Lessons from Baba Kamma: How Far Does Honesty and Integrity Go?

I have a dear friend who was a Prison Chaplain on the West Coast for many years. During his tenure he, a Rabbi ordained in the Conservative Movement would have among his prisoner populations self-proclaimed observant Jews, who were indeed such according to their appearance and an ongoing barrage of complaints and challenges regarding whether or not their needs as Halachically observant Jews were being met. Fair enough, well sort of… I remember one time, my friend shared with me a conversation he had during one of these challenging interactions (based on the fact that he as a Conservative ordained Rabbi could not possibly state positions indicating that needs were being met for matters such as the need to drink wine for Shabbat or Hagim, scheduling chores so that Shaharit – the morning prayers- could be said at precisely the right time, the correct Matbeah – order and cadence of prayers – was used and so on. In short, they just kept yanking his chain. One day he asked one of these pious observant Jews what they were in prison for – a fair question, to be sure. “Embezzlement,” the gentleman replied, “and that’s okay because its not forbidden in the Torah.” Enough said! First of all, do we really have to even go there – that embezzlement or any type of “creative financial management” of that sort is not robbery?

I have a wonderful jeweler/artisan named Lucy in my life, who makes a lot of custom jewelry for me. She is a lovely lady and it is always fun to have her make stones and pieces I have from past chapters of living come to life in a new and meaningful way. Once I brought her a very sizable stone of Eilat to take out of its silver base and put into a good gold one so I could give a nice gift of my mom’s jewelry to a cousin with whom I am very close and love dearly. The piece came out beautifully and I had told Lucy to keep the silver for something else she will do. I noticed when I picked up the piece, the silver framing was there. I reminded her that she could add it to her stockpile of supplies. Then she insisted on paying me for it. I refused and finally told her it was a very small gift – a token of my appreciation for all that she does.

This morning, I finished Masechet Baba Kamma, a Tractate of Talmud learning and want to share something from this learning as a mini-Siyyum. I am looking forward to a more official celebration of this Masechet and my learning of it in one of the shuls I go to in the near future. So you are now thinking, okay, Sunnie has lost it…. what in the world is she writing about? So I will share how this all connects, though my fellow Talmud learners are probably already there.

You see, so much of Jewish Law is about how we go in our daily lives, our actions, our interactions with others, the actual things we do, the intent with which we do them, and the outcomes of those actions, including the impact on others. The very word for Jewish Law is HALACHA, that is HOW WE GO or GOING.. that is going about the daily actions in which we are involved in a proper way.

So now, back to my two stories. First my friend the Rabbi who was a prison chaplain and his predicament! Embezzlement IS stealing… GENEIVAH. As Baba Kamma nears its end, very clear distinctions are made between stealing and robbing, with someone’s knowledge or without someone’s knowledge and the requirement to not only return the stolen goods but also to make right the wrong that was committed. These discussions are lengthy and take up so much of the Tractate which is 236 very long pages of discussion and qualifications and definitions and imagining various iterations of wrongdoing. Further, within these teachings, we learn about the incredible harm that such a lack of respect for the property of others does and that it can hedge on being similar to murder. Just think, for example, of all of the victims we know who lost their life savings to Bernie Madoff and his dishonest practices, while so many in the religious sectors of the Jewish community had sung his praises for being such a dedicated Jew for so long. Baba Kamma teaches that even if there is a hint that something could look like misappropriation of the funds or belongings of another, it is not to be done. While Jews often talk of a “fence around the Torah” when it comes to Shabbat, Kashrut and other ritual aspects of our lives (and remember, I guard all of these Mitzvot carefully), I wonder how many worry about this. Clearly not one who thinks that embezzlement is somehow okay. And yes, there is what to be concerned about whether we are dealing with those in our faith community as well as those outside of it. When we cheat or steal or take anything that is not ours, we DISHONOR GOD. Further, the text teaches that the one who steals LOSES HIS SOUL and in the end will not come to any good. Further, his own children and future generations may suffer.

