Berachot 19: When Human Dignity Trumps Rabbinic Halacha

Some brief notes about today's daf:

• the rabbis argue about whether or not the dead care if people speak badly about them
• terrible things will happen to those who disparage Torah scholars
• if one sees a Torah scholar transgress at night, do not disparage him during the day for he may have already repented - this is not the case regarding others' property
• Rabbi Yehosua ben Levi: there are twenty-four places where the court ostracizes over matters of respect due the rabbi and we learned them all in our Mishna
• only three were found: one who demeans the ritual of washing the hands, one who speaks badly after the bier of Torah Scholars, and one who is arrogant regarding Heaven

Regarding saying the Shema when bereaved:

• a baraita teaches about travelling a pure path, one which Rabbi Abba says passes through an uncertain area (one where we do not know whether or not there is a grave)
• Does human dignity override the mitzvot in the Torah?
• Rabbi Elazar bar Tzadok said that he would jump over coffins to hurry toward kings of Israel
• Rava says that a tent over a corpse constitutes a barrier before the spread of impurity under certain conditions
• Rav Kahana derided students for laughing at a Torah scholar regarding prohibiting "you shall not deviate (from Torah law)" - which then creates rabbinic law - because the Sages permitted suspension of rabbinic law when human dignity will be damaged

Human dignity is considered to be important, but particularly when it is a Torah scholar's human dignity at stake.