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Kavod Habriyot, Respect for Human Dignity | Rabbi Anthony Manning | May 27 2026
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Thank you all for coming.
It's lovely to see people here this
morning. I'd like to uh
read off a couple of uh dedications if
you don't mind if I read them from my
phone. Uh that the Wednesday morning
been midrash here in Rechavia is
dedicated through the academic year
leilui nishmas Daniel ben David and
Limor bat Avraham Strauss and Mordechai
ben Moshe and Rachel bat Yosef Meir
Marcus zichrono livracha who are the
parents of Judy and Menachem Marcus.
Um this year, my specific shiur is
sponsored for this academic year
uh leilui nishmas Bracha bat Branded and
Zelig ben Kalman aleiha hashalom. And we
have a very specific um
dedication for this morning that this
shiur is dedicated in lov- loving memory
of uh Cookie's brother uh Alan Baer uh
Hashem yinkom damo who is Avraham Chaim
ben Yaakov Shmuel Zanvil Hashem yinkom
damo. Yeah.
And uh that dedication is by Cookie and
and uh Howie Meisel.
Um and we're going to learn some Torah,
have a very exciting shiur be'il Bezeh
Hashem leilui nishmatam.
And uh I think we're going to have a
little bit of a roller coaster today.
It's a fascinating topic.
It's one that we have not looked at for
at least eight years. And uh there's
more in today than we've done in the
past.
If you remember last week, we talked
about um a topic I like the topics which
are on the line between halacha and
hashkafa. That's the line that we're
treading throughout the shiur and that's
what we've been doing really for the
last 10 years. Sometimes more halacha,
sometimes more hashkafa. Last week we
looked at uh the issue of va'asita
hayashar vehatov. What is the right
thing to do? How do we know what is the
right thing to do even when we can't
look it up? That's not just a detailed
halacha, that is a general sort of
meta-halachic principle. Today we're
going to look at another one which we
could really do in two shiurim, but I
decided to do it in one so that we'll do
something else next week, which is the
issue of kavod habriyot.
Of giving honor, dignity to other
people. And maybe just start with that
word, briyot.
What does that word sort of signify to
us? It's an unusual word. It doesn't say
kavod bnei Adam or kavod ha'inosh. It
says kavod habriyot. So, I think it does
two things. There's a very interesting
lecture by Professor Gerald Blidstein.
Um, and he talks about this maybe 20
years ago. That kavod in the ancient
world was limited to the king,
to the nobles, to the aristocracy. Even
today, there's a hierarchy hierarchy in
many societies.
In America, it's not by how you were
born, but it's how much money you earn
and and how famous you are, etc. And the
Torah is trying to tell us, no. All
people are created with tzelem Elokim,
and therefore all people have kavod.
It's it's by virtue of them just being
briyot. It doesn't matter how high in
the pecking order they are, which is a
radical concept in the ancient world and
even radical today.
And it also implies, as I've just
mentioned, that the thing that gives
them that special kavod is the tzelem
Elokim. Because briyot might sound like
it includes cats and dogs. They're also
briyot. Everything's created. So, you
know, trees. Give kavod to the trees.
There's no halakha of giving kavod to
the trees. It's only people because
people are made with tzelem Elokim. And
therefore, it implies both of these
aspects, both the created in the image
of God element and also the equality
element. I think that's a very important
point that we maybe just have to start
with. Let's have a look at source number
one. The Gemara launches into this in a
very technical way. And I think this is
an important point as well. Kavod
habriyot, gadol kavod habriyot. How
important is the human dignity? It's a
general ethical principle in Judaism.
The question is, how does it how can it
be applied in a very specific way? As is
always the Talmud's approach, it doesn't
want to deal with general sort of
ephemeral and vague principles, ethical
ideas. It wants to pin it right down.
Says, how far does this go? So, it gives
a very radical case. Number one, Hamotzi
Kilayim B'Vigdo. Somebody is walking
down the street and they and they
realize that they're wearing wearing
shatnez.
How would they realize that? Not not
every case in the Gemara is as likely to
happen as every other case, but let's
say the person walks down the street
wearing a certain coat and someone comes
up to them and says, "Oh, that's a
beautiful coat. I bought that coat, you
know, a few weeks ago in America, had it
tested, and it was completely full of
shatnez. I was told never to wear it."
And you realize suddenly that you're
wearing this piece of clothing full of
shatnez. Poof, then
you have to take it off straight away. A
field of a shook, even if you're in a
public environment. Now, okay, my my
case with the coat, okay, it's not the
end of the world. You'll get a bit cold
and you might get wet. But here we're
dealing with a situation where maybe
that's all they're wearing. They just
used to wear very simple clothes,
something with you know, Arba Kanfot,
like a poncho or whatever, tied up with
a belt, and somebody says, "You're
wearing shatnez." SO, RIP IT OFF.
In the street, even if they're wearing
nothing underneath. May timer, what is
the reason for that extreme halakha? And
he brings a pasuk in Mishlei, which is a
very important pasuk for our shiur, Ein
Chochma, V'Ein Tvuna, V'Ein Eitzah
L'Neged Hashem.
There is no wisdom or rationalizing or
trying to work out what God would want.
Oh, God will understand if I wear
shatnez cuz he wouldn't want me to be
embarrassed. There's no rationalizing.
Kol Makom She'Yeish Chillul Hashem,
whenever there's a Chillul Hashem,
Chillul Hashem here in a broad sense
being a breach of a Torah Mitzvah, Ein
Cholkain Koved L'Rav. You don't give
koved to anybody. There is no even a
rav, even a great person. There is no
greater koved, the Torah the Gemara
seems to be saying, then keeping the
mitzvahs of Hashem. And that defines
what is mechubad and what isn't
mechubad, and you can't start
generalizing or rationalizing in other
areas. The Gamara now challenges that.
And says, yes, but that's not so
straightforward. There are situations in
which we do override mitzvahs, we'll see
what that means, mitzvahs, because kavod
habriyot, and by the way, do you
remember the the the other phrase in
Pirkei Avot, eizo eizehu mechubad,
hamchabed etz habriyot, again that
phrase comes up, that kavod habriyot
actually is is a trump card. I don't
know if I can say that word anymore, it
used to be very neutral.
A trump card that overrides halacha,
that you don't say, well, the halacha is
clearly the most objectively respectable
way to behave. No, there are situations
where it is not. So, let's have a look
at this.
Second paragraph, Tashma. So, the Gamara
challenges this principle, which by the
way is also upheld by the story of David
and Michal.
Remember the story of David David and
Michal at the end of in in Shmuel Aleph
there at the end, and where Shmuel Bet
Shmuel Aleph I think, where he says that
they were he's dancing up with the Aron
Kodesh, and she says to him, how is that
the way that the king behaves? And he
just says, lifnei Hashem, I only behave
the way that I'm meant to behave, lifnei
Hashem. I don't care about what the
people think, I don't care what the
maidservants think. I'm doing the right
thing, and that's the right thing to do.
Okay, fine, that seems to support that.
But, the Gamara challenges. Tashma.
Gadol kavod habriyot, how important is
respect, dignity of human beings, she
docha es lo sa'aseh batorah, because it
pushes aside a Torah prohibition. Wow,
that sounds very broad.
Lama, why does it do that? Lema, why
don't we say, ein chachma v'ein tevuna
v'ein leged l'negid Hashem, you can't
rationalize away mitzvot, even if you're
embarrassed. No, the Gamara explains.
