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82a

New York - There are three opinions cited by the Poskim about the verse “MiDvar Sheker Tirchak – stay far from a matter of falsehood.”  One opinion states that it is a straight out halacha.  Another opinion rules that it is merely good avice.  A third opinion holds that it is an instruction given by the Torah to judges adjudicating a court case.

The Chofetz Chaim rules in accordance with the first position.  It is possible that there is a proof to this opinion from our Gemorah in Bava Basra 82a.

The Gemorah discusses a case about one who brings Bikkurim fruit in a specific case where there is a doubt as to whether they are, in fact, true Bikkurim or not.  The halacha is that the Bikkurim declaration is not recited.  The Gemorah cites a debate as to why the declaration is not recited since it is just verses in the Torah being recited.

Rav Ashi explains that it is not recited because of a concept called “Mechzay KeShikrah” it appears like an untruth.  Rav Mesharshiya says that it is because people might mistakenly say that these fruits or fruits like it would be exempt from Trumah and Maaser since real Bikurrim are exempt.

Normally, we rule that doubts on a biblical obligation are to be ruled stringently.  Since there might be a biblical obligation to recite the declaration, by rights he should make the declaration.  We don’t because of their respective reasons.

According to Rav Ashi not every case is one of a violation of Mechzi KeShikrah since it could be that it is Bikkurim.  In fact, the halacha is changed here because of a concern that maybe, it would give the appearance of a lie.  It is difficult to imagine that Rav Ashi would rule so strictly if he understood the verse of MiDvar Sheker as not obligatory.

What is also interesting to note is that not one Posaik rules like either opinion.  We do find Shaages Aryeh #90 that there may be differences between the two opinions.  Perhaps the other two opinions cited could hold like Rav Mesharshiya in regard to the reason for not reciting the declaration regarding Bikkurim.

Regardless, we see the importance of how much we must value truth from the extent that Rav Ashi forbade a positive recitation in the Torah on account of this concern.

What is interesting to note is that none of the Poskim tell us who we rule like. 

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