Page 45 - VOL-2
P. 45
Mekor Hachayim Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara
Kelal Dalet
that you are considering going into a marital relationship with this
person or becoming his business partner, etc. By stating the reason
for the inquiry, there will be no possibility of an esur arising out of
this questioning because there is no intent to degrade this person
but rather (the intent is) only to protect oneself (nevertheless, the
person making the inquiry should be careful not to decisively
believe the respondent [and make a judgmental decision based
solely on that response] because that would be characterized as
believing Lashon Hara. The person making the inquiry at most can
only form a suspicion that what the respondent said might be true
and then he could act accordingly to protect himself). Also, there is
no culpability on the part of the person who is making the inquiry
if the respondent answers negatively about this person. The person
making the inquiry is not guilty of violating the Lav of (Vayikrah
19:14) “Lif’nei e’ver” (causing someone else to blindly stumble
into committing a sin) because even if the respondent volunteers
information that is denigrating, he is not committing an esur since
his intention is not to humiliate this person who is the subject of the
inquiry. The respondent is only answering truthfully in order that
the questioner benefit from the response. As we explained in another
place, the law does permit this on condition that the respondent
must be extremely cautious not to exaggerate his evaluation of this
subject any more than the actual facts that he is clearly aware of, as
well as fulfilling other conditions necessary for this leniency. Please
reference further in the 9th Kelal of the laws of Esurei Rechilut (the
1st and 2nd halachot) regarding this discussion.
But if the questioner does not explain his reasons for making the
inquiry, and he pretends he is naive in order that the respondent
accurately disclose the character of this person, then it appears to
me to be obvious that the questioner is committing the sin of leading
someone blindly into stumbling into a sin. The questioner is causing
the respondent to commit an esur if he speaks slanderously about the
subject of the inquiry even if the characterization is true. We have
explained this elsewhere, that according to all Authorities the esur
of Lashon Hara applies to truthful statements. And there is no basis
for permitting the questioner to make an inquiry of the respondent
33
volume 2