Two Gamara Rav bar Shva kamei d'Rav
Kahana, he said so Rav bar Shva says,
"No, no, no. It's not any mitzvah in the
Torah. It's a very specific mitzvah that
is overridden, beloved the lo tasur. It
is the negative prohibition not to
deviate
from the laws of the Rabbis. Kol milay
d'Rabbanan, all rabbinic law, says
asmachin who al lav d'lo tasur, is based
is founded on literally leaning against
the mitzvah of lo tasur. Umishum kavod
ha'briyot, because of the honor of the
person, sharu Rabbanan, the Rabbis said,
"It's okay. We won't impose that
rabbinic law." So, the first thing the
Gemara says is that it's not any old
Torah mitzvah that is overridden by
kavod ha'briyot. It's only one. We'll
see another view on this in a minute,
which is the mitzvah to follow the
rabbinic law. So, when there's a mitzvah
d'Rabbanan,
then you override the mitzvah and you
say, "No, I'm not going to take off my
clothing in the street if it's shatnez
d'Rabbanan." You have to know your stuff
here. We're going to see, you know, you
have to know what is shatnez d'Oraisa,
shatnez d'Rabbanan. We'll talk about
that in a few minutes. But that's a It
limits it, but there still is an
override function, but it's an override
function for mitzvahs d'Rabbanan. We'll
see later, if we have the time, Rashi
understands that built into the rabbinic
law is a mechilah, is a mechilah by the
Rabbis that we won't impose this. We
will let you do what you need to do if
the law is going to offend your or not
the law if the law is going to lead to a
situation where your dignity is
disturbed. You still warm? Still warm?
You can open the windows more if you
like. Comes a point where we turn the
air on, I suppose, but that's way beyond
my pay grade. Okay, fine.
Um next paragraph. So, that's one
exemption, rabbinic mitzvahs. Tashma, so
how we hear have another v'heitalamta
mehem, v'heitalamta mehem. There is a
mitzvah in
in hashavat aveida,
which says, of course, you can't ignore
the lost property and just walk on by,
but it sounds like the Hitalamta seems
seems to be saying you should ignore it.
How can you ignore it? You're the whole
point is not to ignore it. Says the
Gemara, Pa'amim Shata Mitzalemem,
sometimes you have to ignore the lost
property. U'pa'amim She'ein Atah
Mitzalmem,
sometimes [clears throat] you must
ignore it. Hakait said, "How does that
work?" Im Hayah Kohen V'hi B'veit
Hakvarot, let's say you're a Kohen and
somebody has lost animal, let's say, you
see a little shepsel there and it's in
the middle of a cemetery and you say,
"Oy vey, that's my neighbor's sheep.
He's been looking for it all day." You
don't go into the cemetery in order to
in order to get the sheep. You don't
have to do that.
O She'hayah Tzamud L'ma'akto U'merubah
Mishal Chaveiro, oh, sorry, I missed out
a line. O She'hayah Zakein V'ein Lifnei
Kvodo, or let's say you're an elderly
person and it's beneath your personal
dignity to go and crawl and you see
someone's wallet lying under a truck.
So, you're going to crawl on the road
under the truck with the oil dripping
down and you say, "You know, you're
you're a respected elderly person in the
community. You don't have to do that.
You can just walk on by." O She'hayah
Tzamud L'ma'akto U'merubah Mishal
Chaveiro, or it's going to actually cost
you more money to get the property back
to them than is the value of the
property itself. These are all
exemptions. L'kach Na'amar V'hitalamta,
and that's why it says you can ignore
it, says the Gemara. Why? Why? Leima Ein
Chochmah V'ein Tevunah V'ein Eitzah
L'neged Hashem, you can't rationalize
away, "Oh, you're elderly, you think
you're exempt from mitzvahs? You're a
big talmid chacham, you think you don't
have to do mitzvahs?" Why all of a
sudden you you don't have to do it?
Says the Gemara, Issuru Mimoino Lo Yafeh
No, no, no. This is Mamon. This is a
monetary law.
And we don't learn ritual laws from
monetary laws. It could be that in a
monetary law there are certain
situations where we say Hefker Beit Din
Hefker, that the Beit Din decides there
who has to give which money to whom. It
may be the people are moichel their
money in a case where they don't expect
a an elderly person to scramble
underneath the truck and get the
property. They don't expect a cohen to
go into a cemetery to get it. So, that's
also an exception. And the final
exception, which we're going to come
back to more, which is very interesting,
the last paragraph. Tashma, says the
gemara, here's another exception.
La'achoto, for his sister. What's for
his sister? This is last week's parsha,
a nazir.
A nazir is like a kohen gadol or a
nazirah. It's more of a woman says, "How
am I going to be like the kohen gadol?"
The answer is become a nazirah. I don't
suggest it because it's easy to get in
and it's very difficult to get out
because the only way you can get out of
nezirut is by bringing all your korbanos
and and today you might have a bit of a
wait to do that. You could go to a
talmid chacham and ask for a hataras
nedarim and say, "I made a terrible
error." But, the nazir or the nazirah is
not allowed to become tamei l'meit even
for their own family. A regular kohen is
is obligated for his mother, father,
brother, da da da, but a nazir, like a
kohen gadol, is not allowed. Even for
his sister. Ma ta'ama d'lo leima? What's
the Torah? See, he keeps adding on these
other things that you don't become tamei
for. Harei, and he gives an example.
Here's an example, extreme. Shehaya
holeich lishchot Pesach. This man, this
nazir, is going along the road to shecht
his korban Pesach.
U'lamoleh beno, and to do bris milah.
He's got two of the most major positive
mitzvahs in the Torah that are incumbent
upon him. He has to bring korban Pesach,
it's 14th of Nissan, and he has to
perform bris milah on his son. The two
positive commands for which a person is
chayav kareis
if they don't do them. They're unique.
U'shama shemeis l'meis, and he hears
that there is someone's died that they
have to that they have to bury. Yachol,
you might have thought, "K'sheim
she'einam metamei lahem, of course this
nazir doesn't have to deal with that
meis." Kach einam metamei l'meis
mitzvah.
Maybe even a meis mitzvah, for with
nobody left to bury them to be at the
Lavoy
Tom and Larry says no
it's only
it's only his sister last who they ain't
no matter for his sister he doesn't
become Tommy about my Tommy who the mate
smith's
but even a Nazir even on the way chef
Gordon
and on the way to do Mila he has to stop
all of those and he has to go and bury
this dead body because they override
this his his other mix bar. Am I right
lay my ain't with ain't
ain't
why can he rationalize that away he's
he's about to do two critical mix bars
and he says no no I have to bury this
body chef the Alta Shani and the Torah
gives the Gamora gives an interesting
answer he says this is just a passive
breach chef the Alta
we're not actually asking you to
actively breach a Torah prohibition just
don't do the prism Mila don't do the
Corbin
and that we will allow because of
covered debris we see this in other
areas where the rabbis override certain
passive non
non
passive breaches of positive mix bar
don't blow a chauffeur on Shabbat even
though the Torah says blow a chauffeur
on Rosh Hashanah no if it's Shabbat
we're going to tell you not to and how
can you override a Torah law chef the
Alta
don't shake a lulav on Shabbat we see
that now what you're probably about to
ask me
aren't you maybe is that the Nazir is
not just breaking a positive mix bar
he's also breaking a negative mix bar
were you going to ask that no okay fine
>> [laughter]
>> okay fine what were you going to ask
yes yes yes that's a perfect example
covered a maze is covered a breeze and
by the way here you see that it's not
about the person who will be offended
the maze is not going to be offended at
all it's an objective thing this person
was made but selling a little Kim it is
an objective
prohibition of covered a breeze to leave
this body on Barry that's actually a
very important point. So, we know that
it's not just about how you feel that
there's a more objective criteria, which
we'll see soon. I thought you were going
to ask, "Well, one second. It's all very
well with the positive mitzvah, but
you're also telling this Nazir to become
tamei."
