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Rabbi Shmuel Herzfeld

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Mitt Romney's Pranks And Jewish Law

Posted: 05/20/2012 8:17 am

Recent news stories have accused Mitt Romney of engaging in hurtful pranks while he was in High School--such as cutting the hair of a fellow student against his will. Many of us would not want our old High School behavior to be dissected in public and I know I certainly wouldn't. But I want to focus on Romney's response to these attacks, not because I think his response should have any impact on whether or not one chooses to vote for him, but because we all as a society can improve in this area.

Romney has responded to these attacks by saying "I participated in a lot of high jinks and pranks during high school, and some may have gone too far. And for that I apologize."

Ann Romney has in the past spoken warmly and positively about her husband's fun loving pranks. In a video tribute to him she warmly says: "There were a lot of pranks, a lot of pranks."

If a husband and wife want to engage in pranks on each other as a form of romantic love then that is between the two of them. But for the rest of us the whole issue of pranking someone else which is now becoming more and more popular in our society raises a larger religious question: whether or not in general it is permitted to momentarily hurt someone for the sake of a good laugh.

Are practical jokes or pranks on an unsuspecting person permitted according to Jewish law? What about teasing someone or calling them by a nickname? While they might be funny and get a few momentary laughs, the clear answer is that they are not permitted.

The prohibition originates from a verse in Leviticus (25:17) which states: "One shall not aggrieve his friend." The Babylonian Talmud (tractate Bava Metzia 58b) interprets this to mean that one cannot cause pain to someone as a result of their actions, even if we would think that that pain is minimal. The great medieval commentator on the Torah, Rashi, comments that this verse means that one cannot tease their friend.

The Talmud expands on this prohibition and includes in it any behavior whereby your words or actions cause even momentary hurt and minimal pain. Thus, the examples of prohibited behavior in the Talmud even include presenting oneself to a shopkeeper as though you are interested in purchasing an item when you really have no interest. Another example of prohibited behavior is reminding someone of their previous sins even years after they have repented.

The Talmud lists three people who are considered especially egregious sinners. One of those people is someone who calls another person by a derogatory nickname even if the other person is used to that name and apparently does not mind. Such is the enormous sensitivity we must have for the feelings of others.

But the codes of Jewish law take this law one step further.
According to the Shulchan Aruch (Choshen Mishpat 420: 32) even causing someone temporary fright by playing a joke upon them and jumping out at them from the dark is a violation of this law. Hurting someone and causing emotional pain even for a good joke is prohibited.
American law now recognizes that certain practical jokes are a violation of the law as well.

Congress has passed a law which outlaws spoof calls. It is illegal to make a phone call and intentionally place a different caller id so that the receiver of the call is not deceived. This law which is known as "The Truth in Caller ID Law" makes it illegal "to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value...."

Now this law was probably intended to protect people who were trying to hide from their creditors, but nevertheless protecting people from pranks is a step in the right direction.

It is ok to laugh and the Torah also encourages laughter, just not at someone else's expense. Of course, it is not just Mitt Romney who has pranked people (we all have done it in our lives), but now that Mitt Romney is in such an important position of leadership he can and should take the initiative to turn this into a teachable moment. He should announce that from this day forward his campaign and if he wins, his White House, will be prank free zones.

 
 
 
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04:26 PM on 05/21/2012
The most common criticism of the column in the comments is that talking about pranks in the context of Romney's actions cheapens it. That seems off given the history of talk about pranks. Pranks have often been quite cruel. And this article does not come down on the side of acceptance of pranks, so it is hardly an apology for Romney's actions.

The real problem here comes on the other end where the appeal to laws tends to get things wrong on the tame side of pranks. Herzfeld kind of captures this when he says that it is up to them if husbands and wives want to engage in loving pranks, but then it turns out that he thinks the Talmud forbids friends from derogatory nicknames when the person so referred doesn't mind (oddly the justification is to save his feelings even though he by hypothesis does not have bad feelings about it).

The principle behind this, that one should respect people's feelings, is a good one. But the application is off. If comedians want to get together for a roast and attack each other humorously it makes no sense to rule this out in order to protect their feelings. This is true of some pranking humor among friends. Of course it requires judgment. But an all out ban seems like an abdication of judgment.
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UnicornsOccur
They're invisible and yet pink.
12:43 PM on 05/21/2012
"One shall not aggrieve his friend."

Something tells me Romney and the kid with the long blonde hair weren't friends.
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JoandeV
Buddhist, mom, scientist
06:50 AM on 05/21/2012
I haven't done a comprehensive study of religions, but those I'm most familiar with (Christianity, Judaism, Buddhism and Islam) speak against doing something to someone who may be harmed. The Abrahamic faiths do make allowances for exceptions to this. Atheists and agnostics would also argue that humor is good, but not at the expense of someone else. I'm willing to bet real money every other religion is against this too.

