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Shimon, and they warned him and saw that he ran after him into the not be afraid, Agrippa, you are our brother [because his mother was
ruins of a building. They entered after him and found a sword, with Jewish (Rashi)]. We learn that at that time destruction was decreed
blood dripping from it, in his hand and the killed man convulsing on on Am Yisrael [because they flattered Agrippa]. In the Yerushalmi it
the ground. Although the obvious appraisal of the situation is that states: Many fell dead on that day when they flattered him.
Reuven is the murderer, we do not kill the alleged murderer based on The Iggros Moshe writes that the prohibition against flattery only
this assessment. Regarding such cases, says the Mechilta, the Torah applies to a case like Agrippa’s, where the people lead him to believe
tells us (Shemos 23:7): “Do not kill the innocent and the righteous.” they agree with his violation of the prohibition. It’s possible that there
The Rambam (Hilchos Sanhedrin 20:1) rules the same. is no prohibiton when the flattery has no connection to the prohibi-
The Rambam explains why this is so (Sefer Hamitzvos, Lo Taaseh tion that the person is transgressing, such as when one praises his
#270. See also Chinuch, mitzvah #82). He writes that a probability wisdom or character. Thus, honoring the physician with opening the
can range from very probable to barely plausible to somewhere in the Aron Kodesh is a general honor that does not imply our approval of
middle. Were the Torah to permit judging capital cases on the basis his evil deeds, because everybody knows why he is being honored…
of a probability, we would slowly begin to indict alleged murderers This is not the flattery discussed in maseches Sotah.
on the basis of less and less plausible probabilities, and perhaps even I discussed these matters with my father-in-law, Rav Y. S. Elyashiv,
come to killing the innocent.
who explained as follows: Even if we assume that this is not flattery,
Even in monetary matters, we do not take money from someone it is a disgrace to the Torah, which is being used to appease the phy-
based on an assessment. As explained in Responsa Maharik (Shoresh sician so that he remain in the congregation. Although his healing
129), if a woman claims that a man had relations with her and de- the sick is important, one should not place the Torah in the hands of
mands that he pay for her sustenance, and he denies it, then even undesirable people in order to benefit the public.
if there are surrounding circumstances that back her claim, the Rif,
Rambam and Semag all rule that the halachah is not in accordance My father-in-law also said that the fact that the Tosfos (ibid., s.v. kol
with Rav Acha. In maseches Shevuos (34a), Rav Acha rules that we hamachanif) found it necessary to prove that in a case of danger it is
can reach a halachic decision based on an assessment. For example, permitted to flatter seems strange. After all, it is even permissible to
if there is a violent camel among others, and a dead camel besides violate Shabbos and Yom Kippur in case of danger to life! Nonethe-
them, we can assume that the violent one killed it, and its owner has less, the proof is necessary because it says in the Gemara that whoever
to pay for the dead camel. We do not rule according to Rav Acha, flatters his fellowman will end up falling into his hands. This is not
however. We rule, in accordance to our Sages, that the burden of a segulah but a natural phenomenon that the Creator put into the
bringing absolute proof rests on the person who wants to extract world. Since this is so, it would seem that there cannot be any benefit
money from another. This applies to any assessment in the world, no to flattery, even in case of danger to life, for one will ultimately fall
matter how convincing it is. Even in the case of Shimon ben Shetach, into the hands of the person being flattered. Therefore, the Tosfos
where someone had a sword in his hand dripping with blood, and the finds it necessary to say that once the flattery becomes permissible in
dead person is convulsing before him (maseches Sanhedrin 34b), we cases of danger, it is no longer called flattery, so it will not cause him
do not indict him as a murderer. The Sages who disagree with Rav to fall into the hands of the person he flattered. Since it can then be of
Acha maintain that in monetary matters as well, we do not rule based benefit, it becomes permitted in a time of danger.
on an assessment - even a highly convincing one. This is the halachah. But, in our case, since he is using the Torah for appeasement, there
350 1 Medical-HalacHic Responsa of Rav ZilbeRstein Telling a woman that her spouse is suspected of sin 2 375 # 20818
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