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ד"י קרֶֶפּ
די קרפ
םייח ץפח
Chafetz Chayim .דָחֶא דָחֶא םרֲֵאָבְנוּ הרימשה תבוח סרטנוק
Kuntres Chovat HaShemirah
14 chapter
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Hagahah
The Shulchan Aruch Choshen Mishpat (Section #228) did not
cite the opinion of Rebbe Yehudah but only expressed the law
as the mishnah stated it regarding “(and this customer) had no
intention to buy it.” It is possible that the Shulchan Aruch held
that both are the same; that since ‘the customer does not have
money’ (Rebbe Yehudah’s case) it is the same as ‘not wanting
to buy’ (the case of the Mishnah). It is also possible that the
Shulchan Aruch held that Rebbe Yehudah refers to a case where
he really does want to buy, but if the merchant knew that he had
no money he would not have wasted his time talking to him, and
this circumstance is also an example of “abuse.” But perhaps the
rabbis (the Mishnah) disagree with Rebbe Yehudah in this regard
and therefore the Shulchan Aruch did not codify this as being the
law. This same conclusion is mildly inferred from the Gemara
Pesachim (112b) where Rebbe Yishmael commanded \ instructed
Rebbe in three things, implying this was only good advice, a
41
good ethical teaching (but not the halacha). However, the Torat
Kohanim and the Tosefta imply that the Mishnah’s expression
of the law and Rebbe Yehudah’s expression of law are one and
the same since the customer had no money he does not want to
buy it at this time. That is also implicit in Rashi’s commentary
on that gemara. (Please see that reference). So, based on this,
regarding one who seriously wants to buy the merchandise but
has no money at that time, it is possible to say this buyer is not
guilty of “abusive” speech since he will now work out a way to
get money to pay for that merchandise.
That which the Baraytah states “because this is known only
to you” is referring to the entire Baraytah (all the cases of the
Baraytah concern words which are either permitted or forbidden
depending on one’s intent) and comes to offer an explanation
why the text used the word “fear.” The explanation is: All of
41. One of these three things being “Do not eye a purchase if you don’t have
the money to pay for it.”
175 174 די קרפ ההגה םייח ץפח הרימשה תבוח סרטנוק .י"ִשּׁרַ ,הֶז חָקִּמ תוֹנקְִל ץֵפָח יִתיִיָה וֹא
th
תוֹגָהְנַהְו תוֹכָלֲה ,םיִטרְָפּ .ל"ַנַּה םירִָבְדּ הרָָשֲׂע ןַיְנִעְבּ רָכְּמִמ וּרְכְּמִת יִכְו" :)ד"י ה"כ ארָקְִיַּו( רֵמוֹא אוּהֶשְׁכּ ,ןוֹמָמ תַאָנוֹאְבּ אָלֶּא וֹניֵא וֹא ,םירִָבְדּ תַאָנוֹאְבּ רֵמוֹא הָתַּא .רֵבּדְַמ ב
הרימשה תבוח סרטנוק
אי קרפ
אלֹ ךְָתרָוֹתִּמ ,דֹאְמ דַע יִנֻציִלֱה םידִֵז" :)א"נ ט"יק םיִלִּהְתּ(
םַעַפּ אלֹ ,רַמוֹל וֹנוֹצרְ ,"דֹאְמ דַע" רַמָאֶשּׁ הַמוּ ."יִתיִטָנ
אלֹ ךְָתרָוֹתִּמ ןֵכ יִפּ לַע ףַאְו ,דֹאְמ דַע םִא יִכּ ,םִיַתְּשׁוּ תַחַא
וֹתְּעַדּ הֶיְהִתּ םָלוֹעְל :).ז"י תוֹבֻּתְכּ( ל"ַזֲח וּרְמָאֶשּׁ הַמוּ .יִתיִטָנ
םִע אלְֹו ,וּרְמָא תוֹיּרְִבַּה םִע .תוֹיּרְִבַּה םִע תֶברֶֹעְמ םָדָא לֶשׁ
"יִתיִטָנ אלֹ" רַמָאֶשׁ וּהֶזְו ,םֶהָל הֶנֲעַי אלֶֹּשׁ רָקִּעָהְו .םיִצֵלַּה
.םֶהָל תוֹנֲעַל
תַצֲעַבּ ,םוֹלָשְׁו סַח ,ךְֵלוֹה םָדָאָה םִאֶשׁ ,בוּתָכַּה רוּאֵבוּ
םִא וּלִּפֲא זָא ,םיִצֵלַּה םִע רֵבַּחְתִמוּ םיִאָטַּח ךְרֶדְֶבוּ םיִעָשׁרְ
ןיֵא ,ןֵכּ םַגּ הרָוֹת ירְֵבִדּ םיִברְָעְתִמ דָמֲעַמ וֹתוֹאְבּ םיקִרְָפִל
תוֹפִּלְקַּה םִע הֶז רָבָדּ ןֵכּ םַגּ ברֵָעְתִמֶּשׁ .הָשּׁדְֻקַּה ַח ֹּכ םֶהָל
ןֵכּ םַגּ אָבוּהְו ,םיִשׁוֹדְקַּה םירִָפְסַּה וּבְתָכֶּשׁ וֹמְכּ ,הָאְמֻטַּהְו
אלֶֹּשׁ ,רָשָׁי םָדָא אוּה םִא לָבֲא .יֵלְשִׁמְבּ א"רְָגַּה רוּאֵבְבּ
because he would be ridiculed and so he could not follow this approach,
then at the very least he should psyche himself up and stand up for his
principals and beliefs and fight a battle against his Yetzer Hara so that he
should not come to transgress the esur of the Torah of listening to Lashon
Hara and accepting it as truth. In this context, three conditions must be
fulfilled, and in so doing he will be saved from violating a Lav, an esur of
the Torah, whose punishment has been previously described: He should
absolutely resolve not to believe the denigrating language that he hears
about his fellow Jew (the “victim”). He should not gain any benefit in
listening to this forbidden language, and he should also stand strong in his
resolve not to show the members of that group any sense of satisfaction at
hearing what they said and that he agreed with them. He should remain
unexpressive and passive, and if it’s possible, he should frown his face at
what they’re saying so that they would understand he does not agree at
all with their vanity. That would be the best approach in this particular
circumstance.
."ךָיקֶלֹאֵמ ָתארֵָיְו" :)ז"י ה"כ ארָקְִיַּו( וֹבּ רַמֱאֶנ ,ר ּ ֹכְמִל הָאוּבְתּ וֹל שֵׁיֶּשׁ רֵבוֹס יִתיִיָה .הָבוֹט םִא יִכּ יִתיִשָׂע אלֹ ,רַמוֹל אוּה לוֹכָיֶּשׁ ,תוֹלּקְַלקֲַעַל וֹא ל