None of us are perfect within the teachings of our faith or secular beliefs, but when we are wrong we should at least own up to it. Society should not shrug off pranking as if it were something inconsequential, but send a clear message that it is wrong and will not be accepted.
A Jew with a View
Act justly, love mercy, walk humbly
11:57 PM on 05/20/2012
It is disappointing to read posts from people who are so narrowly focused that they can find no bennefit from learning about other cultures or perspectives. Reading some of these posts, it seems that people read the headline and not the article. The article is not about Mitt Romney's actions. It is about larger issues. How should people treat each other? Admittedly, I have and continue to do pranks. But I don't enjoy watching America's Funniest Videos because many of them show people getting hurt (admittedly often doing stupid things). But I find something inappropriate, even if it is very human, about laughing at someone swinging on a swing when the swing breaks or slipping on ice. Or the show where people get "punked". The rabbi questions the morality of such acts. It is a good question. Even the show "what would you do", while well meaning, has some ethical issues that deserve to atleast some discussion. The article give me pause to think about my own actions.
10:32 PM on 05/20/2012
The author has just classified Romney and his posse from holding a human being against his will and cutting his hair as a "prank". It was an assault that should have been criminally prosecuted.

Romney did not apologize. He excused himself with the now common "I don't remember doing it but just in case I apologise".

If Romney was any kind or moral leader he would either state he did not do it (if he didn't) or sincerely apologize if he did.

But as usual Romney wishywashes his responses.

It is interesting that Anne Romney just days before the bullying became known, used the "pranks" that Mitt did as trying to "humanize" Mitt.
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10:16 PM on 05/20/2012
I find it amusing, almost hilarious, yet sad all at the same time, that some people need a stone age myth, written with some wisdom nevertheless, to determine what their moral duty may be and what their conscience may dictate. Ancient texts, representing a one way communication, for which there is no scientific evidence, and that never have, nor never will constitute a means of communication with an all mighty divinity. No one can communicate with a god, any god, even, and perhaps especially, theologians.
Perhaps we are not born with neither conscience, natural compassion, common sense, nor moral compass after all.
Personally, I believe that with or without ancient texts, humanity is capable of morality and conscience.
A Jew with a View
Act justly, love mercy, walk humbly
12:22 AM on 05/21/2012
Actually, while you may feel enlightened, your sense of morality probably stems to a large extent to the values found in the old and new testaments as well as other ancient texts. Western values did not just develop from ex nihlo.

''We have the illusion that science has answers to most of our questions, but this is not so. From the earliest of times man must have pondered over what Truth, Beauty, and Justice are. But so far as I can see science has contributed nothing to the answers, nor does it seem to me that science will do much in the near future. [...] Indeed, to generalize, almost all of our experiences in this world do not fall under the domain of science or mathematics.'' - R.W. Hamming, one of the founders of information theory. http://www.lecb.ncifcrf.gov/~toms/Hamming.unreasonable.html
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01:31 AM on 05/21/2012
We don't need Science or some old myths and legends to realize that Slavery is an abomination, just as Apartheid and Segregation. It takes democracy, government with checks and balances, and education
of justice and liberty.
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11:24 AM on 05/21/2012
Jeez. Why blame science because it does not answer philosophical questions? Look up the definition, for Pete's sake.
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markatlarge
09:35 PM on 05/20/2012
Are you kidding me? This article has to be a joke. What Romney did was not a prank, he assaulted someone. It's called bullying today. What he did was against the law back then and is today. Please don't trivialized what happen to victim, who carried it with him to the day he died. It's not ok bully or assault someone. And at 65 years-old if you can distinguish bullying from a prank that is a problem. I don't think we need a president like that.

Over 125,000 people responded on this post condemning Romney for referring to it as a prank. http://markatlarge.com/mitt-romney-bully-in-chief/

His response was terrible. When he was describe how the kid was crying as he cut his hair Romney Chuckled, saying he didn't remember. From a person that has been bullied I find it offensive. Get the fact right. http://markatlarge.com/mitt-romney-bully-in-chief/
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05:10 PM on 05/20/2012
Can't imagine how Jewish law comes into this at all. "Pranks", or as the realists among us like to say, "Assault," is wrong in the eyes of US law, and in the eyes of any thinking, feeling human being.
03:26 PM on 05/20/2012
The Jews have no place to attack our American Presidential leaders based on their laws created before 100 BC. Their leaders killed numerous early Christians and gays and had slaves between 1-100 AD. If Latter-Day Christians (aka Mormons) were living at that time they probably would have killed them too. To be fair the Roman laws weren't much better, but all the reason not to use old Roman laws as well to judge our Presidential candidates.
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phal4875
The world is run by cats; we just feed them.
03:16 PM on 05/20/2012
If Romney cannot use his wealth, privilege, and connections to hurt other people, what good is it to have all these attributes?
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thorrsman
Why should I define myself by quoting others?
05:34 PM on 05/20/2012
Is that what you do with what little wealth you have?
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06:10 PM on 05/20/2012
You need your sarcasm meter adjusted.
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F-BVFF
07:07 PM on 05/20/2012
Perhaps on a deeper level, phal4875 realizes that when someone obtains power in society, it means that they really do have the power to affect others' lives. You can use it positively or negatively, but if you can't choose between the two, then you really don't have power in the first place.
02:48 PM on 05/20/2012
This is silly. Holding Romney accountable to Jewish laws when even 99% of the Jewish people don't fully adhere to them especially not in their youth. Name me one Jewish person (that isn't named Jesus of Nazareth) that never played a joke or teased another person as a child. Even the holy Abraham put his son on an altar to be sacrificed. Abraham even circumcised his entire househould of males. What do you think would be worse circumcision or a hair cut?
03:17 AM on 05/21/2012
And you know that Jesus never teased or played a joke on someone because?
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harpo73
02:09 PM on 05/20/2012
the most disturbing incident was Romney leading a blind man into a door - then laughing.

that, my friends, is pretty sick.

