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Q&A: Deliberately Misleading a Person and Its Implications

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Deliberately Misleading a Person and Its Implications

Question

Have a good week, Rabbi Michi,
I’d be glad to hear your views (or get references to relevant sources) regarding the case that was publicized not long ago, about a rabbi at a yeshiva in Jerusalem who posed as a secular man and had sexual relations with a number of women. I’ve now heard that the prosecution wants to charge him under some category or another of rape. Two main questions occurred to me –

  1. From a halakhic perspective, is there a prohibition here beyond deception or an offshoot of lying (for those who hold that lying is prohibited)? After all, in Jewish law even the “children of nine traits” are not put in the category of rape (whereas in criminal law, as far as I know, some of them are defined as outright rape). Is there a halakhic basis for treating an act done “on the basis of” false information as a more serious offense than merely giving false information?
  2. Is there any halakhic discussion of where the line is drawn between concealing relevant pieces of information, lies that are beside the point, deliberate lying, deception, and the like? In the end, on the one hand there are cases like this one, where it is clear that the woman can claim that if she had known the truth she would never have acted in a certain way, while in other cases it is clear that even if she makes such a claim we would not take such a statement seriously (otherwise any transaction could be voided on the pretext of a mistaken purchase). Where is the line drawn in a criminal-law case rather than a civil one (Orach Chayim rather than Choshen Mishpat)?

Thank you in advance,
Ido

Answer

1. I don’t fully understand the question. Are you asking whether such an act counts as rape? In my opinion, no. Is it proper? Certainly not.
2. The criterion is whether a reasonable person would have changed his decision in light of the true information.

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