False court testimony to protect Jew from going to jail

 Steipler Rav (Within the Domain of Gedolei Torah Vol 2 page 557-560): The rav of Komemiyus, Rav Binyamin Mendelson approached Rav Shlomo Lorenz concerning someone who had committed a crime in the past. Then he had been sentenced to a number of years of jail – but had been placed on probation and wasn’t imprisoned.  However the person eventually committed the crime again and now was being tried a second time. Rav Mendelson said that he knew this person and felt he deserved mercy - especially for his wife and children. Therefore he said there was an obligation to try to keep him out of jail - not only for the sake of his family - but because it was obvious that being in jail with hardened criminals would not serve to rehabilitate him. Therefore Rav Mendelson asked me to testify as a character witness at the trial to try and stop the jail sentence.

Rav Lorenz told him that while normally he would readily agree to whatever he asked. However in this case he knew that his testifying in court to aid a criminal would become public knowledge. This would cause a chilul HaShem because it would create the impression that the representative of the Torah world not only identified with the criminal but also offered him assistance. Therefore he told Rav Mendelson that he wanted to consult with the Steipler Rav before he did anything. Rav Mendelson agreed but requested that the Vishnitzer Rebbe also be consulted.

When Rav Lorenz told the story to the Steipler Rav, the Steipler screamed, “A Jew who sins and repeats that sin, it is better that he be punished in this world and not – G‑d forbid – in the World to Come.” He explained, “The punishment in this world is minor compared to what happens in the World to Come. Furthermore if you succeed in stopping the jail sentence he will continue to repeatedly commit this crime. It is better that he receive his punishment and perhaps learn self‑restraint…In addition if I give you permission and you testify for his benefit it is obvious that every newspaper and all the public media will publicize the matter and it will also be a chilul HaShem when he sins again…”

Rav Lorenz then went to the Vishnitzer Rebbe and told him what the Steipler Rav had said. The Vishnitzer Rebbe replied, “There is no question that the Steipler Rav is correct in every detail and I absolutely agree with him. But there is also the concept of ‘Going beyond the letter of the law.’ There is also the attribute of mercy. Therefore I think there is reason to have mercy on his wife and children…However I only have one problem – the issue of chilul HaShem which the Steipler mentioned…. Therefore you need to find a way of testifying that won’t cause chilul HaShem.”

Rav Lorenz told the Steipler Rav the words of the Vishnitzer Rebbe. He gave a long sigh and said, “It is possible to do as the Vishnitzer Rebbe requested, even though my opinion is that the person should be punished rather than be helped. However this can only be done on the condition that the testimony is not public so that it won’t –G‑d forbid – cause chilul HaShem.”

Rav Lorenz complied with their wishes and contacted the judge and told him he had a highly irregular request to make that he was doing on the behalf of gedolim to avoid chilul HaShem.  He met with the judge and told him that the Vishnitzer Rebbe asked for mercy for the criminal not to give him any jail time at all. The judge replied that since the criminal had violated probation that was impossible. Furthermore he agreed with the Steipler Rav that if the criminal were not imprisoned he would continue committing the crime. So he did not see how he could simply set the man free.

Rav Lorenz told the judge that Rav Mendelson had said that the criminal would not go unpunished. Rav Mendelson said that the rabbis would punish him according in the manner that was normal in these cases such as forty days of fasting and other such things. Rav Mendelson felt that this punishment would be more beneficial in rehabilitating the criminal than being sent to prison with hardened criminals. While the judge agreed with this he said he still had the major problem that freeing him was clearly against the law. Rav Lorenz told him that he was sure that the judge would figure out something – which he did. The criminal was again placed on probation.

However as predicted the criminal was not able to withstand temptation and he committed the crime again. This time he was sent to jail where he died.