Q & A: Real Tough Times (Part I),Rabbi Yaakov Klass

QUESTION: To think that just a few short years ago people were so concerned with the Y2K computer applications issue and the 9/11 tragedy, as well as the Enron financial scandal, when now we have a financial catastrophe that dwarfs them. Pardon me if I am somewhat ignorant but I am a Ba'al Teshuva who is seeking a religious perspective to recent events. I am rather embarrassed as I lost most of my accumulated wealth in the past weeks. I'd rather not give any details of my identity, as there are some who will recognize me.

Please, Don't Use My Name

ANSWER: As far as equating the current financial meltdown with the Enron situation or the Y2K fear, which turned out to be a non-issue, we see your point. However to compare anything to 9/11, where there was so much loss of life, is inconceivable. Yet we must forgive your reaction, though misplaced somewhat, as it is obvious that you and so many others are seriously hurting. It is therefore proper, as you request, that we examine this situation from a religious perspective.

For an analytical discussion of what went wrong, we would have to delve into the machinations of investments and funds. This is not the forum, nor do we profess any expertise in this area. Rather, we will present a serious look at a halacha which will show how careful one must be in financial and business matters.

Regarding weights and measures in business, the Shulchan Aruch, Choshen Mishpat (231:1-2) states, "One who weighs or measures (i.e., shortchanges) deficient amounts violates the command in Leviticus (19:35-36), "Lo ta'asu avel bamishpat, bamida, bamishkal ubamesura. Me'oznei tzedek avnei tzedek eiphat tzedek ve'hin tzedek yih'yeh lachem, ani Hashem Elokeichem asher hotzeiti et'chem me'eretz mitzrayim - You shall not commit a perversion of justice, in measures of length, weight or volume. You shall have correct scales, correct weights, correct dry measures and correct liquid measures, I am Hashem your G-d who brought you forth from the land of Egypt."

The Shulchan Aruch further states, "The beit din [a clear reference to the governing authority] is required to put in place specific responsible individuals who shall visit the stores, and if anyone is found to be deficient in any of his measures of length, weight or volume, or to possess a broken scale, it is permitted to punish and fine him as the beit din sees fit." Further throughout this section of the Shulchan Aruch (based upon Tractate Bava Metzia 61b) we find a delineation of rules to be followed in regard to weighing and measuring items for sale and what constitutes mekach ta'ut, an invalid sale.

Thus we see that in business dealings halacha demands the ultimate in integrity. If these would be the instinctive business ethics that people naturally adhere to, governmental supervision would not be necessary. However, such is not the case. To the contrary, we find in our everyday dealings the great appropriateness of the ancient Roman warning, caveat emptor - let the buyer beware.

Indeed, not only must we be on our guard, but in times of financial peril - which seems always to be the case - one must heed the lesson of our Patriarch Jacob. In Parashat Vayishlach the Torah tells us of Jacob's apprehension in anticipation of meeting his brother Esau (Genesis 32:8-9): "Vayira Ya'akov me'od vayetzer lo, vayachatz et ha'am asher ito ve'et hatzon ve'et habakar ve'hagemalim lishnei machanot - Jacob was very frightened and distressed, and he divided the people with him, and the flocks, cattle, and camels into two camps." The following verse explains Jacob's reasoning for doing so. "Vayomer, im yavo Esav el hamachaneh ha'achat ve'hicahu, ve'haya hamachaneh hanish'ar lifleita - And [Jacob] said 'If Esau comes upon one camp and strikes it, then the remaining camp shall survive.'"

Ramban (ad loc.) explains that Jacob knew that all of his progeny will not fall before Esau; therefore, by separating them, he felt he had assured the survival of at least some of them. Ramban quotes Midrash Bereishit Rabbah (76:2), which extends this to "our brothers in the Diaspora where, for many generations, we have seen this principle actualized." The Midrash states that in relating Jacob's division of the people with him, the Torah is teaching us proper behavior. We are to learn from this incident that a person should not put all of his possessions in one "corner" [i.e., place].

We find similar activity in I Kings (18:4). Queen Jezebel had already killed many of the prophets. The prophet Obadiah then gathered one hundred prophets and divided them evenly, placing them in two caves. Ralbag (ad loc.) offers the explanation that Obadiah feared Jezebel might find and subsequently harm one group, and perhaps the other will survive.

Matnot Kehuna on that midrash notes that we learn from this that one should not put all of his money in one business venture, for he might lose what he placed in that business, and hopefully the money he had placed in yet another business will safely remain for him.

[The Maharsha, commenting on Sanhedrin 39b - he not only compares Obadiah to Jacob but assumes that Obadiah learned from Jacob's strategy - asks: What induced the Gemara to state that Obadiah learned from Jacob? Perhaps Obadiah of his own accord understood to do what he did. The Maharsha answers that had the latter been the case, the Torah would have explained Obadiah's reasoning, just as it does in regard to Jacob.]

Further on in Parashat Vayishlach (Genesis 32:25) we find the following verse: "Vayivater Ya'akov levado vaye'avek ish imo ad alot hashachar - Jacob remained alone and a man wrestled with him until the break of dawn." The Gemara (Chullin 91b) questions why Jacob remained alone even as the entire party had been sent ahead. Rabbi Eleazar explains that Jacob stayed behind to salvage some small jars [that had been left behind a previous encampment]. "From here [we learn] that to the righteous their money is dearer than their bodies. Why is this to such a degree? Because their hands never touch anything that is stolen."

(To be continued)

Rabbi Yaakov Klass can be contacted at yklass@jewishpress.com.

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Q & A: Real Tough Times (Part I) , Rabbi Yaakov Klass