Kevod Habriyot: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
|||
| Line 1: | Line 1: | ||
[[File:Human Dignity.jpg|250px|right]] | |||
''Kavod Habriyot'' (Hebrew:כבוד הבריות, tran. ''respect for creations'') is the virtue of respecting human dignity and their basic needs. Protecting a person's human dignity is critical in Torah because of the sanctity of man. The obligation to protect the dignity of others and oneself sometimes allows certain leniencies in halacha that otherwise wouldn't be allowed.<Ref>Gilyonei Hashas Brachot 19b posits that generally the leniencies of kavod habriyot are indeed an overriding of a halacha because of the principle of kavod habriyot. Therefore, if it could be avoided it should be. However, in Beitzah 32b regarding the case of taking rocks to make a suitable area for a person to relieve himself the rabbinic injunctions of building a structure weren't enacted at all. It is a leniency that is considered permitted ab initio.</ref> | ''Kavod Habriyot'' (Hebrew:כבוד הבריות, tran. ''respect for creations'') is the virtue of respecting human dignity and their basic needs. Protecting a person's human dignity is critical in Torah because of the sanctity of man. The obligation to protect the dignity of others and oneself sometimes allows certain leniencies in halacha that otherwise wouldn't be allowed.<Ref>Gilyonei Hashas Brachot 19b posits that generally the leniencies of kavod habriyot are indeed an overriding of a halacha because of the principle of kavod habriyot. Therefore, if it could be avoided it should be. However, in Beitzah 32b regarding the case of taking rocks to make a suitable area for a person to relieve himself the rabbinic injunctions of building a structure weren't enacted at all. It is a leniency that is considered permitted ab initio.</ref> | ||
| Line 8: | Line 9: | ||
#Kavod Habriyot can include circumstantially embarrassing phenomenon. For example, the Rama O.C. 339:4 writes that if a bride and groom were scheduled to get married on Friday afternoon and because of the negotiations of the dowry the sunset, they may still perform the wedding because otherwise it would embarrassing to the families it it had to be delayed. | #Kavod Habriyot can include circumstantially embarrassing phenomenon. For example, the Rama O.C. 339:4 writes that if a bride and groom were scheduled to get married on Friday afternoon and because of the negotiations of the dowry the sunset, they may still perform the wedding because otherwise it would embarrassing to the families it it had to be delayed. | ||
# A hearing impaired individual may wear hearing aids on Shabbat. One factor in being lenient is that for someone with impaired hearing not to be able to hear someone's question or comment to him is embarrassing.<ref>Tzitz Eliezer 6:6</ref> | # A hearing impaired individual may wear hearing aids on Shabbat. One factor in being lenient is that for someone with impaired hearing not to be able to hear someone's question or comment to him is embarrassing.<ref>Tzitz Eliezer 6:6</ref> | ||
# A Sephardi who is eating someone's house, Sephardi or Ashkenazi, and doesn't know whether the meat being served is glatt or Bet Yosef, he may eat it and not have to inquire out of a concern that his questions will embarrass the host and would violate kavod habriyot. This leniency of kavod habriyot is only effective regarding the inquiry; regarding the actual question the reason to be lenient is other halachic principles.<ref>Yabia Omer YD 5:3</ref> | |||
==Slight Embarrassment== | ==Slight Embarrassment== | ||
| Line 18: | Line 20: | ||
==Making a Bracha to Avoid Embarrassment== | ==Making a Bracha to Avoid Embarrassment== | ||
# Once a woman who had an abortion previous to getting and didn't tell her husband. They had a firstborn boy who the husband thought was obligated in pidyon haben. If she told him the truth about her past relationship and abortion it would destroy their Shalom Bayit. Does she have to tell him or can they have the pidyon haben even though the father is going to make a bracha levatala? Some major gedolim in a specific case said she doesn't have to said anything even though the husband is going to make a bracha levatala.<ref>Yabia Omer YD 8:32. Factors on which he relies include: 1) According to many rishonim bracha levatala is derabbanan. Here since the husband thinks he's reciting a bracha correctly perhaps it isn't a Biblical violation even according to the Rambam. To avoid embarrassing someone it is permitted to allow a rabbinic prohibition. 