Posted on 12/25/20
This article is adapted from my sefer “What Can I Say… Today?” on the laws of Loshon Hora in contemporary times. All halachos mentioned herein are complex and part of a larger framework. The purpose of the article is to raise awareness of these essential halachos. Hence, one should not draw any practical conclusions without first consulting a rav.
Introduction
In previous articles, we set forth the basic definition of Loshon Hora and we discussed various examples. In this article, we will attempt to deal with the more subtle classifications of the prohibition. As we will see, small nuances and subjective details can differentiate between a Torah prohibition of Loshon Hora and a conversation that is completely permitted.
There are a myriad of factors which must be taken into account when deciding whether or not a given conversation is permitted. Therefore, we will only be providing the basic guidelines. The astute reader can accurately ascertain how to apply these rules in each specific situation. This is a daunting task both for the author and for the reader. One must be well-versed with halachos and extremely cautious in their application in order to adhere to the guidelines of this serious prohibition. The scrupulous individual will refrain from speaking any words that have the possibility of being Loshon Hora until he consults with a posek who is well-versed in these halachos.
Join BJL on WhatsApp Status: Click here to Join BJL status for engagements, births, deals, levayos, events & more
Join BJL on WhatsApp Groups: Click here to Join an official BJL WhatsApp group for breaking news as it happens
Nuances in Language
There are times that the same information can be conveyed in two different ways, one of which constitutes Loshon Hora while the other does not. This is when one is relaying information that is not inherently derogatory, but can be disparaging if said in a demeaning fashion.
Example: Mrs. Hoffman calls the Goldberg residence, and asks to speak to Mrs. Goldberg. Mr. Goldberg answers sarcastically, “No, she doesn’t have time to talk to anyone nowadays. She’s too busy shopping for ‘important things’ that nobody needs.” Mr. Goldberg has spoken Loshon Hora about his wife, as his words were degrading. However, it would be perfectly fine to answer, “No, she is out shopping.”
The poskim discuss various words which are found in seforim, or used verbally, when the author or speaker is arguing with a Torah scholar. They attempt to classify which use of language is considered degrading, and which is not. On a practical level, it is difficult to set concrete rules in this area. Many factors must be taken into account, such as the context of the comment, or the greatness of the rabbi versus the person who is talking about him. A halachic authority should be consulted in each situation.
Example: Mr. Rosen relates a disagreement that he had with Rabbi Levy. If he says, “Rabbi Levy said this, but I disagreed,” it is certainly not Loshon Hora. However, if he were to say, “Rabbi Levy doesn’t know what he’s talking about,” he would transgress the prohibition of Loshon Hora. In this case, his words can cause damage to the rabbi’s reputation.
Subjective Loshon Hora
Some information is not objectively negative, but it can be derogatory depending on the nature of the person and the circumstances. The context of the statement can also determine whether or not the information constitutes Loshon Hora.
How Many Hours a Day He Learns Torah
The Chofetz Chaim provides an example of one who says that another learns Torah for three or four hours a day. If this person is in kollel, this statement would be forbidden, as a person in kollel is expected to learn much more. However, if this person works full-time, it is permitted to relate that he learns for a few hours each day, as this is praiseworthy.
Not Proficient in Torah Knowledge
If one says that the rabbi of the city is not proficient in Torah knowledge, this is considered Loshon Hora. It is apparent that this will diminish the stature of the rabbi, and it has the potential to adversely affect his livelihood.
However, consider the case of someone who says, “Shmerel the shoemaker is a good, wholehearted Jew, but he didn’t have the opportunity to learn in yeshiva, and he doesn’t know so much.” Here, the halacha depends on the situation. If the speaker is describing the Torah that one would expect Shmerel to know, it does not constitute Loshon Hora. However, if the speaker is describing less Torah that one would expect Shmerel to know, his statement constitutes Loshon Hora (even if it is the truth).
Comparing the Greatness of Two Sages
Let us bring another illustration of this point. The poskim write that it is not Loshon Hora to say that one Torah sage is greater than another. This is because people generally do not lose any respect for one sage merely because another sage is greater. Therefore, when describing the rabbis in a particular yeshiva, it is permitted for one to say that one of them is the greatest lamdan (master of analytical distinctions), posek (authority of Jewish law), or any similar distinction.
However, there are some yeshivos where it is assumed that the rosh hayeshiva (dean) is the greatest scholar. (This is not necessarily the case and depends on the yeshiva.) If so, it would be forbidden to say that someone else is greater than him. Such a statement would lower the apparent stature of the rosh hayeshiva in the listener’s eyes.
This distinction is based upon subtle nuances in each scenario and can be affected by a variety of factors. Thus, one should always consult a posek before applying these laws to a given situation. Note that even when the information does lower the stature of the individual, there are circumstances which still allow one to relay the information under the dispensation of To’eles. This will be discussed in another article.
Physical Weakness
The Chofetz Chaim discusses whether or not it is permissible to say that one is weak. He writes that it depends on the situation. If the person has a job that entails physical labor or the like, such information would constitute Loshon Hora, as it could cause him to lose his job. The same would apply if there is any other negative consequence of the statement. Otherwise, the statement is permitted.
The Guiding Factor
In all of the aforementioned leniencies, one must remember the rule which we stated above: it must not be said in a degrading fashion. Even information which is not inherently negative can cause him pain or minimize his stature in the eyes of others if it was said in a demeaning manner.
It is unnecessary to provide an endless list of the applications for this principle. In every case, one must always determine if the information has the potential to lower the status of the subject in the eyes of the listeners or can cause him harm. If any such potential exists, then the statement is forbidden. If it does not, then the statement is permitted.