Beha'aloscha - The Sin of Miriam

At the end of Parshas Beha'aloscha (Numbers 12), we read of the incident in which Miriam is punished with tzaraas for the sin of speaking lashon hara (harmful speech) of her younger brother, Moses. (See our previous discussion of this incident.) This incident is of such significance that it is the subject of a special obligation, as stated in Deuteronomy 24:9:

זכור את אשר עשה ה' אלקיך למרים בדרך בצאתכם ממצרים:

“Remember what Hashem your God did to Miriam when you were on the road when you left Egypt.”

Maimonides

Towards the end of his discussion of the laws of tzaraas (Hil. Tumas Tzaraas 16:10), Maimonides explains that the primary function of tzaraas was as a "sign and wonder in Israel to warn them against lashon hara." He then makes reference to the mitzva to remember the incident of Miriam and explains:

The Torah is telling us to think deeply upon what happened to the prophetess Miriam, who spoke about her brother. For she was older than him, and she had raised him [as a child] and had endangered herself to save him from the [river], and she did not speak derogatorily of him, but simply erred in equating him to to other prophets. {Furthermore, Moses] had no objection to any of these words, as it says [in the account of the incident] (Numbers 12:3), "and the man, Moses, was very humble." And, despite all of this, she was immediately punished with tzaraas! [If even in such a case, God was so strict with regard to the sin of lashon hara, then] all the more so with regard to those foolish and wicked men who talk excessively of great and wondrous matters [i.e. they speak disparagingly of the righteous and the prophets]!

Thus, we have a special obligation to remember what happened to Miriam, and from recalling that incident, we should recognize the great severity of the sin of lashon hara. Indeed, the mere fact that there is such a mitzva is itself a matter of great significance. As the Pele Yo'etz (R' Eliezer Papo, d.1824) points out (ערך זכרונות), lashon hara is the only prohibition with such an obligation associated with it.

While the severity of the sin of lashon hara is well known and is heavily emphasized throughout all traditional Torah works, the reason for this severity is less clear. On the simplest level, one of the reasons why the severity of lashon hara is so heavily emphasized is precisely because it is a sin that is often overlooked as insignificant. While we readily recognize the severity of crimes such as murder, robbery, or even simply striking another person, and we would not hesitate to condemn someone who engages in such behavior,   when it comes to lashon hara our moral awareness often seems to be diminished. Thus, the Torah must go out of its way to emphasize, and reemphasize, over and over, the severity of this sin, and to stress that it truly is in the same moral category as murder and robbery.

Moreover, asides from the obvious moral issues involved in lashon hara, there are sources that tell us that the severity of lashon hara is rooted in the spiritual significance of the power of human speech. R' Levi Yitzchak of Berdichov (d.1809) writes (פי' נחמד על הזכירות) that the the human power of speech is a special gift from God that distinguishes us from the animals. The true purpose of this gift is for us to use it for spiritual purposes, especially the study of Torah and prayer. To, God forbid, take this Divine, spiritual gift and use it to speak lashon hara or falsehoods or any of the other sins involving speech, is therefore a basic corruption of our spiritual status as human beings.

---

Tazria-Metzora - The Message of Tzaraas

The main subject in the parshios of Tazria-Metzora is tzaraas, in its various forms. (Tzaraas is often mistranslated as leprosy, however, in reality, it bears no resemblance to any known skin disease, and was a purely supernatural affliction.) The Sages (Talmud, Arachin 15b) teach us that the most common reason for tzaraas is the sin of lashon hara - harmful speech. (There are several different prohibitions that fall under the general category of lashon hara.)

The basic message of the affliction of tzaraas is to teach us the severity of the sin of lashon hara, for, as Maimonides writes in his conclusion to the laws of tzaraas (Hil. Tumas Tzaraas 16:10), the sin of lashon hara will eventually lead to mocking the sages, the prophets, the Torah, and ultimately even to denying the existence of God. God therefore provided us with this unique physical manifestation of punishment for this sin to emphasize the great importance of this matter.

