Tzedakah: Aspiring to a Higher Ethic
a number of reasons, including monetary gain or self-interest....” As we have also seen, one who acts lifnim mishurat hadin invariably gives up something, whether tangible property or intangible benefit, for the sake of another. Often this loss is financial In other cases, it is a matter of... foregoing honor More to the point, the personal sacrifice that invariably
accompanies an act of this sort 1s an expression of compassion or generosity.
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The central discussion about /ifnim mishurat hadin concerns whether an act deemed to be lifnim mishurat hadin is one that should be considered as an act of“extreme piety or supererogation,” or an act to which one is actually halakhically obligated, or—a middle position - an act that represents a moral duty. Though this debate is interesting, it is not directly germane to our current purposes. What is significant, though, is Newman’s explanation that /ifnim mishurat hadin, whether invoked as an act of worthy piety, legal requirement or moral expectation, is designed to direct individuals towards abstaining from taking a benefit that is available to them“out of a concern for the other party, who would be harmed or disadvantaged if the right were exercised.” Lifnim mishurat hadin, then, has the effect of urging, or perhaps requiring, individuals to strive toward the highest possible ethical ideal in the name of others, even if it means renouncing a legally permitted potential gain.
There is no arguing that the current din, the law, of 1zedakah allows for the honoring of the wealthy in whatever fashion might be thought suitable for a particular campaign. Were this not the case, the honoring phenomenon would not be acceptable across the halakhic spectrum as it plainly is. Perhaps, though, it is time to challenge Jewish communities to aspire to a higher tzedakah ethos. Perhaps the moment has arrived to urge individuals and institutions to give lzedakah lifnim mishurat hadin, in a manner that goes beyond what the law requires and stresses compassion, generosity of spirit, societal welfare, and justice in a way that contemporary norms ignore.
Of course, there will be staunch opposition to such a proposal. The fund-raisers and campaign strategists will no doubt forecast