Responsibility in a Time of Crisis (Ohalah 5782)
(טו) לֹא־תַעֲשׂ֥וּ עָ֙וֶל֙ בַּמִּשְׁפָּ֔ט לֹא־תִשָּׂ֣א פְנֵי־דָ֔ל וְלֹ֥א תֶהְדַּ֖ר פְּנֵ֣י גָד֑וֹל בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃ (טז) לֹא־תֵלֵ֤ךְ רָכִיל֙ בְּעַמֶּ֔יךָ לֹ֥א תַעֲמֹ֖ד עַל־דַּ֣ם רֵעֶ֑ךָ אֲנִ֖י יְהוָֽה׃ (יז) לֹֽא־תִשְׂנָ֥א אֶת־אָחִ֖יךָ בִּלְבָבֶ֑ךָ הוֹכֵ֤חַ תּוֹכִ֙יחַ֙ אֶת־עֲמִיתֶ֔ךָ וְלֹא־תִשָּׂ֥א עָלָ֖יו חֵֽטְא׃
(15) You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kinsman fairly. (16) Do not deal basely with your countrymen. Do not profit by the blood of your fellow: I am the LORD. (17) You shall not hate your kinsfolk in your heart. Reprove your kinsman but incur no guilt because of him.

At the heart of Leviticus are the foundations of a civilized society: judge your fellow fairly, don't stand idly by the blood of your fellow, and offer a reproach to another person who is sinful.

As we review these texts you might ask:

Who is your fellow? Is there a limiting definition?

Does the society we desire treat rich and poor equally?

Have you profited because others have been denied economic opportunity?

When others are harmed, what is our obligation to act?

How do you "reprove" others who cause harm by their behaviors?

When you call out people for their sinfulness, how do your own safety concerns factor in?

וכל עבירות שבתורה מכל העולם לא והכתיב (ויקרא כו, לז) וכשלו איש באחיו איש בעון אחיו מלמד שכל ישראל ערבים זה בזה

The Gemara asks: And with regard to all of the other transgressions in the Torah, is punishment not exacted from the entire world? But isn’t it written: “And they shall stumble one upon another” (Leviticus 26:37)? This verse is homiletically interpreted to mean that they shall stumble spiritually, one due to the iniquity of another, which teaches that the entire Jewish people are considered guarantors for one another. Apparently, any transgression makes the entire world liable to be punished.

Mishneh Torah, Human Dispositions 6:7 (Maimonides 12th C)

He who beholds his fellow stooping to sin or following an unrighteous path, is obliged to return him toward the good, and to let him know that he is actually sinning against himself in pursuing wicked deeds for, it is said: "And thou shalt indeed rebuke thy neighbor" (Lev. 19.17). He who rebukes his fellow, whether it be regarding a sin committed between man and man, or whether it be regarding matters between man and God, it is essential that the rebuke be administered only between them both; and he shall speak to him calmly, employing soft language, telling him that he does not speak of it to him, save for his own good, to bring him to a life in the world to come. If he receive it attentively from him, it is well; if not, he should rebuke him a second, even a third time. So is the constant duty of a man to continue to rebuke his fellow, even until the sinner strike him, and say unto him: "I will not listen". He in whose power it is to prevent sin and does not take the means to prevent it, he himself is ultimately overtaken by their sin, since it was possible for him to prevent them.

Three discussions from Talmud are excerpted below. These selections build upon fundamental principles that are the underpinnings of Judaism: respect for others, peace, justice, and social responsibility. The sages of the Talmud demand that we consider if respect, peace, justice, and social responsibility are universal concepts or merely reserved for a select few. We know these principles from Torah and the prophetic writings: (Deut. 10:18-19) (Jer. 9:23-24) (Ps. 10:17-18) They are principles of universal application benefitting all humanity.

