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Keeping Out of Unethical Business


Question:

I found out that my business partner is planning on doing something that is possibly illegal, but in a way that avoids creating any liability for himself. Am I allowed to continue the partnership?

Answer:

The laws of ethical business practice are complex, depend on many detailed variables, and ultimately require the assistance of a specially qualified rabbi to be properly navigated.

To get you started, though, here are some general points to consider:

The Torah prohibits a Jew from "placing a stumbling block before the blind." Our tradition generalizes this prohibition to include anyone who's on a bad track. In other words: If someone's on his way to stumble in sin, don't be the guy who put the stumbling block there. According to the strict letter of the law, this principle doesn't apply in cases where the other person can perform the sin unassisted.

Nevertheless, the sages added a safeguard called "strengthening the hand of sinners." Now, even in a case where the other person could have sinned without our help, we are forbidden from providing materials or other assistance when we know it will be used for a sinful purpose. We are not allowed to provide weapons to dangerous people, for example, even though we know they can get the same elsewhere.

You need to consider whether that applies in your case. Is your partnership with this person assisting him to do something unethical? Since it's hard to be objective, that's another good reason to discuss with an experienced rabbi.

And here's another angle to consider: The Torah tells us not to invite suspicions on ourselves simply because of "the desecration of the name of Heaven." In other words: Jew = G‑d's representative in this world; Jew acts fishy = reflects poorly on G‑d. Truly, it is the job of every human being to go about their business with respect for G-d and humankind. A Jew is meant to set an example - certainly not to be suspected of the opposite.

Think for a minute: What is a Jew doing in business anyways? If we are to be a "holy nation," what on earth are we doing out there in the market? We should stay in the synagogue and the yeshiva and be holy there. But no, the purpose of a Jew is to bring holiness into the mundane and to discover G-dly wisdom and spirituality there, creating true value in the world. In truth, the whole point of your business is not to make money - there are many other ways G-d could provide that. The whole point of your business is to "sanctify G-d's name."

Knowing what business is truly about is good for business too. Think of your business as a giant cup - the receptacle into which G‑d pours blessings of livelihood and sustenance. Just like we wash out or wipe clean our kiddush cup before pouring in the wine on Friday night, so, too, we need to make sure our business is clean of any abuse of our fellow man and his property in order to receive G‑d's blessings in full.

While I hope you are in touch with a local rabbi qualified to handle the intricacies of such questions, I'm happy to help you find one should you need. Best wishes for tremendous profits in living your life as a holy business, may that provide you great success, materially and spiritually.

Sources:
Leviticus 19:14; Talmud Avodah Zarah 6b and Yoma 86a; Sifri to Deuteronomy 15:18; Tosfot to Talmud Shabbat 3a, “BeBah”; Rambam, Hilchot Yesodei HaTorah 5:11; Igrot Moshe, Yoreh De’ah 1:72.
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By Tzvi Freeman   More articles...  |   RSS Listing of Newest Articles by this Author
Rabbi Tzvi Freeman heads Chabad.org's Ask The Rabbi team, and is a senior member of the Chabad.org editorial team. He is the author of Bringing Heaven Down to Earth. To subscribe to regular updates of Rabbi Freeman's writing, visit Freeman Files subscription.
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Reader Comments
Latest Comments:
Posted: Aug 1, 2010
The wrong question
Thank you Linda, I was trying to make the same point.

To InMaine, from Portland, the point in my response was this person knew what was right, yet as Linda put it was seeking a Rabbi to give them some kind of loophole to avoid doing what they knew to be the right action to take.
My whole point was we should be consulting G-D in these matters and seeking his directions. My second point was this person would rather seek a Rabbi, then spend time with G-D in his word and seek his answer. The Torah gives those directions if we just would take the time to read it and seek G-D's directions. Instead we take the easy way out and look for loopholes even when we know what is right in our HEART.
As humans we endure G-D's anger because we are constanly seeking those loopholes in avoiding what we know is against G-D's directions for us.
Posted By Brian Brody, Sherman, TX

Posted: July 31, 2010
The wrong question
"Am I allowed to continue the partnership?' Shouldn't you be asking "What should I do about this?" You describe the plan as "possibly illegal". Why? Because it is dishonest? Unfair? Hurts people? Come on! You don't need to consult either a lawyer or an expert in the intricacies of Jewish law to know if something is wrong. We all have a spark of G-d in us. Often it acts as our conscience. You know your partner's plan is wrong otherwise you wouldn't be asking. So.. you should be talking to him/her about why it's wrong and why s/he shouldn't do it instead of asking a rabbi for a loophole!
Posted By Linda, Cincinnati, OH

Posted: July 30, 2010
Stumbling Block
Thank you very much, especially for the wonderful metapbor of the empty cup which we can keep clean in anticipation of blessings and a means of livelihood.

Thoughts on some of the other comments: RE Anonymous who feels put upon to make a minyan and projects this negative outlook on other customers of the business: prayer is good for business and most people know this - it promotes awareness that business people and their clients are, in essence, attending to higher things than business.
Second to Mr. Brody of Texas: written laws of the land sometimes do not represent good ethics but rather contain loopholes and other aspects wherein the "spirit of the law" is absent. In real estate law for example there are many instances in which an agent is not required to remove stumbling blocks set out for the parties who are not his client. In healthcare the disclosure laws do not remove all stumbling blocks either. We must begin with ethics and Jewish morals first, and consult laws second
Posted By InMaine, Portland, ME



 


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