Page 348 - V1

Sefer Chafetz Chayim םייח ץפח רפס
Hilchot Esurei Lashon Hara ערה ןושל ירוסיא תוכלה
Kelal Aleph ‑ Halachah 1 ט הכלה - א ללכ

and Rechilut. (Please see the commentary there of the P'nei Moshe in the ודיבו 'וגו ילא ףעיו םש בותכש ומכ הז לע שנענ
citation beginning with the words “Rebbe Nechemiah taught”).
אוה ךורב שודקה ול רמאש ל"זח ורמאו ,הפצר

לע םגו .ינב לע אירוטליד רמאש הפ ץוצר ךאלמל
Hagahah
יאשר התא ךילע ה"בקה ובישה 'וגו שיא יכ רמאש
Based on this commentary, one must say that the reason the Torah listed
20
a special Lav about a “rauchel,” and that it was not sufficient to learn this אתיאד ומכו םהילע רמול יאשר התא יאו רמול
from the pasuk “Do not issue a false report,” which refers to Lashon Hara, .םש טוקליב
and most certainly would include Rechilut (according to the Ra’avad’s
opinion that Rechilut is a more serious sin that Lashon Hara) was because
the Torah wanted to use a Lav that was specific to teach the esur of Lashon
Hara and Rechilut in order that one may derive from it that a slanderer
would be culpable to receive lashes for slandering, as the Gemara Ketubot
teaches (46a). One cannot derive this rule from the Lav of “Do not accept
a false report,” as there is more than one application of the Lav, as the
Gemara Shvu’ot teaches (31a), and as was explained in the preceding
Introduction in Lav #2.
Or it is possible that the Torah wanted to teach that the sin of Lashon Hara
and the sin of Rechilut begins the moment this person first begins to move
towards committing that sin, similar to what is taught in the gemara in
Avodah Zara (18 b) quoting Tehilim (1:1) “Who does not go.” But once
21
he goes….” And also as taught in that same masechet (8a) “and calls
towards you” (Shemot 34:15) (and since he called you and you accepted
the invitation, it is as though you ate part of that Korban) even though he
did not yet eat from that sacrificial offering.” And also, the Gemara Babba

27 According to the opinion of the Ra’avad, that Rechilut is a more severe sin
than Lashon Hara, one must explain the reason for the Torah expressing the
esur of speaking Rechilut in terms of a “rauchel,” (a peddler) and did not
express the esur in the Lav of Lo Te’sa from which the esur of Lashon Hara
is derived, since it would then most certainly follow as being forbidden. In
possible explanation, the Torah wanted to express a special Lav for Lashon
Hara and for Rechilut. Because of this special Lav (“Do not peddle gossip”),
which is inclusive of Rechilut and Lashon Hara, we can infer that if someone
slanders falsely, in addition to transgressing the Lav, he would also receive
lashes from the Beit Din, as the Gemara Ketubot (46a) teaches. However, the
Lav of “Lo Te’sa Shema Shav,” “Do not accept a false report,” also applies
to a party to a legal dispute. This Lav forbids the litigant from expressing his
side of the dispute if the opposing side is not present to hear his arguments.
In the absence of an opponent, the litigant will most certainly inject false

295 318
volume 1 volume 1

11

VOL-1