Page 29 - V3

Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara
Kelal Zayin

Be'er Mayim Chayim on page 171

K7/11. But this must literally be strong circumstantial evidence,
namely that it is directly relevant (26) to the subject of the remarks
and that he (the speaker) saw the evidence himself. But if the
circumstantial evidence is not directly related to the remarks,
that the circumstantial evidence is flimsy, or if he did not see the
circumstantial evidence firsthand but only heard about it from
someone else (27) then there is no basis for believing the Lashon ,הנושל לע דסח תרותו המכחב החתפ היפ
Hara at all. הללהיו הלעב הורשאיו הינב ומק

Be'er Mayim Chayim on page 173

K7/12. Understand clearly, that even strong circumstantial Dedicated in loving memory of our
evidence (that the Lashon Hara is true) is only relevant in allowing Beloved wife, mother and grandmother
the listener himself to believe what he hears. But circumstantial
evidence has no value at all in allowing this listener to go out and
tell others what he heard, as it is no better than if he himself saw his Masha Ze’eva Bat Cima Miriam A”H
fellow Jew doing something shameful, that is forbidden to go and
th
rd
tell others (28) about it, as I explained above in the Kelal, the
halacha. Understand even more, that under no circumstances (29) By her husband
can someone rely on this leniency of “circumstantial evidence” and
Mekor Hachayim Be'er Mayim Chayim on page 181 Her children Jason, Joseph and Mazal
Eli Esses
cause a financial loss (30 ) to someone or harm him (31).

And their families
K7/13. However there are certain exceptions when the Beit Din
does have the authority (32) (to impose a financial penalty or
loss) because of the needs of the moment (i.e., the circumstances
are urgent). For example, someone appeared before the court
complaining that he was robbed and based on strong circumstantial
evidence he determined that so-and-so was definitely the thief
and the Beit Din sees that evidence. Or witnesses testifed before
the Beit Din describing the circumstantial evidence. Under these
conditions, the Beit Din has the authority to mete out punishment
to the suspect (and coerce him to admit he was the thief). But an
individual has no such prerogative. Nor does Beit Din have this

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