Kevod HaBeriyot (; literally in Hebrew: "honor f/due tothe od'screations (human beings)" also variously translated as "individual dignity", "individual honor", or "human dignity" (in a specifically

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

ic sense which may or may not be the same as the secular concept of human dignity) is a concept of

Halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...

(Jewish law) originating in the

which permits exceptions to Rabbinic decrees under certain circumstances. This concept has been used in a number of contemporary Jewish religious-law decisions in Orthodox and

Conservative Judaism Conservative Judaism, also known as Masorti Judaism, is a Jewish religious movements, Jewish religious movement that regards the authority of Jewish law and tradition as emanating primarily from the assent of the people through the generations ...

. The nature and scope of the concept is a matter of contemporary dispute. Kevod HaBeriyot is mentioned in the

Babylonian Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewi ...

in Berakhot 19b;

Shabbat Shabbat (, , or ; , , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazi Hebrew, Ashkenazim, is Judaism's day of rest on the seventh day of the seven-day week, week—i.e., Friday prayer, Friday–Saturday. On this day, religious Jews ...

81b, 94b;

Eruvin An eruv is a religious-legal enclosure which permits carrying in certain areas on Shabbat. Eruv may also refer to: * '' Eruvin (Talmud)'', a tractate in ''Moed'' * Eruv tavshilin ("mixing of cooked dishes"), which permits cooking on a Friday H ...

41b; and Megillah 3b. The term ''Kevodo'' (his dignity) is used in Beitzah 32b.

Talmudic context

The Tannaim (rabbis of the

Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...

) and the Amoraim (rabbis of the

) applied the concept of ''Kevod HaBriyot'' in their interpretations of and rulings on halakhah ( Jewish law). The

explains the importance of the concept as follows: :"Ben Zoma says: Who is honored (mechubad)? He who honors (mechabed) others (habriyot), as it is said: 'For those who honor Me (

God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...

) I will honor, and those who scorn Me shall be degraded' ( Samuel I 2:30)"

(Avot 4:1

The Rabbis of the Talmud, when they enacted rabbinic decrees, sometimes limited the scope of those decrees to avoid situations when complying with them might lead to a situation they considered undignified and referred to the concept of ''kevod habriyot'' as the basis for doing so. For example, carrying across a private property line is prohibited by a rabbinic prohibition (See

eruv An ''eruv'' (; , , also transliterated as ''eiruv'' or ''erub'', plural: ''eruvin'' or ''eruvim'') is a ritual ''halakhic'' enclosure made for the purpose of allowing activities which are normally Activities prohibited on Shabbat, prohibited ...

), but the Talmud records that the Rabbis created an exception for carrying up to three small stones if needed for wiping oneself in a latrine on the basis of ''kevod habriyot'' (Shabbat 81b, 94b). Similarly, the rabbis enacted a prohibition on a

Kohen Kohen (, ; , ، Arabic كاهن , Kahen) is the Hebrew word for "priest", used in reference to the Aaronic Priest#Judaism, priesthood, also called Aaronites or Aaronides. They are traditionally believed, and halakha, halakhically required, to ...

from approaching a coffin or graveyard to ensure that the Biblical prohibition on contact with the dead would not be inadvertently violated, but permitted a

to violate this rabbinic prohibition in order to greet a king, again appealing to the principle of ''kevod habriyot'' as the basis of this exception ( Berachot 19b). Tractate Beitzah records that the rabbis created an exception of the rabbinic prohibition on creating even temporary structures on

or major Jewish holidays (to safeguard the Biblical prohibition against building permanent structures) to permit a person alone in a field to align stones to create a temporary latrine, because of ''kevodo'' ("his dignity) (Beitzah 36b). Although the Rabbis of the Talmud created limited exceptions to their own enactments to prevent indignities, they held that they do not have authority to create exceptions to Divine law recorded in the written

Tanakh The Hebrew Bible or Tanakh (;"Tanach"
. ''

Oral law in the form of Halakha LeMoshe MiSinai. Berachot 19b records a discussion in which a

tradition A tradition is a system of beliefs or behaviors (folk custom) passed down within a group of people or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common e ...

that rabbis have such authority was explicitly considered but rejected.