And now back to my second story. Lucy is Asian and observes a different code of ethics and behaviors in terms of their source, but not so much in terms of their impact. Her persistent desire to return to me what was mine feels now like it comes right off of the last pages of this Tractate, which clearly stipulates how much an artisan who is contracted to make something for someone is entitled to keep as theirs and how much goes back to the owner of the material. Lucy was observing the “letter of this law” in her process and by gifting her in the end, I released her from her obligation to return what was mine. This is clearly spelled out in this text.

Baba Kamma is one of three tractates, along with Baba Metziah and Baba Batra about property law, about damages, about punishments and clearly proscribed limits to be placed on them – another lesson for contemporary society to consider – that are commensurate with the wrong done, and the notion that one must not only return stolen or ill-gotten goods but must also make the wrongdoing to the person who was affected right by their admission of their wrongdoing. There is so much else here but then this might go on and on… for 236 long pages and we would not want to do that, so I will end here and wish all a Shabbat Shalom and a meaningful Lent to my Christian friends, Happy Korean New Year to those watching the Olympics, and the wish that we all keep to the spirit of the laws to which we are accountable as much as the letter of the law. Be well, all!

Why Boxers Must Retire and Pride in the Philadelphia EAGLES!

Why Boxers Must Retire and Pride in the Philadelphia EAGLES! Okay, so the second part is obvious. It is indeed a wonderful time to be in Philadelphia. I have watched my entire family over the past decades REALLY WANT a winning team and now they and all of us have it. I love the positive energy and the excitement and the pride in this wonderful team of guys who have worked so well together to achieve what no one thought possible just six months ago. But there is another side that worries me.

Some years back, I met a boxer. I mean a REAL boxer with big flashy championship belts and everything. WORLD CLASS! A really nice guy and kind of fun to hang out with, not to mention quite different from the circles of people I normally know and have contact with.

I noticed right off the bat that he was a bit sluggish in his speech and had a distant cast to the look in his eyes. Now this guy was the one whose hand was raised and everyone cheered. But he had his share of punches and jabs to the head through his years of boxing. And I must say, it showed and definitely had an impact on the quality of life at the point I met him. This seems all the more poignant and reason to give pause as we all know that we are hearing more and more in the news and in various sources about the down side of these sports – the lost lives, the ruined lives, the lesser quality of life. How do we square the elation that is presently going on in my city with this reality that is so much a by-product of this sport that engenders this excitement. More and more parents DO NOT WANT their children to play or be involved in these sports that have such a high degree of potential harm.

I remember thinking about this at one point during the Super Bowl when a player from the New England Patriots seemed to be disoriented during the game and began going around in circles (I think his last name is Cooks). He was struck when he ran into the helmet of another player and then taken off the field. What is going on in his head and how will he be in ten or twenty years? I wonder.

Years ago, I met a former Philadelphia Eagle in an airport when I was traveling for work. We sat and chatted as random travelers often do. No, as my family clearly indicated their disappointment in me, I did not get his name and definitely did not ask for an autograph. But he talked a good deal about how the game has changed so much and become less sport and more something else – entertainment, business, money maker – and not for the good of the players, who now may themselves have different reasons that motivate them to play. He bemoaned the fact that more injuries are overshadowing the pleasure of the game and that these injuries can bring long lasting effects diminishing one’s quality of life. I asked him if other players from his era felt the same way and he indicated that yes, many he knew did. Definitely a sobering conversation and this may have something to do with why I do not really enjoy watching sports where there is a real potential for such devastating harm.

But, I did watch the Super Bowl and cheer like crazy with our friends as the game progressed, and shared the nervous feeling in the room when it was possible that there was going to be another outcome. We cheered and yelled at the end and it was pure elation. Pride in feeling part of this country, our city and so much else! Proud of the humility and the gratitude and the feeling of God’s presence as indicated by so many players and coaches when they spoke! And then I wondered about these guys and the impact this game that they love so much and to which they have such loyalty is being kind or cruel to them.

I know there is great discussion about this in many circles. I do not know where it will lead. I do hope however that we all remember that behind all of the pageantry and excitement, there are human beings and somehow we need to show concern for them and their future. How do we walk that balance beam? How many of us even think about it?