by Rabbi Yair Hoffman for the Sefas Tamim Foundation

QUESTION:  My friend didn’t do her report which had to be handed in on a certain date.  As a classmate was collecting the reports, my friend placed hers in the middle of the pile.  She later admitted to me that she did not do the assignment but rather she only wrote the last few lines of the conclusion on page two.  She wanted to fool the teacher into thinking that the teacher was the one who had lost the first page and would not force my friend to “redo” the bulk of the assignment. She claims that she isn’t lying.  I think that it is lying.  Who is right?

ANSWER:  It is highly likely that this is even beyond lying, and a violation of Geneivas Da’as.  The prohibition of geneivas daas, is generally defined as fooling or deceiving others in physical practice. The Gemara in Chullin (94a) cites Shmuel as saying that the prohibition applies to everyone.

The Gemara in Chulin 94a cites a Baraisah which discusses four examples given by Rabbi Meir of things that are forbidden on account of the issue of geneivas daas. 1] It is forbidden to repeatedly invite someone to a meal when you know that he will refuse 2] It is forbidden to repeatedly offer gifts when you know that he will refuse 3] It is forbidden to appear to open up a new barrel of wine (when one is actually opening it for a previous sale) unless one informs him of the real reason he has opened it [the underlying issue is that the wine will not last as long now that the barrel is open and it is a big favor to the guest] 4] It is forbidden to offer someone oil from an empty flask to anoint oneself when one knows full well that the person will refuse it. If, however, he is offering the oil to show (others – Rashi) his fondness for the person it is permitted.

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We see, therefore, that geneivas daas is violated even if there is a non-financial deception. [This is true in the case of asking for a chessed when one is getting paid and the others do not know.]

WORSE THAN LYING

In regard to the verse of midvar sheker tirchak stay away from a false matter, there is a three way debate as to how we understand this pasuk. The Chofetz Chaim rules in his ahavas chessed that there is an out and out prohibition to lie. This is in accordance with the view of many Rishonim. Other Rishonim hold that the verse is merely good advice, but not halacha. A third opinion holds that it is applicable to judges adjudicating law. Generally speaking, the view of the Chofetz Chaim is normative halacha.

The prohibition of deceiving, however, is a clear out and out prohibition according to all opinions. According to the Sefer Yereim and the Ritvah it is a biblical prohibition. According to the Smak the prohibition is derabanan. But all hold that it is a full blown prohibition.

The Mishna in Bava Metzia (59b) tells us that it is forbidden to mix older produce with newer produce and sell them together as one package. This is a parallel to our case. The Gemorah in Bava Metziah 60b has more cases where a seller makes animals and animal skins look newer through artificial means. These too are forbidden on account of Geneivas daas. While it is true that these cases in Bava Metziah are dealing with a sale, but if we combine this with the Braisah in Chullin then we may have a parallel.

There is a fascinating Shaarei Teshuva (3:181) which states that the leniency of “mutar l’shanos mipnei hashalom, sometimes it is permitted to tell a lie to maintain peace” does not apply to Geneivas daas. Geneivas daas is an important and essential value in Torah Judaism.

Rav Moshe Feinstein zt”l in Igros Moshe Choshen Mishpat II #30 states that cheating on tests also involves other forms of theft in that people hire you later on based upon their impression that you graduated honestly from your schooling.

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This article is from a weekly Parsha Sheet dedicated to the promotion of honesty and integrity.  To receive it, please send the word “Subscribe” in the subject line to [email protected].