Tag: sefer chofetz chaim

Posted on

Sefer Chofetz Chaim Chapter 2, Note 7, 8 and Halacha 4

Note 7 defines, ate least according to the Yad Hachazaka, exactly what is “chavra chavrach ees ley:” Only when you have no intentions of spreading the news then if it just comes up in conversation, the nature of the world seems to be that it will be repeated from person to person. The news will just keep on rolling for a long time. However when one wants to intentionally spread some juicy info and he makes announcements and tries publicising to as many people as quickly as possible then the news will get out there but wil not stay out there for a long time and when eventually dissipate, this is considered outright lashon hara and does not fit the category of “chavra chavrach ees lei.” 
Note 8 mentions an argument between the Chofetz Chaim and the Yad Hachazaka on why a person who heard this piece of news with at least two other people can repeat under the proper circumstances quoting who he heard it from. The Yad HaChazaka says you can quote who you heard this info from because the fact he said it in a group of at least 3 intimated that he doesn’t care if he is quoted. (Which means there could be situations where he would care and you can’t quote him.) But the Chofetz Chaim says the reason why he can be quoted is because everyone is going to know by who and what was said any way since it was said b’apei tlasa. However the Chofetz Chaim warns everyone that this shouldn’t be a reason to loosely allow you to speak lashon hara because the chances of all the parameters of apei tlasa being met is very farfetch so one should be very cautios!

Halacha 4 says that even if one of the at 3 people who heard it repeats it, the 3rd party who hears it cannot repeat it, he knows everyone heard about it, because who says it is true and if it can be confirmed that the first person heard it correctly who says he actually heard it with at east two other people. The obvious question we raised was how then does news ever spread? The answer is that there is a concept in Shas that everyone transgresses the laws of lashon hara at some point, at least avak lashon hara (quasy lashon hara which applies by the rules of apei tlasa) therefore because of the unfortunate reality of life whether it is right or not word spreads and repeating it over and over again can potentially become permissible, though as we said earlier it is usually highly unlikely.

Posted on

Chapter 2, Halacha 3, footnote at the end of note 4, note 5 and 6

We clarified a few details on Apei Tlasa today. 
1. On a footnote at the end of note 4 we discussed that according to the Rambam, the Chofetz Chaim suggests, that it is only permissible to throw into a conversation the lashon hara you heard with at least two other people only if it is known that the person you are telling already know about it. But if he doesn’t know, even if he will eventually know you can’t be the one to reveal it. Then the question is how do you know if everyone knows. There is no set time given and in fact every place is different. You can’t expect word to travel everywhere within an hour in a big city, for example. The Chofetz Chaim concludes that he is anyways not sure if this idea is true because no one else seems to say it has to be known by everyone before repeating it, just that it will be known. 
2. In note 5 the Chofetz Chaim points out that the lashon hara he’s been talking about isn’t just flat out insults or degradation but anything that might lead to harm whether financially or physically or embarrassment. 
3. In note 6 the Chofetz Chaim dealt with a pressing issue of how the Rashbam seems to permit telling the one who was talked about in front of 3 people what was said about him. Isn’t that flat out rechilus, and can just cause major arguments? The Chofetz Chaim says that granted one cannot purposefully tattle on the person who spoke lashon hara to the one it was spoken about certainly not to divulge who said it, just to start a fight, but since everyone will find out what happens anyways, what was said and who said what then even if it wasn’t within a different conversation, as long as you don’t exaggerate what happened the person who heard the lashon hara among at least three other can repeat it to the one it was spoken about because the Smag who explains the Rashbam throws in that a talebearer is one who reveals secrets not one who says something which everyone knows about already. 

