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Humiliation and Murder: A Literal Comparison?
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Humiliation of others is both a uniquely severe interpersonal prohibition and a particularly challenging aspect of Jewish law. The Talmud's primary prooftext for the severity of this transgression is drawn from Parashat Vayeshev: the dramatic episode of Tamar and Yehudah, in which Tamar chooses to face execution rather than publicly humiliate her father-in-law. From this narrative, the Talmud derives that "it is preferable for a person to throw himself into a fiery furnace rather than humiliate another in public" (Bava Metzia 59a, and elsewhere). The comparison between humiliation and homicide that emerges from this teaching is an ongoing source of vexation in the literature, stretching from the rishonim into contemporary writers. On the one hand, a number of Talmudic passages certainly seem to draw an absolute equivalence, while others imply as much through statements that attribute tragedies such as the destruction of the Temple to public humiliation ((see Gittin 57a, the story of Kamtza and Bar Kamtza; Yoma 80a; Avot 5:9; and see R. Reuven Grozovsky, cited in B’Netivot HaHalakhah, L, p. 69).
On the other hand, the implications of such a parallel are shocking as a matter of practice and seem questionable on logical grounds.
The latter view is most explicitly stated among the medieval authorities by R. Menachem HaMeiri, who in a number of places in his Talmudic commentary indicates that the comparison is meant only for rhetorical purposes. Surprisingly, there are some contemporary writers who have argued for a reinterpretation of his words in a stringent direction, although this is difficult to sustain.
The nature of analogy in general, and Talmudic analogy in specific, may be relevant here. Douglas Hofstadter and Emmanuel Sander, in their book Surfaces and Essences (ch. 6), discuss the concept of the "Caricature Analogy," which is a "new situation that differs greatly from the original one, at least on the surface, but which, at a deeper level, is 'exactly the same thing', and which has aspects that cannot help nudging the listener towards the conclusion desired by the speaker. Such a process is generally triggered when one is desirous of sharing a strong personal reaction, such as indignation, to a situation. Often one fears that a direct and straightforward recounting of the situation itself will be too bland to get anyone else to feel one's intense sense of indignation."
However, even if this is the correct label for this analogy, it would not settle the issue. Either the comparison is being used in order to shock the reader with the impact of the transgression, even if the consequences are not literal; or, they are in fact literal, due to the weight of that very comparison.
Amongst the rishonim, the most explicit authority that considers the comparison to be literal is Rabbenu Yonah (Sha’arei Teshuvah 3, #136–139), who grounds the position in the understanding that humiliation is a subset of murder. A literal comparison also appears to be the conclusion of Tosafot (Sotah 10b. sv. noach), who sought an explanation as to why humiliation was not explicitly listed among the transgressions requiring martyrdom. The cryptic response offered is that the prohibition is not mefurash, or explicit.
The actual meaning of this Tosafot has been the subject of extensive analysis. Many later works take it as a given that their opinion is that martyrdom is indeed required as a practical matter, primarily from the fact they did not provide the most available answer: humiliation is not listed because it is in fact not actually subject to martyrdom. However, the second most understandable answer is also not given: as an aspect of murder, humiliation need not be listed separately, given that murder already is listed.
The Maharsham (Responsa Vol. III, 206) took it as a given that Tosafot subscribed to both points—that humiliating another requires martyrdom in order to be avoided and that this is because it is a subset of murder. Other prominent authorities did understand Tosafot to be requiring martyrdom but noted the difficulty in the omission of the murder inclusion that Rabbenu Yonah had stated (See Chiddushei HaGriz to Sotah and Responsa Binyan Tziyon, # 172). The Netziv, in his Talmudic commentary Meromei Sadeh, suggests that Tosafot took this position because their general position, expressed elsewhere (Avodah Zarah 27b), is that prohibitions ancillary to martyrdom-level prohibitions do not themselves require martyrdom. However, it is unclear what the Netziv considers to be the practical conclusion of Tosafot—whether it therefore does not require martyrdom, or that the requirement needed to be explained differently.
