Showing posts with label Employee crime. Show all posts
Showing posts with label Employee crime. Show all posts

Friday 21 June 2024

it's a steal!

An Avot mishnah for Shabbat: Perek 2 (parashat Beha'alotecha)

Continuing our series of erev Shabbat posts on the perek of the week, we return to Perek 2.

At Avot 2:8 Hillel cautions against various examples of excess. One of them reads like this:

מַרְבֶּה עֲבָדִים מַרְבֶּה גָזֵל

The one who increases [his] manservants increases theft.

This reads a little awkwardly for the modern Torah student because the vast majority of people today do not retain manservants: butlers, valets, footmen and the like are the domain of costume dramas. Since manservants are no longer a familiar part of daily life in Western society, if we want to see something of the servant’s bond of loyalty and sense of commitment to his master we have to refer to costume dramas like Downton Abbey or to literary works such as P. G. Wodehouse’s series of Jeeves books and Kazuo Ishiguro’s prize-winning novel The Remains of the Day.  

Faced with the problem of the lack of contemporary relevance, some commentators omit any discussion of this teaching (e.g. R’ Dan Roth, Relevance: Pirkei Avos for the 21st Century; R’ Yisroel Miller, The Wisdom of Avos). Strangely, other authors have gone retrograde, opting for “male slaves” (David N. Barocas’ translation of Me’am Lo’ez; Chanoch Levi’s translation of Ru’ach Chaim; Joseph G. Rosenstein, Reflections on Pirkei Avot); David Haddad’s French translation (Les Actions des Pères) does the same with “esclaves”. While no translations have jettisoned “manservants” for something more familiar like “employee” or “domestic employee”— the mishnah is often explained as applying to this modern concept.

If we take “manservant” literally in its classical English context, what do we see? A “gentleman’s gentleman,” a man who serves but is never servile, and whose wit and resources are entirely devoted to the needs of his master. Belonging at the bottom of the hierarchy of society, such a servant might be expected to earn the lowest of wages, a factor that might motivate him to supplement his meagre income through theft of his master’s property. In the case of any theft, the master with only one servant in his employ would have little difficulty in identifying the likely culprit. However, with a multitude of servants, not only would it be harder to point the accusatory finger at any individual suspect; it would also be much more difficult to supervise the duties and activities of all the servants, so opportunities for theft would themselves increase.

But if we transfer the context of this mishnah from the domestic sphere to the corporate world, we can see how very practical it is. Statistically speaking, some 75% of employees steal from their employers and around one-third of business bankruptcies have been triggered by the consequences of employee theft [Figures taken from https://www.embroker.com/blog/employee-theft-statistics/].

Finally there’s a neat twist to this mishnah in the explanation of R’ Shmuel de Ucida (Midrash Shmuel): whose thefts are we talking about? When a person has a larger staff than he can afford, it’s not the staff who work for him but he himself who does the thievery in order to pay for his bloated and overmanned establishment. This explanation works just as well in the commercial world as in the domestic one, as Gila Ross (Living Beautifully) observes.

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Tuesday 28 May 2024

So who is the real thief -- and why?

At Avot 2:8 Hillel reels off a list of things that either hurt or help us. It starts like this:

מַרְבֶּה בָשָׂר מַרְבֶּה רִמָּה, מַרְבֶּה נְכָסִים מַרְבֶּה דְאָגָה, מַרְבֶּה נָשִׁים מַרְבֶּה כְשָׁפִים, מַרְבֶּה שְׁפָחוֹת מַרְבֶּה זִמָּה, מַרְבֶּה עֲבָדִים מַרְבֶּה גָזֵל. מַרְבֶּה תוֹרָה מַרְבֶּה חַיִּים, מַרְבֶּה יְשִׁיבָה מַרְבֶּה חָכְמָה, מַרְבֶּה עֵצָה מַרְבֶּה תְבוּנָה, מַרְבֶּה צְדָקָה מַרְבֶּה שָׁלוֹם

The more the flesh, the more the worms; the more the possessions, the more the worry; the more the wives, the more the witchcraft; the more the maidservants, the more the sexual immorality; the more the manservants, the more the thievery; the more the Torah, the more the life; the more the study, the more the wisdom; the more the counsel, the more the understanding; the more the charity, the more the peace…

I only want to discuss one of these items: the more the manservants, the more the thievery. For the sake of framing it within its context, I have reproduced the relevant words with bold type.

The other items listed in this mishnah provide a context that suggests that we are talking about a man’s personal situation. In particular it addresses a man who is obese, rich, possessed of a plurality of wives and domestic servants. Slaves and servants were the norm in Biblical times; the Tanach and the Oral Torah make frequent references to them and lay down rules regarding them: the same word, עֶבֶד(eved), is used for both. The association of servants with theft must have been so obvious that Rambam, the Bartenura and the commentary ascribed to Rashi make no comment on this part of the mishnah at all, while Rabbenu Yonah characterises theft as the eved’s response to being beaten by his master.

