JCast Network

Your Source for High Quality, Diverse On-Line Jewish Content

[column size="1-4" last="0" style="0"]Honest To God[/column] [column size="3-4" last="1" style="0"]
Honest To God is the blog of Rabbi Jeremy Kalmanofsky. Rabbi Jeremy Kalmanofsky is the spiritual leader of Congregation Ansche Chesed in Manhattan, where he lives with his wife and four children. Following his ordination at The Jewish Theological Seminary in 1997, Rabbi Kalmanofsky served as instructor, adviser, administrator, and assistant dean of The Rabbinical School of the Jewish Theological Seminary, where he remains a faculty member. He loves studying Torah, davening, Chicago Bears football, Bruce Springsteen's music, and the films of Cameron Crowe. Rabbi Kalmanofksy teaches at Ivry Prozdor on Sunday mornings.
[/column]

September 1, 2011

Honesty on Paternity (NYT Ethicist)

This week’s Sunday NY Times “Ethicist” column was a fascinating reflection about honesty and deception. The questioner was a man who years ago had an adulterous affair with a neighbor, and he writes that he is the biological father of her child. Neither the child’s presumptive father – that is, the woman’s husband – nor the girl herself has any knowledge of this. Does the girl have a right to know her true parentage upon adulthood? Even earlier? Does he have the right to throw his neighbor’s marriage into havoc with this revelation?
The “Ethicist,” Ariel Kaminer, did a good job of addressing the question in consequentialist terms: that is, what would be the practical outcome of such a revelation? She denied that telling the truth as a general duty could trump the actual effects of such a revelation on everyone’s lives. The best argument for revealing the truth would be consequentialist, she said: the girl would need to know her true family medical history. Similarly, Kaminer wrote the strongest argument for keeping up the falsehood would be that revealing this information could destroy what may otherwise be a happy family. Kaminer wisely urged the man to scrutinize his own motives: was he considering coming clean to serve the girl’s right to know the truth, or his own emotional need to tell it.
There are no easy answers to this multi-faceted question. In the end, I agree with Kaminer’s general inclination that it would be best for the man not to reveal the girl’s paternity, even though it certainly would be deceptive for him to do so. In this case, maintaining a lie of omission is probably the way to go.
(By the way, how rare are such “non-paternity” cases? A well-known urban scientific legend has it that up 10 percent of children are not the biological children of their apparent fathers. According to that unimpeachable source Wikipedia (although the footnotes look good here) that number is too high. But the true number is not negligible. One reported median number for “non-paternity events” among scientific studies was 3.7 percent. Even if the number falls to 1 or 2 percent, that’s still a lot of dark secrets to keep.)
A few thoughts on this theme in Judaic terms. First, on the apparent fact of this man’s paternity of the girl, based on the mother’s word. Well … how sure can you be about this? How does the mother even know for certain? Unless she had no intercourse with her own husband for, let’s say, a full menstrual cycle on either side of the cycle in which the apparent conception occurred, it is certainly possible that the husband is actually the biological father. And if this were the facts of the case, then her husband has probably figured out his own non-paternity on his own.
In fact, even if the mother is pretty sure her lover were the father, Jewish law would presume the husband to be the biological father in any case: “Rabbi Tahlifa of the West taught in the presence of Rabbi Abahu: The children of a known adulteress are presumed to be legitimate, for most acts of intercourse were with the husband [B. Talmud Sotah 27a].” This law is codified (with slight nuance) in Shulhan Arukh Even HaEzer 4.15. Even if the husband were out of town from his wife for up to 12 months before the birth of the child, he remains the presumptive biological father, according to Jewish law.
Now all this might be dismissed in our day as the product of scientific ignorance, now resolvable by DNA testing. But the woman in the Ethicist anecdote is apparently unwilling to perform such a test on her daughter.
But more to the point, I think the Talmudic and Halakhic motivation is ethical, not merely an outgrowth of weak ability to verify genetic data. A similar case (without reference to paternity) is discussed in responsa literature. Although there are some estimable figures who disagree (esp. Rabbi Ezekiel Landau, the “Noda BiYehuda”), a powerful argument is made by Rabbi Hayim Halberstam (d. 1876), of Sanz, that one should not reveal to a man that his wife has cheated on him. In the case before Rabbi Hayim (Responsa Divrei Hayim, OH 1.35), the former paramour wanted to repent. But in view of the public shame that such a revelation would cost the husband, the wife and the lover and all their families, Rabbi Hayim ruled that he should continue the deception through his lies of omission, rather than ruin all their lives for the sake of unburdening his conscience.
There is something tragic about all this. We might hope that people could rectify evil actions with noble ones. But in this case, the path forward holds no possibility of repairing the sin, only the chance not to exacerbate it. And even that possibility can only be attained, not through good actions, but by the fundamentally wrong act of maintaining a lie. The subject of that story in the Divrei Hayim and in the Ethicist had each done something terrible. But living with their guilt is part of the moral burden they now must carry to avoid further hurting everyone involved. All this ends up being quite close to Kaminer’s argument in the Ethicist.
Can this be squared with the Torah’s multiple prohibitions on lying? (eg Exodus 23.7: “Keep far from falsehood.”) Kant regards such a duty as a categorical imperative, applicable at all times, in all circumstances. Judaically, I think, the consequentialist argument carries real weight, as Rabbi Hayim’s argument shows. You have to ask yourself whether “letting the law pierce the mountain” will actually benefit the world around you? Or will it only ease your conscience, but cause worse pain to those already victimized?
In an admittedly less weighty case, the Talmud (B. Ketubot 17a) gives us a good rule of thumb. Beit Hillel and Beit Shammai debate the problem of white lies. Should one compliment an ugly bride (Hillel) or should one tell the truth, however the poor girl may feel afterward (Shammai)?
The Talmud endorses Hillel’s kindly view, no surprise, and gives us a great empathetic rule of thumb: “A person’s mind should always be bound up with other people’s feelings.”
Honesty is necessary. But brutal honesty? That’s brutal.