Posted on

Sefer Chofetz Chaim Chapter 2, Halacha 3, most of Note 4

Today we continued in the Sefer Chofetz Chaim. We discussed a very challenging problem. How does word presumed to be spread if it is forbidden to be said? The Chofetz Chaim compared it to a group of thieves that are traveling together. You wouldn’t say that the first person to steal something is innocent because the rest of the group would have stolen it any way! So to the fact that one person of a group of at least 3 happened to have leaked loshon hara amidst a conversation about something else should mean he does not get a sin, as the Rambam says, because bottom line he spoke badly about someone else who care if word spreads. And how then can word spread if no one is allowed to start spreading it?
The Chofetz Chaim explained 3 views of how to resolve this issue:

1. Rashi in Erechin who said that the case of Rabba bar Rav Huna and word spreading is where the original speaker is talking about himself so he is automatically giving permission to spread what he said about himself, good or bad, if he is willing to say it in a group of at least 3 people.

2. The Rashbam in Bava Basra only permits those in the group to go back to the one who was talked about but not say it to any one else. If the speaker was willing to say what he said in a group of at least 3 he must not care if word gets back to the one being talked about. Granted it might start quarrels, but the Chofetz Chaim seems to be saying that is not the repeater’s responsibility, the original speaker is instigating.

3. The Rambam in halacha 5 of Hilchos Deos, chapter 7 says one does not get a sin if he happened to slip into a conversation this pice of lashon hara that he heard in a group of 3, without intent of spreading the news because he is not acting as a peddler, which is what the Torah describes one who speaks lashon hara as. A peddler is one who takes his goods from one place to another sharing or selling them to others but in this case since word will spread or already has spread in an illegal or legal manner, then the person who slips it into his conversation is not acting as a peddler since he is not giving out information which people don’t already have or won’t have easy access to and there is no intent to act as a peddler in this case of spreading the news, therefore he does not get a sin.

Posted on

Sefer Chofetz Chaim Perek 2, Halacha 2, Note 2

The answer to Tosfos’ view on apei tlasa is that straight out negative lashon hara is forbidden to be said whether in front of 3 or more people or even to the antagonist’s straight up lashon hara is forbidden, also to listen and accept as true. However the leniency is in a case where the statement could be taken in two ways, positive or negative. The key to the leniency is if you don’t feel embarrassed at all to be willing to say it to his face then you may say it to him or her or even in front of 3 people since it will definitely get back to the person being talked about. However if you feel any embarrassment to say it or if your expressions, voice, physical, etc is of a negative connotation it should not be said.

Posted on

Chapter 2, Part 2 of Note 1 in Halacha 1 and Halacha 2

Today we finished the first note of the Be’er Mayim Chaim in Chapter 2 of Sefer Chofetz Chaim. The Chofetz Chaim makes it very clear that there is no reason what so ever to allow out right lashon hara to be spoken even if it is in front of three people and it will spread to the one being talked about. It actually could be worse. Only if there is some benefit like in a court case the litigant can tell the judges how he was wronged or a messenger of the court can even tell the judges he was disrespected when on the mission of the court to bring someone in. Otherwise it is absolutely forbidden!

 In Halacha 2 the Chofetz Chaim begins to explain where the concept of “apei tlasa” does apply. Which is when a pareve statement is made that can be taken one of two ways. As long as you connotation and body language does not indicate negativity then one can say this statement in front of at least 3 people because it will spread and get back to the one being talked about so obviously if he said is he is saying it in a positive light because he wouldn’t want the subject to know what he is saying if it was negative. This type of state is in the category of “avak lashon hara”. The example the Chofetz Chaim gives of such a statement is if a person asked a group of people where can I find some good around here and one of them respond there is always a fire brewing down the street at this guy’s house where they always have fish and meat. This can be taken in a positive light to mean he has a big family and is well to do so they can afford, with G-D’s help lavish food, or it can mean they are always ready to serve guests. But it can also be taken negatively that the guy is a glutton and a fresser. So as long as the one who says the statement doesn’t sound negative and sarcastic then he can say it in a group because we can assume he is just trying to be helpful and positive.