New on the site: Michi-bot. An intelligent assistant based on the writings of Rabbi Michael Avraham.

Intentional deception of a person and its consequences

שו”תIntentional deception of a person and its consequences
asked 2 years ago

Good week, Rabbi Michi,
I would love to hear your opinions (or receive references to relevant sources) regarding the recently publicized case of a rabbi in a Jerusalem yeshiva who posed as a secular man and had marital relations with several women. I have now heard that the prosecution wants to charge him with one or another count of rape. Two main questions have arisen for me –

  1. From a halakhic perspective, is there a prohibition here beyond plagiarism or a branching of a lie (for those who believe that lying is forbidden)? After all, in halakhic law, even nine-dimensional children do not fall into the category of rape (and in criminal law, as far as I know, some of them are defined as rape for all intents and purposes). Is there a halakhic basis for treating an act done “on the knowledge” of misleading information as a more serious offense than providing false information?
  2. Is there a halakhic reference to the question of where the line is drawn between concealing relevant information, lying that is not relevant, intentional lying, deception, etc.? Ultimately, there are cases such as this one in which it is clear that the woman can claim that if she had known the truth she would never have acted in a certain way, and in other cases it is clear that even if she claimed it, we would not seriously consider such a statement (otherwise, any transaction could be canceled under the pretext of a mistake). Where does one draw the line in a case of criminal law rather than civil law (not civil law)?

Thanks in advance,
Ido

Leave a Reply

0 Answers
מיכי Staff answered 2 years ago

1. I don’t fully understand the question. You’re asking whether such an act is rape? In my opinion, no. Is it appropriate? Of course not.
2. The criterion is whether a reasonable person would have changed his decision in light of the true information.

Leave a Reply

Back to top button