Login  

Register  

Loshon Hora: Researching a Business Partner

By BJLife/Rabbi Dovid Jaffee

Posted on 01/06/20

Parshas HaShavua Divrei Torah sponsored by
Dr. Shapsy Tajerstein, DPM - Podiatry Care.
(410) 788-6633

This article is adapted from my upcoming sefer, “What Can I Say... Today?” All halachos mentioned herein are complex and part of a larger framework. The purpose of the article is to raise awareness of these essential halachos. Hence, one should not draw any practical conclusions without first consulting a Rav.


Research


A common situation of to’eles is when one needs to find out information about someone to determine whether he should hire him for a job or enter into a partnership with him (whether in business or shidduchim). In this situation one may research the potential laborer or partner by making inquiries about him. We will now discuss the applications as they pertain to a partnership. In a separate article we discuss the applications that specifically pertain to shidduchim, which are dealt with more extensively in halachic literature. Note that many of the details discussed in regard to researching a shidduch also apply to looking into a potential partner. Therefore, it is prudent for one who is asking or answering questions about a potential business partner to read our article about shidduchim, as well. He should also seek the guidance of a Rav for making the proper applications.


Guidelines for the Questioner


The Chofetz Chaim writes that in such a situation, one is required to inform the one whom he is asking why he is seeking the information. If he would not, he would transgress the prohibition of lifnei iver, as he may cause the other party to relate loshon hora without the realization and intention that it is for a to’eles.


The Chofetz Chaim also warns that one should not request information from a competitor of the person under discussion. The competitor, or anyone else who probably harbors negative feelings toward this individual, will likely relate false or exaggerated information. Additionally, there is a serious concern that he will not intend that his words will be for a to’eles.


There is also a halachah pertaining to listening to the response to the questions. The Chofetz Chaim warns that the listener may not believe the information. Rather, he may only be choshesh for it.


Guidelines for the Respondent


The one answering the question(s) may only respond following the conditions for to’eles. The Chofetz Chaim enumerates five conditions. (These have been discussed in an earlier article. We will present them here as they apply to the present scenario.)



  1. No misinterpretation: He contemplates to ascertain that his assessment of the deficiency in the other party is accurate.

  2. No exaggeration: He says the facts as they are, without additions or embellishments.

  3. Intention for to’eles: His intention is to help the questioner. He does not speak out of hatred toward the other party. Furthermore, he assesses that the questioner will take his words seriously — i.e., he will consider refraining from entering the partnership based on the information. (However, if the questioner will enter the partnership regardless, and no positive benefit will come from transmitting the information, there is no to’eles in his words.)

  4. No alternative: He may only relate the negative information if there is no other way of accomplishing the to’eles.

  5. 5.      Limited repercussions: He may only relate the information if the result of saying it will not be more harmful to the other party than what would have occurred had he been testified against in beis din.


Two Conditions May Be Omitted


In an earlier article, we mentioned seven conditions that are usually required. Here, it is possible that two of the usual guidelines can be omitted:



  1. Firsthand knowledge: Even if one does not know the information firsthand, there may be a dispensation to relate such information. A Rav must be consulted. If one does receive a dispensation to relate information that he does not know personally, he must make it clear to the listener that he has no firsthand knowledge of the matter.

  2. Rebuke: One need not rebuke the subject of the loshon hora before conveying the information about him. This is because doing so will not remove the necessity of relating the information. Indeed, even if a potential partner says that he will change his ways, it is possible that he will not keep his word. Thus, it would still be considered a to’eles to inform the inquiring party.