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Sefer Chafetz Chayim                                                                    םייח ץפח רפס
                                   Hilchot Esurei Rechilut                                                              תוליכר ירוסיא תוכלה
                                    Kelal Vav  -  Halachah 3                                                                ט הכלה -  ו ללכ


                the gentile answers - “So and so, the merchant, approached me with a                      לכוי אל ןכ םג ומצעב ונייהד ,וננינעב טושפ אליממו
                deal – “Why don’t you buy those good from me instead of him?  I have
                merchandise that is a lot better than Plony’s (the first merchant) and my                 ,הז םעטמ םידעב אלש הסיפת וליפא ,ונממ סופתל
                merchandise is cheaper than his!”  Immediately, Plony (the buyer) believes                םירבדה ולא לע םידע ודיעה םא הינימ אקפנ יאמד
                the gentile’s story as being absolutely true and considers this other merchant
                to be “meddling in someone else’s affairs and stealing away another man’s                 תא עדוי ומצעב אוהש וא ,ןיד תיב ינפל םירכינה
                livelihood” and is therefore an evil person, a Rasha.  Plony then hates this                              .םירכינה םירבדה
                other Jew and tomorrow, at the next opportunity, he will undercut him in
                every way that he can until he destroys his livelihood and they become                    .תונישלמ ןינעל םירכינה םירבד יתרייצ םינפב הנהו
                sworn enemies.  Each merchant now wants to utterly destroy the other yet
                each one sees his actions as being completely permissible and a mitzvah                   תועמ ובנגנש ןוגכ ,יוצמש המב ןטק רויצ דוע רייצאו
                since his antagonist has done the same thing to him.
                                                                                                          קדבו ,ותיבב הלילה ותואב ןל ןבוארו ,ןועמש תיבמ
                See how many Laveen were transgressed because of this: “Do not accept                     םיארמש םירבד ג"הכ לכו הצורפ האצמו ותבית ןועמש
                a false report,” “Do not hate your brother \ your fellow Jew” and  “Do
                not take revenge and do not hold a grudge” as well as many other Laveen                   וליפא וספתל רוסא יכה וליפא ,ודיספה וריבחש ןיעל
                and Aseen explained above in the Introduction.  On occasion he meets                      םשו ןידל ומע ךליש ועבתל קר ,םידעב אלש הסיפת
                the Torah’s criteria for an “informer.”  All of this because he believed the
                gossip he heard from the goy, that he believed this gentile was telling him                            .*הז לע תסיה והעיבשי
                the truth. The law sees the acceptance of gossip as truth as being forbidden
                even if a Jew conveyed that gossip directly to the victim in front of Plony               אל )ב"ע ו"נ( תבשב ש"ממ ונירבד לע גישת אלו
                and even if the gossip is irrelevant to this speaker and Plony remained                   אזח םירכינה םירבד אמעט יאמ ר"השל דוד לביק
                silent and did not respond to the accusation.  Even so, it is forbidden to
                conclude an opinion that the gossip must have been true (as we explained                  דוד  רזגש  ,תשוביפמל  ז"יע  דוד  דיספה  םשו  ,היב
                                                            nd
                                                 th
                above in the first part of the sefer (the 7  Kelal, the 2  halacha) quoting               אישק אלד ,הדשה תא וקלחי אביצו אוהש הז םושמ
                the unanimous opinion of all our Authorities).  And all the more so in our
                case where the speaker is a gentile (please refer to Gemara Babba Batra                   ב"כ ק"ס 'ז ללכב 'א קלחב ליעל יתבתכש ומכ ידימ
                45a) and he is looking out only for his own good in order to obscure his                  םירכינה םירבד תמחמ םירבדב ותונגל ןינעלו .ש"יע
                own culpability, and yet he is directly an interested party (with an obvious
                compelling motivation to lie about his involvement).  How much even                                          .לודג ע"צ
                more so is it forbidden to accept his gossip and believe that what he was
                saying was true.  It would have been much better, regarding this victim, to
                presume the gentile had a vested interest, an ulterior motive, that he was a
                liar and to have judged his fellow Jew favorably (in the first example).
                                                                                                     	   he	owes	the	money.		But	if	there	were	no	witnesses	and	Shimon	was	called
                And in the second example he (the first merchant) should have assumed                    to	court,	he	would	win	because	of	a	“migo”	meaning	that	he	could	claim
                                                                                                         he	snatched	it	and	he	would	win	because	he	could	have	answered	a	better
                the second merchant knew nothing about the deal that was transacted with                 answer, that he bought it (a “migo”- a “better answer”), and he would
                the gentile and had he taken that approach, he would have been spared                    be	believed	by	the	court	that	the	item	was	his.		But	here	in	our	discussion,
                from violating many Laveen.  First among them he would have fulfilled                    where	there	is	only	“circumstantial	evidence”	that	there	was	a	loss	(and
                the Torah’s commandment of “Judging your fellow Jew favorably” and,                      that	 it	 was	 caused	 by	 Reuven),	 even	 if	 there	 were	 no	 witnesses	 to	 the
                naturally, as soon as the second merchant saw that he was given the benefit              seizure,	Shimon	would	lose	because	he	has	no	right	to	make	the	seizure.




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