RITSS HIGH SCHOOL

PRESENTS A D`VAR TORAH

ON ACHARAI MOS KEDOSHIM

By Rabbi Moshe Heigh

GOSSIP WITHOUT MENTIONING NAMES - OF COURSE IT'S OKAY, RIGHT?

     There is a tendency to think that loshon hora is permitted if the name of the person about whom we are speaking is not specified. Let us call today's topic "anonymous loshon hora". We will discover that it is not as simple as it initially appears.

     From the laws codified by the Chofetz Chaim, it sounds like anonymous loshon hora is only a problem if the listener will somehow be able to find out who the subject is. Then, in effect, it is no longer unidentified. In 3:4, he states that loshon hora is forbidden even if the speaker does not tell about whom he is talking, if from the context of the story, the identity of the person is understood. THAT is a problem of loshon hora, BECAUSE the identity can be deduced from the evil words. If the person about whom we are talking remains anonymous, and it is impossible to figure out who he is, it seems to be permissible.

     What is the source? In the B'air Mayim Chaim, the Chofetz Chaim cites the Talmud Yerushalmi in Paiah 1:1. There were some Jews who had to report for government-imposed forced labor. One of them was named Bar Chovetz; he did not show up when he was required. Those in attendance wanted to hint this to the non-Jewish overseers, so they devised a plan. They asked each other, "What are we going to eat today?" One answered, "chuvtza". The Pnai Moshe, commentary on the Yerushalmi, explains that the proposed food, chuvtza, was a type of vegetable or legume. Once that shrewd fellow mentioned this word, the taskmasters were suddenly reminded of something. Bar Chovetz had failed to report to the compulsory labor! At that point, they summoned him. Rabbi Yochanan, in the Talmud, analyzes this tricky scheme by saying that the one who said "chuvtza" spoke concealed loshon hora.

     We see from here that even if names are not clearly mentioned, it is forbidden to relate loshon hora, IF THE LISTENERS CAN SOMEHOW FIGURE OUT WHO THE PERSON IS. What about nameless loshon hora spoken in a way that the listeners will have no idea about the subject? It seems from here that it would be fine.

     However, the intention of the Chofetz Chaim must not be taken at face value. Rabbi Shmuel Hominer, author of "Ikarai Dinim", a summary of the laws of loshon hora with brilliant analysis, shows us the true essence of this din. Also, you will soon see that this topic has to do with today's parsha in at least THREE respects.

     Rav Hominer focuses on our case of anonymous loshon hora on page 8A of his sefer, in the large footnote. If someone relates something derogatory without mentioning names, and those present will have no way of knowing about whom he is talking, what is the din? [Remember, it was inferred from the Chofetz Chaim that it would be fine if the audience would never be able to identify the person. We will now see that this really means that loshon hora according to its strict definition has not been said. Nevertheless, the speaker might still be violating other prohibitions.] First of all, if the speaker himself had only heard this information from others, he was not allowed to believe it to begin with! If he now goes and says it over, even without mentioning any names, and in his mind he believes that the person he is talking about is truly guilty of what he heard about him, he is doing an action which reinforces loshon hora in his mind. He is believing gossip, which is prohibited. The fact that he is telling it over SHOWS that he believes it, even though he is not mentioning any names. In addition, if he could have judged the individual favorably, he is violating "judge your neighbor with righteousness" (OUR PARSHA, 19:15). Similarly, if he is now telling over an episode where he was offended, and he leaves the offender unidentified, he might still be violating the injunction to give others the benefit of the doubt.

     Also, one who maintains a thought about someone else in his mind which, if said, would constitute loshon hora, is violating another lo sa'aseh. There is something called a "loshon hora thought", declares Rav Hominer, basing himself on the Rambam and Chofetz Chaim. Again in OUR PARSHA, just two psukim later in 19:17, we are told: "you should certainly rebuke your neighbor, and do not bear sin on him". What does the latter part of the verse mean? There are numerous interpretations, and all are extremely significant. Today, however, we will look at the Rambam's explanation in the Sefer Hamitzvos, prohibition 303. "Do not bear sin on him" implies that we must not bear in our minds that he has sinned. "Lo sisa alav chait" - do not carry on him any sin IN YOUR THOUGHTS - in your opinion of him. The Chofetz Chaim brings this Rambam in the end of his long note in 6:8. You must certainly rebuke your neighbor, and do not maintain wrongdoing on him - one must (politely) confront his friend regarding the wrong he committed against him, rather than bearing a grudge, a feeling of anger in his heart. If one is wronged by another, he has a choice: either totally forgive him immediately, or approach him and work out the problem. If he harbors feelings of animosity, he will transgress "do not bear on him sin (in thought)", plus the main issur of holding a grudge (OUR PARSHA again, 19:18 - the very next pasuk!). An indication of this grudge is his telling "anonymous loshon hora", which is not a problem for the listeners who will never know the identity; it IS a halachic problem for the speaker who is maintaining these thoughts. One must totally uproot the matter from his heart, whether it is something he heard from others or experienced himself.

     If so, asks Rav Hominer, what did the Chofetz Chaim mean when he implied that it is fine, as long as no one will figure out who the person is? This was the intention: there is technically no prohibition of LOSHON HORA. The other, above mentioned mitzvos are still violated. Therefore, it still must be avoided.

     Is there any anonymous loshon hora which is legal? Yes, explains Rav Hominer. If the intention in relating the nameless loshon hora is to denigrate a specific wrongdoing, and the listeners will take a lesson from these words, it will be fine. However, the speaker still must avoid concluding that the person about whom he is talking is a sinner; he must only condemn the action, not the person. He must also take precautions that the subject not be identified by the audience (unless there is a practical need for this, as governed strictly by the laws of "to'eles" - constructive loshon hora). If often happens that later on, people discover who was being discussed through their own research. This must be foreseen ahead of time. Finally, a chillul Hashem must be avoided. How so? Someone who arrives in the middle of the conversation will not know that these derogatory words are being said anonymously and for the sake of a mussar lesson only. It might appear that some regular gossip is being related, and loshon hora will not seem like such a serious offense in their eyes! Therefore, the purpose and circumstances must be clarified to them.

     We see that our parsha has a tremendous amount to do with loshon hora in general, and anonymous loshon hora in particular. May we take all this to heart and incorporate it into our daily behavior.

     This weeks D`var Torah is sponsored by Dovid Lustig in honor of his, bar mitzvah parsha kedoshim.

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