Kavod Habriot: Human Dignity

K avod habriot is a term meaning “human dignity” and it occupies a prominent place in the halachic decision-making process.(1) In many situations a rabbinical halacha will be waived when there is a question of kavod habriot at stake. (2) For example, although a Kohen is forbidden to be in the presence of the dead,(3) he is permitted (required!) to bury a met mitzva , a dead body that is found abandoned, due to kavod habriot. A Kohen is also permitted to defile himself in certain circumstances in order to greet a king due to kavod habriot .(4)

Here are some examples of halachic decisions relating to kavod habriot.

1. A soldier who was scared to serve in the army in Biblical times was permitted to lie and say that he had recently built a house or planted a vineyard, in order to receive the exemption he sought. (5)

2. One who is hard of hearing to wear a hearing aid on Shabbat due partly to kavod habriot considerations.

3. Although it is forbidden to scrape mud off of one’s shoes or clothes on Shabbat, a non-Jew may be asked to do so if kavod habriot is at stake. (6)

4. In certain situations, a ba’al koreh should not be corrected if he makes a 'minor mistake' (that doesn't invalidate the reading) in the Torah reading, as doing so might embarrass him. (7)

5. Although one is generally not permitted to recite any prayers when one is experiencing the urge to relieve oneself, if a ba’al koreh , chazzan , or anyone else leading a service of any kind develops an urge to relieve himself, he is permitted to carry on with the service. This is because it would be embarrassing for him to force the congregation to wait for him while he relieves himself. (8)

Kavod habriot also refers to the manner in which we relate to and interact with others. We are taught that it was due to a disregard for the feelings of others that the Beit Hamikdash was destroyed. (9) One must also treat non-Jews with honor. (10) Even a thief is entitled to the benefits of kavod habriot . For example, a thief who was caught stealing while in an embarrassing or compromising position may be eligible to receive a lighter sentence in consideration of the embarrassment he suffered while sinning. (11)

The Midrash tells the story of a Roman who was shipwrecked and left naked and helpless. The Roman pleaded with Rav Elazar Ben Shamua to help him, and Rav Elazar did so in the name of kavod habriot . He provided the man with clothing, food, money, and helped him get back home. Sometime later, this Roman became the emperor and issued a decree of annihilation against the Jews. He later rescinded the decree when he remembered the kindness of Rav Elazar ben Shamua. As such, it can be suggested, that it was in the merit of the mitzva of kavod habriot that the Jewish people were saved from destruction. (12)

1 Berachot 19b; Shabbat 81b, 94b; Eruvin 41b; Megilla 3b; Menachot 37b. See for example Rambam, Hilchot Sanhedrin 24:10; Teshuvot Harashba 5:238.

2 Rambam, Hilchot Shabbat 26:23. See Berachot 19b for numerous examples. See also Yerushalmi Berachot 3:1.

3 Vayikra 21:1.

4 Berachot 19b.

5 Sota 44a.

6  Mishna Berura 302:36; Sha’ar Hatziun 302:44.

7  Tur , OC 142.

8  Mishna Berura 92:7; Biur Halacha 92:1.

9 Gittin 57a.

10 Sefer Chassidim 358.

11 Bava Kama 79b.

12 Kohelet Rabba 11:12.