Sefer Chofetz Chaim hilchos rechilus chapter 6 halachos 8,9

Halacha 9: Even if someone speaks rechilus mesiach lifi tumo, meaning it just came out in a story that someone did or said something to someone else, and there was clearly no intention of the speaker maliciously wanting to tell on the guy, then even though there is more reason to believe the story still one cannot conclude it’s the truth and accept words of rechilus.

Halacha 10: If there is circumstantial evidence for the rechilus there are 5 rules that must be met to be able to accept it as truth.

1. The circumstantial evidence must lead us to believe that the rechilus is true and there can’t be any possible way to judge the suspect favorably.

 2. The evidence for what the suspect did or said has to be absolutely recognizable not just slightly recognizable.

3. The person speaking the rechilus would have had to have seen the evidence firsthand, not heard through other people.

4. Only if knowing this evidence will be useful for the listener or others in the future can it be used to allow rechilus to be said. If there is no use for anyone to listen to this, then people anyways can’t listen to rechilus even if it has circumstantial evidence backing it up.

5. Circumstantial evidence only allows one to believe in one’s heart that what he heard is true but that does not mean he can now go tell it to someone else unless of course it will be helpful for people to know for the future. He certainly can’t take matters into his own hands and monetarily or physically hurt the suspect. If a court cannot act on circumstantial evidence to execute someone or hold them monetarily responsible for damages, unless there are two witnesses that testified then certainly one may not act on his own accord. He must go through the courts to take action. This only help to take proper precautions for one’s safety, monetarily, physically, and psychologically.

A proof that circumstantial evidence doesn’t work to take action is a case in Bava Basra 93a where a known to be goring ox was seen chasing another ox and then it ran into a meadow, and they were both found later with the goring ox standing over the other ox with bloody horns and the other ox lying there with fresh blood spurting out. It seems obvious that the goring ox gored the other ox still in all the peak is in Choshen Mishpat 408:1,2 that if there isn’t completely clear evidence of the incident, like two witnesses seeing the actual goring then the owner of the goring cow isn’t even liable in court, certainly action can’t be taken outside of court.

Another case quoted in the name if the Mahari”k from gemara Sanhedrin 37b which proves the point is of a person seen running after another with a sword and they turn the corner into an alley and afterwards the chaser is found with a bloody sword in hand standing over a dead body,, but he is not sentenced to death since there were not 2 witnesses that actually saw him kill. The Mahari”k says this also applies to monetary damages no matter how apparent it might seem the court can’t just make the suspect guilty if it’s not absolutely clearly what happened, like with 2 witnesses testifying, so certainly people can’t take matters into their own hands.

Noach – Nimrod the Circus Master and Hashem’s Master Plan


Nimrod was a powerful ruler who had thrown Avraham into the burning furnace for not believing in idols.  Avraham was miraculously saved . Nimrod is first singled out in this week’s Torah portion of Noach amongst the genealogy of Cham. “And Cush begot Nimrod; he began to be a mighty man in the land. He was a mighty hunter before the Lord; therefore it is said, ‘Like Nimrod, a mighty hunter before the Lord.’ And the beginning of his kingdom was Babylon and Erech and Accad and Calneh, in the land of Shinar. From that land emerged Asshur, and he built Nineveh and Rehoboth ir and Calah. And Resen, between Nineveh and between Calah; that is the great city” (Breishis 10: 8-12).
The Radak on these pesukim says the reason why Nimrod was singled out from the rest of the children of Kush, son of Cham, was because of his power and kingship that was mentioned in the Torah. He used his power and strength to capture many nations and became king over them. Before him there was no person who had the desire and will to fill his heart with such power to rule a whole nation. The Torah mentions all the nations he conquered because he was the first king, before him each nation was led by a group of judges or leaders (possibly like a democracy. This all took place after the incident of the Tower of Babel.

The Torah also mentioned how Nimrod controlled and overpowered vicious wild animals, trapping them with his strength and tricks, to the point that people were so awed over how he controlled them. They created an axiom when people of that generation and generations after saw someone subdue and catch vicious wild animals, they would say he is like Nimrod. (Click here for Hebrew text.)
 It’s striking to point out that Nimrod became more known for his hunting than his monarchy. He was the first person to overpower and impress upon nations to rule over them as an authoritarian king. He set a precedent for all kings after him, all that power and wealth, the way kings carry themselves, the aura of royalty all stemmed from Nimrod, yet the Torah testifies he was not known for his kingship but rather people  remembered him for being a keen hunter, a circus master in essence, why is that?

