What if there were a mandate that both candidates, in the debates and in the times directly before and after, would also have to follow halacha?

Let’s explore this a bit.

LYING

During the actual debate on Monday evening at Hofstra University, both candidates told some whoppers. Both Hillary Clinton and Donald Trump fully denied saying things that they had actually said. Regarding the prohibition found in parshas Mishpatim of “MiDvar Sheker Tirchak – stay away from a false matter (Shmos 23:7) ” we have three opinions: The Chofetz Chaim writes in his Sefer Ahavas Chesed that the verse MiDvar Sheker Tirchak is a full-blown biblical prohibition. Other Rishonim write that it should be understood as good advice, but is not fully binding. A third opinion holds that the verse was directed to judges in a court case, and not, in fact, to lying.

How do we rule? The halacha follows the view that it is a fully binding Mitzvah.

Some background now. The Trans-Pacific Partnership (TPP) is a secretive, multinational trade agreement that threatens to extend restrictive intellectual property (IP) laws across the globe and rewrite international rules on its enforcement.

Thus, Hillary Clinton, who denied that she had called the Trans-Pacific Partnership “the gold standard of trade deals,” would have been in violation of the prohibition. She did call it that.

She also lied about Trump paying no federal taxes. In the five year period under discussion, Trump paid taxes in 1975, 1976, 1977 but did not in 1978 and 1979. Hillary Clinton was thus in violation of MiDvar Sheker Tirchak.

Mischaracterizing what another says is also a form of lying. Hillary said that Trump rooted for the housing crisis. Obviously this was misconstruing his remarks.

LIFNEI IVER

The Torah (VaYikrah 19:14) tells us not to place a stumbling block before the blind. “You shall not curse the deaf nor place a stumbling block before the blind; you shall fear your G-d -I am your L-rd.” Hillary Clinton set a perfect trap for Donald Trump in regard to the Alicia Muchado issue. Alicia Machado, the former 1996 Miss Universe, had alleged that Trump called her names such as “Miss Piggy” and “Miss Housekeeping” after she had gained weight. Trump had bought the pageant the previous year.

Clinton knew that her raising the issue would cause an argument between Trump and Machado, and that argument would both win her votes and prevent Trump from making gains. Causing a machlokes between others is a form of Lifnei Iver – placing a stumbling block before the blind.

In the days following Monday’s debate, Trump has entered into a public argument with Muchado and is now seriously jeopardizing the Latino vote. He allowed Hillary to rehash his past attacks of the former Miss Universe for gaining too much weight. This trap set by Hillary is now dominating all media conversation. The talk is galvanizing Latinos to come behind Hillary and has pretty much stopped undecided women from moving toward Trump.

During a recent Fox News interview, Trump admitted to getting a little too irritated “at the end, maybe” when Hillary had dug up Alicia Machado.

MOVING UP BY EMBARRASSING THE OTHER

In Hebrew it is called “Miskabed bikalon chaveiro” – receiving honor through the embarrassment of another. The Midrash Rabbah (Bereishis 1:5) quotes Rabbi Yossi Bar Rabi Chanina that whomsoever receives honor through the embarrassment of another has no share in the world to come. It is also cited in the Talmud Yerushalmi (Chagigah 2:1). Hillary Clinton’s citing all the names that Trump had called others, especially Alicia Muchado with him allegedly having called her “Miss Piggy”, and having them in the audience would seem to be a violation of this.

Similarly, Trump having said, “I do want to bring up the fact that you were the one that brought up the words super-predator about young black youth” is another example of moving up by embarrassing another. Hillary stating, “Donald started his career back in 1973 being sued by the Justice Department for racial discrimination because he would not rent apartments in one of his developments to African-Americans” is also an example of this.

NAME-CALLING

Hillary Clinton used Trump’s name in a pejorative, negative fashion. She said, “I call it trumped up trickle-down because that’s exactly what it would be.” This is a violation of hamechaneh shaim rah l’chaveiro. The Gemorah in Bava Metziah (58b) states that all the people who descend to Gehenam arise from there with the exception of three people. Adulterers, those who affix a pejorative name to another and one who embarrasses his friend in public. These three never arise. This halacha is quantified in Shulchan Aruch (Choshen Mishpat 228:5) – when the intent is to embarrass the other.

It seems obvious that Hillary’s intent was to embarrass Donald Trump. Although he did not do so in the debate itself, Donald Trump violated this as well, throughout the campaign with such appellations as “Lyin’ Hillary” and more. The Rambam (Hilchos Teshuvah 3:14) lists this as one of the 24 categories of people that have no share in the world to come.

MIDOS

In the days that followed the debate, Hillary Clinton gloated over her perception of how she did. Donald Trump was apparently fuming over a number of issues. Fuming is a manifestation of Ka’as, anger, something that the Mussar Seforim tell us to stay far from. The Rosh tells us to distance ourselves form this evil character trait. Gloating is also a form of Miskabed b’kkalon chaveiro – something described earlier. It is not a good character trait and takes us away from our obligation to emulate Hashem.

BITUL TORAH

Although it may seem to be a side issue, the debates in Hofstra University actually caused the closing of the Hebrew Academy of Nassau County (HANC) on Monday. The Gemorah in Shabbos (119b) quotes Rav Hamnunah that Yerushalayim was only destroyed because of the Bitul Torah of the tinokos shel bais rabban – the children studying Torah under their master. Rabbi Shimon Bar Yochai states that the world only exists on account of the study of young Yeshiva students – who have no sin. Furthermore, the Gemorah tells us that we do not stop Yeshiva students from learning – even to build the Bais HaMikdash. We see from all this that being the cause of the cessation of Torah study is a serious prohibition.

CONCLUSION

Hopefully, from all of the above, we have discovered numerous halachic violations involved in participating in a presidential debate – if one was Jewish. The issues involve lying, moving up by embarrassing others, Lifnei Iver, Name-calling, Midos, and – in this case, causing Bitul Torah. Of course, these issues apply to us in all aspects of life, not just in this theoretical discussion of what would happen if presidential candidates had to keep halacha. Indeed, many of these issues to a certain degree might apply to gentiles as well, according to some Poskim.

The author can be reached at yairhoffman2@gmail.com