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the prohibition is specifically connected to the breaching of trust? Or he will be prevented from doing mitzvos, because it would even be
is the prohibiton the very revelation of any information that the other permissible to hand him over for execution.
party would probably prefer to keep secret? It says in the Rama (Yoreh Deah #336:1) that we excommunicate a
We should point out that Rav Yaakov Chagiz wrote that it seems person who is worthy of excommunication, even if there is a chance
there is a prohibition to look into the private matters of one’s fellow- that this may cause him to adopt bad behavior. The Vilna Gaon (there
man. If not, then how would we explain the fact that it says “Do not 336:5) writes that the source for this is that it says in maseches Kid-
gossip – to others or to yourself [meaning, there is a problem in you dushin (72a) that we excommunicate a sinner despite the fact that
yourself finding out, not only in revealing it others]”? (Responsa Hala- this may cause him to become an apostate. We do not need to be
chos Ketanos, Part 1 #276). concerned about this possibility.
The Rama (Choshen Mishpat #420:38) writes: “He who speaks
badly about the deceased has to accept upon himself fast days and Case 2:
repentance and a monetary fine.” Does this refer to falsely slandering If the country that is demanding extradition is likely to execute the
the dead (for which there is a specific edict, as ruled by the Shulchan Jewish sinner, then it is prohibited to give him into their hands since
Aruch, Orach Chayim #426:3), or does it apply even to relaying some he does not deserve death. When it says in maseches Bava Metzia
true negative information about the deceased? If so, then what is the (83b) that Rabbi Elazar bar Rav Shimon handed over thieves to the
source of this prohibition? Is it due to the injunction to honor the government even if the King would kill them, there was no other way
dead?
to stop them except by handing them over. If this is the case, then ba-
If there is truly a prohibition against speaking lashon hara about sic halachah permits handing them over (but it is not appropriate for
the dead, is there also a prohibition to reveal a person’s secret after his great pious men such as Rabbi Elazar bar Rabbi Shimon and Rabbi
death, even if the secret contains nothing negative about him? Yishmael to do so). Nowadays, this is not applicable since it is always

3. Just as it is permitted to relate negative information about a per- possible they may be imprisoned, not executed. Therefore, it is not
son if there is some benefit (toeles) involved (Chafetz Chaim, Rechilus permissible to hand them over to be killed if the gentiles will kill them
#9, Lashon hara #10), is it also permitted to reveal someone’s secret contrary to the laws of the Torah.
for some benefit? Or perhaps, since the revelation of a secret is also a
breach of trust, there are different prameters?
Case 3:
Prof. Nachum Rakover
If it is clear to beis din that the sinner repented and will not return
to crime again, one should not hand him over to the government. In
1 AnsweR to Question 1 his current situation he is not deserving of jail according to Torah law.
As Rashi wrote in Pesachim (91a, s.v. beis ha’assurim) that we imprison
Is there a prohibition to reveal a secret? Even if it was not told to a person for the following reasons: a) To force him to divorce his wife
the person by the owner of the secret, it seems to me that there is a then he is obligated to divorce her. b) If he owes money and runs away
prohibition against repeating it. As Rabbeinu Yonah wrote in Shaa- to avoid paying it. c) If he threw a stone at someone and we are unsure
rei Teshuvah (Shaar 3 #225), a person is obligated to conceal a secret if the victim will die from the wound. A thief is not included in this
revealed to him by his friend, even if it does not involve any slander. list. If someone stole, then we obligate him to return his loan or other

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