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Following the Velder affair: When is it permissible according to Halacha to speak slander? | Israel today

2022-01-03T13:12:35.227Z


Although the ban is considered one of the most severe, there are still cases in which a mitzvah is passed.


Networks are buzzing, TV studios are constantly discussing this, and the religious public who live by a set of binding values ​​is in a difficult, ethical and moral dilemma.

A person is charged without an official indictment, and before matters escalate using the legal and legal tools he prefers to end his life and evade the terror of the law which he claims has already been unjustly imposed, and in light of the harsh statements and hard evidence published by various means. Criminal investigation.

In this context, the term "defamation" is increasingly used on both sides of the barricade.

Some have argued that dealing with an issue with mentioning the suspect's name is a normative and religious deviation from defamation practices, while others have argued that the prohibition on defamation is limited and not at any cost.

The halakhic prohibition against speaking slander includes any bad speech about an individual or many that includes the publication of bad deeds, or things that can offend or offend.

Added to this is another ban on gossip which also applies to talking about others regardless of their nature (bad or good).

The source of the prohibition in the Book of Leviticus is in the verse, "You shall not gossip among your people," and in the book of Deuteronomy, "Cursed be he that smiteth his neighbor secretly."

On the last verse, the commentator Rashi explains that this is slander, since the beating in secret does not mean a situation in which they did not see the physical act of beating but an expression that those around did not understand that it was beating because there was no physical show of hands, but the soul received no small blow.

Dealing with the issue of the prohibition of defamation occupies a very important place in the culture of the Jewish people and its values, as an effective and moral tool for preserving the freedom of the individual.

As part of the means of assimilating this prohibition among Jewish society, sages used sharp and sharp descriptions and various images expressing the severity of the prohibition, such as comparing the prohibition to foreign work, incest and bloodshed, as an act that "increases iniquity to heaven," and even one source has An image of a lizard, a flatterer and a liar who does not deserve to be greeted by the Goddess and a son of death, and elsewhere it is even written that he should be thrown to dogs.

Rabbi Yisrael Meir Maradin (from the pre-Holocaust generation) honestly acquired his place as the assimilator of the prohibition in the modern era of defamation, when he wrote his book "Hefetz Chaim" as the basic book that centralizes all the laws of defamation.

But can not sometimes defamation endanger society as a whole, when injuries committed in the dark are not clarified and are not addressed as a result of the prohibition of defamation?

The answer to this is already implied in the Torah, when a betrothed girl is raped and shouts and "there is no savior for her," hence the Gemara learns that if there is a savior, he should save the girl;

This, even at the cost of the pursuer's life.

The Gemara learns this through the comparison to the murderer that appears in the verse: "For when a man rises up against another and has murdered a soul, yes this thing."

Sexual assault is described as actual murder, as the mind is hurt and shattered.

Haim Velder, Photo: Without credit

There are cases where the prohibition of defamation has been pushed aside in order to protect others.

One of the foundations of permitting slander is when it is beneficial, such as preventing mass or psychological harm, and as stated in the book of Fateh Teshuvah (19th century, Prussia) following the prohibition of slander: "The severe prohibition of defamation, but I want to say the opposite, and it is also very common.

Defamation is not intended to act as a protective wall in the form of crooks and offenders of any kind, but to strengthen mutual respect and privacy, but once it is violated - it is right and proper to say and voice it.

But the question is to whom.

Is a statement to law enforcement or community arbitrators sufficient, and after the statement has been made the victim will return to the dark along with the offender?

Or is it because it is already allowed to tell that the forum exposed to the event is not important and there is no quantity limit?

Public media publications of incidents that have taken place for many years below the surface are often of great importance, as it is possible to locate more casualties and thus establish evidence against the offender.

Publicity also makes it possible to warn others of the danger lurking for them (save the oppressed immediately from their oppression), but sometimes public advertising sees a punishment tool designed to humiliate the offender as an act of revenge for the acts attributed to him, and as long as his family. Shame and disgrace - so it will be better.

The boundary between saving the other and doing justice without trial - (which is often contrary to Israeli law and the laws of Hebrew law as stated in the Torah) is very thin.

In the Babylonian Talmud, the opinion of R. Yehuda is stated that "a slave is not a slave to his soul" - a person is not allowed to judge himself except before a competent court, since they are entrusted with the treatment in particular.

On the other hand, R. Nachman allows.

But to the extent that there is no one to deal with injustice, immediate actions can be taken to prevent loss, and in the words of the Gemara:

The humiliation of the suspect in the injury will probably not affect him at this time in the place where he is, but only on his family and the victims, who instead of receiving proper treatment for their plight are facing stormy waves of opinions and beliefs about the acts committed, and there is nothing to do Heal the fracture and great pain done in the murder of their souls.

There is public importance in condemning the deeds and perpetrators among us, thus saying "our hands have not shed this blood," especially in the specific case of the suspect whose books inspired entire generations, and accordingly his character was imitated and admired.

But at this time, having said that sharply, we must be asked the question - is every detail in the harsh charges relevant, including juicy and spicy details that infringe on the privacy of all the victims?

For if the answer is no, then in spite of the importance of rescuing the oppressed from their oppression, the prohibition of defamation remains.

The empathy, encouragement and reinforcement we send at this time to all the victims, both to those who experienced what they experienced after being murdered and to his family members who experience the difficult period in their lives without injustice in their palm.

Rabbi Shraga Natan Dahan is an officer in the Res.

He has a master's degree in management and technology and is certified as a rabbi and judge.

Serves as a consultant and lecturer in public, security, educational and scientific bodies on Halacha, technology, medicine, science and space.

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Source: israelhayom

All news articles on 2022-01-03

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