Others found the Tosafot simply baffling: the Sefat Emet (Likkutim to Sotah in the 5728 Edition) wrote that it was "astonishing in his eyes," and a footnote there records that "the Meiri wrote that this is not the halakhah." The Aderet, in a letter (published in Published in the journal Har HaMor, gilyon 7, p. 23), wrote that the Maharil Diskin was asked about the humiliation-murder comparison and responded that it is inconceivable that it is literal, as there is no actual proportionality. He was then shown the Tosafot and was shocked that it had escaped his notice, but he nonetheless did not change his position.
Independent of the question of the interpretation of Tosafot is the question of the impact of their position on practical law, both in relation to positions taken in the formal codes and also to the question of whether Tosafot is writing as a practical authority rather than as a textual commentary, in this context and in general.
Whether because of the influence of Tosafot as literally understood or because of the implications of the Talmudic passages, a number of rabbinic authors did indeed conclude that humiliation and murder were to be equated for practical purposes. Prominently, R. Yaakov Etlinger, in his Responsa Binyan Tziyon (No. 172), rules that one may not embarrass another even when his own life is at risk. However, this is not because he considered the humiliation-murder comparison to be literal. He is explicit that he does not believe this to be true and that the Talmud often makes hyperbolic statements. Rather, his position is premised on the belief that there are limits to how far you can impinge upon another person to save yourself. (In the same discussion, he also prohibits stealing from others for life-saving purposes, a distinct minority position.) (See also R. Shlomo Cynamon, Eish Tamid, Genesis pp. 273–276.)
Many later authorities argued against requiring martyrdom for humiliation, either because they did not see the comparison as literal or because they felt that to be the majority position amongst authorities. Further, glaring objections remained, both conceptually and textually.
Compounding the challenge are the difficulties in the biblical narrative, exacerbated by the Talmudic endorsement. How is it understandable that Tamar would have been barred from acting in her own defense? Especially as Yehudah himself was unjustly orchestrating her execution; did that not make him a rodef, a pursuer, whom she would have been entitled not only to embarrass but to literally kill? Further, how could she even be permitted to sacrifice herself, and her two unborn children?
Then, there are the conceptual problems with the comparison: Death is permanent, while humiliation generally is not. Averting homicide preserves a human life and thus justifies extreme measures; averting humiliation generally does not. Various suggestions are offered inconclusively: perhaps, just like murder is viewed formalistically and a terminally ill elderly person is not sacrificed for a young healthy person, so too we do not draw distinctions here; maybe the rule of martyrdom for murder is a Sinaitic tradition and not premised on trading a life for another. (See Kessef Mishneh, Hil. Yesodei HaTorah 5:5; Iyunei HaMitzvot, n. 122; R. Shlomo Yisrael Freshvasser, Siftei Shlomo, Gen. 31; R. Moshe Yechezkel Shlomowitz, Shalmei Yechezkel al HaTorah, 18; Chiddushei R. Reuven, Yevamot, 32).
Further: If humiliating others is truly like murder, how can it ever be permitted—for example, when necessary for preventing (non-lethal) misbehavior? Some tend in a direction similar to the Binyan Tziyon, that self-sacrifice is required not because humiliation is literally like murder but because there are limits as to what one can do at another's expense, even to save one's own life. This path does allow for a bifurcated approach, explaining why, for example, as R. Shlomo Zalman Auerbach had asked, violating the Shabbat shouldn't be permitted to prevent embarrassment, even if one may not embarrass another even when one's life is at risk; or, similarly, no one would think they could kill someone who was coming to embarrass them.
With the accumulated weight of all of these questions, many did assume for practical purposes that embarrassment does not require, or even allow for, martyrdom. The Torah Temimah (Gen. 38:25) asserted that the language of noach, "it is preferable to…" rather than "one is obligated to [sacrifice his life]" is a way of conveying that there is a character issue involved but not that this is normative, or even that one who acted thusly would be termed a rasha, or "wicked" (and on this last point, see R. Moshe J. Feldman, Meshivat Nefesh to the Torah Temimah). A similar conclusion is reached by R. Tzvi Binyamin Auerbach in a lengthy comment in his Nachal Eshkol to the Sefer HaEshkol (Vol. II, milah, pp. 117–119).