That's a breach, an active breach of a
negative Torah mitzvah.
How can you justify that? That's not
something So, Tosafos in number two deal
with that. I'm not going to spend too
much time on it. He says, "Ah, well,
Nazir is not exactly the same as every
other Torah mitzvah, Torah prohibition,
cuz you could always get out of it by
doing hataras nedarim, like I said. You
can't get out of eating treif by hataras
nedarim. But, Nazir is like a weaker
mitzvah. Similarly, kehuna, even if
you're a kohen, kohen gadol, it's a
mitzvah that applies to a certain group,
but not to all people. And therefore,
these are maybe exceptions to that rule.
Although, it's a good question. The
question in some ways is better than the
answer. Yes.
>> What if there's no one else to do the
burial mitzvah?
>> Okay, so do the burial mitzvah tomorrow.
But, you can't bury the meis tomorrow.
The meis has to be buried right now.
Okay, so you miss you miss the you know,
beshaso, you miss your mishlini. So, the
end sometimes you miss. If the baby's
yellow, you also miss.
Well, they they you That's a problem,
cuz there's a Torah prohibition to leave
a dead body overnight. I can't resist
telling you a story, um even though I
don't have time for the story, um that I
once went I was once uh called by a
friend of mine to say that her
grandmother sadly passed away, and she
was worried there weren't going to be 10
people at the levaya. Uh this is a long,
long time ago. It was inconvenient. It
was Sunday afternoon. I was with other
people. I don't know what it was. She
said, "Please, could you take get a few
people and come to my grandmother's
levaya." So, anyway, I called a few
people. We went We went to the levaya.
Thought, "Well, do a mitzvah, you know,
it's whatever. It's a mitzvah." We got
there, there were like a hundred people
there. It was
And we thought I said to my friend, I
said, you know, "Okay, it's lovely that
we're here. We drove like an hour, and
there's like they didn't need us by a by
a mile."
So, anyway, we thought, "Okay, you know,
whatever." As walking back to the car,
this guy came running towards us shaking
you know with his hands in the air. "Can
we have you, please? Can we have Can we
have you over here?" So, I said, "What's
going on?" He goes, "This person has
died and he has nobody to bury him, no
one at all. He has no family. He has no
friends."
And he said And he And I said, "Who are
you?" He goes, "I'm his lawyer.
Definitely not your friend."
So, he said I said, "Okay, you know
something? This is almost like a
mitzvah. Like there's no one to be at
this man's levaya, no one in his whole
life." And we went to the levaya and we
stood there. We thought we did a
mitzvah. Then the lawyer said, "I'd like
to read you a letter from my deceased
client." And I turned around to my
friend and said, "This is the moment.
He's a billionaire. He's left
>> [laughter]
>> He's left all his money to the 10 men
that came to his levaya."
>> [laughter]
>> I said, "This must be the moment."
Anyway, it wasn't that. Didn't happen.
He said, "I I appreciate it. Thank you
for coming." It was a It was a very sad
occasion in many ways, but you know, we
got we got a a mitzvah certainly out of
it like a mitzvah situation. The Talmud
Yerushalmi, number three, goes further.
Goes further. And he says, "No, I'll
tell you why you can break a negative
mitzvah because every now and then" and
the Bavli doesn't rule this way and the
later halakha doesn't rule this way,
"there's an exceptional situation where
you can even override a regular Torah
mitzvah." Number three, "afilu betuma"
even the prohibition of tuma like the
nazir or the kohen gadol "shehu uh
midvar Torah"
you could which is a d'var Torah, this
is not d'rabbonan "min mad'a amar Rebbi
Zeira because there's a statement of
Rebbi Zeira says the Yerushalmi God will
cover up b'reishit d'or a mitzvah b'lo
ta'aseh sh'a'ah [snorts] ahas." You can
even override a negative full-blown
negative Torah mitzvah, not the
d'rabbonan mitzvahs, but just on a very
temporary basis, not on a permanent
basis. Now, as I said, we don't really
pasken like that, although some of the
later poskim tried to find maybe this is
a justification of an interesting
halacha in the Rambam,
that if a person is
having a shave, having their beard
shaved off, let's say, and they hear
someone runs in, God forbid, and says
that you've just lost a a relative and
you're not allowed to shave,
if he's already got half his beard
shaved off, he can have the other half
of the beard shaved off. Even though
that might be a problem, you know,
you're not allowed you're not you're not
you're not you're not allowed to do this
that and the other, a covered covered up
brius. You can't have a guy walking
around with half a beard. We see front
and back. That is objectively an
extremely
embarrassing situation to be in. So,
maybe that justifies that. But generally
speaking, we we do not pasken like that.
You will show me looking at Shulchan
Aruch number four. Haroeh chilayon shel
If you see shatnez d'oraita on your
friend, a feel like a marach b'shuk,
even if they're walking in the street,
in the public,
a haya koifetz lo, you jump on them.
V'chiram alav, and you pull it off them.
Miyad, immediately. A feel like a higher
rabba, even if it's your rav. Now, this,
of course, is a little different to what
we saw in the Gemara. In the Gemara, we
said you have to take your own clothes
off.
Here, you have to jump on the guy, or
the lady, for that matter, and shlep
clothes off.
So,
um first of all, you have to know what
shatnez d'oraita I'm not giving a shiur
on shatnez, but when things are all
woven together, there's more chance of
the d'oraita. When there's separate
layers which are maybe kind of connected
less permanently or clipped together or
or just laying on top of each other,
there may be situations where it's
d'rabbanan. Again, this is not a shiur
on shatnez, d'oraita and d'rabbanan, but
you see a very
very extreme law. V'im haya shel
divreihem, but if it's shatnez
d'rabbanan, ein a koiram alav, then you
do not do anything. V'ein a poishit
b'shuk, they do not take it off in
public. Achshav megaleh b'eiso, they can
wear it even though they're doing an
issur d'rabbanan, they can wear it all
the way home. Why? Cuz Godly covered up
brius. Covered up brius overrides a
d'rabbanan. V'im haya shel Torah, but if
it's a Torah shanas push to me out they
have to take it off. I think they just
turned the air on but okay we'll see.
Okay fine. So you can't you can't do a
deraisa but you can do a derabonon and
we'll have to see how how that works
where that applies. The Shulchan Aruch
gives another application of this in
number five. The in neither shabbos.
This is tzitzis. If you find out on
shabbat
and
you're in an area where there's a
rabbinic prohibition to carry. What do
you find out? Shahatalit shall I love
passul.
You look down at your tzitzis or your
tallis gadol whatever a man tzitzis and
he and he says oh that it's ripped off.
One of my tzitzis is ripped off.