It would seem that dazzling tricks and a show of “cool prowess,” in a nutshell, celebrity fame is more memorable than cunning skill and force to mobilize and build up an empire, in the eyes of people.

The Radak goes on to say that Nimrod first captured Bavel and ruled over it and then he captured Erech, Achad, and Kalneh. Those 4 were in the land of Shin’ar. He then captured other lands that were not mentioned. But then Ashur, who probably came from the line of Shem (see pasuk 22 here) settled in the land of Shina’ar. Ashur (predecessor of Assyria) either captured it from Nimrod or from his children after Nimrod died and he became king of that land. Ashur was King of Bavel and the surrounding areas. The children of Cham were displaced from those areas, the children of Kesed, the kasdians, from the lineage of Shem, also settled there.

This entire story is to inform us, “the whole world and everything within it belongs to Hashem” (Tehillim 24:1). “And not by strength does man overtake another” (Shmuel Alef 2:9). And He can take the kingship of a land and give it to another, whatever He sees fit, as it says: “And He gave to who He saw fit in His eyes” (Yirmiyahu 27:5). Everything depends on their deeds “for He is a G-D of faith, and there is no injustice” (Devarim 32:4). All this story, as we already wrote, that even though Ashur conquered many lands and built great countries, and the monarchy of Assyria ruled over them for a very long time, still in all the monarchs of Bavel took them over, namely, Merodach, Baladan Ben Baladen, Nevuchadnetzar, and his children, and after that the kings of Persia conquered them, and so on and so forth from king to king. This is how it is in  all the lands throughout history, in order to prove that the land belongs to Hashem. 
If one delves into the history of one nation conquering another they might find methods and strategies for how it happened but to understand why empires are constantly being toppled, and seemingly powerful kings like Nimrod and nations like Bavel, Assyria, Persia, and even Greece and Rome all topple, the logic only points to the fact that there must be an All Powerful G-D that runs the world and He is in charge of how history ultimately plays itself out. Learning about history through a Torah perspective will enhance your appreciation and strengthen your belief and trust in Hashem. The very fact that Nimrod was known as the hunter and not as the father of all kings throughout history is a testament to this fact that ultimately Hashem is the King Of All Kings and He’s the one who ultimately runs the world.

What’s incredible to contemplate is the fact that all the displacement and even loss of life during each war and conquest all ultimately are for the sake of realizing Hashem’s authority and power in this world. By focusing on this and getting more clarity that the only answer to all the mysteries is that there must be a G-D running the show, will bring one closer to Him and it will ultimately be a great comfort to know that someone is “running the show” in a world which on face value seems to be so chaotic, but on a deep level there is a master plan and we have the ability to watch it all unfold with peace of mind and serenity.

Good Shabbos,
Rabbi Dovid Shmuel Milder

Breishis – Beyond Even the Shadow of a Doubt

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The Pirkei D’Rebbe Eliezer (chapter 12, 20) says that Adam HaRishon was created on Har Hamoriah, the Temple Mount. In chapter 11, the Pirkei D’Rebbe Eliezer says that in the 10th hour of the 6th day of creation, Hashem placed Adam into Gan Eden.

The pasuk in this week’s Torah portion of Breishis states and Rashi comments:

Now Hashem, G-d took the man, and He placed him in the Garden of Eden to work it and to guard it. (Breishis 2:15) טווַיִּקַּ֛ח יְהֹוָ֥ה אֱלֹהִ֖ים אֶת־הָֽאָדָ֑ם וַיַּנִּחֵ֣הוּ בְגַן־עֵ֔דֶן לְעָבְדָ֖הּ וּלְשָׁמְרָֽהּ:
took: He took him with pleasant words and enticed him to enter. — [Gen. Rabbah 16:5] ויקח: לקחו בדברים נאים ופתהו ליכנס:  

