Page 55 - V4

Sefer Chafetz Chayim םייח ץפח רפס
Hilchot Esurei Rechilut תוליכר ירוסיא תוכלה
Kelal Vav 'ה ללכ - םייחה רוקמ

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Be'er Mayim Chayim on page 215 רוּסִּא שׁי ןכּ םגּ )ב( דבלִבּ תוּליִכרְ תעיִמְשׁ לע ףאו .ב
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RK6/3. And if his (the “victim’s”) business was harmed and this ףיִעס 'ו ללכּ[ 'א קלחבּ ל"נּכו ,ערָה ןוֹשׁלבּ וֹמכּ לוֹדגּ
victim did not know the reason for it, for example, he bought a
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particular exclusive right from the government (egs., the right to ןיִמאי םִא וֹתְּעדַבּ ןידֲַע רמגנ אלֹ העיִמְשּׁה תֵעבדּ ףא ,]'ב
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collect property taxes in that locale on behalf of the government) ןינִעלדּ ,וּנּמִּמ רוּמח הלבּקַ רוּסִּא םוֹקמ לכִּמוּ .אלֹ וֹא
and the officer (the government official) removed him (took away
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that right) and this victim did not know if someone informed on תעידִי היהִתֶּשׁ ,רוּפִּסּה תלִּחְתִּמ ןיִבֵמ אוּהדּ אכיה העיִמְשׁ
him or if the government official decided this by himself of his own אוּהֶשׁ ,ןוֹגכּ ,אוּה תמא םִא ,אבּהל לע וֹל עגוֹנ הז רבדּ
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accord, or something comparable, it is forbidden for him to suspect
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any Jew (as being the cause unless he is aware of circumstantial וֹקיזּהל הצוֹר ינוֹלְפֶּשׁ ךְיא ,וֹל רפּסל הצוֹר וֹרבחֶשׁ ,האוֹר
evidence, and I will define circumstantial evidence further on (in עֹמְשִׁל רָתּמ )ג( יאדּובּ ,הזבּ אצוֹיּכו וֹנוֹממבּ וֹא וֹפוּגבּ
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the 9 halacha), only then would it be permissible to conclude an
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opinion as to who was the cause of the loss, however this victim לבא .וּנּמִּמ רֵמָשִּׁהלוּ שׁוּחל ךְיא ,עדַיל ידֵכּ הלִּחְתּכל
may not cause a loss to this person based solely on this gossip, as ,)םינפאה לכבּ( ינוגּ לכבּ הרָוֹתּה ןִמ רוּסא הטלחהבּ לבּקַל
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I will explain further on (primarily at the end of the 9 halacha
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and in the 10 halacha) since we do not presume people to be evil. ,דבלִבּ וֹמצע תא רהזּיֶּשׁ ידֵכוּ ,אמלעבּ שָׁשׁח ךְרֶדּ קרַ
th
Regarding this circumstance, the Torah instructs us (Vayikrah 19:1 ) ילוּבּקַלדּ בגּ לע ףא אָשׁיִבּ אנָשִּׁלדּ ,ל"זח וּרְמאֶשׁ וֹמכּ
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“Judge your brother \ your fellow Jew charitably.” (Please see the
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following Hagahah). Even if this victim heard that Plony was the ךְירִצ ןיא לבּקַלֶּשׁ וּלִּפא - ערָה ןוֹשׁלֶּשׁ( יֵעבִּמ שׁחיֵמל - יֵעבִּמ אל
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cause of the loss, still the most he is permitted to do is to suspect ללכִבּ ערָה ןוֹשׁל ירֵוּסִּא תוֹכלִהבּ ליֵעל ןיּעו ,)ךְירִצ שֹשׁחל -
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Mekor Hachayim Plony because of this and they said to Plony that based on what they הצוֹר אוּהֶשׁ ,םירִכּנּה םירִבדּ וֹרבחבּ האוֹר אוּה םִאו .ג
that what he heard might be true yet he may not conclude an opinion
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that what he heard was true. Even if other men begin to argue with
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,םימָשׁ ידֵי תאצל העיִמְשּׁה ןינִעבּ גהנְתִהל ךְיא הארְִתּ ,'ו
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.ןאכּ ןידּה אוּהו
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heard he caused a great problem for the victim and in so doing he
committed a terrible sin, and throughout all of this Plony remained
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silent (and did not answer the charge against him), nevertheless,
this victim may not conclude a firm opinion about Plony because
of this (meaning, because of Plony’s silence) and believe what he

the Lashon Hara they give the speaker’s report credence and will more
heard was true. Even though truthfully it is a mitzvah for a person
and bedraggled appearance of Mephiboshet as he presented himself in
to defend himself against an indictment and to argue against his
audience before David HaMelech seemed to bear out the Lashon Hara
accusers that he is completely innocent of the accusations against decisively guide the listener to a conclusion. For example, the unkempt
reported to him by Tzevah, namely that his master Mephiboshet was
him, as the Torah commands us (Bamidbar : ) “and you should unhappy that David HaMelech emerged from the civil war with Avshalom
be innocent in G-d’s eyes and in the eyes of Jewish society,” still, as undisputed king of Israel. The Chafetz Chayim Z”L differentiates
perhaps Plony understood from the circumstances (5) that society between Lashon Hara supported by weak םירכנה םירבד and strong םירבד
pre-judged him and he concluded they believed the Lashon Hara םירכנה For purposes of this translation םירכנה םירבד has been rendered
as “circumstantial evidence,” although these “facts” do not constitute
against him and that it would be pointless to try and defend himself “evidence,” but rather they are simply varying degrees of indication that
the reported Lashon Hara is true.
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