신명기 6:18의 Halakhah

Finally, an educator whose negligence caused the loss of a youngster’s confiscated item creates a very negative impression of Torah if he seeks to escape responsibility with “technical excuses” such as ba’alav imo or that one is not responsible to a minor. The Torah (Devarim 6:18) commands us, “v’asitah hayashar v’hatov b’einei Hashem,” “Do that which is just and good in the eyes of Hashem.” The Ramban (ad. loc.) explains:

The Gemara (Bava Metzia 30b) cites the verse, “You should do the straight (yashar) and the good (tov) in the eyes of God” (Devarim 6:18), as the source for the importance of acting lifnim mishurat hadin.1²The Semak (Mitzvah 49) includes the mitzvah to act lifnim mishurat hadin in his list of 613. The Ramban (ad loc.) explains:

Rav Yosef Shaul Nathanson (Teshuvot Sho'eil Umeishiv 1:1:44) explicitly asserts that Halachah recognizes the concept of intellectual property and copyright law. He does not offer a proof-text for this assertion, but he writes that it would be counterintuitive to claim that Halachah would fail to recognize the internationally accepted rules of copyright. It would appear that Rav Nathanson is arguing that we must accept these laws based on considerations of equity. Indeed, the Ramban, commenting on the Torah's exhortation (Devarim 6:18), "VeAsitah HaYashar VeHatov BeEinei Hashem" ("You shall follow what is proper and good in the eyes of God"), emphasizes the need to conduct oneself in an ethical manner. He explains that the Torah commands us to follow what is considered proper and ethical behavior even in situations that are not directly addressed in the Torah. Following copyright laws is a fulfillment of this exhortation. Indeed, Rav Darren Blackstein commented to me that copyright law is an example of the cardinal principle of “do not do unto others that which one does not want done to himself” (Shabbat 31a).