Now at that point what's going on? Not
only are they not keeping the mitzvah of
wearing four tzitzis on the beged but
they're carrying on shabbos because the
only heter for having your tzitzis
hanging on you can't tie other things to
you if there's no way of obviously. You
can't tie bits and pieces to your coat
and have them hanging on strings and
walking around the streets that's called
carrying. So how can you carry tzitzis?
The answer is you're not carrying them
they're an intrinsic part of the beged
and the mitzvah but once one of them is
gone or it's become invalid the other
three are doing nothing.
The other three are just you know spare
tzitzis that you're carrying around in
case you ever need them.
So it's carrying but it's carrying
derabonon. If it's derabonon lo yosirenu
you don't take your tallis off malav
achi gila beson until you get to your
home the godol covered habrius. Okay
beautiful
covered habrius
that's that allows you to do the issur
derabonon of carrying in a rabbinically
prohibited area. And then the Remoc
comes in and says well why is this on
shabbos?
What's the difference on shabbos? Well
because people wear their tallis home on
shabbos. Some people might wear it on
Wednesday. So it says the Remoc dafka
beshabbos de ossur asos tzitzios because
you're not allowed to make tzitzit on
Shabbat.
And therefore what? I will be whole I
got my ass on.
This is very interesting, because on a
weekday you could remake your tzitzit
if you know what you're doing. On a
Shabbat, you can't make tzitzit. It's
prohibited on Shabbat. And therefore
what? Therefore, when you're wearing a
four-cornered garment on Shabbat without
tzitzit, it's a lower level. It's a
rabbinic prohibition. Because what are
you meant to do? You You can't tie the
tzitzit. You can't do the mitzvah on
Shabbat. The rabbi said, "Okay, you know
something? It's still not right to wear
something a four-cornered garment
without tzitzit on it, even if it's
Shabbat, even if you can't do the
mitzvah, but it's downgraded to a
d'rabbonan." And the much I'm sitting in
the seat, that's when you're allowed to
do this. Now, this is a question,
because we just learned at the beginning
of the shear that not only rabbinic
laws, but passive breach of
positive mitzvot, you're also allowed to
break for kavod habriyot.
So, why can't you tuck a on a weekday
walk around with a four a four-cornered
garment without proper tzitzit on it and
say, "Well, you know, kavod habriyot,
this overrides the passive breach even
of the Torah mitzvah." And this is where
the the Mishna Berurah jumps in and and
gives us some information, which I think
is going to be very very important.
Says the Mishna Berurah, "Dafka
b'Shabbat, this is only on Shabbat."
Number six. "P'rishut nifsha b'Shabbat
l'eiser issur d'rabbonan." Because on
Shabbat there's only an issur d'rabbonan
to wear four-cornered garment without
tzitzit, because what can you do? Avail
b'chol shehu oyda issur d'Oraisa b'chol
sha'ah, when you're walking around on a
weekday, there's a mitzvah d'kum v'aseh
b'tzitzit that go put tzitzit on it.
V'issur d'Oraisa
issur d'Shabbat k'zeh shehu mona etzmo
mitzvah, ein nidcheh mipnei kavod
habriyot. And he turns around and says,
"You can't set aside a positive Torah
mitzvah even for kavod habriyot." Well,
the Torah The Gemara said I could, so
why can't I?" And here's the answer.
Imloi big nai gadol.
Uh now we seem to be in a new world of
well, how embarrassing is it really?
Is it a big embarrassment? Like somebody
walking around in public with no clothes
on like the sketch artist. That's a big
embarrassment. But somebody walking So
you pull your tallis off. You pull your
tzitzis
That's not such a big deal. For
something which is not such a big deal,
that's a little embarrassing, we're not
going to allow you all the heterim,
we're only going to allow you to uh to
to
transgress a rabbinic prohibition, not a
Torah prohibition even um on a uh on a
passive basis. Ulechain asur leil boshes
tallis gadol kshe rosho ein bo tzitzis.
And therefore, if you get to shul on
Shabbos or any day for that matter, and
you pull out your tallis gadol, and you
realize that your tzitzis have all, you
know, uh uh broken, then that's then you
don't you don't wear it. You're not
allowed to wear it. Leishev blee tallis
because to live to sit without a tallis
is very a remada who raglaim cholei
ginai cotton. That's not such a big
deal. To a guy, a married man, for one
Shabbos morning, he's going to sit there
in shul without a tallis on or one
weekday, and they're going to say, "What
happened to your tallis?" "The tzitzis
The tzitzis have come off." Like, how
embarrassing is that really? Just one
second.
Imnan in beis haknesses neider loy, but
if in the shul when he's wearing his
tallis, acher shehu kvar lavush
b'tallis, he's already wearing the
tallis, she'acha mitzitzis psulim, and
then he suddenly he sees one of his
tzitzis has come off.
Okay? Charbeim min achronim makilim,
many of the achronim are molinian.
De'ein tzorech l'hafshatah, there you
don't have to take it off take because
it's it's more embarrassing. D'sfira
l'hu d'keivanshehu b'rabin, you're in
public in the shul, hapshita hu ginai
b'yosa. And and here we're playing
almost in psychology, you know, what's
more embarrassing? So he says, the
poskim think that to walk into shul with
no tallis on is less embarrassing than
to be sitting there in the middle of the
shul and
suddenly take your tallis off.
Everyone's going to turn around, what's
going on? Why did you take your tallis
off?
And then he says, but other achronim
say, "No, that's not more embarrassing.
It's the same. You still can't do that.
Or you have to take it off rather." So,
how much is this an objective or a
subjective issue? We're going to see
this is very important. Do the chazal
give us very specific cases? This is
embarrassing, this is not embarrassing.
What if you happen to be very sensitive
and you're highly strung or whatever,
and you're going to find it very
embarrassing? Is that relevant or not?
So, we're going to be balancing this. On
some things have to fit into boxes, but
other things is going to depend very
much on how embarrassed you are. I'm
going to have to just go on a little bit
cuz as you can see already, I'm I'm
going to run out of time and I don't
want to
go over to next week unless I have to.
So, we'll see we'll see soon where those
limits of objective and subjective
embarrassment are. Does this apply to
Jews and non-Jews?
Non-Jews are also briyot. Also made
b'tzelem Elokim. But very often our
mitzvahs are not the same klappei Jews
and non-Jews. Look at the Rambam. Talks
about a judge. Kol el hadvarim, how
important it is for a judge to be
focused on the dignity of the of the
criminal or the potential criminal, the
person on trial. Lifnei mashiah adayin.
He he could only go with what they can
see.
Whatever the times require, whatever he
needs, you have to use your
your judgement, literally. Uv'chol yom
asah l'shem shamayim, the dayan has to
always be very l'shem shamayim. D'aliyah
koved habriyos kal ba'einav. Don't let
the the judge be be too quick to
override people's personal dignity.
Sheharu doichei ad lo tasah shel
divreihem, because it overrides even a
rabbinic mitzvah, says the Rambam.
V'chol sh'kein, even more so k'vod b'nei
Avraham, Yitzchak, v'Yaakov. Hamachzikim
b'Toras ha'emes. Even more so if they're
Jewish and they're part of the same
Torah as the dayan. But clearly the
Rambam is saying if they're not Jewish,
the mitzvah still applies. Why?
Pretty obvious in number eight. Rabbi
Akiva would say, "Kavod Adam she nivra
b'tselem."