I am holding off judgment who to vote for after debates and seeing if there are flip flops. But this incident has lowered my probability to voting Romney from about 2/3 to 1/2.
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06:11 PM on 05/20/2012
I will never understand how any rational being can vote for a Republican. Not now anyway.

40 years ago the voice of the Republican Party was William F. Buckley Jr. Now it is Rush Limbaugh. How much lower can they sink?
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Bones Rhodes
02:20 AM on 05/21/2012
I swear I thought I had fanned you forever ago: corrected that.
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F-BVFF
07:10 PM on 05/20/2012
Do you think that subconsciously people will find him more likeable due to this whole revelation about his character? For example, if he's someone who had these traits growing up, that reminds us of someone who will be more hawkish towards enemies and therefore some people will be drawn towards that, even if they never realize it at a conscious level? Just wondering.
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MarcEdward
likes all cats more than most people
11:40 AM on 05/20/2012
What Romney did would also certainly be against the teaching of Jesus as well. "How you treated the least among thee is how you treated me" How does Romney treat "the least among thee"? - putting his dog on the roof - using a gang of boys to chase down, pin down and use a sharp object on somebody smaller than they are - tricking an elderly blind man into walking full speed into a closed door Everything anybody needs to know about Romney!
03:15 PM on 05/20/2012
What you guys are doing is exactly what Jesus said not to do. Jesus taught he who is without sin cast the first stone. Even the Jews were too ashamed to cast the first stone at the aldulteress, but you guys have no problems with it. If Romney acted stupid as a kid, but changed after the car accident in his youth when he nearly died and was pronounced dead by the French papers is good enough for me. Even Paul once was called Saul and did many things in his youth he regretted.
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06:14 PM on 05/20/2012
The incident with the "adulteress' was added to the Gospel of John after it was written. it does not appear in any of the early manuscripts. Sorry.

http://en.wikipedia.org/wiki/Jesus_and_the_woman_taken_in_adultery#History_of_textual_criticism_on_John_7:53-8:11
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10:34 PM on 05/20/2012
Jesus said this, Jesus said that....Oh Please!.... nobody knows what he said, or even if he really existed.
What did Jesus say to the adulteress woman when he was alone with her and all others were gone? Did Jesus write his own memoires? Did the adulteress woman keep a diary? And what did Jesus say to his father when he was alone in the garden of Gathsemane and all the others were asleep? Must I go on?
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LintLass
"When you can balance a tackhammer on your head...
10:51 AM on 05/20/2012
Trying the last paragraph in my post below again:

If some gang of kids came up, mobbed a Hasidic kid, held him down en masse, and cut off his locks, especially with targeted taunting, would you call it a 'prank?' Or would you call it what it would really be? A hate-based assault?

The new Religious Right code word for covering up their bullying and hatred: "Oh, it didn't happen, but it was just a prank." "Pranks."

I've experienced some of these 'pranks.' Funny ha ha. Right.
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thorrsman
Why should I define myself by quoting others?
11:42 AM on 05/20/2012
Except that your hypothetical has nothing to do with this story, it is just another way the hysteriacal left has of demonizing those they fear.
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05:12 PM on 05/20/2012
We should all fear, and prosecute, those among us who assault others.
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catsanon
Humans... Such silly creatures.
04:30 PM on 05/20/2012
Or consider the recent case where some Amish men ganged up and cut off the beards of other Amish men.

I haven't paid a lot of attention to the case, but I think there were criminal charges.......
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thorrsman
Why should I define myself by quoting others?
10:35 AM on 05/20/2012
Why should America be concerned with "Jewish" law? Rather like Sharia law, it is a moot point in America. We have our own laws, the laws written by men for the good of mankind. Laws from one religious view, relating to the actions of those of that religion, have no legal force in America.

And moreover, why should "Jewish" law be applied to a MORMON?
02:23 PM on 05/20/2012
Wow! Good idea...can I quote you on that the next time you getup on your high goat to decry the lack of adherence to those "laws written by men for the good of mankind"...you know...like marriage equality, equal rights, freedom from slavery, etc, etc....
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thorrsman
Why should I define myself by quoting others?
05:39 PM on 05/20/2012
Marriage has a set meaning that you want changed not for love but for financial advantage without the parental responsibilities that a marriage entails. Thirty states have said no to you. Learn the lesson: You are not important enough to dictate to the majority.

As for the rest, merely the typical personal attack and lies from a Left that can not muster a proper rebuttal.