R. Tuviah Goldstein (Responsa Emek Halakhah, I, 47), following a thorough analysis, concludes that especially given the significant detail that no martyrdom requirement is codified by Rambam or the Shulchan Arukh, it would be very difficult to follow the Binyan Tziyon's position in requiring martyrdom. This was also expressed earlier by R. Simchah Bamberger (1832–1897; Responsa Zekher Simchah, 158), who did acknowledge that the Rosh and the Rif recorded it; there must be, he conceded, some "deep meaning" (kavanah amukah) to the comparison—nonetheless, one would be prohibited to sacrifice one's life for this end.
Some authors suggest that perhaps the major codes omitted a martyrdom requirement because they interpreted the Talmudic passage differently, following a minority view that the "fire" referred to was not for the execution of Tamar but rather to brand her, apparently a common practice in those days and non-lethal. However, this seems inconsistent with all other indications.
Another approach is put forward by R. Meir Simchah HaKohen of Dvinsk, in his Meshekh Chokhmah(Gen. 38:25). He assumes that Tamar's decision represented her personal appreciation of the emotional pain of humiliation and her choice to prioritize that. This was a choice one could make only before the Torah was given; after that point, Judaism is guided by formal laws that do not allow one to risk one's life unless specifically mandated to do so. Similarly, R. Chaim Shmuelevitz maintained in his Sichot Mussar that prior to the giving of the Torah, it was acceptable to make decisions based on the result, and the point of the story is that one should feel that this would be the best result (see also R. Ze’ev Charlop, Siach Ze’ev al HaTorah, pp. 48–49; and see also R. Baruch Gedaliah Sanders, Pri Barukh al HaTorah, #54, and R. Chaim Simcha Gibber, Gevurot Chaim, #18). However, this presents the question of why the Talmud records her case, as if it has normative relevance.
Addressing this question may require a closer look at the humiliation-murder comparison. Perhaps it is, indeed, the case, as these latter authorities maintain, that the comparison cannot be considered actually literal for practical purposes. However, it is not pure hyperbole either. To associate humiliation with death is not simply to exaggerate the discomfort that is associated with it, but it is to acknowledge that at a minimum there is some real-world correlation between the two, and that should not be ignored.
This correlation is a genuine one and applies in two directions. One, tragically, throughout history, individuals have harmed themselves rather than face or continue to suffer humiliation. Second, individuals who have been humiliated have chosen to react to their situation by directing lethal force onto others, whether or not their victims have played any part in their humiliation.
The word "mortified" comes from the Latin mortis meaning "dead" and facere meaning "to make," and the etymology is not a casual one. As one author notes (Tamler Sommers, Why Honor Matters, New York, 2018, pp. 78–79), "our vulnerability to mortification changes over time but never fully subsides… Social exclusion, and often an effect of bullying, is the major risk factor in teen suicide, which itself is the leading cause of teenage death… adults who 'lose face,' or see their social identity destroyed, may also view suicide as the only possible resolution to their shame. Living without esteem seems impossible, because esteem shaped their identity, and without it they are no one, or nothing."
Yuval Noah Harari (Nexus: A Brief History of Information Networks from the Stone Age to AI, New York, 2024, p. 139) writes: "In most societies people have always feared losing face even more than they have feared losing money. Many more people commit suicide due to shame and guilt than due to economic distress. Even when people kill themselves after being fired from their job or after their business goes bankrupt, they are usually pushed over the edge by the social humiliation involved rather than by the economic hardship per se."
