Hilchos Shmiras Haloshon

Why is it so important to learn the Halachos of Shmiras Haloshon?

To quote from “Chofetz Chaim A Lesson A Day” by Rav Shimon Finkelman and Rav Yitzchak Berkowitz:

Knowledge of the Aggadic teachings regarding loshon hora must be complemented by study of the laws of proper speech. In the words of Midrash Mishlei (1:2): ” ‘To know wisdom and mussar [inspirational, ethical instruction] (Mishlei 1:2) – If one has wisdom [i.e. knowledge of halacha] then he can study mussar, but if he lacks wisdom, then he cannot study mussar.” The Midrash’s intent is clear: If a person is not knowledgeable in teh laws of a given topic, then no amount of mussar will help him.

For example: If a businessman thinks that a given practice is not robbery, [when, in fact it is] then what good wiill it do to inform him of the severity of the sin of robbery? The same applies to all other negative commandments. Therefore, one must study the Torah’s laws to know what is permitted and what is forbidden, and he must also learn the

mussar teachings which inspire a person to fear Hashem. Through study of such teachings, one arouses he soul toward observance of Torah, aside from fulfilling the positive commandment, “Fear Hashem, your G-d” (Devarim 10:20).

And so it is with regard to shmiras haloshon. Of what benefit will all the mussar in the world be, if one convinces himself that a given forbidden statement s not in the category of loshon hora?! Or, if he tells himself that the laws of loshon hora do not apply when speaking of a certain individual [when, in fact, they do]?!

Therefore, it is imperative that one know what is and what is not in the category of loshon hora according to halacha. This study should be complemented by inspirational study of the relevant Aggadic teachings. (Day 4/p.57)

Shkoyach Yeshivish Kup for the aitzahs! And thank you Joseph for being the first to post on my thread.

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“A ???? ?????? (lit. rebel due to temptation) is someone who regularly submits to temptation in violating a specific mitzvah. While the prohibition against gossipmongering does apply with regard to speaking about him (as he is not a heretic), his situation differs drastically from one who occasionally transgresses a given mitzvah but basically is commeitted to its obsrvance.

As we have learned, the primary prohibition against speaking loshon hora is ?? ??? ????? ????? (Do not go as a gossipmonger among your people Vayikra 19:16). One who embarrasses his fellow Jew transgresses the prohibition ?? ???? ??? ?? ????? (A man shall not aggrieve his fellow man Vayikra 25:17)

Our Sages interpret the term “Amecha”, your people, in the first prohibition as excluding only a “mumar l’hachis” (lit. rebel whose intent is to spite), one whose lack of regard for a given prohibition causes him to regularly transgress it. However, the term “amito”, his fellow, in the second prohibiton, excludes even the “mumar ???? ??????. thus it is forbidden to speak loshon hora about a ???? ?????? bu it is permissible to exert social pressure on him in order to induce him to mend his sinful ways.

It is permissible to publicize that a Jew regularly violates a particular halacha if it is clear that he is aware of the halachah and has chosen to ignore it, and it stands to reason that publicizing his beharvior will induce him to change. This applies even if he transgresses the law out of temptation. HOWEVER, ONE MUST BE CERTAIN THAT ALL THE CONDITIONS OF TOELES, CONSTRUCTIVE SPEECH, INCLUDING PURITY OF INTENT AND LACK OF AN ALTERNATIVE, APPLY” (ibid, Day 55).

ADMONISHING THE SPEAKER:

The Commandment ???? ????? ?? ????? You shall reprove your fellow (Vayikra 19:17) requires a Jew to inform a sinner that his behavior is improper, and attempt to convince him to mend his ways. In voicing his disapproval, one must be prepared to endure embarrassment and insult and should continue to voice his disapproval so long as the forbidden act is being repeated. Even if one sees little or no chance that his words will be heeded, he must nevertheless continue to protest. Only is a case where one knows that his reproof would cause the sinner to react by committing more serious offenses is he to refrain from speaking up.

(ibid, Day 93).

PROPER REACTION:

Based on the previous rules, it is clear that upon hearing loshon hora, one should promptly interrupt the speaker and reprimand him for his words. In a case where doing so would casue the speaker embarrassment (i.e. others are present), it is preferable that one tactfully change the subject, thus preventing the further speaking of loshon hora, and offer reproof later (in private).

If one finds himself unable to change the subject, he should walk away. While incapable of fulfilling his obligation to reprove, one must, nevertheless, avoid transgressing the sin of listening to loshon hora. If one feels uncomfortable leaving, the least he should do is try hs best to ignore what is being said, and use facial expression to show disapproval. Certainly, he should not appear as though he is enjoying the conversation.

