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

[mkopinsky at gmail.com]

On 5/6/07, Daniel Eidensohn <yadmoshe at 012.net.il> wrote:
> R, Meir Rabi wrote:
> >
> > Did Shlomo HaMelech lie when he proposed that the baby be cut?
> >
> > The Gemara Shevuos 31 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.
> >
> Just asked this question to Rav Nosson Kaminetsky. He replied that his
> father Rav Yaakov Kaminetsky said that it was not a lie. Shlomo HaMelech
> in fact was prepared to cut the baby in half. But at the same time
> Shlomo HaMelech was fully convinced that the threat to do so would cause
> the resolution of the question and thus he would not have to follow
> through on his threat.
>

I'm assuming that this understanding is based on the king's broad power
to execute anyone whom he sees fit, without being bound to the specific
rules of beis din.

My chavrusa actually used that idea as a possible answer to the entire
question. In general the king is not bound to the rules of court
proceedings (such as the previous pasuk - Naki V'tzadik al Taharog, which
prevents you from killing someone who is guilty but was mistakenly
acquited in court - a king can kill such a person). Why is he necessarily
bound to the halacha of Midvar Sheker Tirchak?  The question of lying
still exists on the moral plane (and I think Rav Yaakov Kamenetsky's
answer satisfactorally deals with that issue), but on the halachic plane,
perhaps it isn't even a question.

KT,
Michael