[Avodah] Keeping Well Away From Sheker

[Rabbi Meir G. Rabi]

Shavuos 31A
A student whose teacher said to him: You know I can be trusted with even
millions of dollars - I need your help because Peloni owes me $10,000 but I
have only one witness so I can only compel him to make an oath but I am
afraid he will make a false oath. So, not only will I not get my money but
I will have caused him to lie and make a false oath. You can help me by
coming to the Beis Din - you will not provide testimony, Heaven forbid -
but by creating the impression that I have two witnesses the defendant will
admit the truth and we will be able to come to terms and resolve this
matter. This will be a Win WIn situation.
This is prohibited, as per the Passuk: “Distance yourself from a false
matter.”
This is Paskened by the Tur and ShA ChM 28m Rama

I assume this means that if one’s boss wants his workers to support him in
a claim against a poor performing or even derelict worker, which they, the
co-workers, are in fact unable to corroborate other than by relying on the
sterling character of the boss who they know very well and trust
implicitly, who might also be their father uncle or brother, and this
worker is difficult to sack because he is protected by union workplace
regulations etc., they are not permitted to indicate in any way their
support of their boss in this dispute even if this will just prompt the
derelict worker to admit and accept the severance package offered by the
boss.
I ask this because a Rov suggested the cases are not identical and that in
general [his example] if a Yeshivah or Kollel is in dispute with a member
or associate, the students and Chavei Kollel are allowed to express their
support for the institution as long as they do not expressly condemn the
Bar Plugta, notwithstanding that their statement or expressed support
indicates that they believe the institution is correct and the other party
is wrong.
This does not seem to be correct in my opinion.
I would be very pleased if anyone might be able to offer some illumination
and in particular if Rabbanim known to the Chevra might be asked this Q.
Another related issue is that Shlomo HaMelech, in suggesting he would cut
the baby in half, seems to be in violation of this Passuk and the Gemara
that prohibits creating a fake situation to encourage or frighten the
litigant to admit and concede the truth.

Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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