Wednesday, August 24, 2022

Should public shaming be allowed? TB Ketubot 49

According to the Torah there is no obligation of father to feed his children. Nevertheless, Jewish law obligates the father to feed his children up to the age of six because he is obligated to sustain his wife. Up to the age of six the children are considered an extension of the mother; consequently, just as the must sustain his wife he too must sustain her children. From six years old onward, the children are on their own. Quoting a baraita, two out of three tannaim on today’s daf TB Ketubot 49 hold that a father feeding his children is the proper thing to do.

As it is taught in a baraita, it is a mitzva to sustain daughters, and the same applies by an a fortiori inference to sons, who are engaged in the study of Torah. This is the statement of Rabbi Meir. Rabbi Yehuda says: It is a mitzva to sustain sons, and the same applies by an a fortiori inference with regard to daughters, due to the dishonor they will suffer if they are forced to go around begging. Rabbi Yoḥanan ben Beroka says: It is an obligation to sustain the daughters after their father’s death; however, during their father’s lifetime both these and those, sons and daughters alike, are not sustained.” (Sefaria.org translation)

After the destruction of the Second Temple, the Sanhedrin went into exiled as is recorded in TB massekhet Rosh Hashanah. The Sanhedrin was exiled from the Chamber of Hewn Stone (in the Temple)…to Yavne, and from Yavne to Usha (in the Galilee)…and from Usha to Shefaram, and from Shefaram to Bet She’arim, and from Bet She’arim to Tzippori, and from Tzippori to Tiberias” (Talmud Rosh HaShana 31a).” In Usha, the sages made a series of takanot, rabbinic enactments. The first takana on our daf ordained that fathers should sustain their children until the age of bar/bat mitzvah. “Rabbi Ile’a said that Reish Lakish said in the name of Rabbi Yehuda bar Ḥanina: In Usha the Sages instituted that a man should sustain his sons and daughters when they are minors” (Sefaria.org translation)

The Gemara wonders whether this was an obligation of a father or just the proper thing to do. It cites three different cases where the Rabbi involved didn’t force the father to feed his minor children, but rather used social pressure or shaming to achieve the appropriate end. These cases leads us to believe that a father is still not obligated to feed his children past the age of six years old.

When they would come before Rav Yehuda to complain about a father who refused to sustain his children, he would say to them: The jackal [yarod] bears offspring and casts the obligation to feed them on the residents of the town? Even a jackal feeds its young, and it is certainly proper for a father to support his children.

When they would come before Rav Ḥisda to register a similar complaint, he would say to them: Turn over a mortar for him in public, as a raised platform, and let that father stand up and say about himself: The raven wants to care for its sons, and yet this man does not want to support his sons…

“When an incident of this kind would come before Rava, he would say to the father: Is it satisfactory to you that your sons are sustained through charity? All these incidents prove that the halakha is not in accordance with the enactment of Usha; although these Sages stated forcefully that it is proper for a father to support his children, they did not force him to do so by the authority of the court.  The Gemara adds: And we said this halakha only when he is not wealthy and must toil hard to provide food for his children, but if he is wealthy we coerce him against his will to sustain them. Like this case of Rava, who coerced Rav Natan bar Ami, who was a wealthy man, to donate to charity, and collected from him four hundred dinars for charity. This shows that even in the absence of a particular obligation, the court will compel a person to give charity if he can afford it. The same reasoning certainly applies to a man’s own children.” (Sefaria.org translation)

Shaming the father rather than forcing him to sustain his children is the more usual course of action codified by the Shulkhan Aruk. “A man is obligated to provide sustenance to his sons and daughters until they are 6 years of age, even if they own property that came to them through their mother's father's house. From then and on, we provide for them as a decree of the sages until they are adults. If he does not want to, we denounce him and shame him and antagonize him [until he does]. If he [still] does not want to, we denounce him in public and say, "So-and-so is cruel and does not want to provide for his children! He is worse than a non-kosher bird that [at least] provides for its chicks!" But we do not force him to provide them sustenance. When does this ruling apply? When there is no economic estimation. But if the estimate shows that there is enough money for them to get charity, we remove it from him by force, for charity purposes, and we feed them until they become adults” (Even Ha’Ezer, 71:1)

We have to ask ourselves the question “Does public shaming achieve its goals?” “Public shaming is nothing new. It has been effectively used as punishment across societies for centuries. Aided by the rise of technology and accessibility of information, public shaming has evolved and moved on from pillories to social media platforms. Twitter, Facebook and Instagram now all serve as the modern mediums through which digital mob justice is served. 

