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Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".
These are the things which defile a man: but to eat with unwashen hands defileth not a man. The New International Version translates the passage as: These are what make a man 'unclean'; but eating with unwashed hands does not make him 'unclean.'"
The Talmud used the requirement of handwashing in Leviticus 15:11, "The person who is touched by one who has a discharge without rinsing his hands in water must wash their clothes and bathe with water, and they will be unclean till evening," as a hint for general handwashing law, using the principle of asmakhta or "allusion."
However, the requirement of clean hands does not mean that a "bad person" cannot obtain the aid of equity. "Equity does not demand that its suitors shall have led blameless lives." [15] The defense of unclean hands only applies if there is a nexus between the applicant's wrongful act and the rights he wishes to enforce.
Through these practices, the left hand became known as the "unclean" hand. [6] Currently, amongst Muslims and in some societies including Nepal and India it is still customary to use the left hand for cleaning oneself with water after defecating. The right hand is commonly known in contradistinction from the left, as the hand used for eating. [7]
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Here contractual remedies cannot be enforced by a court on a defendant if it is manifest that the subject matter of the contract is either directly or by implication, contrary to public policy or in contradiction with any existing law or custom. A somewhat related concept in the law of contracts is the equitable defense of unclean hands.