Instinctual versus acquired ethical knowledge and the irreducible rights and respect for the individual in society: two concepts of “yashrus” by Rabbi Meir Triebitz
This book is an extensive collection of sources covering all aspects of child abuse as it affects the traditional Jewish community. They range from medical and psychological issues to halachic and theological ones. It presents us with an impressive, almost overwhelming array of facts which open up an entire world which heretofore has remained hidden and obscured to most except to those individuals who have unfortunately been forced to confront its horrible realities.
However the real story told by this book lies behinds its many facts. It is the story of a community which is more and more being forced to confront its very own ethical reality. The ever increasing revelations of ethical and moral degeneracy seem to have brought about more confusion then resolve. This confusion is furthermore compounded when theological-legal arguments and excuses run contrary to commonsense logic and ethics. More and more people are increasingly feeling the tension of choosing between what they are told is right and what they instinctively believe to be true, or by being forced to choose between the prestige of institutions and the most basic respect for the individual.
The legitimacy of ethical commonsense and the irreducible respect for the rights of the individual is not an import from secular culture but is, in fact, a Torah concept itself whose origin is in Scripture and whose implications and consequences abound not only in the areas of Aggadata but also, if not primarily, in the realm of Halakha. It is to be found in Chazal, the classical commentaries, and in the Shulchan Aruch, the Jewish code of law. The common name given to both of the above concepts is yashrus. The very fact that two seemingly unrelated concepts are referred to by the same name is a clear indication of a deep relationship between the two which we will explore later. For the moment we will first introduce them. The first appears in a verse in Deuteronomy and is discussed in the Sifre. [...]