2) But even if it is Biblical since the husband is only violating it unintentionally according to the Rosh to avoid embarrassment you don't have to tell him. Perhaps we can rely on the Rosh one time in extenuating circumstances. 3) Bracha Levatala isn't explicit in Torah and the Sdei Chemed 3:23 writes that kavod habriyot allows violating a Biblical prohibition passively if it isn't explicit. [https://www.torahanytime.com/#/lectures?a=59349 Rav Yitzchak Yosef (Motzei Shabbat Tarziya Motzora 5778)] explained that even though Rav Zilberstein quoted Rav Elyashiv as disagreeing with Rav Ovadia Yosef, Rav Ovadia was only lenient because of a majority concern of shalom bayit. See Michtam Pesachim 106a s.v. likadesh who understands that Rav Ashi was hesitant about making a bracha in a situation where he couldn't clarify whether he should recite a bracha so as not to embarrass others.</ref> | # Once a woman who had an abortion previous to getting and didn't tell her husband. They had a firstborn boy who the husband thought was obligated in pidyon haben. If she told him the truth about her past relationship and abortion it would destroy their Shalom Bayit. Does she have to tell him or can they have the pidyon haben even though the father is going to make a bracha levatala? Some major gedolim in a specific case said she doesn't have to said anything even though the husband is going to make a bracha levatala.<ref>Yabia Omer YD 8:32. Factors on which he relies include: 1) According to many rishonim bracha levatala is derabbanan. Here since the husband thinks he's reciting a bracha correctly perhaps it isn't a Biblical violation even according to the Rambam. To avoid embarrassing someone it is permitted to allow a rabbinic prohibition. 2) But even if it is Biblical since the husband is only violating it unintentionally according to the Rosh to avoid embarrassment you don't have to tell him. Perhaps we can rely on the Rosh one time in extenuating circumstances. 3) Bracha Levatala isn't explicit in Torah and the Sdei Chemed 3:23 writes that kavod habriyot allows violating a Biblical prohibition passively if it isn't explicit. [https://www.torahanytime.com/#/lectures?a=59349 Rav Yitzchak Yosef (Motzei Shabbat Tarziya Motzora 5778)] explained that even though Rav Zilberstein quoted Rav Elyashiv as disagreeing with Rav Ovadia Yosef, Rav Ovadia was only lenient because of a majority concern of shalom bayit. See Michtam Pesachim 106a s.v. likadesh who understands that Rav Ashi was hesitant about making a bracha in a situation where he couldn't clarify whether he should recite a bracha so as not to embarrass others.</ref> | ||
==Human Dignity in the Face of Pride of Torah Observance== | ==Human Dignity in the Face of Pride of Torah Observance== | ||
# Someone who is uncomfortable because of onlookers that are uncomfortable with the view of the Torah and halacha should muster the strength to proudly observe halacha even in the presence of scoffers.<ref>Rama Orach Chaim 1:1</ref> It isn't considered a violation of kavod habriyot if a modern sensitivity doesn't jive with the halacha.<ref>Igrot Moshe YD 2:77 writes that [[harchakot]] are to be observed even if would make the couple feel uncomfortable that others know that she is a niddah. It isn't objectively anything private; rather it is an observance of the halacha. However, see [https://www.yutorah.org/sidebar/lecture.cfm/876990/rabbi-mordechai-i-willig/niddah-shiur-123-passing-things-leniencies-putting-things-in-pocketbook-and-passing-babies/ Rav Mordechai Willig] who felt that nowadays it is possible to consider a breach of kavod habriyot for certain woman who are very bothered for someone else to know whether or not they are a niddah.</ref> | # Someone who is uncomfortable because of onlookers that are uncomfortable with the view of the Torah and halacha should muster the strength to proudly observe halacha even in the presence of scoffers.<ref>Rama Orach Chaim 1:1</ref> It isn't considered a violation of kavod habriyot if a modern sensitivity doesn't jive with the halacha.<ref>Igrot Moshe YD 2:77 writes that [[harchakot]] are to be observed even if would make the couple feel uncomfortable that others know that she is a niddah. It isn't objectively anything private; rather it is an observance of the halacha. However, see [https://www.yutorah.org/sidebar/lecture.cfm/876990/rabbi-mordechai-i-willig/niddah-shiur-123-passing-things-leniencies-putting-things-in-pocketbook-and-passing-babies/ Rav Mordechai Willig] who felt that nowadays it is possible to consider a breach of kavod habriyot for certain woman who are very bothered for someone else to know whether or not they are a niddah.</ref> | ||
