Page 139 - VOL-2

Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 7

cited references. The gemara quoted a story where someone who could
have been suspect (for not paying wages timely), but wasn’t.

(3/7/5)-(11)..as well as transgressing the esur of speaking
Lashon Hara : Even if his intention was to strive to reach the truth

(it still is Lashon Hara) and the proof comes from the incident involving
Miryam. Because she did not give her brother Moshe Rabbeinu the benefit
of a doubt and say his actions in separating from his wife were correct
and in accordance with the halacha, the Torah characterizes her comments
as Lashon Hara and she was punished with Tzara’at for making those
remarks. Obviously for Miryam, not judging her brother favorably was her
essential “crime,” as Hashem spoke to her saying (Bamidbar 12:8) “Why
weren’t you afraid when you spoke about My servant Moshe.” Now, if
Moshe was not correct in his actions, then Miryam would certainly have
been in the right to make that comment since her intentions were good and
she had no thought to shame her brother, G‑d forbid. Her interest was to
accomplish something positive, to build the world (to have children) as
the Sifri teaches in perashat Beha’alautcha. From the strict perspective of
the law, this is not Lashon Hara, as Rabbeinu Yonah explains in Sha’are
Teshuvah (3rd sha’ar, sections #221 and #228).

(There would have been no problem with her remarks) If not for (having
neglected) the mitzvah of “reprimanding,” that one is obliged to reprimand
a fellow Jew directly from the very outset, before discussing that situation
with anyone else, as I will discuss further on in the 10th Kelal, the 7th
notation of the Be’er Mayim Chayim. This oversight certainly would not
have warranted being punished with Tzara’at and therefore most certainly
the reason must be as I stated it (that her sin was not judging Moshe
favorably). It is well known that everything said in regard to Miryam is an
object lesson, as the Torah instructs us (Devarim 24:9) “Remember what
Hashem your G‑d did to Miryam.”10 Please see further on in the 6th Kelal,

9 Because he was judged favorably) he swore (“Ha’avodah”) that the person
who judged him favorably was correct (in extending to him the benefit of a
doubt), even though the circumstances might have appeared to be implausible,
and in turn he blessed the person who gave him the benefit of the doubt.

10 Please see a further discussion of this subject in the Chafetz Chayim’s
essay entitled “Kuntres Zechor LeMiryam,” in English translation entitled
Mazal Elul, excerpted as follows from the Introduction to the essay: “The
Prophet Yirmiyahu admonishes (8:22) “Is there no medicine in Gil’ad?

129

volume 2