The British author and journalist Will Storr (The Status Game: On Human Life and How to Play It, 2021, pp. 175, 178–179, 176) reports that "lack of status is a known common driver of suicide" and, "tellingly, it's sudden movements down the game that can be the most dangerous… suicide concentrates among those who experience an increase in their social inferiority… the greater and faster the downward mobility, the more likely it is to trigger suicide." He also quotes a study which found that maintaining a moral reputation is one of people's most important values and that high percentages of "normal" people reported preferring jail time, amputation of limbs, and death to various forms of reputational damage.
The above, which reflects academic confirmation of what is widely known anecdotally, does not at all mean that all humiliation is actually equivalent to murder or should be treated as such. It certainly wouldn't mean, for example, that it would be logical to sacrifice one's life to avoid humiliating another; even if there is any possibility of the embarrassment causing death, it is an indefinite (and presumably remote) one, and the halakhic rule of ein safek motzi miydei vadai—an indefinite circumstance does not overrule a definite one—would govern. It does mean, on the other hand, that the association between them is not completely trivial and that it should be appreciated that one who would casually embarrass another is "playing with fire."
The above refers to psychological realities. From more philosophical perspectives, there are additional connections drawn between human dignity and the basic necessities of existence. The Rashbetz, in his commentary Magen Avot to Pirkei Avot (ch. 3), explains the mishnah's statement that one who humiliates others has no portion in the world to come by quoting the "wise men of medicine" who teach that shame is one of the primary motivational forces of life. One who is killed physically dies on the spot, but one who is humiliated must endure without his motivation to live, while the one who inflicted this upon him will have no appreciation for the damage that he did and see no need to repent. Similarly, R. Samson Raphael Hirsch wrote in Chorev (3:52) that one's dignity is one of his last motivations to care and change for the better.
R. Yosef Shaul Nathanson, in his Responsa Shoel U'Meishiv (Mahadura Tinyana, IV,69), expresses a related idea in discussing the severity of breaking an engagement, which in his day was a particularly embarrassing occurrence. Normally, the rule is that one who embarrasses another is not subject to financial restitution. However, he maintains, in the case of a broken engagement, the experience impacts the "rational soul"; quoting from earlier sources that the mind is linked to the ability to feel shame and that sense of dignity is what keeps one from sinning. As others have noted, the potential to feel shame can be correlated to basic cognitive ability.
Prof. Avraham Weingort (In the journal Sha’arei Tzedek, XXI, p. 234) explains the distinction in liability by noting that compensation is generally extracted for that which detracts from the bodily integrity of a person, and normally verbally inflicted embarrassment does not rise to this level. However, there can be a humiliation that is so thorough that it indeed compromises one's basic functionality; this is what the Shoel U'Meishiv is describing.
There is another Talmudic passage, which links to the one discussing Tamar and Yehudah, which in some ways has troubled commentators even more. It tells the story of Mar Ukva and his wife, who made charitable donations to a needy individual and attempted to do so without his knowing so as not to cause him any embarrassment. Nonetheless, the recipient tried to discover the identities of his mysterious benefactors. As he ran out to meet them, Mar Ukva and his wife ran away to avoid the confrontation, hiding in an oven that had not totally cooled down, causing some singeing to the feet of Mar Ukva. The suggestion is that this is another appropriate application of that same idea that it is worth "entering into a fire furnace, rather than embarrassing another in public," despite the fact that the possible victim was actively seeking out his own "embarrassment."
The Ritva understands the purpose of the story is simply to stress the severity of embarrassing others. Later commentaries note that the situation was not one of actual threat to life. Prof. Weingort sees this story as making a different point: protecting the recipient's self-respect, regardless of his own desires, is a recognition of the tzelem Elokim, the image of God, that is the source of all human dignity. This human dignity may not be something the individual can decide to forgive, making his welcoming of any public humiliation irrelevant to the question of whether it is ever permitted.
The weight of this discussion reminds us that the Talmud's dramatic language about humiliation is neither pure hyperbole nor a simple equation. It is an urgent call to recognize that our words and actions carry consequences far beyond what we might casually assume—consequences that touch upon the very essence of human dignity and, in some cases, upon life itself.
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