רַב וְרַבִּי חֲנִינָא וְרַבִּי יוֹחָנָן וְרַב חֲבִיבָא מַתְנוּ: בְּכוּלֵּיהּ דְּסֵדֶר מוֹעֵד כָּל כִּי הַאי זוּגָא חַלּוֹפֵי רַבִּי יוֹחָנָן וּמְעַיֵּיל רַבִּי יוֹנָתָן. כׇּל מִי שֶׁאֶפְשָׁר לִמְחוֹת לְאַנְשֵׁי בֵיתוֹ וְלֹא מִיחָה — נִתְפָּס עַל אַנְשֵׁי בֵיתוֹ. בְּאַנְשֵׁי עִירוֹ — נִתְפָּס עַל אַנְשֵׁי עִירוֹ. בְּכָל הָעוֹלָם כּוּלּוֹ — נִתְפָּס עַל כָּל הָעוֹלָם כּוּלּוֹ. אָמַר רַב פָּפָּא: וְהָנֵי דְּבֵי רֵישׁ גָּלוּתָא מִיתַּפְסוּ אַכּוּלֵּי עָלְמָא. כִּי הָא דְּאָמַר רַבִּי חֲנִינָא: מַאי דִכְתִיב ״ה׳ בַּמִּשְׁפָּט יָבֹא עִם זִקְנֵי עַמּוֹ וְשָׂרָיו״

It was related that Rav, and Rabbi Ḥanina, and Rabbi Yoḥanan, and Rav Ḥaviva taught the statement cited below. The Gemara comments: Throughout the order of Moed, wherever this pair of Sages is mentioned, exchange Rabbi Yoḥanan and insert Rabbi Yonatan in his place. In any event, they said: Anyone who had the capability to effectively protest the sinful conduct of the members of his household and did not protest, he himself is apprehended for the sins of the members of his household and punished. If he is in a position to protest the sinful conduct of the people of his town, and he fails to do so, he is apprehended for the sins of the people of his town. If he is in a position to protest the sinful conduct of the whole world, and he fails to do so, he is apprehended for the sins of the whole world. Rav Pappa said: And the members of the household of the Exilarch were apprehended and punished for the sins of the whole world. Because their authority extends across the world, it is in their hands to ensure that nobody commit a transgression. As indicated by that which Rabbi Ḥanina said: What is the meaning of that which is written: “The Lord will enter into judgment with the Elders of His people and its princes, saying: It is you who have eaten up the vineyard; the robbery of the poor is in your houses” (Isaiah 3:14)?

