students using their services get excellent grades, implying that other clients can do the same by submitting papers from their service. To make matters worse, many sites offer to "personalize" the style and structure of the paper you purchased. Having a paper written in a particular style is of absolutely no use to someone wanting to use it as reference material, but it is certainly very important to students who want to actually submit the downloaded papers. [Shulhan Arukh, Yoreh Deah 151 and commentaries]. CONDONING. The third level of connivance is condoning a transgression. This is violated when you give the impression that there's nothing wrong with wrongdoing. An ethical person is not supposed to condone improper behavior; it is his responsibility to protest. Seeming to be involved in the activity is the ultimate form of condoning. On this basis, the Talmud [Shabbat 54b] teaches: "Anyone who is capable of protesting the acts of his household but does not protest is liable together with the members of his household; [if he does not protest] the acts of the residents of his city, he is liable together with the people of the city; [if he does not protest] the acts of the entire world, he is liable together with the entire world." This obligation devolves upon anyone who is in a position to make an effective protest against wrongdoing. One need not be involved in the wrongdoing to engage in protest. So, for instance, if term papers were sold in the store, it would be ethically problematic to go in and buy a term paper even if you wanted it for a legitimate purpose. [Shulhan Arukh, Yoreh Deah 334:48 in Rema]. Practically speaking, however, term-paper sites tend to be completely anonymous. The user is not identified with the transgression and does not give the impression of condoning it by using this service. Therefore, if you wanted to use the site for a permissible purpose, such as to obtain ideas or source references, you could do so without seeming to condone the more common illegitimate use. To sum up, there are various levels of forbidden cooperation with wrongdoing. The activity you mention, selling term papers to a site that will sell them to students to be submitted as their own work, falls into the category of abetting transgression. Even though you do not enable the transgression to take place, you are an active partner in it.

