Page 142 - V4
P. 142

Sefer Chafetz Chayim                  םייח ץפח רפס
 Hilchot Esurei Rechilut            תוליכר ירוסיא תוכלה
 Kelal Beit  -  Halachah 2             ב-א הכלה -  ב ללכ


 Hagahah
 If the speaker conveys Plony’s remarks in a way that both interpretations
 can  be  equally  understood,  that  the  way  in  which  the  remarks  were
 conveyed is neutral and does not specifically lean to either interpretation,   'ב ללכּ
                                                 ְ
                                               ָ
 then this situation requires more study to determine if conveying those
 remarks is permitted or forbidden.  Because it is possible that the listener
 (i.e., this person who is the subject of the gossip) will judge the remarks
                                               ְ
                                                               ֶ
                               ְ
                                                           ְ
                                  ְ
                              ַ
                                      ָ
                                         ְ
                          ִ
                                                                     ִ
                                                   ִ
                                                                   ָ
                                       ָ
                                                                    ְ
 as being degrading and he will think that Plony’s intent was most certainly    ,תוּליכרְ ןינִעל אתלתּ יֵפַּאדּ ןידַּה רַאֹבי הז ללכבּ
 to degrade him.
                                ִ
                                                  ְ
                             .םיפיִעס 'ד וֹבוּ ,םיִטרָפּ רָאְשׁ דוֹעו
                                                              ְ
                                    ְ
 Ostensibly, there is a proof in Gemara Babba Kamma (99b) to support
 the approach that these kinds of remarks can be repeated to the “victim”
 (i.e., to the listener).  The gemara there discusses an incident involving
 a  butcher  who  slaughtered  an  animal  whose  kashrut  was  questionable.     .בא ה"כ ,ןסינ ו"ט ,תבט 'ה - תרבועמ הנש    .בא ח"כ ,ןסינ ח"כ ,ולסכ ח"כ - הטושפ הנש :ימוי חול
 Rav held the meat was Treif and yet exonerated the butcher from paying
 any  fine  and  that  the  butcher  did  not  have  to  compensate  the  animal’s
 owner at all.  Sometime later on Rav Kahanah and Rav Assi met up with   םייחה רוקמ
 the owner of this animal and told him that Rav did two things to him    ןכֶּשׁ לכו )א( ,דיִחי ינְפִבּ וּלִּפא ,תוּליִכרְ רפּסל רוּסא .א
 (presumably that Rav invalidated the slaughtered meat and deprived the   ֵ  ָ  ְ  ָ  ֵ  ֲ  ֵ  ַ  ְ  ָ
 owner of compensation).  The gemara asks, “What two things?”  If you   .םיִבּרַ ינְפִבּ
                                               ֵ
 had presumed the two things were losses to the owner etc., but we have
 a Beraitah that says - What is the source that teaches that when a judge
 leaves the court following a verdict he may not say to the loser “I held
 you were right but my colleagues held you were liable and (since they   םייח םימ ראב
 were a majority) what could I have done?” (Then if Rav Kahana and Rav
 Assi could not report the losses, what two things did they convey to the    רפיסד  ןויכ  ןנירמא  אלו  .םיבר  ינפב  ש"כו  )א(
 animal’s owner?).  Therefore they must have conveyed remarks that were
 superlatives,  namely,  that  Rav  judged  a  questionable  case  and  decided    ינזאל רבדה אוביש יאדוב עדי כ"א ,םיבר ינפב
 the meat could not be eaten in order that you would not eat questionably    ול רמא ולאכ יוהו ,תוליכרה וילע רפיסש שיאה
 unkosher  meat.    Then  necessarily,  neither  Rav  Kahana  nor  Rav  Assi
 elaborated on their remarks to the animal’s owner, because if so, what was    םושמ .ךכו ךכ הזה שיאה לע תרביד התא וינפב
 the gemaras initial question?  Even so, neither of these two rabbis ever    ןמקל ראובמש ומכ ,איה הרומג תוליכר הז םגד
 suspected (they did not even entertain the thought that) the owner would
 interpret their remarks negatively.  However, one can deflect this entire    תלחתב ר"השל תוכלהב ליעל ןייעו .א"ס 'ג ללכב
 approach and argue that when the gemara asked  “What two things?” it   .םיקסופה לכ תמכסה אוה הז ןידש ח"מבב 'ב ללכ
 meant- How did Rav Kahana and Rav Assi conclude their remarks?  “If
 you were to say that...etc.”
 Alternatively, Amora’im in general and Rav in particular had very well   םייחה רוקמ
 respected public reputations (please see Gemara Yevamot 37b) and the
                                                             ַ
                                                               ֲ
                                                                     ֲ
                                                 ְ
                             ָ
                              ְ
                       ַ
 animal’s owner would most certainly have judged the comment made to    ארָקְנּ המ 'ח ללכִבּ ןמּקַל ראבנֶּשּׁ המ יִפכּ( תוּליִכרְ קבא וּלִּפא .ב
                     ִ
                                 ָ
                                         ְ
                                             ַ
                                        ָ
                                    ְ
                                       ֵ
 137                                                                             132
 volume 4                                                                     volume 4
   137   138   139   140   141   142   143   144   145   146   147