  • Author
  • Recent Posts
Rabbi Jeremy Kalmanofsky
Jeremy Kalmanofsky has served as rabbi at Ansche Chesed since 2001. He loves working at this synagogue because our community embodies the best of committed Jewish life: study that stretches the mind, ritual that moves the heart, and acts of caring that improve the world. You will find him engaged in each of these areas of Jewish life at Ansche Chesed.He particularly enjoys opportunities to talk with our members about their own spiritual journeys. “My favorite line of classical prayer is P’tach Libi, open my heart,” he says. “That is what religion is meant for: opening up your heart to life.” He is grateful for the opportunities to share the special moments of your lives, whether joyous or sad.Rabbi Kalmanofsky is a diligent student, especially in the traditions of Jewish thought and mysticism, and engaged daily with Talmud.He was ordained in 1997 by the Jewish Theological Seminary, where he was a Wexner Graduate Fellow. He also studied Torah at Machon Pardes in Jerusalem, and earned a B.A. at Cornell University. He and Dr. Amy Kalmanofsky have four children: Yedidya, Hadas, Isaiah and Odelya.
Latest posts by Rabbi Jeremy Kalmanofsky (see all)
  • Nedarim, Daf 79 - January 12, 2023
  • Nedarim, Daf 78 - January 11, 2023
  • Nedarim, Daf 77 - January 10, 2023

Rabbi Jeremy Kalmanofsky
Filed Under: Honest To God

  • Author
  • Recent Posts
Rabbi Jeremy Kalmanofsky
Jeremy Kalmanofsky has served as rabbi at Ansche Chesed since 2001. He loves working at this synagogue because our community embodies the best of committed Jewish life: study that stretches the mind, ritual that moves the heart, and acts of caring that improve the world. You will find him engaged in each of these areas of Jewish life at Ansche Chesed.He particularly enjoys opportunities to talk with our members about their own spiritual journeys. “My favorite line of classical prayer is P’tach Libi, open my heart,” he says. “That is what religion is meant for: opening up your heart to life.” He is grateful for the opportunities to share the special moments of your lives, whether joyous or sad.Rabbi Kalmanofsky is a diligent student, especially in the traditions of Jewish thought and mysticism, and engaged daily with Talmud.He was ordained in 1997 by the Jewish Theological Seminary, where he was a Wexner Graduate Fellow. He also studied Torah at Machon Pardes in Jerusalem, and earned a B.A. at Cornell University. He and Dr. Amy Kalmanofsky have four children: Yedidya, Hadas, Isaiah and Odelya.
Latest posts by Rabbi Jeremy Kalmanofsky (see all)
  • Nedarim, Daf 79 – January 12, 2023
  • Nedarim, Daf 78 – January 11, 2023
  • Nedarim, Daf 77 – January 10, 2023

Podcasts

Amen Corner
Amen Corner
Behind The Ballot Box
Behind The Ballot Box
Daily Daf Differently
Daily Daf Differently
JCast Journey
JCast Journey
Kvetch
Kvetch
PopTorah
PopTorah
Sermons
Sermons
Shtender
Shtender
Smorgasbord
Smorgasbord
Taste Of Romemu
Taste Of Romemu
This Weeks Torah
This Weeks Torah
Tisch
Tisch
Two Minutes of Torah with Rabbi Danny
Two Minutes of Torah with Rabbi Danny

Retired Podcasts

Abba Camp
Abba Camp
Ask The Rabbi
Ask The Rabbi
Beyond Chelm
Beyond Chelm
Fallow Lab
Fallow Lab
From Dreams To Deeds
From Dreams To Deeds
Isabella Free Radio
Isabella Free Radio
Jewish Food For Thought
Jewish Food For Thought
Jewish Hour
Jewish Hour
Meet Me At The Tzomet
Meet Me At The Tzomet
NYC Jewish Tech Meetup
NYC Jewish Tech Meetup
Oy Vey! Isn’t A Strategy
Oy Vey! Isn’t A Strategy
Re-Arranged
Re-Arranged
Rega Shel Ivrit
Rega Shel Ivrit
Schmoozer
Schmoozer
Two Jews On Film
Two Jews On Film
Verse Per Verse
Verse Per Verse
WORD
WORD

Blogs

DiaTribe
DiaTribe
Eat Play Love
Eat Play Love
Fifth Child
Fifth Child
Honest To God
Honest To God
Ish Ben Partzi
Ish Ben Partzi
Kfar HaMorim
Kfar HaMorim
Parsha, Parsha, Parsha
Parsha, Parsha, Parsha
Torah Limericks
Torah Limericks

Contact Us

305 Riverside Drive, Suite 2C
New York, NY 10025
Phone: 785.579.9558
eMail: druskay@jcastnetwork.org
Facebook
Twitter

Search The Site

Donate

Copyright © 2026 · Education Pro on Genesis Framework · WordPress · Log in