GEN1559 See [[GEN1401]] Genesis 33:4 kissed MEIR 211-2

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GEN1578 “My job is to restructure a bloated company. Should I be trying to fire as many people as possible, or just enough to make the company reasonably profitable?” A manager is hired to work on behalf of the business owners. And it is a basic principle of Jewish law and tradition that an employee or agent should do his utmost for his employer. A worker “Is required to work with all his strength.”  Shulhan Arukh, Hoshpat Mishpat 337:20 A fine example is the biblical figure of Joseph, who demonstrated exemplary devotion to the interests of his higher-ups, whether in the house of Potiphar, in the prison, or in the Royal Palace. We might assume, then, that the manager should do everything in his power to cut costs, including slashing a number of jobs to the bare minimum, in order to increase value for the owners. But a broader look at the Jewish sources shows that a more balanced approach is called for. The owners have certain ethical responsibilities toward their employees, and these ethical responsibilities of ownership are delegated to the manager just as the commercial responsibilities are. Jewish tradition gives the employer a special responsibility to consider the welfare of his employees because of their dependent status. For example, he is required to pay them on time: “Give him his pay on the same day, do not let the sun go down on it; for he is poor and his heart is set on it.” Deuteronomy 24:15 In a famous case in the Talmud, Baba Metzia 83a some movers accidentally broke a cask of wine belonging to a prominent sage. When the sage wanted to sue them for damages, his teacher admonished him that under the circumstances the fair thing to do was to leave the workers alone and even pay them their wages. The workers toil on behalf of the employer and so the employer has a special responsibility two look after their needs to the extent of his ability. The Talmud also teaches us that it’s spiteful for a manager to bargain workers down to the lowest possible wage if the employer is willing to pay more. Baba Metzia 76a This does not mean that an employer has to pay any particular number of workers or pay any particular wage. On the contrary, the norm in Jewish law is that a worker may be fired for reasonable cause. But it does mean that the welfare of the workers should be one of the many factors that go in the making policy; this probably rules out firing “as many people as possible.” … It is true that the manager is the representative of the owners. But just as he should faithfully represent their economic interest, so should he faithfully represent their ethical interest, including their responsibility to treat employees thoughtfully. So while laying off workers to increase the firms earnings is not inherently unethical, you should try and adopt a balanced approach. Remember that Joseph realized that it was ultimately in Pharaoh’s own interest to adopt the humane policy of turning Egypt’s farmers into independent partners instead of subordinate slaves [this verse]. MEIR 149-50

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EXOD419 Is Playing Hooky Unethical? A school is a workplace, with expectations and rules, and has its own unique business ethics issues. One dilemma faced by virtually all students is the ethics of cutting classes. A: All the kids at my high school, when they have a doctor's appointment and the like, stay out a little longer for lunch or ice cream. On a "once in a while" basis, is this a real problem ethically? Are we "robbing" our parents, who pay a fortune to send us to private school? A: The issue of cutting class is a difficult ethical dilemma. On the one hand, it seems clear that cutting classes occasionally is not inherently unethical. After all, you're not getting paid by the hour. Judaism considers girls over the age of twelve and boys over the age of thirteen to be adults responsible for their own decisions. Sometimes a student may make a mature decision that some other activity is more important than school attendance. At the same time, there is no doubt that playing hooky can involve a variety of serious ethical problems. It's rare to find a conscientious individual who does not make class attendance an overriding priority, and there are plenty of students who are scrupulous never to miss a class. An examination of some of the ethical issues involved will provide a foundation for judging the boundaries of acceptable behavior. Honoring parents. Honoring parents is a very important matter. Everyone has an obligation to honor their parents; this is so important that it is one of the Ten Commandments [this verse]. Although this obligation does not require a child to obey every order given by a father or a mother, Jewish tradition ascribes immense value to obedience. Parents are generally in an excellent position to judge what norms and obligations are best for their children. As long as you are living at home, you have the additional responsibility of conforming to household norms, which probably include regular school attendance. If good attendance is very important to your parents, or if your skipping classes will reflect badly on them or on other family members, there is a good chance that you will be falling short of your responsibility to your family if you miss class. Respect for Teachers. In Jewish tradition, a student is obliged to show respect and reverence toward his teachers. This is especially true in Torah studies but applies also to secular studies [Pesachim 108a]. Skipping class shows disrespect for teachers and for the school as a whole. In addition to the inherent problem of showing disrespect, class cutting may demoralize a school's teachers and precipitate a breakdown in the school's discipline, problems that may eventually affect the entire student body and faculty. Another serious problem is that playing hooky may incite other students to follow your example, against their better judgment and their best interest. Honor code. If your school has an honor code, you must abide by it. An honor code is a solemn obligation that students take upon themselves, and they must be careful to live up to its standards. But by the same token, the school's administrators should ensure that any honor code students are expected to adopt makes only reasonable demands. If the code's requirements are excessive, then it invites cynicism and educates toward expediency. Jewish law specifies that sons and daughters have a strict responsibility to obey when their parents ask for help, but balances this with a stern warning that parents must not make excessive and in reasonable demands. [Shulhan Arukh, Yoreh Deah 240:19] Temptation to Cover Up. The act of cutting class has very strong ethical ramifications because a student who cuts may be strongly tempted to misbehave in other ways. If he is caught, he is tempted to lie; having missed class, he may be tempted to copy homework or cheat on an exam. The Mishnah tells us that "one transgression drags along another," [Avot 4:2] and this is certainly true of playing hooky. Jewish tradition warns us against putting our values to the test in this way. A short prayer which is part of the morning service begs God to save us from "temptation and disgrace," which all too often go together. Conclusion. Mature teenagers are beginning to take on adult responsibility. This means that they can begin to establish their own priorities, which are not necessarily identical to the expectations others have of them. Perhaps there are times when serious and important commitments should have priority over school attendance. On the other hand, attaining a sense of responsibility means that the students should be able to appreciate the immense importance of a good education and of a positive attitude toward the schools they attend and the norms that apply in school. A student who carefully takes account of all these considerations will very likely conclude that skipping class is seldom a good idea. The best solution is to obtain permission in advance for any valid absence from class, thus avoiding the problems of cynicism and disrespect.

