Page 359 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A
P. 359
Pg: 359 - 12-Back 21-10-31
from David Hamelech’s wish to serve idols in order to avoid the des-
ecration of Heaven’s Name. He wanted to avoid people chas veshalom
saying that Hashem was unjustly punishing a pious king. He there-
fore planned to worship an idol publicly so that everyone would know
that his fate was deserved. According to his calculation it would have
been preferable that he transgress the cardinal sin of idolatry rather
than Heaven’s Name being desecrated. Chushai Ha’arki told him
though that even if were he to serve an idol, Heaven’s Name would
still be desecrated because people would say that a pious king was
worshipping idols. David Hamelech, therefore refrained from taking
any action. (see Sanhedrin 107a)
It is a great mitzvah though to persuade her through financial in-
centive and by explaining to her that aborting her fetus will not prove
to be her salvation, until she becomes dissuaded from aborting.
There is however another way to prevent the abortion, namely by
threatening the seducer to publicize his disgrace. This can be done
in a situation where he promised her he would marry her and in ex-
change for his promise she consented to him and became pregnant
and she now demands that he fulfill his side of the bargain. In the
Beis Meir (at the end of Even Ha’ezer) it is stated that the argument
can be made that he is obligated to marry her in exchange for her
having consented to him. In such a case he is reneging on his promise
and it is possible to threaten him with publicizing his shame in pub-
lic. However, all this must be done in conjunction with beis din, after
they have heard both sides and after it has become clear to them that
it is true that he promised to marry her. This way avoids deceiving
her and involves coercing him instead, even through shaming and
disgracing him publicly.
Now the Rambam writes (Moreh Nevuchim 3, Chap. 49),“Her se-
ducer is not liable for anything [i.e. any penalty] beyond marrying her,
because he undoubtedly was good to her… and he [i.e. her seducer]
will better rectify her situation than by her marrying someone else.
And if either she or her father doesn’t want him [to marry her] he
shall pay [her father] the dowry.” It is clear from the Rambam’s com-
Lying to Prevent Abortion 2 343