Showing posts with label Pharaoh. Show all posts
Showing posts with label Pharaoh. Show all posts

Wednesday, July 22, 2009

License to Lie

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Rabbi Moshe Menachem Liberman, a member of the Chicago Community Kollel discusses some of the halachos regarding the modification of the truth for certain purposes.

http://www.cckollel.org/html/parsha/bereishis/vayichi5764.html

“And they sent a message to Yoseph saying: Your father commanded before he died, saying: So you shall say to Yoseph: Please forgive now the transgression of your brethren, and their sin, for they did to you evil . . .” Vayechi 50:16-17. Rashi points out that the brothers modified the words of Yaakov Avinu in this matter in the interest of peace because Yaakov Avinu had not actually commanded thus.1 The Gemara learns from these pesukim that there is a license to alter the truth in the interest of peace.2 This freedom to alter the truth is actually mandatory and not merely an authorization to alter the truth.3 Before we look at this obligation to alter the truth in the interest of peace, it behooves us to examine the general restriction against altering it.

The Torah states in Parshas Mishpatim, “From a false matter you shall distance yourself.”4 Thus, halachic authorities hold that there is a biblical obligation to refrain from lying.5 Furthermore, Hashem exhorts us to speak the truth, as the Navi in Zechariah states, “Let one man speak with another in truth.”6

The threshold for establishing what constitutes a falsehood, though, is very low. A mere omission is considered an alteration of the truth.7 The Chofetz Chaim deduces this from our Gemora, which states:

Peace is important because even Hakodosh Boruch Hu altered the truth in the interest of peace. Initially the Torah writes [that Sarah Imeinu, after hearing that she will give birth to a son to Avraham Avinu, said], “[After I am old shall my skin become smooth] and my husband is old?”8 And afterwards it writes [Hashem (only) told Avraham Avinu that Sarah Imeinu had said], “and I am old?”9 The only difference between what Sarah Imeinu said and what Hashem told Avraham Avinu that she said, was that Hashem omitted the comment that she had made concerning Avraham Avinu.10 This omission, the Gemara said, was permitted only because it was done in the interest of peace.11 Thus, even a mere omission of part of an otherwise true statement is considered a falsehood to which we are commanded to keep our distance.12

Although merely omitting is considered a falsehood, when altering the truth in the interest of peace, it is preferred to an outright lie.13 Of course, if merely omitting would be insufficient then he should outright lie.14 This obligation to lie in the interest of peace, however, does not sanction swearing falsely.15 Additionally, one may not lie concerning things which have not yet happened.16

There are other times when it is also appropriate to lie. If a person is asked whether he is knowledgeable in a certain Mesechta, he may lie and answer that he is not when in fact he is.17 However, if he is asked in order to provide an answer to a halachic query or to teach, then he must answer truthfully, consistent with his expertise in the Mesechta.18 If a person is asked in the presence of disreputable people concerning the graciousness of his host, he may lie and answer that his host was not gracious.19

The contemporary halachic authorities also permit altering the truth in the following circumstances:
• People may answer, “I don't know” when asked about a matter that is supposed to remain secret.20
• Wealthy individuals may lie about their wealth if they fear “the evil eye” (ayin hara) or if they do not want to arouse jealousy.21
• If one fears that a package will be mishandled, it is permitted to write “glass” on it, even though it does not contain any glass.22
_______________________________________________________________________________________________________________________________
1 Rashi al Hatorah, Vayechi 50:16 (beginning with the words “Your father commanded”)
2 Yevamos 65b
3 Derishah al Choshen Mishpat 262:21
4 23:7.
5 Rabbi Shmuel Hominer, Eved HaMelech, Parshas Mishpatim 23:7:1 (citing SMa”G at Esay 107 and SMa”K 226) (4th ed. 1998); but see Rabbi Menachem Trivash, Orach Maysharim 9:1:1 (noting that this verse is only a restriction on judges and witnesses in the judicial context) (3d ed. 1968).
6 Mesilas Yesharim Chapter 11 (quoting Zechariah 8:16 and other sources).
7 Chofetz Chaim Hilchos Rechilus 1:8:14.
8 Vayera 18:12.
9 Id. at 18:13.
10 Chofetz Chaim Hilchos Rechilus 1:8:14.
11 Id.
12 Id.
13 Chofetz Chaim Hilchos Rechilus 1:8.
14 Id.
15 Id.; but see Chofetz Chaim Hilchos Rechilus 1:8:15 (noting that if there is a foreseeable loss to the other person it is questionable whether swearing falsely may be permitted).
16 Magen Avraham 156:2 (citing Sefer Chasidim 426); but see Mishnah Berurah 156:4 (commenting on Magen Avraham 156:2 that it is questionable); see Rabbi Shmuel Hominer, Eved HaMelech, Parshas Mishpatim 23:7:2 (explaining that the Mishnah Berurah does not understand why there should be a limitation as to when one may alter the truth in the interest of peace).
17 Shulchan Aruch Choshen Mishpat 262:21.
18 Be'er HaGolah al Choshen Mishpat 262:9.
19 Shulchan Aruch Choshen Mishpat 262:21.
20 Rabbi Doniel Yehuda Neustadt, The Weekly Halachic Discussion, 47 (citing Titen Emes l'Yaakov at 76 (quoting Harav S.Z. Auerbach and Harav S.Y. Elyashiv)) (2d rev. ed. 2002).
21 Id. (citing Titen Emes l'Yaakov at 78 (quoting Harav S.Y. Elyashiv)).
22 Id. at 48 (citing Titen Emes l'Yaakov at 66 (quoting Harav S.Y. Elyashiv, Harav Y.Y. Fisher, and Harav C. Kanievsky)).
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Sunday, July 20, 2008

The Law of the Government

The Gemora (Daf Yomi: Gittin Daf 10b) notes: The Mishna did not make any distinction between a document of sale and one of a gift. It is understandable that a document of sale can be valid even if idolaters are signed on it, for when the buyer gave the money before the judges is actually the time that he acquired the land; the document is only a proof to the sale. If the buyer had not given money in front of the judges, they would not have discredited their reputation by writing the document for him. But with respect of a gift, with what did he acquire the property? It is only through this document! But this document is equivalent to a shard! [Why does the Mishna rule that even in this case, the document is valid?]