 The Gur Aryeh, wondering what it means that Hashem took Adam with words and why He did so, explains that for a person it is not possible to just physically take him or her, since the essence of a person is the fact that he or she is an intellectually thinking organism, and it is not possible to physically take them. For even though one’s body could be taken, one cannot just take one’s mind or intellect. Therefore Rashi explains the word “took” to mean that He took with words, and it therefore makes sense that He took also his mind, meaning with permission, through talking to him. So too, anytime the Torah writes the word “took” in reference to a person, Rashi explains it in this fashion; that he was convinced through words, so that the taking would be with the consent of the person. For the mind is the main essence of a person, and if this is not done then a person really isn’t taken, since the main essence of a person is his or her mind and intellect. 

Based on this Gur Aryeh, it would seem that if a person is captured, he or she is not willfully taken away unless he is convinced to go where he or she was taken, that is why Hashem didn’t just take Adam and place him in Gan Eden, He also told him what He was doing. However, Rashi also says that He had to manipulate, or literally seduce, Adam to enter Gan Eden. The Gur Aryeh asks why Adam had to be enticed to enter Gan Eden? However, he answers that this enticement was just to tell him he is entering Gan Eden; Hashem would not have taken him and brought him into Gan Eden without telling him because it would not be considered him going willfully. (Click here for Hebrew text.)
Wouldn’t you trust your loving father if he told you that you are moving to a new beautiful place? Now what if your father was a very powerful and wealthy king; you would be even more excited about where he was going to take you! All the more so if He is the King of Kings, All Powerful, All Loving, and only does good. Shouldn’t it be then obvious to Adam that Hashem, Master Of The Universe, would bring him to the most delightful place that would be perfect for all his needs and desires? Furthermore, Chaza”l say Adam was created by Hashem already an adult, with not just mature understanding, but on such a level that the angels mistook him as G-D, being that he was literally the son of G-D, formed by Hashem Himself, without any intermediaries helping Him. Hashem had to put him to sleep in order for the angels to realize Adam wasn’t the all-perfect G-D that Hashem is. Someone on such a level with such a relationship with Hashem, why would it need to be spelled out that he was being placed in Gan Eden as if he needed convincing that this is right for him?

It is true that it was very obvious that Hashem would only want and give Adam what would be best for him, and Adam knew that, however Hashem wanted to make sure Adam accepted with crystal clear, authentic clarity what he was getting himself into.

We see from here that there is a difference between the obvious and real clarity.

Vezos Habracha – Mourning in Hashkafa


We have experienced over the past year and change the passing of Torah giants as well as world leaders. These are losses that have impacted people in a very deep way and have left marks that make us wonder what will be in the future, what is next, where are we heading? However, mourning for these tremendous losses can be put into perspective through one of the final pesukim in the entire Torah from the Torah portion of Vezos Habracha. “The Children of Israel bewailed Moshe in the plains of Moav for thirty days; then the days of tearful mourning ended” (Devarim 34:8).

The Ralbag learns from this pasuk that “it is improper to mourn a person too much, and even though he [or she] had the greatest of qualities possible. For we see that Moshe Rabbeinu with all his tremendous qualities in governing and greatness, still in all the Torah was not in agreement that they should mourn him for more than 30 days, which was the same mourning period for Aharon.” (Click here for Hebrew text.)

Besides the great loss of a leader, of a person of tremendous character, an example for every single person to emulate, there is another element which should be addressed, if one internalized what it says in Iggeres HaRamban, “At all times you should think in your heart that it is as if you are literally standing before Hashem and His Holy Presence is upon you since His Honor fills the entire world…and you shall be bashful from all people,” and Rav Yechazkel Sarna zt”l, Rosh Yeshiva of Chevron, explained that after you accept the reign of your Creator upon yourself, to always be like a servant before his master, you shall also accept the reign of your friend upon yourself” like a servant before his master” because each person was created in the Image of G-D. We find in the sefer Reishis Chochma also the concept of subjugating oneself before his friend just like he would before one’s Creator. (Click here for Hebrew text.)

If that is properly internalized then a loss of a friend and especially a loved one, and all the more so the loss of great leaders should be something which is almost insurmountable to overcome. If one truly felt the respect the way one should feel for every single person appreciating the quality of everyone’s loss and especially one that has such an impact on your life, it makes sense that the mourning process over their loss would be long and hard. However, the Torah says there is a standard, a line to be drawn even for the greatest of people, those who are most honorable and respected, there is still a limit.