The Zohar (Vayikra 46b) tells us that the ultimate cause of tzaraas is that, through sin, man causes himself to be separated from his spiritual Source. In kabbalistic terminology, his neshama - Divine "breath" or "soul" - leaves him. When the Jewish people are on a sufficiently high level (Ramban, Leviticus 13:47), this departure can manifest itself physically in the form of tzaraas. (This may explain why tzaraas manifests as white spots, indicating the departure of the soul, which is symbolically associated with blood (Leviticus 17:11).) This is especially true for sins involving speech, for, as the Zohar and many other sources teach us, the power of speech is deeply connected to the neshama - "soul" - and, thus, all else being equal, sins involving speech are particularly harmful.

The Chofetz Chaim

Based on this, tzaraas is an indication that one has lost his connection with God, that his sin has caused him to lose a basic aspect of his status as a human being. The Talmud (Pesachim 118) states that anyone who speaks lashon hara "it is fitting to cast him to the dogs." The Chofetz Chaim (R' Yisrael Meir Kagan, d.1933) explains ('ספר שמירת הלשון, שער הזכירה, פרק ח) that this teaches us that the sin of lashon hara causes a person to lose his status as a proper human being, making him even lower than a dog. For, as the Maharal explains, at the time of the exodus from Egypt, the dogs held their tongues from barking at the Jewish people (Exodus 11:7), but this person, whom God has graced with intelligence and understanding, cannot control his tongue.

In his discussion of tzaraas (Mitzva 169), the Sefer HaChinuch (14th century) writes that the basic message of tzaraas was to convey the message that God watches over all of man's deeds and that nothing happens without His will. Thus, even though tzaraas appeared to be a physical ailment, the afflicted person was to recognize that it was not a natural occurrence, but a punishment for his sins. Tzaraas was therefore to be "treated" exclusively by the kohanim; the same priests who are responsible for bringing atonement to the Jewish people through their performance of the Temple service. This was to reinforce in the sinner's mind the reality that God is fully aware of our actions and that nothing happens without His will.

While this is certainly an important lesson for us to learn, one might ask why this lesson would be of particular significance with regard to the sin of lashon hara, which, as we said earlier, is the most common reason why a person was afflicted with tzaraas. Perhaps the answer is that, like many sins between man and his fellow, the sin of lashon hara is actually rooted in a dysfunctional relationship with God. As the Chofetz Chaim writes ('ספר שמירת הלשון, שער התבונה, פרק ט), one of the main reasons we are tempted to speak lashon hara is because we feel that someone has harmed us, and we are tempted to strike back at him through lashon hara. However, the Chofetz Chaim continues, when we have proper bitachon (trust in God) we recognize that no other person can truly harm us. (This is also the explanation provided by the Sefer HaChinuch for the prohibition against revenge (Mitzva 241).)

In addition, it is common for baalei lashon hara (those who regularly engage in speaking lashon hara) to imagine that they are actually serving an important social function, for, by publicizing the misdeeds of others, they believe they are actually helping the community and fighting evil and injustice. In fact, within limitations, this argument is correct! The laws of lashon hara do provide for a number of exceptions when there is a beneficial purpose in conveying the information. However, while such exceptions certainly exist (and they should certainly be utilized when appropriate), they do not provide a blanket heter (dispensation) to publicize every misdeed, and certainly not every accusation or rumor of a misdeed, just so that people should be aware of the "issue" or "problem". The Chofetz Chaim (םפר חפץ חיים, הל' לשון הרע, י:יד) very emphatically stresses that it is all too easy to fall into the sin of lashon hara if one relies on these exceptions without careful attention to all the rules that apply. (This topic is briefly summarized here.)

