The Reach of Jewish Business Ethics by Rabbi Dr. Aaron Levine
Jewish business ethics presents two distinct challenges for the modern marketplace.
One challenge is to be sensitized to moral issues amidst the dazzle of sophisticated technologies and the distraction created by blurred lines of responsibilities inherent in modern organizational forms. The second is to develop Talmudic moral principles on a more nuanced level in order to optimally frame and analyze the multi-faceted and multi-dimensional moral issues of the modern marketplace.
Most basically, a torah guide for business people in the modern marketplace must be rooted in Judaism’s ancient codes of law and in Jewish law’s responsa literature. These sources are the foundation materials for authors of halachic anthologies on Jewish business ethics. Indeed, it is from these ancient sources that the careful researcher can extrapolate halachic perspectives for ethical dilemmas in the setting of the stock market, flesh out the implications of the good faith imperative and the fiduciary duty, and draw the line between tax avoidance and tax evasion.
Jewish law is no less a code for Jewish living and social interaction. It therefore often prescribes conduct that goes beyond the requirements of secular law and what prudence permits and insists upon conduct that manifests darchei noam ( lit. ways of sweetness) and conduct does not violate the law against lashon hara (making an evil but true report).
The sophistication of Jewish business ethics manifests itself in how it resolves conflicts between the prohibition against lashon hara and the duty to make an evil, but true report in order to extricate a fellow from a loss or danger.
Judaism’s ethical perspectives for business people apply not only to Jewish commerce, but also to the duties of Jews to non-Jews. In some instances, infraction of a principle in Jewish business ethics is looked upon much more severally when it is inflicted on a non-Jew. Coming into play here is the principle of dina d’malkhuta dina, i.e. the law of the land is law and the duty to avoid conduct that profanes God’s name. Most importantly, Jewish law demands of the Jew the affirmative duty to sanctify God’s name by means of admirable and uplifting conduct in the marketplace.
The ambit of Jewish business ethics goes beyond providing guideposts for commercial conundrums of the market place.
It is also concerned with public policy issues. These issues include the regulation of advertising, privacy invasion, whistleblowing, insider trading, public policy for post-employment covenants not to compete, the social welfare role for government and the role for government in education. Finally, the Jewish law prescribes a role for government in stabilization policy and how this function in specific terms relates to the current global recession.
I recommend the reader to consult Dr. Meir Tamar’s books, and the work of Rabbi Dr. Asher Meir at the Jerusalem based Jewish business ethics center, particularly his internet column ”the Jewish Ethicist.”
The interested reader can find in depth treatment of Jewish business ethics and many other contemporary ethical dilemmas in my work Moral Issues of the Marketplace in Jewish Law.
