web analytics
May 18, 2013 /9 Sivan, 5773
At a Glance
Judaism
Sponsored Post
jumping Following a Passion for Sports to Israel

In Israel, a new five month scholarship program being offered to young aspiring athletes – one of them could be you.



Daf Yomi


tell a friend
Daf-Yomi-logo

A Burning Question? ‘If Said In The Concerned Person’s Presence It’s Not Evil Speech’ (Arachin 15b)

Rabba says that if Reuven makes a remark concerning Shimon in his presence, it does not constitute lashon hara and is permitted. Abaya, however, maintains that making derogatory remarks about Shimon in his presence takes great nerve and is an act of chutzpa and is certainly lashon hara.

The Rambam (Hilchos De’os 7:5) codifies this halacha and states that making derogatory or insulting remarks about another person, whether in his presence or not, constitutes lashon hara and is a grave sin.

The Kessef Mishna (op cit. 7:4 at end) questions why Rambam rules in accord with Abaya.

Only For A Constructive Purpose

Rabbenu Yona (to Bava Basra 39a) explains that Abaya actually misunderstood Rabba’s assertion. Rabba did not mean to permit saying lashon hara about an individual in his presence; insulting someone to his face is certainly a grave sin. Rather, Rabba was referring to a case in which the subject is a rasha who refuses to abandon his sinful ways.

According to Rabba, one is permitted to report a rasha’s evil behavior to others provided one is doing so for a constructive purpose. For example, one may perhaps wish to make others aware of the danger of associating with such an individual, or one may perhaps reason that informing others about the rasha will inspire him to repent out of embarrassment. By speaking about Shimon’s unacceptable behavior in his presence, Reuven demonstrates that he is doing so for legitimate reasons.

In a similar vein, Tosafos (s.v. “kol milsa d’misamra b’apei t’lasa…”) also argue that Rabba is not referring to general lashon hara. Rather, he is referring to the type of lashon hara mentioned in the Gemara above whereby one issues a statement which can have derogatory connotations but is not inherently derogatory – avak lashon hara. An example of avak lashon hara is stating that the ovens in Shimon’s home are constantly burning. This statement can be construed as an insult since it could imply that Shimon is a glutton and constantly indulging in feasts and merrymaking.

Pardon Me, I Have Need Of…

On the other hand, if someone is seeking a burning coal with which to ignite his stove, and Reuven innocently advises him to go to Shimon’s house where there are usually fires burning, Reuven cannot be accused of spreading lashon hara.

Rabba teaches that we can tell what Reuven’s motivations are by whether he would hesitate making his statement in Shimon’s presence.

Accordingly, Rambam does not rule according to Abaya against Rabba. Rather, everyone agrees that genuine lashon hara is prohibited regardless of whether or not the party who is the subject of the lashon hara is present.

This week’s Daf Yomi Highlights is based upon Al Hadaf, published by Cong. Al Hadaf, 17N Rigaud Rd., Spring Valley, NY 10977-2533. Al Hadaf published semi-monthly, is available by subscription: U.S. – $40 per year; Canada – $54 per year; overseas – $65 per year. For dedication information contact Rabbi Zev Dickstein, editor, at their office 845-356-9114 or visit Alhadafyomi.org.

tell a friend

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Mandy Patinkin speaking at a Peace Now conference
Yet Another Jewish Org Poised to Honor a BDS Enthusiast (video)
Latest Judaism Stories
Torah-Anytime-logo

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Taste-of-Lomdus-logo

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Business-Halacha-logo

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”

Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)

If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.

A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.

Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.

By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.

In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.

Question: Is there anything special that one should do on Yom Yerushalayim?

Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?

No Name
(Via E-Mail)

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)

Daf-Yomi-logo

Spreading the Wealth
‘Giving to Only One Poor Person’
(Eruvin 63a)

A Sage View
‘It Needs A Partition To Divide It’
(Eruvin 47b-48a)

Twin Cities
‘A City Is Given A Karpif’
(Eruvin 57a)

An Early Navigational Instrument
‘Rabbi Gamliel Used His Tube To Measure…’
(Eruvin 43b)

Just Like Carrying In A Karmelis
‘Tithing When Night Falls’
(Eruvin 36a)

Ready And Able
‘Unripe Dates Are Unsuitable For An Eruv’
(Eruvin 28)

    Latest Poll

    If the Revelation at Mount Sinai were to be announced today...








    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-9/2012/01/26/

Scan this QR code to visit this page online:

Close