It is certainly possible that diligent attention to the laws of lashon hara may occasionally result in someone "getting away" with doing bad things, and even harming others. The same could be said of many legal principles, such as evidentiary requirements, or concepts such as the obligation to judge others favorably. Every ethical or legal system has to find a balance between respecting the rights and dignity of those who are accused of misdeeds, and the rights and dignity of possible victims or of the community as a whole. The Torah provides us with such a balance, given to us by God, and we are obligated to respect those boundaries even when we imagine that it would be better, in a given case, to go beyond them.

It is here that bitachon plays a role. If we believe that, ultimately, God runs the world, then we recognize that, in the final analysis, it is God who punishes the wicked, and protects the innocent. While we certainly have an obligation to do whatever we can to fight against evil and injustice, our ability to do so is restricted by the ethical principles taught in the Torah. To go beyond those ethical principles is a basic violation of the principle of bitachon.

Thus, we can see how the lesson of bitachon - trust in God - which is rooted in our recognition that God runs the world and is aware of everything that takes place in the world - is particularly important for one who speaks lashon hara. Indeed, this brings us back to our earlier point, that the sin of lashon hara causes a separation between the sinner and God. As we have discussed previously, an important concept in Jewish  thought is that our thoughts create our spiritual reality. Thus, the sinner's failure to recognize God's presence in this world and His involvement in our lives, which lead him to the sin of lashon hara, is itself the root cause of his separation from God.

---

Lashon Hara – The Prohibitions of Harmful Speech

The Torah instructs us, “Do not go around as a gossiper among your people…” (Leviticus 19:6). This is the prohibition against rechilus—gossiping, which is the most basic prohibition against harmful speech. This prohibition applies to any statement made about a fellow Jew that could bring him harm, whether the harm is social, emotional, financial, or physical. This is true even if the statement is completely true and, in fact, not even disparaging of the person.

An Example of Rechilus Let’s say you know three people, Reuvain, Shimon, and Levi. Unfortunately, Reuvain and Shimon don’t get along with each other. Recently, Shimon had some financial difficulties and Levi, who is friendly with both sides, helped Shimon out of his difficulty. Now, in truth, Levi’s deed is praiseworthy but you know that, due to his dispute with Shimon, Reuvain will bear a grudge against Levi for helping his enemy. In such a case it would be forbidden to tell Reuvain that Levi helped Shimon even though the statement would be completely true and does not denigrate Levi.

The primary application of the prohibition against rechilus is involved in telling one person something that generate ill will towards another person, however, the principle of rechilus also discourages ordinary “gossip” in which we speak about the affairs of others for no beneficial purpose. Such speech, while possibly not intended to be harmful, will inevitably result in violation of the prohibitions of harmful speech.

As stated, the prohibition against rechilus applies even when the statement does not disparage the other person. If one makes statements which disparage another person then the violation is more severe. Such speech is called lashon hara—evil speech. If the statement is false then the sin is even more severe. False statements about another Jew are called motzi shem ra—sending out a bad name—and are the worst form of harmful speech.

In addition to the prohibition against speaking rechilus and lashon hara, there is also a prohibition against listening to and believing such forms of forbidden speech. The Torah teaches us, “Do not accept a purposeless report…”^[1] (Exodus 23:1). The main point of this commandment is that a judge may not accept testimony from a witness outside of the proper procedures of the court. For example, he may not listen to one side of the story unless the other side is present, he may not listen to witnesses who are not qualified to testify, and he may not accept the testimony of a single witness when two witnesses are required. Our Sages teach us that this prohibition also applies to ordinary people in their daily life. We are not permitted to listen to, and certainly not to believe, negative reports about our fellow Jews for no productive purpose.

These are the basic mitzvos that prohibit saying, listening to, or believing harmful statements about our fellow Jews. There are actually a number of additional commandments that deal with these specific prohibitions. In addition, many other mitzvos can play a role in these prohibitions, such as the laws against taking revenge and bearing a grudge, hating your fellow Jew, hurting the feelings of another Jew, causing others to sin, and the commandments to love our fellow Jews and judging them favorably.