Mankind is made b'tselem Elohim and this
applies to Bnei Noah, not just Bnei
Avraham, Yitzchak, and Yaakov. And this
is somewhat of a of a a debate as to
whether this does apply in the same way
or not the same way. There's an
interesting application in the Israeli
court system. Menachem Elon, the judge,
applied this idea that the dayan has to
be very careful when when working out
how how much how how many rights does
the criminal or the the prisoner, let's
say, have? Let's say they think the
prisoner is smuggling drugs into the
prison. Are they allowed to force him to
have an intimate body search to see
where the where the whether there are
drugs there? Or is this balanced on
kavod habriyot, you know, we only
suspect that there might be drugs and we
don't know. Do we subject this person to
a such a degrading procedure or not? And
again, we're not talking there about the
terrorist, we're talking about a regular
criminal. How that works is uh is a good
question and he weighs that all up.
Okay, now they have scanners. Baruch
Hashem. Okay, fine. What is What is
included in kavod habriyot? What kind of
issues come up? So, we've seen clothing,
people being unclothed, being naked,
bushah, which is a a real objective
embarrassment. Think of Adam and Hava
in Gan Eden. At the beginning of lo
yitboshashu, they were oblivious to
that, but suddenly when they became
aware, they became embarrassed because
they had no clothes. Um the the clothes
of the often clothing related. The
clothes of the Kohen Gadol are called
l'chavod u'ltifaret.
Kavod is the clothing. The din of kavod
Shabbat
is one of the applications of kavod
Shabbat is the kind of clothing that a
person wears. Um it's also been uh
applied in the Gemara to people who are
in very
um
sensitive situations because they're
mourning others. For example, uh the
halacha is brought that if there if
there are people accompanying a mourner
um and and the people are all Kohanim,
let's say,
and the mourner goes through a place
with where there's a tumah,
then if it's only tumah d'Rabbanan, then
the people, the Kohanim who are walking
with him shouldn't run away because it's
just embarrassing. The poor guy is
walking, he's just buried a relative,
he's walking home, and they run away
from him. Rather, they should break the
mitzvah of tumah d'Rabbanan, and we'll
see another case of that, rather than do
this. Um burial we've seen uh situations
of
uh of the meis mitzvah. And personal
hygiene, we'll see some interesting
practical cases where people are left
without the ability to be clean. If they
smell bad, if they're self-conscious
about that, these are objective cases of
kavod habriyos. But can we go beyond
this? And we'll see in a minute some
very controversial attempts to apply
this beyond this. Um usually in Halacha,
kavod habriyos is used as a as another
grounds to be lenient when there are
already
separate grounds to be lenient. It's
what's called a sniff lock. Hot sear. Uh
often it's used in situations where the
the prohibition is merely a chumra, but
not always. Um and often it's used it's
limited to cases where the person's not
responsible. If you caused your own
problem uh with knowledge, then we're
not going to necessarily bend the
Halacha in order to uh to deal with
that. Um but that's there's there's more
to be said on that. But the poskim are
restrictive in the way they apply this.
And there are different degrees of
ginai. Have a look here in number nine.
So, this is a case where a um a senior
dayan is called to give evidence in a
very small case which they think is like
beneath their dignity. Like, I'm the the
head of the beis din, and they've called
me to come and schlepp to give evidence
in this minor matter. It's beneath my
dignity. Tosafos brings that, "No, no,
that's not called a ginai gadol." The
Hasam Ginai Gadol who made mitzvah with
a meis mitzvah, that's a really
objective uh embarrassing situation. She
ain't not cover him. There's no No to
bury them. Lakasheva altasi shari.
Therefore, the a person can put aside
maybe even a Torah mitzvah on a on a
passive breach. The not kill I'm a shook
to pull off your clothes in the street.
Can I go to Kegan I may start Kegan I
may start really embarrassing. Well, I
can get enough.
I vow half a year in the case of the
dying giving testimony Gabby
they could get my cold cut. It's not so
embarrassing. Meaning you're you're
sensitive.
Okay, that's your problem.
This is not objectively so embarrassing.
The law they are feeling about it. We're
not going to let you override any
prohibitions. I give you an interesting
example which comes up. Let's say
there's a a couple and the the woman is
in Niddah and she's not allowed to hand
anything to her husband and he's not
allowed to hand anything to her. And she
turns around and says this is
embarrassing. You know, we're out in
public for a for a meal or Shabbat meal
or whatever and and every time my
husband gives me that he puts it on the
table. I pick it up and everyone is
looking at me. What's wrong with you
etc. So she says that I'm embarrassed. I
don't want people to know that I'm a
Niddah. It's not appropriate for them to
know that. And the Rabbi Moshe Feinstein
raises this shaila and he says I don't
understand like why is that
embarrassing? Everybody knows that
you're a healthy young woman and that's
like the way that you know, this is just
not just you. It's it's general that
everybody has this situation and if they
don't then that's a problem. So why are
you embarrassed?
That's a good question but they might
say she's embarrassed.
Does she have any heterim on the the
d'rabbanan of handing things to her
husband because she's especially
sensitive to this or do we tell her look
you know something this is the way that
life is and we all we're we're all in
the same boat and so I I heard Rabbi
Willig talking about this recently at a
conference and he said we're not so
quick to give heterim to to people to
just break halachas, things that are
important to keep between them because
they're specifically sensitive. He gives
one exception though. He says when he
sees people passing babies
on in in with a shinui of some kind and
they put the baby on the ground. I mean,
you see Mishigas people put the baby on
the ground and the husband picks it up.
He said he saw someone put the baby on
the bonnet of a car, you know, and put
He says there you absolutely can pass
the baby. Not because you're embarrassed
to pass things, but because the baby is
a khila. Every baby has a dinner of a
khila.
And you're going to put a baby on the
ground in the street and pick it up
again?
You got no don't no seichel. So, it's
not a it's not it's not a heter cuz
you're embarrassed, it's a heter cuz
this is way you would do with a khila. A
khila allows you to override certain
derabonons, okay? So, the baby he's
definitely makeel on, but this issue
with it you're particularly concerned,
that's maybe just you. Uh look in number
10 the the uh the
uh Mr. Brewer brings this up again in
the case of the tzitzis and what what's
called a
uh what's called a biggie and a major
kind of what's called a minor kind, and
then he says at the the end of the
second line the ein ba'al achronim
she'eish kimu deha kol halui baratzon
ha'ish haloveish.
It really does depend to some degree on
how embarrassing this poor fellow will
feel it to be if he sits in shul without
a tallis. So, he he then opens the door
to a more subjective approach. Some guys
might not care. For other people it
might be extremely difficult. There's a
case in the Rivash. The Rivash in the
14th century a couple asked him a
shaila. They had a newborn boy they were
making a bris mila
and chol hamoed and they wanted to sew
some beautiful new clothes for the
little baby because they all they had
was the hand-me-downs or whatever they
had from
older kids and they were all falling
apart. And they said it would be much
nicer to have some nice new clothes. And
he said, "No." Says there's no heter to
override. Even though it's a derabonon
on chol hamoed, you can't sew on chol
hamoed for that. He says, "It's fine.
The baby will be fine. No you know, it's
not No one's judging." You know, don't
be so sensitive. I didn't say don't be
so sensitive, but he says this is not an
objectively
permitted case." So, it's an interesting
question as to how we how we balance
that. Let's look at something else.