We see from here that it is totally natural and healthy to mourn for the dead but within limits and though it might be hard to get over such a grave loss understandably, but the Torah knows it is within our ability to be comforted.

Hashem’s consolation to us is that He is eternal and will always be by our side to sustain us and guide us, this is the ultimate comfort.

Haazinu – Finding Your Portion in Torah


Shiras Moshe, the Song of Moshe, is what takes up most of this week’s Torah portion of Ha’azinu. Towards the beginning of the song states, “My lesson will drip like rain” (Devarim 32:2). He was referring to the Torah he taught the Jewish people.
The Medrish Tanchuma (Haazinu 3) asks why the Torah is compared to rain, and answers that just as rain erodes rocks as it says, “Stones are worn away by water” (Iyov 14:19). So too, the Torah wears out a heart of stone. This is what our sages of blessed memory said: if it’s a rock, let it melt, and if it is iron, let it blow up. Therefore, it is only good for a person to kill himself over words of Torah and to be involved in it constantly day and night, as the pasuk says, “And you shall toil in it day and night” (Yehoshua 1:8). This is what they say, “If a person tells you, ‘I have toiled and have not found,’ do not believe him.” And this is why it is compared to rain; for just as rain, the world cannot exist without it, because it needs to sprout vegetation in a positive way. So too the world cannot exist without Torah, as it says, “If not for my covenant (Torah) day and night I would not have placed the laws of heaven and earth” (Yirmiyahu 33:25). And just as rain comes down little by little (drop by drop), so too the Torah in the beginning reads alef (1), beis (2), gimel (3), daled (4) which are small amounts, but in the end it accumulates into greater amounts: kuf (100), reish (200), shin (300), tav (400). In this way also, one should begin learning Torah and afterwards he’ll be able to stand over the Torah and all its details.

The Etz Yosef in the name of Rav Avraham, the brother of the Vilna Gaon, from the Sefer Maalos HaTorah, explains in detail what the medrish means when someone says, ‘I toiled and did not find it,’ you should not believe him. Based on a gemara in Nida, when a baby is in its mother’s womb it is taught all the Torah. When it comes out the angel smacks him above the lip and he forgets everything. What is the point of all this learning if he is going to be made to forget it anyways? However, based on what the Alshich writes by “And give our portion in your Torah,” we can explain that because all the souls stood at Mount Sinai and each one of them accepted their part in the Torah, about this the gemara says “I toiled and I found it,” then you can believe him. Just like a person who found his lost object, since it is a part of him, and therefore if it would not have been taught to him in his mother’s womb, he would not have been able to reach his portion in the Torah, even if he would have toiled a lot. If he would not have forgotten, he would not need to toil, and if so then there goes all the need for reward and punishment. Therefore, the angel taught him his portion in his mother’s womb, and this is considered learning the entire Torah; meaning all of his portion of Torah. And when he leaves into the airspace of the world, he will forget everything, and afterwards, through much efforts of toiling, he will find what he lost. So, if a person says I toiled and could not find it, you should not believe him, because that is impossible! (Click here for Hebrew text.)
If one was to think about the power of Torah and its complexity, one might get overwhelmed and think ‘what’s the point of trying to tackle it and understand it, it is so above my abilities, unfathomable! Something which has the power to melt the heart of the most stubborn and harsh of men, which can only be successfully understood and applied through breaking one’s back, with all one’s sweat and blood, it’s just not for me, it’s too much!’ There are very few people who really know how to make weapons of mass destruction, nuclear or chemical weapons that could melt away metals and blow up stone, and the Torah is compared to just that. But to psychologically break the most bitter and evil of habits and ways, it is all-encompassing of how to live everyday life, and it is the blueprint of the cosmos. Such profundity and subtleties could be very overwhelming and one is told that the only way to achieve clarity is to kill yourself over its study. How can it be for everyone?

The medrish here with the Etz Yosef seems to be giving steps to how anyone can fulfill their maximum in Torah without getting overwhelmed.