Exceptions

Despite the severity of the prohibition against harmful speech, there are situations in which one is supposed to make such statements in order to prevent harm to others. For example, if you are aware that someone is planning to hire a person whom you know to be dishonest, or that a someone is considering marrying a person whom you know to be dangerous, then you have a responsibility to warn the innocent party. There are, however, a number of important conditions to be met before you may do this:

1. You must be absolutely certain that your statement is completely true.
2. Sometimes, what at first glance might appear to be an unethical and illegal act may actually be justifiable if one knows the full situation. Before you tell others that someone has engaged in illegal or unethical activity, you must be certain that your assessment is correct.
3. You must confront the person who committed the misdeed and gently admonish him. This gives the person the opportunity to either explain his act, and, if he was in fact guilty of a misdeed, he has the opportunity to repent his deed and undo it (if possible). Only after you done this and the person has not accepted the admonishment may you then inform others. If for some reason it is impossible for you to confront the person, or if you know that he will not accept admonishment, then this step may be skipped.
4. You must have positive intent. You are not permitted to make these statements due to your dislike for the other person, even when that dislike is justified.
5. There must be no other way to solve the problem. Making a harmful statement about another person must only be done as a last resort.
6. That no harm will come to the person you are speaking about beyond what is justifiable. Even if the person was guilty of a crime, he may not deserve the repercussions that might result from your statement. If, for example, the person was guilty of theft, but the people he harmed may retaliate with violence instead of using legal methods, then you may not tell them.
7. You must not exaggerate the information.

As you can see, the conditions under which a harmful statement may be made are quite limited. For this reason it is generally advisable to consult with a knowledgeable rabbi before making such a statement.

As we mentioned earlier, in addition to the prohibition against saying lashon hara, we are also prohibited from listening to or believing it. However, in a case where someone warns you of a potential risk to you from another person, you are permitted to take reasonable precautions to protect yourself. However, you are still not permitted to accept the statement as being true.

The Severity of Lashon Hara

Our Sages teach us that the sin of lashon hara is very great. The Talmud states, “Lashon hara is equal to the sins of idolatry, sexual immorality, and murder” (Arachin 15b). This is obviously a very strong statement, especially considering a Jew is required to give up his life rather than commit one of these sins.

The Sages also teach us that one who speaks lashon hara is considered as if he denied the basic principles of Judaism (Arachin 15b). At first glance this would appear surprising, why should this particular sin be considered so important? There are a number of explanations for this statement. The basic idea is that people who speak lashon hara will frequently act as if they don’t realize that they are speaking maliciously, and they will try to avoid speaking in the presence of the person that are disparaging. This behavior demonstrates that they are afraid of the opinion of other human beings and of the anger of their victim, but that they do not fear the judgment of God.

Our Sages teach us “Four groups do not merit to see the face of the Divine Presence: the group of liars, the group of flatterers, the group of mockers, and the group of those who speak lashon hara” (Sotah 42a). This statement shows us the importance of being careful of our speech, not only regarding lashon hara, but of all forms of improper speech.

As severe as the sin of lashon hara is, the reward for avoiding lashon hara is even greater. The Vilna Gaon, Rabbi Eliyahu of Vilna, writes in the name of a midrash:

Every single moment that a person seals his mouth [from improper speech] he merits to a stored “light” beyond the comprehension of any angel or creature.

Who is the man who desires life, and loves many days, that he may see good? Keep your tongue from evil, and your lips from speaking guile. Psalms 34:13-14

---

[1] Can also be translated as “Do not accept a false report” or “Do not accept a destructive report”. All point to the same basic idea, we may not accept purposeless negative reports about our fellow Jews as these are inherently destructive and must be assumed false. (See HaKesav VeHaKabala and HaEmek Davar.)

---