Monday, July 20, 2015

Lashon Hara About Quarrelsome People

The Yerushalmi [Peah 1/1] says that one is permitted to say lashon hara about baalei machlokes [rabble rousers]. This is a great heter!:-) Baalei machlokes are really annoying and we have a heter to speak lashon hara about them!

Not so fast.....

The gemara in Moed Kattan [16a] says: "And from where do we know that if one behaves insolently towards the Court's messenger and the latter comes and reports it, this is not deemed slander [on his part]? — As it is written: [And Moses sent to call Dasan and Aviram the sons of Eliab]; And they said: [We will not come up] Will you put out the eyes of these men? [We will not come up]. The proof is that Moshe wrote in the Torah that Dasan and Aviram refused to come but how did he know? It must be that the messenger told him [Rashi].
 
But wait! There is no proof from Dasan and Aviram that if one is insolent towards the courts messenger, it is not lashon hara to report it, because Dasan and Aviram were Baalei Machlokes and for THAT reason one may speak lashon hara about them [but in general one may not report insolence].  
 
This question bothered many through the ages. Rav Chaim Shlomo Abraham Shlita gathers the numerous answers in his ברכת שלמה [סימן כ]. [I again thank my sweet friends, the donors of my Otzar Hachochoma for the opportunity I have to access so many sfarim. May the זכות הרבים stand in good stead for them forever and ever! A large number of posts are only possible because of the vast library I have at my disposal].
 
How does the Chofetz Chaim pasken [8/8]?
 
There is an opinion that one may speak lashon hara about baalei machlokes - people wrongfully quarreling with others. This only applies if one sees that by showing people their great dishonesty in this matter they will understand they are wrong and this will quiet the controversy. Without this, this case is no different. Also, the following conditions must be met:

a) One must know the facts indicating they are baalei machlokes personally and not rely on hearsay from others unless it is clear to one that it is true.
b) One must have the above benefit in mind and not speak because of hatred.
c) If one can quiet the controversy in some other way without speaking of them, such as by administering rebuke, one may not speak lashon hara about them. Sometimes one is afraid to rebuke such people lest, realizing that he is not on their side the baalei machlokes may circumvent his plan [to stop the quarrel] and leave him with no way to emend the situation. However, matters like these require great deliberation. A person should not be quick to decide which side of the quarrel involves baalei machlokes, but consider the situation according to Torah law. If he cannot decide, it is better to do nothing.
 
[translation from netsor.org]
 
לרפואת
שרה באשא בת מלכה סלאוע
דבורה חיה בת טילה
דבורה ינטה בת רחל
שמואל בן רחל
אליהו טוביה בן שרה מלכה
בתוך שח"י