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135

EXODUS | 23:3 deference — EXOD785 However, a real understanding of the rela...

EXOD785 However, a real understanding of the relationship between Halakhah and morality must begin with an awareness of what must be seen as a basic conflict between their fundamental principles. The Halakhah in its aspect of law and in regulating regulations between man and man is based upon the concept of justice and equality. It therefore stresses the notion of "What is mine is mine, and what is thine is thine." In its social aspects, it emphasizes negative rules or prohibitions because it assumes that individuals come endowed with life and possessions and rights. It therefore strives to prevent the proper order of society from being disturbed and the rights of individuals from being violated (This is perhaps why the moral rules in the Decalogue are primarily negative). The point of conflict with the broader concept of morality can be understood in the disparity between "Thou shalt not favor a poor man in judgment" and "Make right the poor and the indigent" [this verse, Psalms 62, Chullin 134]. In considering a judgment between two individuals, the Halakhah requires that we ignore the fact that one is poor and the other rich and make every effort to decide the case with objectivity and in accordance with the general rules governing possessions or damages or rights or responsibilities. But what of our obligation to help the needy, to have compassion up on the poor, and to unselfishly give of ourselves and our fortunes in our love for others? The answer is that you may indeed voluntarily relinquish what is your own. In judgment, however, the judge may not be charitable with the money of others. The case must be decided on its merits (Ketubbot 84). The basic disparity between din (morality and its aspect of judgment) and morality as benevolence is reflected in an important Mishnah: "There are four attitudes among men: he who says, 'mine is mine and thine is thine,' is a median [middle-of-the-road] attitude, but others say it is the attitude of Sodom. He who says, 'mine is thine and thine is thine' is a Hasid…" (Avot 5:13).

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Source KeySPERO
Verse23:3
Keyword(s)deference
Source Page(s)185-6

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