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12 - Gadol kevod ha-beriot: the law and regard for human dignity

Published online by Cambridge University Press:  06 January 2010

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Summary

The sugya is Berakhot 19b-20a. The term gadol kevod ha-beriot, lit. ‘great is the dignity of human beings’, occurs in the sugya and is the central point of the whole discussion. The problem considered is, under which circumstances can there be a relaxation of the law where the purpose is to safeguard human dignity?

The sugya opens with a statement by the early-third-century Babylonian Amora, R. Judah, in the name of his master, Rav: ‘If one finds kilayim (a mixture of wool and flax, Leviticus 19: 19) in his garment, it must be stripped off even in the market place.’ The reason is: because Scripture says: ‘there is no wisdom nor understanding nor counsel against the Lord’ (Proverbs 21: 30), which means: ‘Wherever there is a profanation of God's name no respect is to be paid to a teacher’, i.e. where regard for the dignity of a teacher, and a fortiori an ordinary person, is in conflict with the requirements of the law, it is the former that must yield.

An objection is raised from a Baraita dealing with a mourner and the congregation which accompanies him on the return from a funeral. If the mourner decides to return by way of an unclean path, i.e. a path that crosses a field in which there are graves, the congregation should follow him in that path out of respect for him (i.e. even if some of them are priests who are forbidden to become contaminated by a corpse or a grave (Leviticus 21: 1)). Thus we see that a prohibition is set aside out of regard for human dignity and thus contradicts Rav's ruling.

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The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 115 - 121
Publisher: Cambridge University Press
Print publication year: 1984

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