[Avodah] Did Shlomo HaMelech lie when suggesting the baby be cut?

[Daniel Eidensohn]

R' Meir Rabi wrote:
>
> Did Shlomo HaMelech lie when he proposed that the baby be cut?
>
> The Gemara Shevuos 30 defines MidVar SheKer TirChok as misrepresenting 
> that two witnesses exist thereby inducing an admission, rather than 
> presenting a single witness which only requires that an oath be taken, 
> and we are fairly sure he will swear falsely. There is no suggestion 
> that any testimony is presented, the fake witness just comes along to 
> BD and just by impression, convinces the admission of the defendant.
>
>  One would have thought this a fantastic outcome, no lies, false oaths 
> and true restitution. But we are wrong, this is bad, evil and sinful.
>
> Now, how was the ploy utilised by Shlomo HaMelech any different? He 
> threatened to cut the baby thereby discovering the true mother.
>
>  
>
To add to the question [which is on 31a]. The Magen Avraham (O.H. 156) 
poskens like Pesachim (112a) that if you are convinced that the halacha 
is X you are allowed to say it in the name of a godol in order that 
people accept the halacha.

However the Nesivos [choshen mishpat 28:7] notes that the fear is the 
litigant will be coerced into make a peshara not in accordance with the din.


Daniel Eidensohn