Shmuel answers: The law of the government is the law (even according to our law).

The Gemora in Shabbos (88a) teaches that when Bnei Yisroel stood at Mount Sinai and heard the word of Hashem, He held the mountain over our heads. Hashem declared, “If you’ll accept the Torah, all will be well. If not, this will be your burial place!” Rav Acha bar Yaakov said: This can now be used as an excuse for Klal Yisroel when they do not perform the mitzvos. For when they are summoned for judgment, they can claim that they were coerced into accepting the Torah; it was not done willingly.

The Perashas Derachim asks from our Gemora which states that the law of the kingdom is the law. If so, this should certainly apply by The Holy One blessed is He, Who is the King of all Kings. How could Klal Yisroel use the coercion as an excuse? The law of the kingdom is the law, and they took an oath obligating themselves to perform His mitzvos!

He answers that Rabbeinu Tam holds that the principle of the law of the kingdom is the law is only applicable if the king decrees on all his subjects. However, if the decree is issued only on part of his kingdom, this principle does not apply. Since Hashem is the King over all the nations of the world and He only forced Bnei Yisroel to accept His mitzvos, this principle would not apply and hence, a claim of coercion can be effective.

It emerges that regarding the seven mitzvos that were given to all Bnei Noach, the principle of the law of the kingdom is the law would apply, and a claim of coercion would not be valid.

According to this, the Ketzos HaChoshen explains the argument between Pharaoh and the midwives. Pharaoh asked them, “Why didn’t you listen to my commandment? The law of the kingdom is the law and since I the king decreed that all the Jewish children should be killed, you are obligated to listen to me!” They responded to him, “Your decree is not a universal one; it was only issued regarding the Jewish children and not to any others. Accordingly, the principle does not apply and we are not obligated to adhere to the laws of the kingdom. Thereupon, Pharaoh immediately decreed that all children born must be thrown into the sea.

Reb Shlomo Kluger uses this principle to explain Adam HaRishon’s response to Hashem. He answered, “The woman which you gave to me gave me from the tree and I ate.” What kind of answer was this? Adam HaRishon was saying that since his was wife was here as well and she was not commanded not to eat from the tree. Therefore, the law of the kingdom does not apply and that is why he ate.
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Monday, April 28, 2008

Shaving on Shabbos

The Gemora (Daf Yomi: Nazir 40a) cites the verse regarding the Levi’im [Bamidbar 8:7]: And they shall pass a razor over their entire skin. The Chasam Sofer asks: According to the calculation, this occurred on Shabbos. How was it permitted for them to shave on Shabbos?

He answers: They shaved in a manner that was less than the amount required for one to be liable.

A similar question is asked regarding Yosef. How was he permitted to shave on the day that he emerged from prison? Chazal say that Yosef was summoned to Pharaoh on Rosh Hashanah! Chasam Sofer answered that it was permitted due to the honor of the king.

Accordingly, the Pardes Yosef said that this answer can be used to explain the Levi’im’s permission to shave as well. Since this shaving was part of the process of anointing and sanctifying the Levi’im, which prepared them to serve Hashem in the Mishkan, it would certainly be permitted, even on Shabbos.
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Friday, January 18, 2008

The Law of the Kingdom is the Law

The Gemora in Shabbos 88a teaches that when Bnei Yisroel stood at Mount Sinai and heard the word of Hashem, He held the mountain over our heads. Hashem declared, “If you’ll accept the Torah, all will be well. If not, this will be your burial place!” Rav Acha bar Yaakov said: This can now be used as an excuse for Klal Yisroel when they do not perform the mitzvos. For when they are summoned for judgment, they can claim that they were coerced into accepting the Torah; it was not done willingly.

The Perashas Derachim asks from our Gemora (Nedarim 28a) which states that the law of the kingdom is the law and we do not allow a person to vow deceptively. If so, this should certainly apply by The Holy One blessed is He, Who is the King of all Kings. How could Klal Yisroel use the coercion as an excuse? The law of the kingdom is the law, and they took an oath obligating themselves to perform His mitzvos!

He answers that Rabbeinu Tam holds that the principle of the law of the kingdom is the law is only applicable if the king decrees on all his subjects. However, if the decree is issued only on part of his kingdom, this principle does not apply. Since Hashem is the King over all the nations of the world and He only forced Bnei Yisroel to accept His mitzvos, this principle would not apply and hence, a claim of coercion can be effective.

It emerges that regarding the seven mitzvos that were given to all Bnei Noach, the principle of the law of the kingdom is the law would apply, and a claim of coercion would not be valid.

According to this, we can explain the argument between Pharaoh and the midwives. Pharaoh asked them, “Why didn’t you listen to my commandment? The law of the kingdom is the law and since I the king decreed that all the Jewish children should be killed, you are obligated to listen to me!” They responded to him, “Your decree is not a universal one; it was only issued regarding the Jewish children and not to any others. Accordingly, the principle does not apply and we are not obligated to adhere to the laws of the kingdom. Thereupon, Pharaoh immediately decreed that all children born must be thrown into the sea.
Read more!