[Avodah] Md Sheker TirChak

[Rabbi Meir G. Rabi]

Permit me to go back to the start of this discussion.

It seems the definition of MdShTirChak – is using deception EVEN with the
intent to get to the truth.

If truth is the objective, and that objective is accomplished, why is it
Sheker?

It is Sheker because it may well not be the truth.

Even more, it is Sheker because it subverts the truth.

In the case of the Gemara, we are distressing the BaAl Din and weakening
his resolve to fight his case, we are causing him to lose confidence, not
by presenting the truth but by misleading him. That is subverting the truth.

It therefore seems that offering any opinion about the character of anyone
engaged in a dispute, where that opinion is likely to sway opinion and make
one party of the dispute feel weakened and less confident in pursuing their
position [or emboldened] is MdShTirChak.

And as I mentioned, the very fact that the boss or Rebbe or Rosh Y is
requesting this support is proof that it is a valuable tool to accomplish
his end. Indeed, it may well be rationalised – this will be a WIN WIN, we
will prevent him lying under oath and I will get my money – but it is
prohibited, it is an Issur DeOraysa. It is subverting the judicial process
of searching for truth. This interference is disrupting the process that
the Torah instructs, and that common sense compels us to recognise that
pursuing truth requires a level playing field.

The foundation of ChCh is making people feel bad, embarrassed or
uncomfortable even when there is no halachic consequence in a Din Torah or
a dispute.

MiShTirChak is this same stinging comment that impinges upon a Mishpat,
even if only a subtle degree.


It is, as I mentioned in my earlier post, akin to ensuring both litigants
appear before the BD as equals. This is important for both the Dayanim as
well as the litigants. I suppose it is encapsulated in the quaint story of
Reb Chaims wife who told him, I dont need you to help me in my complaint to
the Dayan against the servant who broke something or other; to which Reb
Chaim said, I am not going to help you I am going to help the servant,

There is no parallel whatsoever to offering advice on which car to buy, or
recommending an expert and honest car salesman, or which fridge to buy or
if a Rov provides a reliable Hashgacha. These were red herrings, useless,
frivolous distractions.

It certainly has nothing to do with Kala NaAh VeChassudah which is praising
someone and making them feel happy about something that they CAN NO LONGER
change. However, BEFORE he has made up his mind to marry her, you MUST NOT
sing KNVeChassudah but advise him if you believe it is a poor Shidduch
[unless you fear that later when he regrets his decision he will drag your
name into].

Reb Micha I must modify your words – Reinforcing your boss's decision AFTER
he has dismissed someone and he can no longer get him back THAT is
KNVeChassudah, and you MUST say this EVEN THOUGH YOU believe it was a most
foolish decision.


Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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