Let Them Talk: The Mitzvah to Speak Lashon
Hara
By Rabbi Mark Dratch
Is it permissible for victims of a perpetrator who has since died to speak lashon hara about him/her?
Rabbi Mark Dratch |
And know also that even to disparage and curse the
dead is also forbidden. The decisors of Jewish law have written that there
is an ancient enactment and herem (ban) against speaking ill of and defaming
the dead. This applies even if the subject is an am ha-aretz (boor), and
even more so if he is a Torah scholar. Certainly, one who disparages [a scholar]
commits a criminal act and should be excommunicated for this, as is ruled
in Yoreh De'ah 243:7. The prohibition of disparaging a Torah scholar applies
even if he is disparaging him personally, and certainly if he is disparaging
his teachings.
However, despite this enactment, there are times when
one is permitted to speak ill of the dead. It is important to note that this
prohibition is not derived from the Torah verse banning lashon hara; it stems
from a rabbinic decree and is, thus, no more stringent than the laws of lashon
hara themselves. Since lashon hara which is otherwise biblically prohibited
is allowed if there is a to'elet, so too lashon hara about the deceased is
permitted if there is a to'elet. While the nature of the to'elet may
change—after all, the deceased is no longer a threat to anyone else's
safety—there may be any number of beneficial purposes in sharing this
information including: preventing others from learning inappropriate behavior,
condemning such behavior, clearing one's own reputation, seeking advice,
support, and help, one's own psychological benefit, and validating the abusive
experience of others who may have felt that they, and no one else, was this
man's victim.
Furthermore, the restriction on speaking ill of the
dead may be based on the assumption that death was a kapparah, i.e., it was
an atonement for sins. This atonement, however, is predicated on his having
repented before his death,<93> and that repentance requires both
restitution for the harm caused and reconciliation with the
victim.<94> If the perpetrator had not reconciled with his victim,
no atonement was achieved. And of such an unrepentant sinner the verse teaches,
"The memory of the just is blessed; but the name of the wicked shall rot"
(Proverbs 10:7).<95>
In addition, Jewish law does not recognize the concept
of statute of limitations in these matters.<96>
<91> Berakhot 19a :
Rabbi Shlomo Carlebach |
<92> See Mordekhai to Bava Kama, nos. 82 and 106.<93> Yoma 85b; See Sha'arei Teshuvah 4:20.<94> See Bava Mezi'a 62b.<95> See Yoma 38b.
<96> See Sanhedrin 31a and Hoshen Mishpat 98:1.
No comments:
Post a Comment