SHOW FULL EXCERPT

EXOD839 Can I trick competitors into revealing vital information? In many industries, accurate and up-to-date information about the competition is critical to business success. Unfortunately, this sometimes tempts merchants to use unethical methods to obtain information they need. One of the most common means is to impersonate a neutral figure, such as a customer, supplier, student intern, or government official. Is this a legitimate way to obtain information about a competitor? We need to know where to draw the line between legitimate market research and improper industrial espionage. Q: I'm interested in finding out if I can effectively compete in a certain market. Can I do a surreptitious survey of the level of price and service by pretending to be a potential customer or investor? A: Your desire to help customers by providing better service than they are getting from their existing suppliers is certainly commendable. But this and does not justify the use of deceit to examine existing market conditions. By viewing your suggestion through the prism of Jewish law, we will be able to discern the ethical problems it poses. DECEIT. The most severe problem here is deceit: the bogus survey is a way of tricking your competitors into revealing information they would like to keep secret. According to Jewish law, this kind of deceit is forbidden even if one does not lie outright. The relevant prohibition is known as geneivat da'at, meaning "stealing confidence." Confidence and trust are the foundations of civilized society; it is not justified to breach them just in order to make a few more dollars. Stealing money by fraudulently offering something in return is scarcely better than breaking and entering. Likewise, stealing information through deceit is scarcely more ethical than breaking into your competitor's safe to extract sensitive documents. EXPLOITATION Knowing your competitors' prices will help you to undercut them. But more important, it will give you a picture of the business environment in their industry. Their prices are probably based on a prolonged and expensive process of trial-and-error and learning about the market. Not only do you want to acquire this expensive commodity on the cheap; you also want to use this information to their disadvantage. The Mishnah [Gittin 5:8] tells us that if one person climbs a wild olive tree to shake out the olives, another person is not allowed to go and gather them from the ground. The second person would be taking advantage of the first person's efforts instead of going to the trouble of finding his own tree to harvest. In your case the transgression is compounded, because you would be using the "olives"-in other words, the market information-to the detriment of the person who invested in them. This is truly adding insult to injury. The practice you ask about resembles stealing a trade secret in order to compete with the inventor. Jewish law tells us that we should not take a free ride on the investments of others. They are entitled to fair recompense if we appropriate their efforts. UNTRUTH Furthermore, your survey letter is an outright lie, yet the Torah commands us, "Distance yourself from every falsehood " [this verse]. Truth is a supreme value, which should not be compromised even if there is no element of deceit or exploitation. According to Jewish law, we should only bend the truth in rare instances to avoid creating embarrassment or hurt feelings [Yevamot 65b, Bava Metzia 23b] Certainly, it is not permissible in order to fleece our business competitors. Human beings are created in God's image; we should strive to liken ourselves to Him; as the Talmud states, "The seal of the Holy One is truth" [Shabbat 55a]. Business often requires a degree of concealment, and that is why your competitors want to keep their capabilities and prices secret. But the legitimate practice of concealing some private information from your competitor or bargaining counterpart is far removed from a deliberate untruth. DISAPPOINTMENT Finally, the Talmud tells us that there is an additional, human dimension here. A business person who suggests a deal to a prospective customer has some legitimate hope and expectation of making a sale. The Mishnah states: "Just as it is forbidden to take advantage of others in commerce, so is it forbidden to take advantage of them in discourse. Do not ask [a merchant], 'How much is that item?' when you have no intention of buying." [Bava Metzia 4:10] The reason is that you are causing not only unnecessary trouble to the seller but also disappointment. Of course, merely inquiring about prices or services does not obligate you to buy from a particular version, and it is ethically permissible to shop around. But if you inquire about the terms of sale of the vendor, you must intend to give them a fair chance at getting your business. Otherwise, you are guilty of causing the vendor distress and disappointment. A bogus survey improperly raises false hopes. What options are open to you in your search for market information? Here are a few ideas: Public Sources. You may be able to get important information from public sources. Perhaps the firm publishes a catalog. Industry newsletters sometimes publish current pricing information. Advertisements occasionally offer special prices. Firms that do business with the government may be required to make the terms public, giving you at least a ballpark figure for private-sector pricing. The reporting requirements for publicly traded firms include the disclosure of accounting information that could be valuable to you. With a little imagination, you will probably find much useful data. Make a Deal. Instead of trying to get information underhandedly and on the cheap, decide that the market data you seek is valuable and worth paying for. Instead of pretending to be an investor, you can enter into a partnership with a current firm if conditions in the industry seem promising. (As assurance that you're not taking advantage of them, you can sign an agreement not to enter this industry on your own for some agreed-upon period.) Other possible deal partners are the other market players. Current merchants would be harmed by your entry into this market as a competitor, but customers and suppliers would benefit, and then they also have the information you need. Instead of making a fraudulent offer to a merchant, make a genuine offer to a supplier-one that will provide him with some guaranteed business in return for reliable market information. Or else sit down with a customer and suggest a deal that will provide him with special low prices in return for a survey of the market. However, you have to be careful. If suppliers or customers have agreements with merchants not to reveal pricing information to outsiders (like you), then it is unethical to persuade them to reveal this information. If you induce the customer to contravene his agreement, you violate the biblical mandate "Do not put a stumbling block before the blind" [Leviticus 19:14]-do not cause someone to stumble spiritually by transgressing. Another option is to actually decide to make a purchase. Then you may make an honest inquiry of competing businesses. For example, if you are thinking of opening up a haberdashery, you can decide to buy hats. Then you may go out and do some comparison-shopping. Even in this case, you have to be careful of the ethical problems we mentioned. To avoid deceit and unfair disappointment, you should plainly state that you're shopping around for the best deal. Most customers will go to at most two or three shops before deciding. If you're doing a broad survey, let the merchant know, so he can decide whether it is worth his while to invest a lot of effort in selling to you. Likewise, you need to restrict your research to a specific type of item. It is unfair to ask a merchant to take out his entire inventory in order to have a one-in-10 chance of selling one item. And to maintain truthfulness, you should not make up a cover story-hinting, for example, that you are looking for birthday present (even if you do intend to give the hat away, that's not your main object). Of course it is also necessary to actually make the purchase at the end of the day. Success in business sometimes depends on keeping some of your knowledge concealed. So you do not have to inform your prospective competitors that you are planning to go head-to-head with them. But for this exact reason you need to respect their rights to keep their service and price information under wraps and to disclose it only to serious prospective customers.

SHOW FULL EXCERPT