  1. First off, one must have the attitude that it’s his life force he can’t live without; it is just like water or air. Also, it brings the greatest success to the world, and the world cannot exist without it; so it’s worth learning it correctly and living by it.
  2. Furthermore, one does not have to simply jump into it. Start slowly, and the more one gets into learning the more it compounds and multiplies, just as the gematria of the alpha beis starts 1-10 but doesn’t continue 11, 12, 13, but multiplies 20, 30 40, and eventually in the end 100, 200, 300, 400. So too, one’s knowledge and ability to understand the profundity of Torah and its depth and breadth will multiple with Hashem’s help as one continuously toils in it.
  3. The Etz Yosef in the name of Rav Avraham the brother of the Gr”a makes Torah learning even more palpable! The Torah is so vast and there are infinite layers. However, Hashem sets aside a portion for each Jew. Some portions are bigger than others, and each of us does not know the exact portion that we will be getting, but we don’t have to be overwhelmed that we must know everything, to its fullest extent and depth. Rather we have to put in a full effort to learn what we can.
  4. What is even better is that we aren’t trying to find something we know nothing about. In the deep recesses of our mind and heart this portion of the Torah lays, that our angel taught us in the womb. It is just forgotten about; but it is there, and when it is found, it’s guaranteed to be as exciting as finding a lost object you have been looking for, for a very long time! The feeling of excitement and elation upon being reunited with it will be palpable, because you looked so long and hard for it. It won’t feel like something foreign to you that you must get used to; rather it will be your own part in Torah, which you are destined to have and are simply becoming reacquainted with.

That makes it much easier to look forward to, and worthwhile to put in, many hard-working hours to go searching for it, plumbing through the depths and breadths of books, as well as listening and interacting with Rebbeim, colleagues, and students to find your lost portion of the Torah that belongs to you.

That’s an exciting adventure and a worthwhile enterprise to spend your life advancing!

 Sefer Chofetz Chaim hilchos rechilus chapter 6 halcha 6 footnote 12 and halacha 7

When it says a person is believed like two witnesses what that means is that on a personal level you can trust like a confidant that he would never lie to you. Even if he is known in the world as an honest person, he is the gadol hador, still if you don’t know him personally you aren’t allowed to trust what he says when speaks lashon hara, as if he is two witnesses. This is evident from the Mahari”k quoting a gemara in Kesubos where Rava didn’t trust Rav Pappa about discrediting a document though he would have trusted Rav Chisda’s daughter. Though Rav Pappa was a great Amora, and he had many dealings with him as we see throughout the gemara, still in all Rava didn’t feel he knew Rav Pappa enough to treat him as two witnesses. The person has to be trusted by you personally as if he is 2 witnesses testifying in court not just two people. This means that you have to personally know he wouldn’t even add or detract one word from what he hear from someone else. There also has to no angle of innocence for the person talked about and it has to be said for a beneficial reason. With all these factors the Chofetz Chaim says that it’s impossible now a days for a person to believe anyone like two witnesses. That is what the poskim have poskined, name the Ri”f and R”osh, Rebbeim that lived over 800 years ago. People unfortunately make excuses to themselves that they can trust their parents or spouse, that they would never lie to them, but the Chofetz Chaim said that even the most modest of women, it’s one in thousand chance that they don’t leave out at one word or add some detail, and there for even the closest family member cannot be trusted like 2 witnesses. The only thing you can do now a days is be concerned of what you hear but never accept any lashon hara or rechilus as truth.

Vayeilech – Jealousy of the Living

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Moshe Rabbeinu was lucid until the very end of his life. He also had reached the 39th  level of intelligence, right under the 40th, highest level. He certainly could remember everything in his lifetime with this brain capacity, besides the fact that he must have done a cheshbon hanefesh, a calculation of all the wrong he might have said or done in his lifetime. Yet when Hashem told him in this week’s Torah portion of Vayelech (31:14):

