SEFER CHOFETZ CHAIM
Day 66 ¨C Accusations against the Beis Din
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If one witnessed a crime which subsequently came before a beis din, rabbinical court, and the accused was acquitted of any wrongdoing, it is forbidden to voice criticism of the beis din¡¯s ruling.? One must assume that a court comprised
of Torah scholars has done its best to ascertain the facts according to the methods prescribed by halachah (i.e. testimony of two valid witnesses), and has ruled in accordance with Jewish law as detailed in Shulchan Aruch.? If one was the sole witness to a
crime, then his testimony is invalid, no matter how convincing are his arguments.? Furthermore, one must come to terms with the reality that humans are limited in their ability to determine and carry out absolute justice, and ultimately, it is in Hashem¡¯s
power to correct social justice.
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Certainly one who loses a court case cannot possibly be objective in his evaluation of the beis din¡¯s ruling.? The practice of raising questions as to the competence of the beis din, or accusing the judges of bias, is blatant hotzaas shem ra (slander).
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Nevertheless, if one suspects that the ruling was the result of an error in the legal process, he could seek the advice of a rabbinic authority and ask that he investigate the matter.
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SEFER SHMIRAS HALOSHON
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Beyond Description
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Our Sages teach: ¡°Loshon hora kills three: the speaker, the listener, and the person being discussed¡± (Yerushalmi Pe¡¯ah 1:1).
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A gossipmonger causes many to sin all at once, for it is his way to assemble a crowd around himself to hear his latest piece of gossip. The gossipmonger is deft in the art of making his reports intriguing and convincing, so that his listeners accept his words
as fact and, in most cases, spread the news to others. Moreover, those who take pleasure in listening to gossip often adopt the ways of the gossipmonger, as they spread gossip, both new and old, to others.
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Words cannot adequately depict the depth of the gossipmonger¡¯s sin. His words bring untold harm to himself and to all those who accept and relate loshon hora because of him. His crime is often compounded as he spices his words with mockery and lies, which even
if not disparaging are nonetheless forbidden.
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The Mishnah states: ¡°Scripture punishes one who joins transgressors like the transgressors themselves¡± (Mishnah Makkos 1:7). Surely whoever willingly joins the gossipmonger¡¯s group will stand judgment for this, and will be inscribed Above as belonging to a
¡°fraternity of wickedness¡± (Tzavaas R¡¯ Eliezer 7).
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