Kavod Habriyot: Human Dignity
Human dignity, known as "Kavod Habriyot" in halachic literature, is taken quite seriously and occupies a prominent place in the halachic decision-making process.[1] In fact, there are many situations where certain halachot, especially rabbinical ones, are waived to ensure kavod habriyot.[2] For example, although a Kohen is forbidden to defile himself by being in the presence of the dead,[3] he is permitted (required!) to bury a met mitzva, a dead body that is found abandoned, due to the dignity owed to the deceased. In fact, even a Kohen Gadol is permitted to bury a met mitzva.[4] A Kohen is also permitted to defile himself in certain circumstances in order to greet a king due to kavod habriyot.[5]
In biblical times, a person of questionable character and piety was essentially exempt from military service. This is because such people did not benefit from the same level of Divine protection and assistance that the more righteous soldiers enjoyed. In order to preserve the dignity of such soldiers, they were able to exempt themselves from army service by submitting a more honorable “explanation” for not serving. For example, they could claim that they recently built a house or planted a vineyard which were grounds for exemption from army service.[6]
Contemporary authorities permit one who is hard of hearing to wear a hearing aid on Shabbat due in no small part to kavod habriyot considerations.[7] So too, it is often permitted to carry on Shabbat where it is ordinarily forbidden if doing so is needed to preserve kavod habriyot.[8] Furthermore, although it is forbidden to scrape mud off of one’s shoes or clothes on Shabbat, a gentile may be asked to do so if kavod habriyot is at stake.[9] Indeed, kavod habriyot is often invoked in matters of personal hygiene on both Shabbat and weekdays.[10]
Kavod habriyot also refers to the manner in which we relate to and interact with others. We are taught that it was due to a lack of kavod habriyot -- a disregard for the feelings of others -- that the Beit Hamikdash was destroyed.[11] So too, the twenty four thousand students of Rabbi Akiva were killed by a Divine plague due to their lack of respect for one another.[12] Similarly, we are taught that it is preferable to allow oneself to be killed rather than to embarrass another person in public.[13] Not only is the honor of an individual important, but, when relevant, the honor of a community must be taken into account, as well.[14] One must treat Gentiles with honor just as one must treat Jews.[15]
According to many authorities, a ba’al koray should not be corrected if he makes a minor mistake in the Torah reading as doing so might embarrass him.[16] Similarly, although one is generally not permitted to recite any prayers when one has the urge to relieve oneself, if a ba’al koray, chazzan, or anyone else leading a service of any kind develops an urge to relieve himself, he is permitted to carry on with the service. This is because it would be embarrassing for him to force the congregation to wait for him while he relieves himself.[17]
Moshe Rabbeinu was very careful to preserve the kavod habriyot of the Jewish people when he rebuked them before his death. He did so in a gentle and indirect manner in order to ensure that their honor would not be tainted.[18] So too, God killed Bilaam's donkey after it chastised Bilaam, so that people would not taunt him by saying that even an animal was superior to him.[19] Indeed, it is taught that the reason animals can't speak is so they not be able to rebuke humans and thereby embarrass us.[20] Similarly, an animal that was used for an act of bestiality must be put to death lest people associate the animal with the death of the person who sinned with it.[21]
We are taught that one who does not show respect for those who are less learned will be punished with children who are uneducated.[22] One must be very careful not to embarrass those who are ignorant of routine halachot or those who have difficulty reciting the prayers and following the service in the synagogue.[23] There are situations when an abortion may be permissible in order to save a woman from embarrassment.[24] There are also situations where permanent cosmetic treatments, normally forbidden under the prohibition against tattooing or needlessly inflicting injury upon oneself, are permissible due to kavod habriyot.[25]
Even a thief is entitled to the benefits of kavod habriyot. For example, a thief who was caught stealing while in an embarrassing or compromising position may be eligible to receive a lighter sentence in consideration of the embarrassment he suffered while transgressing.[26] One must make heroic efforts in order to distance oneself from possibly embarrassing the poor.[27] It is interesting to note that there are two opinions as to when one should toast “l’chaim” before taking a drink. According to one opinion one should recite the blessing over the drink, drink a bit, and then say “l’chaim.” According to others one should say “l’chaim” even before reciting the blessing because giving honor to one’s fellow man –kavod habriyot— is to take priority.[28] Our sages teach that kavod habriyot is one of the greatest attributes that a person can have.[29]
The Midrash tells the story of a Roman who was shipwrecked and left naked and helpless. The Roman individual pleaded with Rav Elazar Ben Shamua to help him, and Rav Elazar did so in the name of kavod habriyot. He provided the Roman with clothing, food, and money. He also helped him get back home. Sometime later, this Roman became the emperor and issued a decree of annihilation against the Jews. The decree was later rescinded in the merit of Rav Elazar ben Shamua who had helped him in his time of need. It can be suggested, therefore, that it was in the merit of the mitzva of kavod habriyot that the Jewish people were saved from destruction.[30]
[1] Berachot 19b; Shabbat 81b, 94b; Eruvin 41b; Megilla 3b; Menachot 37b. See for example: Rambam, Hilchot Sanhedrin 24:10; Teshuvot Harashba 5:238.
[2] Rambam, Hilchot Shabbat 26:23. See Berachot 19b for numerous examples. See also Yerushalmi, Berachot 3:1.
[3] Vayikra 21:1.
[4] See Kovetz Shiurim, Bava Batra, 49.
[5] Berachot 19b.
[6] Sota 44a.
[7] Tzitz Eliezer 6:6:3.
[8] Shabbat 81b, 94b.
[9] Mishna Berura 302:36; Sha’ar Hatziyun 302:44.
[10] Shabbat 81b; YD 390:2; Shemirat Shabbat K'hilchata 23:16; Lev Avraham 1:46, 52.
[11] Gittin 57a.
[12] Yevamot 62b.
[13] Bava Metzia 58b; Ketubot 67b. Of course, this teaching should not be taken literally.
[14] Yerushalmi Berachot 6a.
[15] Sefer Chassidim 358.
[16] Tur, OC 142.
[17] Mishna Berura 92:7; Biur Halacha 92:1.
[18] Rashi, Devarim 1:1.
[19] Rashi, Bamidbar 22:33.
[20] Bamidbar Rabba 20:14.
[21] Sanhedrin 54a.
[22] Nedarim 81a.
[23] Bikkurim 3:7; Chagiga 26a.
[24] Tzitz Eliezer 9:51:3.
[25] Shraga Hameir 8:44.
[26] Bava Kamma 79b.
[27] Sanhedrin 11a; Taanit 21b, 26b; Rambam, Hilchot Matnat Aniyim 10:7-14.
[28] Pri Megadim, MZ OC 174:11.
[29] Meiri, Berachot 19b.
[30] Kohelet Rabba 11:12.
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