Behold, your days are approaching [for you] to die. Call Yehoshua and stand in the Tent of Meeting, and I will inspire him. So Moshe and Yehoshua went, and stood in the Tent of Meeting.” ידוַיֹּ֨אמֶר יְהֹוָ֜ה אֶל־משֶׁ֗ה הֵ֣ן קָֽרְב֣וּ יָמֶ֘יךָ֘ לָמוּת֒ קְרָ֣א אֶת־יְהוֹשֻׁ֗עַ וְהִתְיַצְּב֛וּ בְּאֹ֥הֶל מוֹעֵ֖ד וַֽאֲצַוֶּ֑נּוּ וַיֵּ֤לֶךְ משֶׁה֙ וִֽיהוֹשֻׁ֔עַ וַיִּתְיַצְּב֖וּ בְּאֹ֥הֶל מוֹעֵֽד:

The last Medrish Tanchuma in this Torah portion says that Moshe responded
before Hashem, saying, “’Master Of The World, with a word that I praised you with, for I said (Devarim 10:14):

Behold, to Hashem, your God, belong the heavens and the heavens of the heavens, the earth, and all that is on it. ידהֵ֚ן לַֽיהֹוָ֣ה אֱלֹהֶ֔יךָ הַשָּׁמַ֖יִם וּשְׁמֵ֣י הַשָּׁמָ֑יִם הָאָ֖רֶץ וְכָל־אֲשֶׁר־בָּֽהּ:

You are striking me down?’ Hashem said back to him, ‘You are compared to a bad neighbor who sees what comes in but does not see what comes out. This is what you said about my children,

Behold, the children of Israel did not hearken to me. How then will Pharaoh hearken to me, seeing that I am of closed lips? יבוַיְדַבֵּ֣ר משֶׁ֔ה לִפְנֵ֥י יְהֹוָ֖ה לֵאמֹ֑ר הֵ֤ן בְּנֵֽי־יִשְׂרָאֵל֙ לֹא־שָֽׁמְע֣וּ אֵלַ֔י וְאֵיךְ֙ יִשְׁמָעֵ֣נִי פַרְעֹ֔ה וַֽאֲנִ֖י עֲרַ֥ל שְׂפָתָֽיִם:

And you spoke out slander about My children.’” (Click here for Hebrew text.)

The Medrish Rabba on this portion has the same medrish almost verbatim. The Maharz”u on the medrish explains the parable (mashal) of the bad neighbor and the parallel application (nimshal) to what Moshe Rabbeinu learnt from the parable. The mashal is  “One who sees his neighbor bringing a lot of stuff into his house and he thinks it belongs to his neighbor and he is jealous of him. He does not see that the stuff belongs to other people and what comes in immediately comes out. Or the neighbor has a lot of expenses (like a big family to take care of or expensive rent) and whatever profit he earns he must immediately spend, so in reality there is nothing to be jealous of. [In the nimshal Hashem says to Moshe,] ‘So to you focused your eyes on something positive and you forgot to focus on something negative that you had said before Me and you switched out one behold for another behold.’” The Maharz”u also points out that when one has good speech it creates merits, and bad speech creates punishment, which must be why that word, “behold,” was used to proclaim his death; since Moshe used it to slander the Jews 40 years before. (Click here for Hebrew text.)
There is a rule in Torah learning that the nimshal must fit perfectly with the mashal, meaning the application must be an exact fit to the parable. How does that work in this case? In the parable, the neighbor was jealous of his fellow because he didn’t see the whole picture, but, in the application, Moshe didn’t realize why Hashem was proclaiming his death with the word “behold” if he himself used it to praise Hashem, and Moshe forgot he also used it to slander the Jews. Where do we see any mentioning of jealousy by Moshe? And forgetting is very different than not understanding the full picture; so what does the nimshal (application) have to do with the mashal (parable)?

As we said earlier, we must assume Moshe remembered everything, he was not forgetful. On the contrary, the Torah went out of its way to point out a few times that he had forgotten a halacha only when he was in distress or on some level angry. It must be that Moshe Rabbeinu on a very miniscule level felt jealous of everyone who would be staying alive and be given a chance to enter The Land of Israel, and that jealous bias caused him to overlook and forget the time he had slandered the Jews while using the word “behold,” which is why Hashem used that word to proclaim his incoming death. Now we can see an exact parallel between the mashal and the nimshal.

The lesson we should take away from here is the power of a negia (a bias), which can affect even the greatest of people and even at the very end of one’s life. And even at some mini level it can still make an impact and cause even the smartest people to overlook something they should have realized.

