The Weekly Daf #85
Shavuos 28-34
Week of 25 Elul 5755-2 Tishrei 5756 / 20-26 Sept. 1995
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions
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              We wish all of our readers a Ketiva v'Chatima Tova.
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                             Two Lines of Lying

It is not sufficient to avoid telling an outright lie.  The Torah (Shmos
23:7) insists that "you must distance yourself from falsehood."  What are
the examples of outright lying and only keeping a safe distance?

Case One:
   A teacher tells his disciple: "You know that I would never lie even if
   they gave me a fortune of a hundred weights of silver.  Reuven owes me
   some money and I only have one witness to testify in my behalf.  I want
   you to testify as a second witness based on your confidence in me that I
   am telling the truth."

   If the disciple testifies as requested he is guilty of an outright lie
   and has transgressed the Torah prohibition against bearing false
   witness.

Case Two:
   A teacher tells his disciple: "I have only one witness to prove my
   claim.  All I ask of you is to stand next to him in court so that Reuven
   will assume that you are also a witness and he will be intimidated into
   admitting his guilt."

   If the disciple does as requested, even though he has not uttered one
   word of untruth, he is guilty of not distancing himself from falsehood.
                                                                Shavuos 31a

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                             Case of the Cane

A case come before the Sage Rava in which the borrower claimed he had paid
the creditor his entire debt and Rava instructed him to take an oath to
verify his claim.  Unknown to the court the borrower put the contested sum
of money into a hollow cane which he used to support himself.  When the
time came to swear he asked the creditor to hold his cane for him while he
took a Sefer Torah in his arms for the purpose of taking an oath.  The
creditor became so incensed to hear him brazenly swear that he had given
him the money in question that he angrily smashed the cane.  As the money
came pouring out it became clear to the court that this had been a clever
subterfuge to lie about repayment without actually swearing falsely,
because he had indeed given the creditor the contested sum of money.
In truth, however, he was guilty of taking a false oath.  When the court
orders a litigant to take an oath he is specifically informed that the oath
is in accordance with the court's understanding and not what he is thinking
at the moment of oath-taking.
                                                                Shavuos 29a
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