Most of us don’t have manservants any more, or indeed any servants, so Hillel’s teaching really needs a spin if it is to speak to us directly.

R’ Yisroel Miller (The Wisdom of Avos) discreetly omits any comment on the entire Mishnah, possibly on account of the references to witchcraft and sexual immorality, R’ Yitz Greenberg (Sage Advice) does tackle the worms and the sexual immorality—but has nothing to say specifically about menservants. R’ Yisrael Meir Lau (Yachel Yisrael) suggests that there is little difference between maidservants and manservants, other than that the former are more inclined towards sexual immorality while the latter tend more towards offences of dishonesty.

Commentators with a background in psychology fly their own flags. R’ Reuven P. Bulka (Chapters of the Sages) discusses menservants as status symbols belonging to empire builders who wish to impress others, who are probably not your average Pirkei Avot reader, but he does allude to the boredom and emptiness felt by unnecessary household staff who may be driven to theft by the sheer vacuity of their existence. The same idea, of apparent status symbols masking a sordid reality, is echoed by Irving M. Bunim (Ethics from Sinai) who addresses all the negative excesses in global terms. R. Abraham J. Twerski (Visions of the Fathers) writes generally about the problems generated by excesses of every kind, also offering his personal view—which many of us may share on the basis of our own experience—that it can be far more gratifying to do things for oneself than have others doing them for you,

Most recently Gila Ross (Living Beautifully) neatly cites an early source so as to frame this mishnah within a modern context with which many of us are familiar—that of regular rather than domestic employment:

“An excess of staff or servants can lead to more thievery—and not just because they may steal from [the person who has many of them]. According to Rabbi Yosef ibn Nachmias, if someone employs staff above what he can afford, he may bring himself to questionable business practices to maintain a lifestyle that’s above and beyond what he can really handle”.

 This scenario is unlikely to have been at the forefront of Hillel’s mind 2,000 years ago, but his words provide a convenient peg on which to hang a useful piece of practical advice.

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Monday 16 October 2023

And now for something a little different

Recent developments in Israel and the diaspora have generated a host of sombre social media posts and opinion pieces, as well as an impressive array of positive and inspirational material. Just for a change, here are three short items that are neither.

The bread and salt diet

From Claude Tusk comes what we can fairly describe as “food for thought”.

In Avos 6:4 it is taught: “Thus is the way of Torah: eat bread with salt…”. But in Kiddushin 62a, when expounding the words חֶרֶב תְּאֻכְּלוּ (“You shall be fed with the sword”: Isaiah 1:20), we learn: “Stale bread baked in a large oven with salt and onions is as harmful to the body as swords”.

Does that mean, Claude asks, that a Torah-true diet should not include onions, or is the quality of the bread the issue?


Top of the pops

As regular readers will recall, Avot Today keeps track of all the citations of mishnayot and baraitot in Avot that it can find on the social media, using Google Alerts. In the third quarter of 2023 (July to September) we counted 68 all told, July being the peak month with 28 cites.  The most popular Mishnah, with 5 ‘hits’ for this quarter and 17 for the year to date, was Rabbi Tarfon’s teaching at 2:21: “It’s not for you to finish the task, but neither are you free to withdraw from it”.  Next, on 4, is Ben Zoma at 4:1: “Who is strong? The person who can control himself”.  The biggest surprise was the decline in popularity of Yehoshua ben Perachyah’s teaching at 1:6 that we should judge others favourably. Last year it was on everyone’s lips, as it were, but it has only notched up 3 citations for the first nine months of 2023.

 

Fresh opportunity to go astray?

Rabban Gamliel, son of Rabbi Yehudah HaNasi, promotes the virtues of combining the study of Torah with a worldly occupation (a.k.a. a job) on the basis that the combination of the two causes sin to be forgotten (Avot 2:2). On this the Maharam Shik raises a point worth pondering. Ideally a person who learns Torah 24/7 shouldn’t be thinking of sinning at all. But if he is the sort of person who does contemplate sin, would it not be the case that splitting his time between learning and work will not stop him sinning at all, but will simply provide him with extra opportunities to sin in the workplace? Before you dismiss this as a facetious suggestion, ask if you have never come home with pens, stationery, customer samples or other items that did not belong to you. According to Incorp.com, employee theft and fraud cost US businesses between $20-50 billion annually—and then there is the temptation to stray beyond the bounds of acceptable behaviour towards one’s colleagues. If you want to stay on the straight and narrow, it might be safer to stay in the Bet Midrash…

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