Sefer Chofetz Chaim hilchos rechilus chapter 6 halachos 5 & 6

Halacha 5: It is forbidden to accept rechilus as truth even from a person who is believable and a trusted confidant to you as if he is 2 witnesses in court who are always believed (lest contradicted by 2 other witnesses) if there is no constructive purpose in the future. This is because just as it is forbidden to speak lashon hara and rechilus it is forbidden to accept no matter how honest and trustworthy the speaker is. There is also a prohibition of placing a stumbling block in front of the blind as well. However, if one is allowed to listen to what this trusted honest man is saying, for example if there might be physical or monetary harm potentially coming his way which he can avoid, then not only can he take precautions as he does when anyone else says something, but he can actually believe the person since he trusts what he says. However, that does not now give permission to the listener to repeat what he heard to others, even to family members unless it will apply to them as well for the future. This type of person is also only believed if it was firsthand information but secondhand information he is not believed because he wasn’t allowed to believe the first person who told it to him. The proof that one is allowed to believe an entrusted honest person is from Pesachim 113b by the story of Tuvia, however even if he is an honest confidant if there is any way to judge the person in question favorably one must do so.

Halacha 6: When one can trust an honest confidant he has to be someone who you know is good, meaning you know for sure that it is in his nature is never to lie or exaggerate and you can always rely on him for anything that he says all the time as if he is two witnesses testifying in court and no one else will come to spell any doubts on what he said. However even if he is that trusted, and you can actually believe him that does not mean you can take actions against the subject in discussion to cause him a monetary loss or to G-D forbid hit him, or even to verbally accost him. The Torah doesn’t allow you to believe the listener in order to do inappropriate things. Now if you decide you conveniently believe this speaker like two witnesses in this instance of lashon hara or rechilus but you haven’t relied on him at other times, then that is absolutely forbidden because on the contrary the more you believe and decide the matter is true, the more you fall into the category of speaking lashon hara and rechilus.

Netzvim – Listening to the Wake-Up Call


Days before Rosh Hashana it’s very appropriate to be reading the Torah portion of Netzavim. In one segment of this week’s Torah portion, it discusses a time in the Land of Israel where people will be going astray and worshipping idols or anything besides Hashem. Hashem will even send warnings through nature for them to repent and fix their ways however they will not heed to the signs as it says, “Perhaps there is among you a man, woman, family, or tribe, whose heart strays this day from Hashem, our G-d, to go and worship the deities of those nations. Perhaps there is among you a root that produces hemlock and wormwood. And it will be, when he [such a person] hears the words of this oath, that he will bless himself in his heart, saying, “I will have peace, even if I follow my heart’s desires,” in order to add the [punishment for the] unintentional sins [of this man] to that of [his] intentional sins. Hashem will not be willing to forgive him; rather, then, Hashem’s fury and His zeal will fume against that man, and the entire curse written in this book will rest upon him, and Hashem will obliterate his name from beneath the heavens” (Devarim 26:17-19).
Rav Saadia Gaon, not being as concise as usual, depicts the very decrepit state these people are in. They are rooted in poison and are as bitter as bitter melons. “They calculated in their mind saying, ‘I will only have peace, and I will go according to the desire of my heart in order to rid myself of the draught through getting drunk. Hashem will not be willing to forgive him for this, rather Hashem will get very angry, and His wrath will be upon him and all the curses (from the previous parsha) will cling to him.” (Click here for Hebrew text.)
It sounds like this person or people are quite delusional! They are steeped in terrible habits and ways, to the extent of believing and worshipping in idolatry, and they are so far gone that the Torah says their roots are bitter and poisonous. Besides that, they seem to be getting hit with violent warnings from Hashem to repent, and they are totally oblivious to the signs and decide to just drink away all their problems and follow whatever naturally gets rid of the present problems. They use whatever their heart desires, to the extent that they tell themselves everything is fine, I am doing nothing wrong. Meaning, they feel they can turn to science and any natural means to find solutions and resolve problems and ailments that are around them. And at the end of the day, they can just drink away all their problems as if they didn’t happen.

