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The Jewish Ethicist: Suspect Suspicions

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May 9, 2009 | by Rabbi Dr. Asher Meir, Business Ethics Center of Jerusalem

Should I tell the teacher about a suspected thief?

Q. I'm almost sure that a certain person stole from a classmate. Should I
tell the teacher?

A. Our last column on snitching received many interesting responses from
readers. (See: EXAM SCAM.) Many were surprised at the ultra-cautious
attitude Jewish tradition adopts towards informing on others. Your question
will give us another opportunity to show how we apply the special five
criteria we outlined there the "ABC's" of badmouthing others. But this
time, we'll try and provide a little more explanation of the ethical
importance of the old saw, "If you can't say anything nice about someone,
don't say anything at all."

There are three basic reasons we have to be extra careful before we make
accusations:

  • The most obvious reason is that most of us have a vindictive
    instinct which can be carelessly unleashed unless we take great pains to
    control it. Maybe what we want to see isn't really the total objective
    truth after all. But even after we examine our facts and our motives and
    find that they are sound, we have other reasons to be careful.

  • The second reason is that even if your information is sound and
    appropriate, other people are not so careful. We must err on the cautious
    side to avoid creating a culture of mutual suspicion and slander, and that
    means that sometimes it's necessary to keep quiet even when we have
    something accurate and beneficial to relate.

  • The third reason is based on a basic insight into human nature: our
    behavior is not only by incentives but perhaps even more by expectations.
    There is nothing novel about this insight; it's even enshrined in the Bill
    of Rights, which forbids "cruel and unusual punishment". The Founding
    Fathers recognized that such punishment, far from deterring crime by
    providing frightful consequences, is likely to encourage it by reducing our
    basic human sensitivity, which is the ultimate guarantor of a humane society.

Likewise, when we are prompt to inform on others and make sure they are
punished, it is true that we are giving incentives to act properly. But in
a sense we are walking around with a chip on our shoulders, almost daring
people to evade punishment. If on the contrary we attempt to look the other
way, we are sending a message that wrongdoing is something unusual,
something we don't expect and don't consider overly important. Ironically,
when someone's misdeeds are kept quiet, it is easier for the wrongdoer to
repent and straighten out.

If you succumbed to temptation and cheated on a test, you would probably
resolve never to do it again and hope you never got caught; you should
consider giving others the same treatment. (Of course another thing you
should do is make sure you don't garner any advantage from you dishonest act.)

Now let's get back to the five basic guidelines provided by the classic
work Chafetz Chaim by Rabbi Yisrael Meir HaCohen of Radin. Again, only if
all five are met may we speak negatively of someone:

ACCURACY: it is forbidden to exaggerate or embellish.

BENEFIT: revelation must be the only way to way to obtain some constructive
benefit.

CERTAINTY: we must be sure the information is reliable.

DESIRE: the teller's intention must be constructive, not vindictive.

EQUITY: the revelation must not cause undeserved damage to the subject.
It's not equitable to protect one person at the expense of another.

In your case, we would apply these criteria as follows:

ACCURACY, CERTAINTY: Since you are not sure that the person stole, you must
be careful not to make your knowledge sound more certain than it really is.
If you do decide to inform, you must clearly state that you have only
circumstantial evidence.

BENEFIT: Is telling the teacher, or the victim, likely to help the person
recover the stolen object? If not, then informing is of doubtful benefit.

DESIRE: Make sure your intention is to help the victim, not to harm the
wrongdoer.

EQUITY: If the teacher, or the victimized classmate, will act in an
undeservedly harsh way against the suspect, then you shouldn't tell.
Example: if they will consider it a certainty that he stole when there is
only a suspicion, or if they will impose an unduly harsh punishment on him
if the story is corroborated.

If all these criteria are fulfilled, it is not only permissible but even
desirable to transmit the information you have. But if you're not sure
they're fulfilled, then you should just live with your doubts. It's better
one crook should go unpunished than that you should unwittingly contribute
to an environment of suspicion and mistrust.

SOURCES: Chafetz Chaim section I:10, II:10.

Send your queries about ethics in the workplace to jewishethicist@aish.com

The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Center for Business Ethics, Jerusalem College of Technology. To find out more about business ethics and Jewish values for the workplace, visit the JCT Center for Business Ethics website at www.besr.org.

JCT Center For Business Ethics

Copyright © JCT Center for Business Ethics.



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