Tuesday, June 7, 2011

The BP Oil Spill, Personal Responsibility and Jewish Law

The following is an excerpt from an Op-Ed written by Rabbi Shmuly Yanklowitz the Senior Jewish Educator at UCLA. While there are some terms that may seem strange, the basic idea is most important to the development of safety and preservation of a business.


The Jewish concept relating to a case of mass public damage is “harkhakat nezikin” – the requirement that one not partake in any activities that might cause damage to other people or their property. A primary argument that emerges from the halakhic commentators (Shulkhan Arukh 155:33) is whether one is culpable when he or she indirectly causes a single accident (gerama) after following the correct safety procedures in the same way that one who continuously causes direct damage is liable.

Religion, at its worst, can be used to eliminate human agency and responsibility. Texas Governor Rick Perry invoked a morally deficient appeal to religious language last month when he called the Gulf oil spill “an act of G-d.” While we can debate G-d’s presence in the world, we need not debate the issue of human responsibility and culpability.

A primary charge of the Jewish social justice tradition is the demand that we learn both how to limit our damage and how to hold ourselves and others who cause damage accountable. Religious life, lived at its best, shapes a discourse of public responsibility and calls on us to pay close attention to public policy as well as our everyday spills.

Prior to our question of maximizing the good, we must be concerned with avoiding harm. “Sur mei’rah v’aseh tov” – the Jewish antidote is to turn from evil and then do good. This is what the philosopher W.D. Ross in his “pluralistic deontology” calls a “duty of beneficence” (to help others) and a “duty of non-maleficence” (to avoid harming others). These duties to prevent indirect damage are also present in everyday activities that we might not contextualize as being moral issues.

The Talmud (Shabbat 54b) teaches that anyone who can protest a wrong in one’s home, one’s city, or in the world and does not do so is held accountable for that wrong as well.

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