At that point, Hashem rains down terror on them, and the Torah goes on to say, “The later generations will say, your children who will arise after you and the foreigner who will come from a distant land, when they will see the plagues of that Land and its illnesses with which Hashem has afflicted it… And all the nations will say, ‘For what reason did Hashem do so to this Land; why this wrathfulness of great anger” (Devarim 29:21-23). The Torah goes on to say that the nations will be told that because these people rebelled against Hashem and His Torah they were severely punished and thrown out of the land of Israel.
 The Torah concludes this section by saying, “The hidden are for Hashem, our G-D, but the revealed are for us and our children forever, to carry out all the words of this Torah (29:28). Rav Saadia Gaon says on this pasuk that the later generation, your children that will come afterwards, “shall take mussar, learn a lesson, and should say this, ‘The hidden are for Hashem, our G-D and all that is revealed they are for us and our children…'”
 What is this lesson that we, the later generations, are supposed to take to heart, and how is it related to what the earlier generations did wrong?

The root of the problem with the earlier generations was not the idolatry itself, or any other sin they had committed, but the way they handled the situation when Hashem sent signs and warnings to repent. Instead of looking at their inner self and figuring out how to change their own lives, they looked around and tried to fix all the problem that came their way; draught, famine, sickness, etc. using scientific solutions. When those didn’t work, they turned to hallucinogens, but they ignored the real issue. Therefore, the lesson the later generation should take is that the hidden reasons behind why things in this world happen, be it climate change and the weather, pollution, disease etc. is for Hashem to deal with. We have to focus our time and energy into what is revealed to us, which is “to carry out all the words of this Torah.”

This does not mean we must stay ignorant of the sciences and not understand how the human body and the natural world around us works. However, it must be done in the framework of being sure our focus is to learn and observe the Torah, Hashem’s blueprints of creation and the handbook for mankind. If the Torah is our focus and the physical world is just part of our understanding of serving Hashem to the optimum, then the world would be a better place and we would not have to turn to alcohol or other substances to escape reality.

Good Shabbos and a good gabentched year,
Rabbi Dovid Shmuel Milder

CITE Sefer Chofetz Chaim hilchos rechilus chapter 6 note 5 and footnote of halacha 3, and halacha 4

In the footnote the Chofetz Chaim depicts the severity of the travesty of accepting rechilus with two examples. He felt this was an issue rampant in his day and the problem of accepting rechilus is worse than speaking it since it forwards a situation to continue to down spiral and get worse.

The first example was the case of the non-Jewish landlord who kicked out his Jewish tenant and he blamed a Jew for tattling on the Jewish tenant so if the Jewish tenant believes the non-Jewish landlord that a Jew tattled on him and he now hates this Jew and at some other point he tattles on that Jew and gets him into trouble and now he definitely transgressed rechilus and who knows if the other Jew said anything maybe the non-Jewish landlord made the whole thing up. That’s the danger of accepting rechilus!

The second case is where a non-Jew buys wine from a Jew pays for it and leaves his battles by the Jew’s store for the Jew to fill them up. In the meantime, he shops around for a cheaper price and finds another Jew who is willing to sell him wine for a cheaper price and was not told anything about the first sale. The Non-Jew goes back to the first Jewish and ask for his money and barrels back because he got a better deal someplace else. The Jewish salesman asks whose gave him a better deal and the non-Jew not wanting to get in trouble “innocently ” says your Jewish counterpart down the road told me you have high prices and don’t buy from you; he’ll treat me better at a lower price. The first merchant believes this and is furious at the other Jew. They are at each other’s throats and try to ruin both each other’s businesses all because the first Jew believed what the non-Jew said whereas in actuality the non-Jew found the other Jew and the other Jew didn’t even know about the sale of the first Jew. But even if the rechilus is true there is still no reason to believe or act upon it unless to look more into the matter and protect yourself, but if you ignore what happened and is polite to the other Jew, he might see it’s better to be nice and not to act maliciously and he might even change his evil ways. You can set an example for others and avoid a lot of fights by not accepting rechilus.

Note 5 in halacha 3 and halacha 4 with note 7 says that even if there are rumors that someone for example is the thief that stole from you, you can’t rely on the rumors and must investigate unless witnesses testify and the court finds him guilty or if he is known to be a thief, not just rumors than you can assume he stole it.