[Avodah] Halachic Analysis: The Hillary Photo Controversy

[Micha Berger]

On Thu, May 12, 2011 at 05:03:16PM -0400, Zev Sero wrote:
>> The photo came with rights reserved in the form of the text:
...
>> So as a matter of metzi'us, I think it is illegal.

> No, it isn't.  The White House has no more right to impose such a
> restriction than I do.  It's meaningless and of no authority.
> A sheker, if you like.

I still believe you're mistaken, but this is a discussion for Areivim
with opinions from the US lawyers among us, not for here.

>> From the perspective of midevar sheqer tirchaq, the caption should have
>> read something like " ... (Secr. Clinton's image removed from the photo.)"
>> To mislead people into thinking this was the actual scene (even if the
>> scene was set up for the photo-up) is halachically problematic, no?

> Why should it be?  How is anyone harmed by not seeing the whole set-up
> photo? ...

I'm talking about midevar sheqer tirchaq, and you are answering me
in terms of hezeq. Lying (leshaqeir) is assur. Misrepresenting the
truth without an outright lie (leshanos) is only mutar in specific
circumstances:

- darkhei shalom, if there is no other way to maintain the peace (Yevamos
  65b; CC Rechilus kelel 1:14)

Or the three cases on BM 23b-24a:
- masekhes -- downplaying your accomplishments in learning ("Do you know
  mes' X?" "No.")

- puria -- someone asks you about your sexual activities.
  Rashi: If asked directly, eg: "Did you have relations?" "No."
  Tosafos: If a man who was absent due to being a qeri is asked why he
    wasn't at the beis medrash, he needn't answer honestly

- ushpiza -- lying about a host to prevent the questioner
  from taking advantage of them
  Rashi: Playing down their largesse
  Rambam: Not giving them the correct name of the host

  Both are problematic. Rashi's example would often be motzi sheim ra.
  The Rambam's would often lead to someone else being victimized by the
  moocher looking for a host to take advantage of.
  
  See also CC kelal 9:3 and RMF's Diberos Moshe on that gemara in BM,
  and see if you can help me resolve these issues.

But in any case, such shinui isn't permitted for the sake of mere
tzeni'us, particularly since there was no chiyuv to carry the picture,
the picture could have been printed with an explanation, etc...

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 23rd day, which is
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