אֲמַר לֵיהּ רַבִּי זֵירָא לְרַבִּי סִימוֹן: לוֹכְחִינְהוּ מָר לְהָנֵי דְּבֵי רֵישׁ גָּלוּתָא. אֲמַר לֵיהּ: לָא מְקַבְּלִי מִינַּאי. אֲמַר לֵיהּ: אַף עַל גַּב דְּלָא מְקַבְּלִי לוֹכְחִינְהוּ מָר. דְּאָמַר רַבִּי אַחָא בְּרַבִּי חֲנִינָא: מֵעוֹלָם לֹא יָצְתָה מִדָּה טוֹבָה מִפִּי הַקָּדוֹשׁ בָּרוּךְ הוּא וְחָזַר בָּהּ לְרָעָה חוּץ מִדָּבָר זֶה, דִּכְתִיב: ״וַיֹּאמֶר ה׳ אֵלָיו עֲבוֹר בְּתוֹךְ הָעִיר בְּתוֹךְ יְרוּשָׁלִָים וְהִתְוִיתָ תָּו עַל מִצְחוֹת הָאֲנָשִׁים הַנֶּאֱנָחִים וְהַנֶּאֱנָקִים עַל כׇּל הַתּוֹעֵבוֹת הַנַּעֲשׂוֹת בְּתוֹכָהּ וְגוֹ׳״. אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לְגַבְרִיאֵל: לֵךְ וּרְשׁוֹם עַל מִצְחָן שֶׁל צַדִּיקִים תָּיו שֶׁל דְּיוֹ שֶׁלֹּא יִשְׁלְטוּ בָּהֶם מַלְאֲכֵי חַבָּלָה. וְעַל מִצְחָם שֶׁל רְשָׁעִים תָּיו שֶׁל דָּם כְּדֵי שֶׁיִּשְׁלְטוּ בָּהֶן מַלְאֲכֵי חַבָּלָה. אָמְרָה מִדַּת הַדִּין לִפְנֵי הַקָּדוֹשׁ בָּרוּךְ הוּא: רִבּוֹנוֹ שֶׁל עוֹלָם! מַה נִּשְׁתַּנּוּ אֵלּוּ מֵאֵלּוּ? אָמַר לָהּ: הַלָּלוּ צַדִּיקִים גְּמוּרִים וְהַלָּלוּ רְשָׁעִים גְּמוּרִים. אָמְרָה לְפָנָיו: רִבּוֹנוֹ שֶׁל עוֹלָם! הָיָה בְּיָדָם לִמְחוֹת וְלֹא מִיחוּ! אָמַר לָהּ: גָּלוּי וְיָדוּעַ לְפָנַי שֶׁאִם מִיחוּ בָּהֶם לֹא יְקַבְּלוּ מֵהֶם. (אָמַר) [אָמְרָה] לְפָנָיו: רִבּוֹנוֹ שֶׁל עוֹלָם! אִם לְפָנֶיךָ גָּלוּי, לָהֶם מִי גָּלוּי?
With regard to the issue of reprimand, it was related that Rabbi Zeira said to Rabbi Simon: Let the Master reprimand the members of the house of the Exilarch, as Rabbi Simon had some influence over them. Rabbi Simon said to him: They will not accept reprimand from me. Rabbi Zeira said to him: Let my master reprimand them even if they do not accept it. As Rabbi Aḥa, son of Rabbi Ḥanina, said: Never did a promise manifesting a good attribute emerge from the mouth of the Holy One, Blessed be He, and He later retracted it and rendered it evil, except with regard to this matter, as it is written: “And the Lord said to him: Go through the midst of the city, through the midst of Jerusalem, and set a mark [tav] upon the foreheads of the men that sigh and that cry on account of all the abominations that are done in her midst” (Ezekiel 9:4). The Holy One, Blessed be He, said to the angel Gabriel: Go and inscribe a tav of ink on the foreheads of the righteous as a sign so that the angels of destruction will not have dominion over them. And inscribe a tav of blood on the foreheads of the wicked as a sign so that the angels of destruction will have dominion over them. The attribute of justice said before the Holy One, Blessed be He: Master of the Universe, how are these different from those? He said to that attribute: These are full-fledged righteous people and those are full-fledged wicked people. The attribute of justice said to Him: Master of the Universe, it was in the hands of the righteous to protest the conduct of the wicked, and they did not protest. He said to that attribute: It is revealed and known before Me that even had they protested the conduct of the wicked, they would not have accepted the reprimand from them. They would have continued in their wicked ways. The attribute of justice said before Him: Master of the Universe, if it is revealed before You that their reprimand would have been ineffective, is it revealed to them? The Holy One, Blessed be He, retracted His promise to protect the righteous and decided that those who failed to protest would also be punished.

See also Sanhedrin 73a - 74a with regard to the obligation to rescue.

אר"נ בר יצחק מ"ט דר"א דאמר קרא
Rav Naḥman bar Yitzḥak said: What is the reason for the opinion of Rabbi Elazar that interest prohibited by Torah law can be reclaimed by means of legal proceedings adjudicated by judges? It is as the verse concerning the prohibition against taking interest states:
(ויקרא כה, לו) וחי אחיך עמך אהדר ליה כי היכי דניחי ורבי יוחנן האי וחי אחיך עמך מאי עביד ליה מבעי ליה לכדתניא שנים שהיו מהלכין בדרך וביד אחד מהן קיתון של מים אם שותין שניהם מתים ואם שותה אחד מהן מגיע לישוב דרש בן פטורא מוטב שישתו שניהם וימותו ואל יראה אחד מהם במיתתו של חבירו עד שבא ר' עקיבא ולימד וחי אחיך עמך חייך קודמים לחיי חבירך
“And your brother shall live with you” (Leviticus 25:36), from which it is derived: Return the interest to him so that he may live. The Gemara asks: And Rabbi Yoḥanan, what does he do with this verse: “And your brother shall live with you”? The Gemara answers: He requires the verse for that which is taught in a baraita: If two people were walking on a desolate path and there was a jug [kiton] of water in the possession of one of them, and the situation was such that if both drink from the jug, both will die, as there is not enough water, but if only one of them drinks, he will reach a settled area, there is a dispute as to the halakha. Ben Petora taught: It is preferable that both of them drink and die, and let neither one of them see the death of the other. This was the accepted opinion until Rabbi Akiva came and taught that the verse states: “And your brother shall live with you,” indicating that your life takes precedence over the life of the other.