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Shmirat Haloshon


 

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SEFER CHOFETZ CHAIM

Day 65 ¨C Taking The Law Into One¡¯s Hands
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We have seen that it is permissible for a beis din, rabbinical court, to use certain forms of social pressure to persuade an individual to abide by its ruling.? However, it is forbidden to use social pressure in order to bypass the court process and force a thief to return what he stole.? It is wrong to cause the community to take a stand in a monetary issue on the basis of an individual¡¯s word alone; only through the psak (ruling) of a beis din may the community take a stand.? Thus, it is correct to ensure that the parties come before a beis din, but it is forbidden to personally orchestrate the enforcement of what one believes to be justice.
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SEFER SHMIRAS HALOSHON
A Swindler Comes to Town
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People who speak loshon hora tend to rationalize their sinful behavior with the contention that the listener wanted to hear the gossip and that he obviously enjoyed it. Moreover, the two remained good friends after their discussion. Could one really be guilty of causing his listener harm when he obviously had such a good time? The fallacy of such thinking can be explained with the following parable:
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A swindler came to a certain town and disguised himself as a respected leader of the community. When a visitor arrived in the town, the swindler welcomed him like an old friend and invited him to a local inn where the two could enjoy each other¡¯s company. At the inn, the swindler said, ¡°It¡¯s been so many years since the last time we saw one another. My joy is indescribable. This calls for a celebration! Please, go to the counter and tell the manager to serve us the very best of everything he has to offer! Of course, I¡¯ll pay the bill.¡¯¡¯
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The two wined and dined until they had both eaten more than their fill. At that point, the swindler slipped out the door, leaving his ¡°guest¡± with the enormous bill to pay. The poor fellow explained to the manager what had transpired, but to no avail. ¡°All I know,¡¯¡¯ said the manager, ¡°is that you came to the counter and ordered all that food and drink. Whatever happened between you and that other fellow is of no concern to me. Pay up!¡¯¡¯
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One who listens to loshon hora is like the visitor in our parable. The listener is happy and feels no enmity toward the speaker, who seems to be entertaining him free of charge. The listener sees the speaker as his dear confidant, who tells him private information that he might not divulge to others. But all this is only on this world, while ¡°the shop is open, and the Merchant extends credit¡± (Avos 3:20). In the next world, however, where ¡°the ledger is open ... and the collectors make their rounds,¡¯¡¯ one will have to stand judgment for having listened to and accepted forbidden talk. Every word that he listened to will be recorded there, and he will have to pay a very heavy price.
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Keep reading Day 66, the lesson for second day of Shavuos
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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