Tricking a Cheater

  • Living The Halachic Process
  • part 7
  • Rabbi Daniel Mann
Question:
If someone asks me for an answer during a test, may I tell him the wrong answer? (I prefer not to refuse others’ requests. I do not want to suffer socially, and I am happy for the cheater to get what he deserves.)
Answer:

Cheating on a test is an example of geneivat da’at (deception),[1] which is forbidden whether one fools a Jew or a non-Jew.[2] Some consider geneivat da’at to be a Torah prohibition, under the rubric of stealing.[3] It is highly destructive to one’s moral character[4] and distances him from the path of the One whose “seal is truth.”[5] Indeed, the amount of cheating that occurs in far too many of our schools is tragic, and it is sometimes committed even by people who are generally morally/religiously “quality students.” Your frustration is thus justified, but your suggestion is flawed on several important grounds. We will divide our discussion based on the motivations you have mentioned, starting with the simpler one.
Geneivat da’at applies to such seemingly innocuous situations as making someone think you did him a bigger favor than you actually did.[6] Rashi[7] explains that it is prohibited because one makes the recipient unnecessarily grateful. This leads to an important question: Is the deceptive act intrinsically forbidden, or is the prohibition dependent on the chance that the deceiver will receive “in return” from the recipient something the recipient would not otherwise have given him? While substantiating the following claim is beyond our present scope, it seems clear that such deception is a violation as long as one intends it to be impactful, even if the impact never comes to fruition.[8] Thus, for example, every test answer taken from an illicit source is forbidden, even if the examinee’s final grade (including F) was not improved by the cheating.
Based on the above, the cheater violates geneivat da’at even if you give him the wrong answer. Consequently, you will violate lifnei iver[9] (the prohibition on facilitating another person’s prohibited action)[10] by providing him with an answer other than his own that he will present to the teacher in a forbidden manner. “Giving him what he deserves” does not justify your violation of lifnei iver for aiding him in his aveira, even if it were “morally justified.” In fact, giving him the impression that you are helping him is in and of itself geneivat da’at.
If feasible, you should rebuke the perpetrator, acting not only out of love of the mitzvot, but also out of love of the unfortunate sinner, who needs guidance.[11] Even if this is not feasible,[12] you should not give the impression of agreeing with his cheating, which may be a form of lifnei iver[13] and a chillul Hashem. Additionally, while there are cases in which it is justified to act deceitfully with the deceitful,[14] there is no compelling reason to think that this is one of those cases.
The question of whether or not your concern for your social standing justifies making the cheater believe you are going along with his request is a good one, since such situations can sometimes create serious problems. The gemara[15] allows significant halachic leniency to avoid embarrassment. In a past response, we suggested that one might not be required to try to get fare-beaters to pay, including by informing the bus driver, due to concern about potential unpleasant reaction.[16] Similarly, your fear might suffice to allow you to not rebuke the fellow student or tell the proctor about the cheating. However, taking part in the cheating (even with the wrong answer, as discussed above) is more difficult to justify.
One might claim that if the cheater could cheat from someone else, you would only be violating a Rabbinic version of lifnei iver,[17] and there are times that one may violate Rabbinic prohibitions in order to avoid serious embarrassment.[18] However, such leniencies apply when there is a conflict between one’s dignity and a Rabbinic prohibition. Here, in contrast, the embarrassment is that you will be scorned for your halachically-mandated morality, and one is not supposed to shy away from such conviction simply because others scorn it. Therefore, even if many peers tragically rationalize or otherwise fail to observe this halacha, you must stand your ground and refuse to take part in it. This situation is comparable to one whose friends invite him to eat (even Rabbinically) non-kosher food and will ridicule him if he refuses. We expect such a person to stick to his principles, as obligated.
We wish you hatzlacha in protecting yourself from the moral corrosiveness of cheating and from the barbs of those who cheat – but in the appropriate way.

** Notes:
[1]
Igrot Moshe, Choshen Mishpat II:30.

[2]
Chulin 94a.

[3]
Ritva ad loc.

[4]
Sha’arei Teshuva 3:184.

[5]
Shabbat 55a.

[6]
Chulin 94a.

[7]
Ad loc.

[8]
See Igrot Moshe op. cit.

[9]
Vayikra 19:14; see Avoda Zara 6b.

[10]
See ibid. and Shach, Yoreh Deah 151:6, regarding when the facilitator violates a Torah prohibition and when he violates only a Rabbinic prohibition.

[11]
See Rambam, De’ot 6:7.

[12]
See Yevamot 65b.

[13]
See Shach op. cit.

[14]
See Tehillim 18:27 and the Yaakov-Lavan story in Sefer Bereishit.

[15]
Berachot 19b; see also Rambam, Kilayim 10:29.

[16]
Living the Halachic Process, vol. III, I-8.

[17]
See Shach op. cit.

[18]
Berachot op. cit.

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