In the Shulkhan Arukh

The Shulkhan Arukh, a seminal code of Jewish law, used a dramatic example to illustrate its holding that ''kevod habriyot'' does not override Biblical prohibitions. It held that an observant Jew who becomes aware of Biblically prohibited clothing should remove it immediately even if it leaves a colleague naked in a public place, illustrating that biblical prohibitions trump even strong considerations of modesty and even great public embarrassment. The

in the Shulkhan Arukh goes according to Rav: Shulkhan Arukh, Yoreh De'ah 303:1 " hat it isPermissible to remove '' kilayim'' from isfriend even in hemarketplace: : Mechaber''">Yosef_Karo.html" ;"title="'Yosef Karo">Mechaber'' One who sees kilayim of (forbidden by) the Torah on his friend even if they were walking in the marketplace [he] jumps upon him and tears it from upon him immediately even if he was his rabbi :[''Moses Isserles, Ramo'']: And there are those who say that if had worn them in error then he does not need to tell him about it in the markerplace because of Kevod HaBriyot he houldremain silent and not remove it due to heerror f the wearer( Tur in the name of the Rosh) : 'Mechaber'' And if it was orbiddenby the words f the rabbis(''divreihem'') he does not tear it from him and he does not remove it in the marketplace until he arrives at home : 'Ramo'' And also (likewise) in the Beth midrash there is no need to hurry to leave (Tur) : 'Mechaber'' But if it was from (forbidden by) the Torah he removes immediately.

Contemporary descriptions

Mishpat Ivri expert Menachem Elon, in his

Encyclopaedia Judaica The ''Encyclopaedia Judaica'' is a multi-volume English-language encyclopedia of the Jewish people, Judaism, and Israel. It covers diverse areas of the Jewish world and civilization, including Jewish history of all eras, culture, Jewish holida ...

article on ''Takkanot'' emphasized the importance of Kevod HaBriyot:

The scholars stressed the need to guard, in the exercise of such wide legislative authority, against doing undue injury to man's image and dignity: "All these matters apply to the extent that the dayyan shall find them proper in the particular case and necessitated by the prevailing circumstances; in all matters he shall act for the sake of Heaven and he shall not lightly regard the dignity of man... "(Yad, Sanhedrin 24:10; see also Resp. Rashba, vol. 5, no. 238)

In the

article on ''Honor'' Rabbi Louis Isaac Rabinowitz wrote that "So great was 'the honor of God's creatures' regarded that 'God has regard to the dignity of His creatures' (Sif. Deut. 192) and honor annuls even a negative commandment of the Bible (Ber. 19b), especially the honor of the community (TJ, Ber. 3:1, 6a)." Most classical poskim, however, maintained in accordance with the opinion in the Talmud that ''Kevod HaBriyot'' can only justify overriding rabbinic restrictions. The reference to "annulling a negative commandment of the Bible" refers only to the commandment ''lo tasur'', in other words the command to observe rabbinic restrictions, so the Talmud is in fact saying the same thing but in a deliberately paradoxical way.

Contemporary responsa in Orthodox Judaism

Euthanasia

Rabbi Immanuel Jakobovits held that because the principle of ''kevod habriyot'' reflects a perspective on values requiring a respect for life, Jewish law prohibits

euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...

Hearing aids on Shabbat

Rabbi Eliezer Waldenberg held that wearing a hearing aid on

represents a modern analogy to classically permitted activities such as carrying stones and hence the principle of ''kevod habriyot'' overrides the rabbinic prohibitions involved and renders it permitted.