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EXOD476 Can I advertise my product through mass mailing? Q: My firm provides a unique product that could be of interest to many individuals. Someone has offered to make a pitch through a "spam" mailing to millions of individuals. A: In principle, Jewish tradition does not frown on promotion. It is legitimate for a seller to try and make his product known to potential buyers, and to inform them of the benefits of his wares. For example, the Mishnah states that a store owner is allowed to give free gifts to buyers in order to induce them to come to his store. [Mishnah, end of fourth chapter of Bava Metziah]. And our ancient sages took special steps to encourage door-to-door salesman who sold important products, such as cosmetics, which were not available in stores Bava Batra 22a. However, we must take care that selling doesn't turn into harassment. We can learn this principle from two laws of commerce that relate to buyers, and apply them to sellers as well. The Mishnah states that a buyer shouldn't waste the time of a seller by feigning interest in a purchase [Mishnah, end of fourth chapter of Bava Metziah]. This is considered a violation of the Torah prohibition of causing gratuitous torment to others. The seller devotes his energy to the customer believing he is being given a fair chance to make a sale; if in fact the "customer" has no interest, then the seller is being imposed upon. The customer should take the time of the seller only if he has some minimal interest in buying. By the same token, a seller shouldn't waste the customer's time by an offering when there is no particular basis for thinking that the customer might be interested. There should be some rational basis for assuming that the email (or junk mail) recipients may have some interest in your product or service. Otherwise, you are imposing on the recipient. There is another, complementary law which provides a complementary insight. One of the Ten Commandments is "Don't covet" what belongs to our neighbor [this verse]. But we must admit that giving a hard and fast definition of "coveting" is not so easy. Our desire tells us that the redline is definitely crossed when our desire is so great that we try to convince the owner to sell us a personal possession that he really has no interest in parting with. [Mechilta on this verse]. Such uninvited approaches are again really just a form of harassment. This law, too, can be extrapolated from buyer to seller. Someone who tries to convince someone to buy a product that he has shown no interest in acquiring is engaging in exactly the same kind of harassment [Rabbi Yaakov Bloi, Pitchei Hoshen Geneiva 30 note 26]. This is completely different from a salesperson trying to persuade a customer who has intentionally come into the store or has agreed to listen to a sales person's pitch. It's hard to provide a clear definition of when targeted marketing turns into spam. But the two sources from Jewish law can help provide some context. In both cases, the criteria on what makes the approach permissible is not a desire to make a deal per se but rather the existence of a basic interest. A customer who has some interest in making a purchase is not wasting the salesperson's time, and a person who has expressed even a possible interest in selling his property may be approached by someone with an interesting offer. By the same token, a recipient considers an email to be "spam" not because he doesn't want to buy the product but rather because he is not interested in even learning about the product. It's not only a waste of this time to read the message; it's even a waste of time to go to the trouble of deleting it. Based on this criterion, a mass mailing would be problematic if it is for something that relatively few people are interested in learning about and no efforts are made to target specifically those individuals who would express interest. It goes without saying that the mailings should not violate the law. Very often middlemen of the kind you mention use illegal techniques to evade anti-spam efforts of Internet service providers. For example, if they use a false return address. When you use the services of such an agent, Jewish law views you as an accomplice to the crime. Targeted mailings, when carried out in a legal fashion, are a legitimate selling technique according to the principles of Judaism. But these mailings turn into unethical harassment when no effort is made to target individuals who would be expected to have some interest in learning about your produce, or if the message is misleading.