“Singapore even has its very own portal for social justice warriors, Stomp, which has over 600,000 likes on Facebook. The phrase “after you kena Stomp” has even become part of the Singaporean consciousness and colloquial vernacular, serving as a warning to others on the risks of being shamed through the platform for their behaviour.

“Public shaming has proved itself as a capable deterrent to prevent bad or inappropriate behaviour. It has made a difference to problems such as animal cruelty and copyright issues, while also increasing awareness of social and safety problems. This is evident from the rise of public mask shaming in Singapore, in the wake of COVID-19. Since April 2020, there were 80 reported cases of disputes involving commuters who did not mask up in public, with many of them going viral, and about 40 of them being fined[1]

“But it is not without drawbacks. Public shaming has also given rise to modern-day character assassinations, witch hunts and occurrences where decent people are punished for minute transgressions, or for what amounts to no real transgressions at all. Some are even punished for just their opinions. In the end, all it does is create an environment of surveillance, fear and conformity. 

“The ability to wield such a form of humiliation and the potential cost leads to many questions. Is it a means for positive social change? Or a form of toxic harassment? How does it all play out in Singapore? To find answers, we turn to Dr Brandon Koh, an Industrial-Organisational Psychologist and Lecturer in Human Resource Management programme at SUSS, to provide insights.

“The anticipation of being publicly shamed may be a useful deterrent against violating social norms. That said, public shaming can be harmful.

“Whilst public shaming is intended at reducing undesired behaviours, the recipient of public shame often suffers a loss of reputation, self-esteem, and sense of belonging to the community. These effects may be long-lasting and disproportionate to the act. For instance, the shamed behaviour may be a single mistake or momentary accident that does not truly reflect a person’s moral character. Yet, when netizens view or react to public shaming social media posts, they may over generalise, condemning the person as a whole. To make matters worse, some netizens may treat such content as light-hearted entertainment and gossip, even though the consequences to the shamed individual are very real. This further exacerbates the negative effects of public shaming.

“How has technology and social media changed and enabled public shaming behaviour?

“Koh: 
Firstly, technology and social media platforms can offer people a shroud of anonymity, lowering the barrier to initiate or participate in public shaming. Secondly, follow-up comments often echo the original message whilst those who oppose rarely express their objections. This provides a biased perception that the masses endorse the public shaming of a certain incident or person, which could be untrue. Thirdly, social media magnifies the reach of such public shaming acts to a wider audience.

“In short, social media amplifies the negative effects of public shaming. In fact, one might notice the resemblance between public shaming on social media and cyberbullying…

“During the COVID-19 pandemic, is shaming those who do not wear a mask on social media a reasonable action? Do you think individuals who engage in public shaming sometimes cross the line when it comes to taking the law into their own hands?

“Koh: To be fair, people may express their own opinions on social media platforms. Instead, I would question the newsworthiness and impact of public shaming. As I alluded to earlier, public shaming generates much negativity, causing disproportionate harm to the targeted individual, whilst on-lookers may use these contents for personal entertainment or social gossip. To top it off, public shaming may not even really reduce the undesired norm-breaking behaviour because it reaches a limited audience.

“Is public shaming the way forward for keeping the bad behaviour in check

“Koh: Certainly not. I hope that we can cultivate positive norm-abiding behaviours through fostering a sense of belonging and shared responsibility in our communities. We can also exemplify desired behaviours through education, cultural teachings, and role models instead of punishing undesirable ones via public shaming.

“However one views the act of public shaming, be it as a useful deterrent, cyberbullying in disguise or a slippery slope which requires treading with caution and control, there is no doubt that it is here to stay. While being an activist for a cause or calling someone out on their error may be admirable acts, there is ultimately never a reason to gang up and shame someone online or to support and engage in doxxing.

“Jon Ronson perhaps sums it up best in his book So You’ve Been Publicly Shamed, stating that “Well-meaning people, in a crowd, often take punishment too far.[2]” We have to know and do better. It is important to keep our own behaviour in check and not engage in public shaming. If not, what does it actually say of us?” https://www.suss.edu.sg/blog/detail/putting-public-shaming-to-shame#:~:text=Public%20shaming%20has%20proved%20itself,of%20social%20and%20safety%20problems.

Would you shame a person in public?

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