We saw with the case of the person
walking down the street, do I have to
jump on them and tear the clothing off
them?
So, look at this. Number 11.
We saw this before. You jump on them,
pull it off. Me out immediately. I feel
higher up. It says there remote. The
issue I'm reading
What if the person was completely
inadvertent? They never realized this
was shatnez. They're not just breaking
the halakha on purpose.
Okay? It's the shogeg. Eight circle over
the shook.
You don't have to you you don't have to
do it in the marketplace. The mission
cover the briefs you stuck because
what's the what's the issue? Who has the
shaila?
You have the shaila
of tokhakha.
Do you have to intervene? They're
oblivious. They're walking down. They're
completely unaware that it's shatnez.
They didn't do anything on purpose. And
you know, can you keep still?
When do you have to intervene? So, this
is you can keep quiet. The alley of the
shana mishogeg. Why? Because I don't
have an obligation to do tokhakha
when the person is doing it the shogeg
or even if I do have an obligation,
I can break that obligation in a passive
way. That's a good example of a shev
altasa. I don't actively breach the
Torah. I passively breach whatever
mitzvah of tokhakha I had. And
therefore, I'm allowed to let them walk
around in the street. That's actually
very interesting because then the focus
is on the person who wants to intervene,
not on the person who's wearing the
shatnez. It says that gives you a heter.
You can keep quiet. And a similar shaila
arises in number 12 in Hilkhot Aveilut,
where a kohen is asleep in a house
and the people who are awake realizes
that lo aleinu there's a the body in the
building, somebody died in the building.
And now the cohen has to get out of
that. By the way, every cohen has to
have an escape plan as to where they're
going to go. They have to When they move
into a house, they have to look how is
it configured. If something like this
happens, do I go on the balcony? Do I go
in the stairwell? Do I run to the roof?
Do I run downstairs? They should cuz the
laws of tumah are very complicated and
they have to work it all out. But now
he's asleep.
My shaila is, do I run into the bedroom
and say, "Get out of the house. You
know, there's tumah in the house." In
which case, let's say they sleep with no
pajamas on. They've got no clothes on.
Do they just rush out of the house with
no clothes on? Or can they stop and put
their pajamas on?
Or put something on. Throw something on.
That's an interesting shaila, very
practical shaila. Look at number 12.
Says the ramon, "Cohen should shoychech
a room." A cohen that sleeps with no
pajamas on. There's no halacha you have
to wear pajamas. He sleeps very tzanua
with a sheet on top of him. The hubba
oil in mace and he ends up under the
same roof as a dead body, the loyada,
and he never realized.
Eina hakhi d'loi, don't tell him.
Don't tell him.
Cuz again, your mitzvah is to give
tochacha. How can you be asleep in a
place with tumah and you're allowed to
breach that passively. Alei yi cross
stam, just just wake them up. Stam.
She yatza k'dei she yalbesh atzmo
t'chila. Just just just go in and say,
"You should get up and get dressed cuz
we've got something to talk about." And
and they they're clueless and they get
up and they get dressed and as soon as
they're dressed, you shout, "Get out of
here. There's a mace in the building."
Okay, fine.
Avar im k'var higidu loi, once you've
told the guy,
then it's too late. Asur l'hamtzin atzei
ya'abeshatzmo, he can't get dressed.
He's sitting in a house with tumah in
it. He's that's an issur d'oraita.
V'dafka im hubba oil hamayshu who tumah
d'oraita. But that's only if it's tumah
d'oraita. Avar im hubba bayis apras,
let's say they're in a tumah d'rabbanan.
He gives examples. A bayis apras is a
field that used to have a grave in it
and it's been all plowed over and then
and then maybe little remnants left of
the body, but they don't know. There's a
din derabanan that a cohen can't go
there. Okay, so if you're already doing
a derabanan, so then you don't have to
run out naked. I don't know why he's
sleeping in a bas apras, but he is. Or
eretz yisrael, or what about chutz
la'aretz?
How is it How is a cohen suddenly going
to wake up and find that he's in chutz
la'aretz? What's the deal with chutz
la'aretz? Chutz la'aretz has a din of
tumah derabanan.
Now, cohanim are not makpid on this
today because as you probably know,
there are cohanim living in chutz
la'aretz. But it's a shaila. It's a
shaila. There's a din derabanan of
tumah. So let's say this cohen is, I
don't know, asleep in a wagon. And uh
you know, going in there and all by
mistake they've gone into chutz la'aretz
or he didn't know. And do they have to
wake He says, "Okay, so then he can get
dressed first." Okay, tumah derabanan
yalbish atzmo
degadol kavod habriyot. And that's a
very interesting case, but again one
which is revolves around clothing. So I
brought you some some practical examples
down at the bottom here.
Some of them are
These are all practical questions that
come up. Uh tearing toilet paper on
shabbat. That's a very common one,
especially if a person that is like
younger people who are hosted with other
people. They get They go to the bathroom
on shabbat and they realize there's no
tissues. What are they going to do? They
have two choices. Either they basically
shout, "Help! Help! Help! I'm stuck!
Help!" Which is very embarrassing. Or
they tear the, you know, regular toilet
paper, but with a shinui, which is a
derabanan. So that would be allowed to
be done. The modern-day example, which
is more appropriate and and and
relevant, is the automatic toilets.
You're in a place, in a hotel, whatever,
and the only bathroom you you need the
bathroom, the only bathroom you can use
is one that with sensors and it flushes
and this and that and it's all can you
do? You could argue that you're not
really getting any benefit from that
anyway if it's just a regular public
toilet. So maybe it's a psiq reisha delo
Okay, you could use that as an argument.
But there again we say Kvod Habriyos,
you don't have to stand there saying
I've nowhere to go to the bathroom.
You can use the bathroom. Um making
Muktzeh stones on Shabbos, this is the
case that he gives in the Gemara that
even though stones, regular stones in
the street are Muktzeh,
in the field are Muktzeh, a person would
have back in those days they didn't have
tissues. They had little stones they had
prepared to clean themselves, a few a
few nice clean smooth stones. So someone
forgot to bring them with on Shabbos,
they're not Muktzeh because they're
they're designed and designated for use
which is a normal use. They forgot their
stones and now they're stuck. So they
can use a regular stone. It to us it
seems quite strange to be able to do
that, but the the Muktzeh prohibition is
overridden. We talked about electronic
hearing aids. And we said that this is
one of the heterim that the Chazon Ish
brings that a person who is unable to
hear on Shabbos,
they can you do things with their
hearing aids, move them, maybe even
charge them, they they different we
talked about that because of Kvod
Habriyos. That's very interesting
because Kvod Habriyos there is that's a
broader application. This is not someone
who's not dressed or who needs the
bathroom, this is someone who says it's
embarrassing for me to be not be able to
hear anything on Shabbos. Before we turn
over a few more of those. Um
there's a question of tattooing. Some
people who have reconstructive surgery
after cancer or or an accident or an
operation, sometimes what the hospital
wants to do is tattoo certain coloring
onto the body to make it look natural.
That's how they make it look natural.
And the question is, is this allowed?
Otherwise they're walking around with a
very scarred and again no one sees this.
That's them, maybe their family sees it.
So again one of the applications
potentially, I'm not paskening any
shailos, is where there's a where
there's tattooing derabonon,
not de'oraisa. And again you have to be
in every sugia, what's a tattoo
de'oraisa, what's a tattoo derabonon.
