USC MATH 108 - Bein Adam L'Chavero Night Kollel - R' Berkovits (111 pages)

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Bein Adam L'Chavero Night Kollel - R' Berkovits



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Bein Adam L'Chavero Night Kollel - R' Berkovits

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Pages:
111
School:
University of Southern California
Course:
Math 108 - Precalculus
Precalculus Documents
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HILCHOS BEIN ADAM L CHAVERO BOOK NUMBER 1 Book 1 Topic 1 M Dvar Sheker Tirchak R Berkovits at Ner LeElef 28 Aug 09 Two sides of Bein Adam LChavero 1 Chessed lo sisneh etc and 2 Business ethics After the tax scandals in the US high schools are more open to have a course on business ethics To this end we will learn four topics related to integrity The topics of truth and falsehood are essential in teaching anything related to business ethics The problem is that there seems to be hetterim and people conclude like they do by lashon harah acc to Chofetz Chaim it s muttar to lie if you have a goal In Beis Din 1 Shavuos 30b gives 13 cases learnt from the verse mdvar sheker Sfas Emes in Shoftim points out that in no other mitzvah does the Torah say to distance from something and the counterpart is justice justice shall you pursue Without integrity others don t know who you are and you don t know who you yourself are since you lie to yourself This gemara lists cases that are not blatant lies Case 1 Do not defend yourself if you actually think you re wrong Many stories are told of ingenious pieces of Torah to defend gedolei yisroel who made mistakes and others who came up with such pieces to defend themselves Case 2 Jeopardising your own sense of what s straight is a lack of your own distancing from falsehood Case there was something muttar but a slight deviation from the truth R Eliashiv said even though it might be muttar do not corrupt your sense of straightness since how will you learn honestly later Case 3 You know he s a thief but since there were never two witnesses he s still a kosher witness Even though I know it s true and he s kosher in Beis Din nevertheless I m using a process in Beis Din that I know would not accept such a person if they knew he was a thief Case 4 The judge has a gut feeling that the witnesses are not telling the truth the judge cannot rule since he must distance himself from falsehood Case 5 You cannot remain silent when you know evidence against a rich litigant Case 6 He wants that the judges rule incorrectly and then get honor by correctly Here What s the difference between cae 5 and 6 In case 5 he wants the ruling to remain wrong permanently In case 6 he wants the judgement to remain wrong temporarily until he becomes famous Maharal if you keep quiet to have the poor litigant win it s muttar Birkei Yosef disagrees You do not have to protest if you here something false and can keep silent but you cannot remain silent if you have an agenda In the halacha of tochacha we can discuss when to protest Case 8 We do not say that the ends justify the means and therefore cannot lie to bring about a gilgul shavua Case 9 Cannot protect yourself from a false claim in Beis Din by lying Case 10 Cannot lie even when you re right Case 11 Appearance makes an impression Case 12 It s much easier to lie when the other litigant is absent Therefore in summary Assur to lie when you re right Assur to intentionally mislead even when you re not saying any false words even if it s temporary and you ll tell the truth Assur to remain intentionally silent with an agenda Outside of Beis Din 3 Why are we permitting saying she s a nice bride when it s not true And in Beis Din it would be assur What s the difference Conclusion it s assur to lie outside of Bein Din just that there are hetterim that do not exist in Beis Din 7 Rambam only regarding a Talmid Chachom does he say mdvar sheker This is just because a talmid chachom is careful in these halachos and others aren t careful 8 Yad Haketanah In Beis Din everyone is bound by absolure truth and anything less is disgusting since you re using an instrument of justice to be unjust But everyone should distance themselves 9 Chinuch The shoresh hamitzvah in a part chelek of the mitzvah 12 Yeraim The issur doraisa is only when you have an agenda and there are consequences to another But an inconsequential lie would not be assur doraisa since you re not tricking anyone but one s words make it look like trickery and would be assur drabanan possibly and only muttar for shalom 13 R Yonah it could be that even an inconsequential lie is doraisa but we don t know Case a made up story for no reason Yeraim assur drabanan R Yonah assur maybe doraisa However if it s for a good reason such as diffusing a tese atmosphere to make a constructive meeting you could make up a funny story about what happened to you on the way there if there s no other way 14 Chofetz Chaim lying outside of Beis Din is doraisa according to all 15 Aruch LNer inconsequential lies like calling someone up by the wrong name is an issur doraisa Can a gabbai call up someone by the name he gives Since it will be used as his name on the get it s a doraisa R Shimshon Hisrch in Horeb makes a strong case to have every word that comes out of one s mouth be true 16 Ran Nedarim exaggerations are a matter of vocabulary and not lies So if everyone knows that 7pm on an invitation is actaully 8pm and everyone knows then it s not sheker But if someone thinks it really means 7pm you have to tell them then you re dealing with a sheker You have to understand the vocabulary of the society It depends on the message not on the dictionary definition of the words 17 Sdei Chemed If you call yourself rabbi you have to know what that means in your society And you have to no how the government defines rabbi and whether they require that you have been ordained 18 Sanhedrin it sounds like lying for shalom and humility is assur and causes death 19 Maharal this place Kushtah is not geographic but rathar a position This amorah put himself a place where everything he said was absolutely true and therefore no one died before their time which is a form of sheker However this amorah realised that modesty is more important than truth and thus has to remove himself from the place called Kushta In summary In Beis Din misleading is assur doraisa Outside Beis Din misleading is assur Aruch l Ner doraisa and therefore a little white lie is a big fat lie Where it doesn t make a difference it s muttar for shalom modesty making someone feel good about himself in the case where he already made a purchase or for doing a mitzvah as in the R Yonah etc Anochi Eisav Bechorecha I am Eisav Your Brother Dealing with a Liar R …


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