Emuna: Revealing State Secrets: A Grave Sin, or a Holy Obligation?

Abridged from an article by Rabbi Professor Neriah Gutel, former President of Orot Yisrael College and Research Division Head in the Torah and State Institute, yeshiva.org.il, translated by Hillel Fendel.

Even if many of the details in the ongoing case of the non-commissioned officer who revealed a secret document to the Prime Minister are still unknown to the public (the officer is still in prison, despite the official stance of the Shabak), we are not exempt from studying the basic question of the Torah's approach to the matter of revealing secrets.

The Torah charges us: "Do not go around as a gossiper among your people" (Lev. 19,16). This is a very grave prohibition, which according to the Chafetz Chaim can lead to no fewer than 31 Torah violations. The Rambam and the Shulchan Arukh, who do not mention "revealing secrets" as a specific prohibition, apparently hold that it is one of those many violations.

The S'mag, however, in his book detailing the 613 commandments, states that the ban on "going around as a gossiper" refers specifically to one who was told a secret and then tells it to a third party. The S'mag even adds that violating this prohibition could lead to bloodshed, and that not for naught is this Torah ban followed immediately by the words, "Do not stand idly by [when] your neighbor's blood [is in danger]." Rabbeinu Yonah and the Meiri also agree that revealing secrets is directly forbidden.

The Talmud explains that the first verse in Leviticus indicates that one must never repeat anything that is told him unless the speaker gives express permission. The verse says that G-d "called to Moshe and spoke to him from the Tent of Meeting, to say." [The Torah Temimah explains that] without the words "to say," Moshe would not have been permitted to repeat it over to Israel.

The gravity of this prohibition can be seen in its numerous repetitions by King Solomon, such as, "He who reveals secrets is a talebearer, but one of faithful spirit conceals a matter" (Proverbs 11, 13), and "Have your quarrel with your friend, but do not divulge another's secret" (25,9), and more.

Because of this prohibition, the Sages ruled that once a panel of judges has handed down its ruling, no member of the panel may publicize which judge had which opinion. "I wanted to exonerate you, but the others overruled me," is precisely what a judge may not say afterwards to the party who was found guilty or liable. Ever more telling is what the Gemara (Sanhedrin 31a) relates, that when it was found that one of the students in the Study Hall had revealed a secret or matter of gossip that was said there, he was ordered to leave – even though 22 years had passed!

However, all of this is just one side of the coin. The other side, which is almost diametrically opposed, is best expressed in the words of the Pitchei Tshuvah, who writes as follows:

"The mussar books and the Magen Avraham here wrote at length of the gravity of speaking lashon hara, and I see fit to point out, on the other hand, that there is an even greater sin, which is also quite common, and that is when one refrains from telling his friend something that can save him from grave harm… For instance, if one sees that another is seeking to kill his friend, or to rob from him at night, and he refrains from informing and warning him in advance because he feels this would be lashon hara – his sin is "too great to bear," and he is in violation of "do not stand by your neighbor's blood." This is true also for monetary matters, for there is no difference if he sees someone stealing from his neighbor, or his partner stealing from their business, or someone deceiving the other in business, or he sees that he is lending to someone who is known not to pay back loans… And the same in matters of shiduchim, if he knows that the prospective groom is a liar and a cheat, or is ill, etc. All these are examples of the obligation to return lost items to their owners. These matters can be determined only by one's heart; if he tells over secrets or something that could be lashon hara with bad intentions, he is in violation of lashon hara, but if he means sincerely to warn his friend, then it is a great mitzvah, and blessing shall come upon him." (Hashmatot Pitchei Tshuvah, Orach Chaim 156)

And so, too, did Maimonides rule: "Whoever can save someone and did not, has violated 'Do not stand by your neighbor's blood.' This includes one who is drowning and he can save him but did not … or if he heard people scheming to harm him and he did not tell him… or if he can appease the schemer but did not do so…"

Several great nearly-contemporary Halakhic authorities have implemented this principle in practice. For instance, Rav Eliezer Valdenberg, in his multi-volume work Tzitz Eliezer (16,4), wrote at length about a doctor who was asked by his patient not to divulge to her future intended that she has no uterus. Rav Valdenberg ruled that the doctor must not only answer truthfully if asked, but must initiate a conversation with the prospective groom and tell him the situation: "He must reveal this even without her consent, and thus not violate 'Do not stand by your neighbor's blood,' and in order to save him from the hands of his oppressor, and to fulfill the commandment of returning both his body and his property."

Rabbi Ovadiah Yosef ruled similarly regarding one who is applying for a driver's license and has a disease that could suddenly endanger both him and the other drivers and passengers on the roads: "The doctor [or whoever knows] must immediately inform the licensing authorities, in order to prevent catastrophes to body and property." The same is true of an accountant or anyone else who becomes aware of embezzlement and the like. Other authorities have issued similar Halakhic rulings.

The conclusion is that parallel to the grave sins of gossip and revealing secrets, there are times when the prohibition is totally reversed and becomes a mitzvah! And all the more so can this be true during war. Let us assume for example – totally theoretically, of course – that a person comes across a most important security document, and he is sincerely convinced that the information must be received by the person who heads the security network. Could it be that by transmitting the document or divulging its contents to the proper address, he is in violation of the sins of gossip and revealing secrets? Heaven forbid to say such a thing! On the contrary, if he does not do so, it could lead to bloodshed, about which the Torah states: "Do not stand by your neighbor's blood."

Of course, even in such a case, it is important to adopt the Sages' teaching that "the heart knows whether the intention is to correct or to corrupt" (Sanhedrin 26a). It is important to carefully weigh whether the revelation of the document was done truly only for pure motives, or not. But if it is found that the intentions were worthy, it is clear that what was done was a great mitzvah and an absolute obligation.