Maybe it will be allowed for the
purposes of that reconstructive surgery.
Rather, Vadi Yosef has a very
interesting case of a young woman who's
married to a fine young man, and they're
about to make a pin and bend. Uh she had
a baby, first little boy, everyone's
excited, the husband's over the moon,
but she never told him
that she'd had an abortion long before
they met because she had a history, and
that history never came up in the
shidduch inquiries. And this wasn't a
pin and bend.
Does he Does she have to tell him? He's
going to go ahead and make brochos and
do him this mitzvah and over them and
rather Vadi paskened that no, there were
many reasons why he said no, because of
the shalom bayis as well, but one of
them was that just the the sheer
embarrassment. This this woman didn't do
anything wrong, meaning she's a ba'alas
teshuvah, she made mistakes in the past.
Okay, we all do silly things when we're
young people, and she realized and now
she, you know, she she did she was a
ba'alas teshuvah. He said that she
doesn't have to tell him, which is very
very interesting. Um let me give you a
couple others. Refuah Taking medication
on Shabbos from Zalman Auerbach
says a person with very bad halitosis,
bad breath, and they're just without
taking popping their little pills,
they're just everybody runs away from
them everywhere they go. So, they can
take them on Shabbos? Uh you can't take
medication on Shabbos. It's not
something where you're not in pain. Is
it No, it's embarrassing, you've got
very bad breath, etc. Um and then one of
the most interesting cases is number 13.
Doing a wedding on Shabbos. So, this is
in the Shulchan Aruch, number 13. Ein
mekadesh, you're not allowed to do
kiddushin on Shabbos. The yesh matirin
lekadesh heicha deein lo isha banim,
maybe there are heterim if the man has
never done peru u'revu, you can maybe do
the kiddushin on Shabbos. Ve'ishah
she'hu aden haknisa lechuppah shari,
maybe you're allowed to do the chuppah,
but I forgot the like chaim lanachi. We
don't pasken like that. We don't do
weddings on Shabbos for men who have
never done the mitzvah of peru u'revu.
We don't do that. Mekol makom somechim
al zeh, but we can bring that into the
consideration besha'at chai ganki gadol
kol ha'briyos. If they a case of Koved
Habriyos.
B'yom vav, they always got married on a
Friday.
And let's say they got because it was
cheaper to make the suit on Friday
night. They had one cow in the village
and they were going to use it for
Shabbos and for the wedding. So, and
this was a case that happened to him.
There was a young woman, I think she was
an orphan on this case and she was
getting married. And as they were going
to the chuppah, everybody fell out with
each other over the money.
Oh, you promised this. No, we promised
that. And and and and everyone's
screaming and it's it's a very unhappy
situation. The Remah takes them to the
side, brings them into his office,
negotiates with them, gets everybody
back to shalom bayis, brings them out
and says, "Okay, we'll do the wedding."
And someone says, "Oh, there's three
stars, even Rabbeinu Tam, you know, it's
it's Shabbos. You can't do a wedding on
Shabbos." And he says, "That's an issur
d'Rabbanan. We're doing this wedding on
Shabbos because of the Koved Habriyos.
There's a young woman and a young man,
who knows whether they'll even be
talking to each other by Motzei Shabbos.
All the food is ready and prepared."
Says, "Well, it's Koved Habriyos. We're
overriding the d'Rabbanan." And he got
himself in hot water over this.
People were writing to him and saying,
"Are we hearing that you're doing
weddings on Shabbos? It's against the
Gemara. It's an issur d'Rabbanan." And
he had broad shoulders. And and let's
face it, he wrote the Shulchan Aruch, so
he wrote it in. So, he said
So, he could sit around and say, "Look,
it's in the Shulchan Aruch. It's
muttar." But uh
but uh
but he was he was uh he was very uh very
much uh
uh you know, very strong on that issue.
Um go over to page number four. Let's do
a few other things. You can look at some
of those other issues later. There's an
example of a young man who's gone
prematurely gray. Can he dye his hair
black? Um
there's an interesting shaila about a
woman after she's been divorced and
she's finding it extremely embarrassing
to cover her hair.
Covering hair for for divorced woman is
a is a requirement in Shulchan Aruch,
but it's derabbanan. And there are
situations, and again, I'm not giving
any general psak here at all, where
there are certain situations where the
woman is very traumatized, especially
where it's a divorce that happened very
very early after the marriage began, and
she's effectively a single girl. She's a
young girl in her early 20s who had a
very traumatic failed marriage, she's
not an older person. And and there
again, kavod habriyot could be a
relevant angle depending on the case.
People When people bring up the question
of women and men shaking hands,
can you can you just shake hands with
someone who goes, "Look, it's offensive
for people they put out their hand to
not to not give them a hand, etc." So,
this would work as a an argument if
shaking hands with a person was an issur
derabbanan, which most poskim say it's
not. Most poskim poskim say it's either
an issur de'oraita because there's some
kind of
sexual tension going on between the two
of them, or if there's no sexual
tension, it's completely permitted.
There's nothing to do with kavod
habriyot. There's no problem whatsoever
because it's just a handshake. And of
course, when is a handshake a handshake,
and when is a handshake more than a
handshake? Okay, then you have to work
out whether it's a Torah prohibition or
whether it's a completely permitted. But
if it's a Torah prohibition, then kavod
habriyot won't help you. And if it's
completely totally permitted, then you
don't need kavod habriyot. So, it's not
so straightforward that the handshake
really helps and
or that the kavod habriyot really helps
there. And then you've got the
interesting case brought by
Rabbi Professor Daniel Sperber that we
started to talk about in our
uh discussions about partnership
minyanim. And he wants to argue that
kavod habriyot, that it's embarrassing
for women as a general group, that
you're not giving them aliyot in shul,
they feel embarrassed by this, and
therefore the kavod habriyot, which is
offending the women, should override the
kavod hatzibbur where Chazal said that
you can't call women up because it's
kavod hatzibbur. And he has a a long
piece on this. Um needless to say this
was jumped on and rejected quite fast
and there were many reasons why this is
a problem. First of all, and perhaps
most fundamental, if you say that kavod
habriyot is that the rabbis built in a
mechila and said we don't mind if you do
this in this situation, then clearly
they didn't do that when they said that
a woman cannot be called up for a
mitzvah. Um, so it doesn't really work
in that. Also, you can't just say every
rabbinic mitzvah is embarrassing
uh and therefore I'm not going to do it.
What happens if I'm sitting with the
clients and uh they serve regular treif
wine and I'm embarrassed not to drink
the wine. Everyone's drinking the wine.
I I'm embarrassed. Well, I can suddenly
eat food which is treif. You can do
isurei d'rabbonan just because you feel
embarrassed. You can't just always
extend that to every single situation.
And there's also an interesting question
which is, is this a case of
embarrassment? Is it that they're
embarrassed or is it just that they're
annoyed?
I mean, maybe they're justifiably
annoyed. Maybe they're offended. But is
that the parameter for kavod habriyot
that someone is upset or annoyed or
offended? Maybe that's not. Maybe there
has to be something more um objective.
