Lashon Hara: Difference between revisions

Lashon Harah is any form of speech or communication that may harm someone else emotionally, financially, physically or damage their general reputation.<ref>Rambam, Hilchot De’ot 7:5. Regarding reputation damage, cf. Chofetz Chaim, Hilchot Lashon Harah 1:1.</ref> The severity of Lashon Harah is so awesome that according to the Chafetz Chaim, violating the prohibition of Loshan Harah entails transgressing at least six negative Biblical commandments and at least two positive commandments.<ref>Chofetz Chaim, Hilchot Lashon Harah, Peticha. The gemara Yerushalmi Peah 1:1 tells us that just like studying torah is equal to all other mitzvot, so is the sin of lashon hara equal to all other sins. The gemara Sota 42a says that people who speak lashon hara are included among those who are not permitted to greet the Shechinah. </ref>

#It’s forbidden to speak about anything negative about a fellow Jew even if it’s true. This prohibition is called Lashon Hara. When communicating something false about another person, an even more severe sin is committed, that of Motzei Shem Ra (lit. producing a bad name for someone else). <ref>Rambam Deot 7:2, Chafetz Chaim (Lashon Hara 1:1) </ref>

#It’s equally forbidden whether one volunteered or if one was asked for information where one will come to say Lashon Hara or Avak Lashon Hara. One should not listen to one’s father or Rabbi to say Lashon Hara or Avak Lashon Hara. (See circumstances where it is permitted in section Toelet). <ref>Chafetz Chaim (Lashon Hara 1:5) </ref>

#Even if taking upon oneself not to speak Lashon Hara will cause one to sustain financial loss such as the loss of one’s job (such as where the employer is very immoral and irreligious and considers one who is careful about this prohibition to be a fool and he’ll fire that person), nonetheless, it is forbidden to speak Lashon Hara. <ref>Chafetz Chaim (Lashon Hara 1:6) based on Rama YD 157:1 </ref>

#Even if it will cause one embarrassment not to say Lashon Hara one may not say Lashon Hara. <ref>Chafetz Chaim (Lashon Hara 1:7) </ref> Needless to say, such a heroic moral stance is rewarded exponentially, in line with the rabbinic dictum "Reward is in proportion to the effort."<ref>Ethics of the Fathers, Chapter 5</ref>

#Even if while saying Lashon Hara one also degrades oneself it’s still forbidden. <ref>Chafetz Chaim (Lashon Hara 1:9) </ref>

#There is a Biblical prohibition of believing any form of Lashon Harah, even if the subject of discussion is present and does not deny what's being said about him.<ref>Chofetz Chaim, Hilchot Lashon Harah 7:1-2 from gemara in Pesachim 87b and 118a. See Rambam Sefer HaMitzvot 181 and Hilchot Sanhedrin 21:7, Sefer HaChinukh 74, Shaarei [[Teshuvah]] 303:211 </ref>

#It’s forbidden to say Lashon Hara in front of one person and all the more so in front of many people. <ref>Chafetz Chaim (Lashon Hara 2:1) </ref> However, it is permitted to make an ambiguous statement that can be understood in two ways (positively and negatively) about a Jew only if one says it in front of three people. The reasoning is that since it is said in front of 3 people the word will spread to the one being spoken about. If the speaker knows that what he says will be heard by the one he is speaking about, surely he will be careful not to say something that is recognizably derogatory about another. For example, to say "fire can be found in a certain house": the comment may be construed positively (the family has many children and Hashem blessed them with wealth or that they are extremely hospitable), but it may also be construed as a criticism (i.e. in that house, they always eat gluttonously) . <ref>Chafetz Chaim (Lashon Hara 2:2). This is his understanding of the Rashbam to Bava Basra </ref>

#Some say that if someone said Lashon Hara before 3 people, even though he certainly violated Lashon Hara, the people who heard it may repeat it to others as long as one doesn’t intend to spread the word and publicize it. Some say it is forbidden except if it comes up tangentially in conversation. <ref>Chafetz Chaim (Lashon Hara 2:3) </ref>. Only those who heard it directly can repeat it, however, one who heard from someone who heard it originally may not repeat it. <ref>Chafetz Chaim (Lashon Hara 2:4) </ref>

#If one of the 3 original people who heard it were yireh Hashem who are careful on Lashon Hara then it’s forbidden to repeat it. <ref>Chafetz Chaim (Lashon Hara 2:5) </ref>

#Something said before three people may only be repeated within the city and not in another city. <ref>Chafetz Chaim (Lashon Hara 2:6) </ref>

#If the speaker said not to repeat the information to others then it is Lashon Hara to repeat it. <ref>Chafetz Chaim (Lashon Hara 2:7) </ref>