One must train himself to defend his values, to be more concerned with truth than with his personal pride. Ultimately, one will find that the less he fears scorn and derision of scoffers, the more his self-esteem will grow -and his stature will grow in the eyes of others as well. (ibid, Day 95)

??? ??? ?????? ?????? ??? ???? ???? ??? ????? ????? ?????? ?? ?????, ??? ?? ???? ?? ????, ?? ??? ??? ????? ???? ?????, ????? ????? ?? ??? ?? ???, ??? ????? ????? ?? ????? ???? ?? ????? ???? ????? ??? ??? ?? ??? ??? ?????? ???? ????, ?????? ??? ????? ????? ???? ???? ?????, ??? ????? ??? ????? ????? ?? ???? ????? ??? ????? ???? ???? ??????? ??? ???? ????, ?? ?? ???? ???? ??? ???? ???? ???? ???? ??? ?? ???? ?, ?? ?? ??????? ??? ??? ????, ???? ??? ????? ???? ?????, ??? ??? ??????? ????? ?????? ??? ????? ???? ???

?????…..?? ?? ???? ??? ???? ????? ????? ???????? ??? ??????? ???? ??? ????.

(Sefer Chafetz Chaim, Klal 4. Seif 7)

“If someone is not careful (to refrain from) one Aveira that EVERYONE in his Nation knows is an aveira and he committed this aveira deliberately many times, then it is clear that he is not committing this aveira due to being overcome by temptation but rather because he has no fear of Hashem. Therefore it is permitted to embarrass him and speak loshon hora about him whether in his presence or not. However, one MUST BE CAREFUL not to forget the other details that must be fulfilled which I have written about in “B’eer Mayim Chayim”.

In order for it to be permissible to speak Loshon Hora about someone who falls in the category described above, the following conditions are necessary:

1. He had to have actually SEEN him doing the aveiros (the aveiros that placed him in the above category of someone about whom it is permissible to speak L”H), and not just heard about it from others unless he is “mischazek” in the city as an evil person due to the evil reports which are constantly going out against him.

2. If they are not things that are clearly forbidden, he must delve into the matter well to determine if the actions were clearly sins according to the Torah. He is not allowed to come to an immediate conclusion in this matter.

3. He is not allowed to exagerate the aveira at all.

4. His intention must be for a constructive purpose, that is: in order to distance others from an eveil path when they hear how sinners are debased, and perhaps he himself (the person being spoken about) will do Teshuva when he hears how he is debased for this, but the one speaking can not intend to gain enjoyment from this and he can not be speaking from hatred, but rather from truth.

“You’re assuming that the CC held non-frum Jews are tinok shenishba. You’ve quoted others who hold like that but nothing from the CC that indicates that.”

I’m leaving aside the tinok shenishba issue for the moment. I am just talking about whether or not one can speak Loshon Hora about them. According to the Chofetz Chaim it is assur to speak Loshon Hora about them (even if they fall into the category he is referring to, which I am not certain about, but I am leaving that aside for the moment) unless it fulfills all the requirements listed in BMC.

Joseph, you don’t bring a source that most not-Frum people are Apikorsim. According to Rav Dessler, there are no (or almost no) true apikorsim today because you have to be knowledgeable in order to be considered an apikorus.

In the Chazon Ish quoted above, he specifically quotes the Chofetz Chaim in Ahavas Chesed as saying that the concept of hating apikorsum (from the halacha in the Sefer Chofetz Chaim which you quoted above) does not apply today, and we are suppposed to sustain them and even be mechalel Shabbos to save their lives.

“And the non-frum who believe toeiva relations is okay (as most non-frum nowadays believe) or that the death penalty for sabbath violators is barbaric, both being outright rejections of the Divine authorship of the Torah?”

1. Not all not-Frum people believe that. You have no proof that it’s most. In EY, I don’t think it’s true, but in any case you have no proof that it is, and there are certainly many who don’t. You are not allowed to just assume that someone is an apikorus just because they are not Frum if you do not have proof that they are.

2. Even apikorsim are considered “anusim” nowadays according to the Chofetz Chaim.

I will have to find the Igros Moshe and check it out. But meanwhile, I did want to point out that I don’t know if it’s true that the vast majority of not-Frum know about Orthodox Judaism. In America, many Jews are very ignorant. You live in NY (I think), but there is a whole world outside of New York, where people are much less likely to know about Orthodoxy. A lot of Jews don’t know even know that they are Jewish at all. Others know they are Jewish but have no idea what it means.

Also, even if someone knows he is Jewish and has heard of Orthodoxy, why should he think of being Orthodox? There are a lot of crazy groups in the world, l’havdil. Why would someone think of joining if he has no reason to believe it is true? Do you think you would have become Frum if you had grown up knowing nothing?

Furthermore, what about those people who are moser nefesh to try to do what they can? When FFB’s want to work on themselves, they take small steps and don’t expect themselves to be perfect in one day. Certainly, one can’t expect more from someone who did not grow up Frum and did not have a Yeshiva/Bais Yaakov/Kollel education and all the advantages that FFB’s have. Expecting someone who didn’t grow up Frum to become Shomer Shabbos is like someone expecting you to be the Gadol Hador! (I know – now you are going to tell me that you are the Gadol Hador. But I know you are not, because I just saw the Gadol Hador this morning and got a bracha from him!).