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take the time to investigate, it shows his wife is not beloved secretary. This is part of the mitzvah of doing justice. Publicizing the
to him.” This view applies only if he divorced her based on complaints of the claimant makes people afraid to steal, lest they
a doubtful premise. be shamed and disgraced. Rabbeinu Yonah wrote something similar
However, [it is different] if at the time of the divorce, (Shaarei Teshuvah, Shaar 3 #221). See also the Chafetz Chaim (Hilchos
there was no doubt in his mind, but he was absolutely Lashon Hara #10, Be’er Mayim Chayim #16).
certain that he had to divorce her for a specific reason, It is forbidden for a single witness to testify before a beis din. Since
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such as in our case, where they showed him a forged letter the beis din will not base its ruling on what he says, his words are con- 7
from a great and renowned rabbi, which caused him to sidered lashon haora. As it says in maseches Pesachim (113b), “There are
believe that divorce would cure him of his woes and give three people whom Hashem hates…and a person who sees something
him the loving marriage he desired. A person is willing to licentious in his fellow and testifies against him alone.” For example,
do anything in order to achieve salvation. This is an even the Gemara continues, Toviah sinned and Ziggud came and testified
stronger case than that of someone who presumes to be against him before Rav Pappa. Ziggud was punished. Why was Zig-
on his deathbed and divorces his wife so she should not gud punished if Toviah sinned? Rav Pappa was asked. It says that “A
be in a situation requiring yibbum (levirate marriage). In single witness shall not testify against a man,” responded Rav Pappa.
that case, he does so for her benefit. In our case, however, “And by testifying as a single witness you are giving him a bad name.”
the husband believed with certainty that divorce would be The Rashbam explains: Since your testimony will not be accepted,
for his own benefit. He relied completely on the advice of you have no mitzvah to testify. You are violating the prohibition of
the renowed rabbi and did not imagine that the letter was “Do not slander your friend” (Vayikra 19:16).
a forgery.
Likewise in every office, enterprise, factory, school or yeshiva, it is
In view of the above, my father-in-law explained that if the husband forbidden to reveal any person’s shame when there is no need to do
understood from the doctors that he must divorce his wife and could so. It is forbidden for a director to reveal details about a student to
not continue to live with her, the divorce is null and void, even if the a secretary. If a letter must be dictated to the secretary, the principal
physician did not receive a bribe but he simply made a mistake. How- should fill in the student’s name on his own afterwards. If he cannot
ever if the physician’s words were not absolutely definitive, the divorce do so, then he should take time off from work in order to write the
is valid. letter himself and not violate the prohibition of slander.

Regarding the couple who divorced as a result of the physician’s Sometimes people come into a beis din and listen in on a case in or-
assertion that “When hair will grow on the palms of my hands, this der to learn. How can the judges allow this, when it seemingly causes
woman will give birth to children,” my father-in-law thought that the litigants to speak lashon hara and the audience to hear it? Perhaps
according to basic halachah the divorce could be valid. After all, if the listener doesn’t accept the litigant’s words as fact, but gives the
many men do not divorce their wives even if they have no perceivable defendant the benefit of the doubt, then there is no prohibition in-
chance of having children; they either adopt a child, or fill their lives volved. On the other hand, the Chafetz Chaim (Hilchos Lashon Hara
with Torah and chessed. Therefore it was not a given that he had to 6:2) states that even just listening to slander without accepting it is a
divorce her, and if he did so, it must be because she is not beloved to Torah prohibition. Nonetheless, since their presence in the beis din is
him. Therefore, the divorce could be halachically valid. beneficial for them (letoeles), for they want to learn, it is permissible.

194 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dictating negative opinions to secretary 2 211

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