Someone who's got no clothes on
essentially like we saw before. That is
uh that is uh maybe more of what's going
on. So, Rabbi Sperber's arguments were
were largely rejected. Um, let's just
look at a couple of cases of um positive
Torah prohibitions overridden by kavod
habriyot. This is as we said in a very
serious very embarrassing situation. Um,
there was an interesting shaila of a man
uh who'd had a tattoo on his left arm on
his muscle, his bicep, of a naked woman.
And the Sitz Eliezer uh is not the Sitz
Eliezer, the the Minchas Yitzchak, he's
dealing with the shaila. Now, he's about
teshuvah. What does he do about his
tefillin?
He's going to roll up his sleeve and put
his tefillin on and as he rolls up his
sleeve, his youth comes to, you know,
hit him in the face and he goes through
the He doesn't actually talk about kavod
habriyot there. He he gives other eitzos
where he says that you know you can
cover it over, you can I don't know put
a little bit of leather there or you can
draw in some clothes or something like
that. You So he gives up but you get
these situations. Rav Moshe Sternbuch
has a very unusual case of a Cohen with
a partially detached finger.
Can't make this stuff up. And if he if
they take off the finger then he has a
shaila of eiver min hachai.
And is he allowed to be there with a
detached limb from a human body, his
finger, and he gives a heter there to
take it off in order to put it back.
They're going to sew it on again and and
he uses kavod habriyos as one of the
issues. Let's just finish with some
discussion of what are the origins and
we'll get this done actually in five or
six minutes. Maybe we'll be able to read
all the sources. Everybody agrees kavod
habriyos is a real thing. But where does
it come from? Where in the Torah
is the source for this rabbinic idea
that we've seen applied in in many
different ways? Where did they get it
from? So some understand that it's
implicit as I said in the in the tzelem
Elokim. As we saw before, looking at
number 16, we will read this. Ben Azzai
omer, "Zeh sefer toldos Adam, zeh klal
gadol baTorah." That the idea that this
is the generation of man, the the
creation of man is the fundamental in
the Torah. Rebbe Akiva says, "Ve'ahavta
lere'acha kamocha." "Zeh klal gadol
baTorah." That is the klal gadol. Shelot
omer and he comes back and says, "Shelot
omer hoyil venispaziti." "Yitpazecha
haveri im if I don't mind being being
embarrassed. I can do that to other
people." "Hoyil veniskalalti niska-
nitskalalti if I'm just being cursed
out." "Yitkalelecha haveri im I can do
it to other people." No, it's not a
question of you. Amar Rav Tarfon, "Im
asita kein if you do that, dam al mi
atem vazim?" Who are you embarrassing
when you embarrass a person?
It's not that you're embarrassing a
person. You might turn around and say,
"You know something? I don't care. I'm
never embarrassed. You can take all your
clothes off in public, it wouldn't
bother me at all."
The Gamara is saying, "You know what? I
don't care if you're not embarrassed.
You should be embarrassed."
The reason that this koved habriyos
applies is cuz you're made but selem
Elokim. And it's not your dignity that
we care about, it's the dignity of being
made, uh, you know, as a as a human
being with a godly spark, etc., etc. So,
that is maybe the most fundamental of
all sources for what koved habriyos is
all about. Rabeinu Bachya wants to learn
it from the mitzvah of dalet beheima.
Remember, if a man, person, this could
be a man or woman, steals a sheep
and then sells it or shechts it, and
they get found out, they have to pay
back four times. But if they steal, uh,
an ox, they have to pay back five times.
So, why why is it more for an ox? You
say, "Oh, well, an ox is bigger." No,
but that's covered by the difference in
value. Obviously, you know, that if the
ox is bigger, he pays back more, but so
the Gamara says that no, the guy who
stole the sheep has already paid back a
little bit before you even get to the
court case. Cuz with the ox, he just
clicks his fingers and the ox ran away,
or he just dragged him out. With the
sheep, he schlepped him on his on his
shoulders to get the sheep out. So, this
guy has already been degraded that
little bit. Okay, he's a ganef, you
care? Yes, actually we care a little
bit. He's already paid a little bit of
his dues by schlepping this and the
Rabeinu Bachya says that is maybe the
root of koved habriyos that we have a
certain rachmanus on the ganef because
he's already been embarrassed in that
way. Um, others learn it from the
mitzvah of selem Elokim of, um,
uh, vahalachta bedrachav. What's the
first act that we see that God does for
the human race? Makes them clothes.
They're embarrassed, they're naked, God
makes them clothes, and we see that the
Gamara also says just like God is
malbish arumim,
we should also be bemalbish arumim, and
we learn from there. Um, Rav
Soloveitchik wants to learn from, I
didn't put it on the sheet, there's the
the the the idea that Avraham Avinu was
talking to God in Vayeira the beginning
and he breaks off when there are three
people that need to be looked after. He
says you see that the cover of Briah is
giving cover to these three dusty
travelers overrides even his private
moment of transcend transcendent
connection to God.
And
Professor Blitzstein also brings an
example in that lecture I mentioned. He
says that the ability of the person to
who's scared in battle to go back home.
We say you can go back home if you're
scared for a Milchemet Reshut. And all
those other people says the Medrash, all
those other people who we allowed to go
back home someone who's planted a
vineyard, who's married a woman etc. We
allow them to go back home so that he
doesn't feel embarrassed that he's going
home. Maybe that's also a source of
cover of Briah so that you could argue
the reason we're sending these people
home is nothing to do with cover of
Briah. It's because we don't think
they'll be effective soldiers. They'll
demoralize the army. We don't need you
here. Thank you very much. We you'll do
better for us if you go home. Could be
that as well. But I wanted to finish
with just this last piece on page six
which is actually a very beautiful piece
from Rav Chaim Shmuelevitz where Rav
Chaim Shmuelevitz he he brings the
example of
of Moshe Rabbeinu. At the Sneh. Moshe
Rabbeinu is at the Sneh the burning bush
and God says to him, you are the Goel.
You are the one who's going to go down
to Egypt and bring the people out. And
he argues this way, he argues that way
and his final argument he says is just
send Aaron, you know, my brother. Send
Aaron.
And God says to him, you don't have to
worry about Aaron.
What's he worried about? He's a younger
brother. Aaron the Kohen is an older
brother and he's going to get offended
that his little brother is now the Goel
and and he who's been dealing with the
whole situation in Egypt for 80 years
while Moshe Rabbeinu has been off who
knows where, you know, herding sheep and
being the king of Kush and whichever
Midrash you want to follow. And he just
breezes in now and tells his elder
brother, thank you very much. I'll take
it from here and we'll take the people
out." Moshe says, "I can't do that to my
brother." And Hakadosh Baruchu says to
him, "It's fine because he doesn't mind.
Samach belibo, he's fine. He's happy
with it." Says Rav Chaim Shmulevitz,
"And if he wouldn't be happy with it?"
That would be a reason that Moshe didn't
have to go. That would be a reason to
postpone the whole Geulah.
Because God will cover the brius. Yeah,
you can't you wouldn't be able to be the
goel if your older brother was going to
be offended. You're right. But he's not
going to be offended and God gets angry
with him that he shouldn't think he was
going to be offended because he's beyond
that. He's above that. But the point is
is a correct point and he says that is
the the if you like the root of kavod
habrius in the Torah and that we see it
so uh clearly. Okay, we got through
those sources. We did well. Baruch
Hashem. Next week we'll do something
else, but this is a fascinating topic
and uh there's much more to be learned.
All the best and we'll see you next
week, please God.