#This leniency only applies to 1 speaking to 3 and not 2 speaking to 2. <ref>Chafetz Chaim (Lashon Hara 2:8) </ref>

#One may not add even one word or to support it such as saying that story which was heard was accurate. <ref>Chafetz Chaim (Lashon Hara 2:9) </ref>

#If it’s well known that a certain person did wrong in his past but now acts properly or it’s well known that his parents did wrong but he acts properly it’s forbidden to say this negative information. <ref>Chafetz Chaim (Lashon Hara 2:9) </ref>

#Even if one fulfills the other requirements of BeApei Telata, if someone knows that the one listening will accept this information as true and add to it, it’s forbidden to tell him. <ref>Chafetz Chaim (Lashon Hara 2:10) </ref>

#One who is careful about their soul would distance themselves from this leniency altogether. <ref>Chafetz Chaim (Lashon Hara 2:10) </ref>

#It’s absolutely forbidden to say that the Rabbi’s Drashas (Divrei Torah) aren’t substantive or that there’s no point in listening because this is certainly Lashon Hara even if it’s true. If he is someone who is concerned with his soul he would give advice to the Rabbi privately and fulfill viahavta LeReacha Kamocha. <ref>Chafetz Chaim (Lashon Hara 2:12) </ref>

#If a person revealed information relating to his business before 3 people, one who heard it may repeat it to others as long as he didn’t express that he doesn’t want this information repeated and the other conditions of Apei Telata are followed. <ref>Chafetz Chaim (Lashon Hara 2:13) </ref>

#It is forbidden to say Lashon Hara even if one would say that information in front of the one who is being spoken about. It’s a grave prohibition to say Lashon Hara about a person actually in front of the one being spoken about. <ref>Chafetz Chaim (Lashon Hara 3:1) </ref>

#That which Chazal permit when the speaker would have even said it in front of his fellow (the one being spoken about) that’s only to say Avak Lashon Hara which is a statement that can be interpreted in two ways. Thus, if he wouldn’t be embarrassed to say it before his fellow it’s clear that his intent isn’t to say something negative and it’s permitted. However, if he would be embarrassed to say it before his fellow it’s clear that his intent is to say something negative and it’s forbidden. <ref>Chafetz Chaim (Lashon Hara 3:2) </ref>

#It’s forbidden to say Lashon Hara even if one isn’t doing it out of hatred and intent to speak negatively about one’s fellow and even if it’s just a joke it’s a biblical prohibition. <ref>Rambam Deot 7:4, Chafetz Chaim (Lashon Hara 3:3) </ref>

#It is forbidden to say Lashon Hara even if one doesn’t mention the name of one’s fellow but it’s clear from the discussion who that fellow is. <ref>Chafetz Chaim (Lashon Hara 3:4) </ref>

#Lashon Hara includes speech which isn’t negative about one’s fellow but it can cause one’s fellow embarrassment and the speaker intended this.. <ref>Chafetz Chaim (Lashon Hara 3:4) </ref>

#It’s forbidden even if one says it casually pretending not to know that one is saying Lashon Hara or that these are the deeds of that fellow. <ref>Rambam Deot 7:4, Chafetz Chaim (Lashon Hara 3:5) </ref>

#One may not say any negative about one’s fellow even if it will not cause any bad to my fellow. <ref>Chafetz Chaim (Lashon Hara 3:6) </ref>

#If one sees one’s fellow do a sin if he is God fearing one must judge his favorably, if he is in between and the situation is unclear whether he was doing something wrong or not one must judge him favorably and even if the situation leans to the side that he was doing seomthing wrong it’s very proper to leave it as a doubt and not judge him negatively. If the situation is leaning to the side that he didn’t do something wrong it’s forbidden to judge him negatively. <ref>Chafetz Chaim (Lashon Hara 3:7) </ref>

#It is forbidden to say Lashon Hara about the [[land of Israel]], its fruits, its people or any other aspect of it. <ref>Mishpatei Hashalom pg. 220. This is learned from the spies who are punished in Parashat Shelach for their slander of the [[land of Israel]]. </ref>

#It is also forbidden to speak Lashon Hara about the deceased. <ref>Mishpatei Hashalom pg. 220 </ref>

# Fundamentally, it is permitted, and perhaps you are required, to be aware of the character traits and behavior of your local leadership, so journalism which is written to that end is permitted. However, one must still be very cautious not to deviate from fair judgement and the relevant and necessary information. <ref>Iggeret Chazon Ish, Volume 2, Iggeret 133b, cited in True Facts and False Rumors by Rabbi Daniel Feldman.</ref>