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EXOD602 Why does the Bible condone archaic practices such as slavery? The Jewish people, and indeed mankind as a whole, view the Bible as a vibrant source of ethical inspiration. At the same time, some of the institutions described and even condoned in the pages of Scripture do not harmonize with our modern ethical sensibilities. The Torah seems to condone economic institutions that are archaic, to say least. We need to carefully examine the nature of the ethical insights provided by the prophetic writings. Q: Some of the institutions described in Scripture do not seem very ethical. For instance, we find that slavery is condoned. How then can view the laws of the Torah as the formal source of ethical guidance? A: There is unquestionably a certain tension between the ethical values emphasized in Scripture and some of the practices and institutions regulated and accepted by biblical law. In order to understand this paradox, we have to deepen our understanding of how the Torah is meant to lead mankind to an ideal human society. The central insight in this understanding is that Torah does not dictate exactly how our society should function. The object of the law is not that human beings should be robots and all of their actions inflexibly established by divine degree. The Torah gives specific laws that legislate a basic level of ethical behavior together with exalted values that guide us in using our own conscience and ethical judgment to build on these values and move mankind forward to the divine ideal. One source of these ideals is the stories and exhortations in the Torah. For example, the idea of human brotherhood equality is learned from the creation story. The Talmud states that even though God wanted the world to be filled with many people, He began the human race with a single individual to teach us that all humans are brothers, and no one can boast a lineage more elevated than anyone else's. We all have the same father, Adam, and afterwards Noah. Sanhedrin 37a. Another way we can discern the divine ideals is from the laws themselves. Beyond their specific content, each law has a profound inner message. The great medieval rabbi, Nachmanides, writes in his commentary on the Torah: [Deuteronomy 6:18] "It is impossible to mention in the Torah every detail of a person's conduct with his neighbors and friends, all of his business dealings and the policies of towns and countries, but after it [the Torah] mentioned many [individual laws]... It went back to state generally that we should do the right in the good in everything." In other words, the Torah gives us specific practices to create a foundation and lofty ideals to aspire to. The next thing we need to understand is how the human race is meant to move forward toward these ideals. The answer is that the process is evolutionary, not a revolutionary one in which our conceptions and institutions are systematically discarded. The Torah does not give us a roadmap with specific instructions for getting from here to there in a particular place and time. Its main importance is as a compass that provides us with the orientation in a specific locale while also pointing us in the proper direction of travel beyond. In other words, the educational vision of the Torah teaches us how to behave properly within current institutions and directs us toward the high road to universal human flourishing. Let us apply these concepts to the example you mention: slavery. At the time the Torah was given, slavery was a universal economic institution, perhaps a vital one. Since the educational vision of the Torah is not revolutionary, the first step in creating an ethical society is to establish fundamental ethical standards appropriate for the economic institutions that exist at the given time. This is done through the many commandments to ameliorate the status of the slave. Here are some examples: the commandment to give the slave Shabbat rest, through a sense of identification with his plight [Deuteronomy 5:13-14], the requirement to free slaves if they are subject to physical abuse, [this and following verse], the requirement to take care of their basic needs [Leviticus 25:37]. At the same time, the Torah contains passages that highlight the human cost of the institution of slavery. For example, the curses the Torah describes as a consequence of sin depicts slavery as the ultimate curse; it is mentioned last, after sickness and exile, as the lowest possible rung of human existence. [Deuteronomy chapter 28] This provides the impetus to create a more humane society in the future, a society in which this outdated institution will no longer have a place. So we see that the Torah begins by acknowledging the practical state of the human race, including the state that applied in the time when the Torah was given, even as it guides and inspires us to progress beyond our current state. The laws of the Torah contain an outer expression that enables us to maintain an ethical lifestyle according to the material circumstances that exist any given time, as well as an inner message of human brotherhood that enables the human race to transcend those social institutions, such as slavery, which are ultimately an obstacle to ethical perfection. ... The Torah gives us the means to maintain basic standards of decency and ethical behavior according to our imperfect surroundings. But it also provides an inspirational vision of a perfect future world, so that we may simultaneously strive to move beyond the surroundings and continuously work toward human perfection.