Women and Torah reading

Modern Orthodox rabbi Daniel Sperber held that the principle of ''kevod habriyot'' permits women to be called to a Torah reading in a synagogue service (See support for partnership minyanim). R. Sperber's responsum addressed the traditional view that ''halachah'' in principle permits a woman to be called but the "honour of the congregation" forbids it. In R. Rabbi Sperber's view, ''kevod habriyot'', the "honour of the individual", can override the honor of the congregation in much the same way that it had been interpreted to override other rabbinic prohibitions. R. Sperber's view has been a controversial one within Orthodox Judaism and has not gained widespread acceptance. Rabbi Aryeh A. Frimer, author of a number of scholarly works on the status of women in Orthodox halakha including ''Women and Minyan'', wrote a critique of Rabbi Sperber's arguments which he entitled "''Lo Zu haDerekh:'' A Review of Rabbi Prof. Daniel Sperber's ''Darka shel Halakha''. In Rabbi Frimer's view, the concept of ''kevod habriyot'' can override rabbinic prohibitions under relatively narrow circumstances caused by external factors such as excrement or nakedness, but cannot override a rabbinic prohibition in its entirety. He argued that a rabbinic decree cannot itself be regarded shameful or embarrassing, and that to permit a rabbinic decree to be characterized as an embarrassment would give anyone carte blanche to abrogate any Rabbinic prohibition simply by saying "This offends me." He said "in those cases where acting according to ''

halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...

''...creates the embarrassment, then kevod ha-beriyyot cannot set aside the Rabbinic prohibition. One should be proud to be fulfilling the ''halakha''.". A more complete and extensively documented presentation of Rabbi Frimer's position has appeared.

Contemporary response in Conservative Judaism

In December 2006,

's Committee on Jewish Law and Standards discussed the Conservative understanding of the concept of ''kevod habriyot'' as applied to the CJLS's decisionmaking in a series of decisions on the Conservative understanding of Jewish law on the subject of

homosexuality Homosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexu ...

. A majority of the Committee voted to adopt two very different responsa under its philosophy of pluralism. The two responsa based their different conclusions in part on different understandings of the concept of ''kevod habriyot'' Rabbis Dorff, Nevins, and Reisner wrote a responsum which supported liberalizing Conservative Judaism's view of homosexual behavior. They held that rabbinic prohibitions against homosexual behavior are inconsistent with human dignity as society now understands it. They argued that the Conservative understanding of the principle of ''Kevod habriyot'' includes general society's evolving understanding of human dignity and that the rabbinic prohibitions involved were inconsistent with human dignity thus understood. Citing R. Daniel Sperber's view that rabbinic prohibitions can be negated by the ''kevod habriyot'' principle, the responsum declared all rabbinic prohibitions restricting homosexual activity lifted. Finding that the principle of ''kevod habriyot'' could only override rabbinic and not Biblically mandated restrictions, the responsum left in place what it found to be the only Biblically mandated restriction involved, a prohibition on male-male

anal sex Anal sex or anal intercourse principally means the insertion and pelvic thrusting, thrusting of the Erection, erect human penis, penis into a person's Human anus, anus, or anus and rectum, for sexual pleasure.Sepages 270–271for anal sex inform ...

. Rabbi Joel Roth wrote a responsum which supported maintaining traditional restrictions on homosexual behavior, which was also adopted by a majority of the Committee on Jewish Law and Standards. The responsum analyzed the principle of ''kevod habriyot'' and held that the rule only permits overriding rabbinic injunctions out of honor or respect for someone else, but not out of one's own honor. Rabbi Roth argued that the idea that a person's own honor (as distinct from giving honor to someone else) could justify overriding a rabbinic injunction was not only inconsistent with a fair reading of the history of the concept, but theologically unjustifiable. The responsum argued that the principle behind ''kevod habriyot'' is the idea that a person can honor God by honoring others, and that this principle does not apply in cases where one's own honor, as distinct from others' honor, is at stake. It held that overriding a rabbinic prohibition because of one's own sense of personal dignity or self-honor would be tantamount to considering one's own honor as more important than God's in matters between oneself and God. The responsum also found the Biblically mandated restrictions involved to be more extensive in scope.Rabbi Joel Roth
"Op-Ed: Law committee in its gay ruling stepped outside halachic framework", JTS News, December 10, 2006

References

{{reflist Jewish ethical law Hebrew words and phrases in Jewish law