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EXOD667 Do I need to make exceptions for widows in my business? The essence of market relationships is that they are detached and impersonal. They take place through the "cash nexus." But the requirement to be considerate toward the emotionally vulnerable challenges us to display human sensitivity even within the framework of our economic relationships. Q: If I have a customer who is a widow, should I give her a discount? If she's late paying, am I allowed to use normal collection methods? A: The Torah repeatedly admonishes us to display special consideration for widows. An examination of these admonitions will lead to an answer to your question. One common motif regarding widows is to take account of their often precarious economic circumstances. In at least a half-dozen passages, the Torah specifically mentions widows as among the needy persons we should provide for when we give charity, agricultural tithes, and so on. "When you reap the harvest of your field, and you forget a sheaf in the field, do not go back to take it; let it be for the stranger, the orphan, and the widow, so that the Lord your God may bless you and all the work of your hands."[Deuteronomy 24:19; see also 4:29, 16:11, 16:14, 24:20–21, 26:12-13] Someone who has enough is always obligated to provide for those who are needy, but we should pay particular attention to the widow because of the unusual difficulties she has in supporting herself and, often, her family. But the Torah also tells us, "Do not cause anguish to a widow or an orphan" [this verse]. This commitment relates to any widow, whether rich or poor. Here special consideration for the widow is called for because of the likelihood of emotional vulnerability. Her memory of her loss together with the ongoing experience of going it alone mean that the widow is likely to be more in need of support and encouragement than others. The first consideration is relevant to your question if the widow is poor. While there is no commandment to give a discount to poor people or to refrain from collecting debts from them, we have often pointed out in our columns that the ideal way of helping the needy is through normal market transactions. If you are in a position to give charity to the poor, then an excellent way of doing so is by giving service to them at special low prices or on unusually favorable terms of credit. This would apply particularly to a widow. The second consideration does not apply solely to economic transactions and holds irrespective of the widow's financial situation. We should be thoughtful and considerate and all our relationships with others, and most especially with someone who is emotionally vulnerable. These two commandments define two poles: one relates specifically to economic interactions because of the widow's economic vulnerability; the other pertains to all social interactions because of the widow's emotional vulnerability. Between these two extremes of economic and emotional interaction, there is an intermediate factor that we have often discussed: the human dimension of our market activities. The Torah touches upon this in a third mandate which is like a hybrid of the other two. The Torah warns us not to demand a pawn (collateral) from a widow before the loan is due. "Do not distort the judgment of a stranger or an orphan, and do not repossess the garment of a widow."[Deuteronomy 24:17] The Talmud concludes that this commandment, despite its economic nature, applies even to a wealthy widow. [Bava Metzia 115:1] The explanation is that a demand of this kind, despite its economic nature, can be demeaning or distressing beyond its economic impact. This commandment is relevant to your situation. A person is always allowed to collect money for services rendered, but even legitimate collection actions sometimes have a way of declining into adversarial confrontations that do not dignify either side. If a widow is involved, we should be especially careful to make sure all collection actions or legal actions are carried out in a businesslike fashion. The Torah's attitude toward widows teaches us that we should display special consideration toward anyone who is financially or emotionally vulnerable. [See the Sema commentary on Hoshen Mishpat 97:22] When we interact with the vulnerable, even our economic interactions should display an extra measure of human thoughtfulness.

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EXOD731 Whenever we encounter human interaction, we encounter ethical obligations. We have ethical obligations in our relationships with family members, with neighbors and friends, and with economic contacts such as customers, suppliers, employers, and employees. In addition, all of us are members of a community, a commonwealth, and this implies that we have ethical obligations as citizens. While the government often seems to be a faceless monolith, at best neutral and at worst hostile, we should recall that the best government is the embodiment of the aspirations of the entire community, and that even the worst government is preferable to anarchy. The Torah commands us not to belittle our leaders: "Do not do belittle the judge, and do not deride the prince among your people" [this verse]. Sefer ha-Hinnukh, an important commentary on the Torah, explains: "It is impossible for any settlement of people to exist without one person designated as their head, to perform his commands and carry out his decrees. For the views of people are varied, and they will never be able to completely agree on any issue; as a result, they will end up in inaction and nullity in their actions." The Hinnukh goes on to explain that even though leaders are fallible and will occasionally be wrong, action that is sometimes mistaken is far preferable to interaction. This principle applies to any society we find ourselves in. Through the prophet Jeremiah, God admonishes the Jews who are on their way to exile in Babylon, "Seek the peace of the city whither I have banished you, and pray on its behalf to the Lord; for in its welfare will be your welfare" [Jeremiah 29:7]. This mandate is the basis for the custom of saying a prayer in synagogue each Shabbat on behalf of the monarch, affirming that it is God "Who grants salvation to Kings." The ethical principle of good citizenship found in the Torah and in the prophets is also echoed in the Talmud, which summarizes: "The law of the land is the law." [Gittin 10b]. As long as a law is legitimate, equitable, and consistent with Torah values, we have a religious obligation to uphold it.

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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.

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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.

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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.

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