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Responsa of HaRav Yitzchak Berkovits, shlit”a, Regarding Pertinent Shmiras Haloshon Questions

By BJLife/Rabbi Dovid Jaffee

Posted on 01/21/20

Parshas HaShavua Divrei Torah sponsored by
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This article is adapted from my newly-released sefer, “What Can I Say... Today?” (It is presently available online at Feldheim.com and is coming to bookstores soon!) 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.


Over the course of writing the sefer, I had the privilege of submitting questions to Rav Yitzchak Berkovits shlit”a, one of the leading poskim in the halachos of Shmiras Halashon, and receiving responses. I was also given access to other responsa of Rav Berkovits regarding these halachos. The following are questions and answers that were reviewed by Rav Berkovits personally.


1. Question: One day, a fellow tells me a story about someone who did something bad (to him or to someone else). I do not know who that person is, nor will I ever find out. Is it loshon hora, and possibly rechilus, for me to explain a negative aspect of the story that he had not understood yet? He will now think more negatively of this unknown individual.


Answer: If you were aware of who the subject is, your listening would constitute rechilus for the speaker. It only does not constitute rechilus in this case because you do not know who it is. However, the other person does know who the subject is. If you affirm the speaker’s statements in any way, you are causing the speaker to think worse of the subject than he did before, and that constitutes loshon hora.


2. Question: Is it permitted to praise the guest of honor at an event? I know that there are some people in the audience who do not like him, and my praise may cause them to speak negatively — they will want to twist the story to show how the guest of honor really acted selfishly. Does this praise constitute avak loshon hora, or is it not my problem because most of the audience will take the praise at face value?


Answer: We assume that the guest of honor gives his consent to be praised in public. If he accepted the role upon himself, he understands that part of the job is being praised publicly, and he acknowledges that some will snicker. However, it is true that if one did not choose to be praised, one must speak cautiously if there are people in the audience who may use praise as a springboard for loshon hora.


3. Question: Rav Berkovits has been matir (permit) avak loshon hora if the person is mochel (forgives). However, the Chofetz Chaim says that loshon hora remains assur (prohibited) even if the person is mochel. Why would avak loshon hora be different?


Answer: Mechilah (forgiveness) does not help by loshon hora because Rabbeinu Yonah holds that the issur (prohibition) of loshon hora is bein adam l’atzmo (between man and himself). (By the way, the Chofetz Chaim does not explicitly asser [prohibit] loshon hora when a person is mochel. I heard from Rav Hillel Zaks that his grandfather, the Chofetz Chaim, had a safek [doubt] regarding this din [law]. I do believe that it is prohibited l’maaseh [in practice], unless the loshon hora is merely damaging, but not derogatory.) Regarding avak loshon hora, the issue applies more to bein adam l’chavero (between man and his fellow) — an issur d’Rabbanan (Rabbinical prohibition) of setting someone up to be talked about derogatorily. Therefore, we are noheg (accustomed) that mechilah (forgiveness) would help. He does not have to be mochel explicitly, as there is an umdina (assessment) that he would rather be honored than worry about what people are going to be saying about him afterward. The honorees are not fools; they know the odds and accept the consequences so long as they get the honor. (There are some honorees that are tzaddikim and are sovel [accept] and mochel for the good — but no one talks behind their backs anyway.) The speaker must still be very careful.


Note that, as with all cases of avak loshon hora, there is a level where it would reach lifnei iver d’Oraisa (the Biblical prohibition of causing another person to sin), and mechilah will not help in such an instance. It would depend on the level — in other words, on the probability of causing degrading comments. If any line in the speech begs for comments, that would constitute lifnei iver.


4. Question: If the speaker has a minor degree of personal gain somewhere in his consciousness, is it still permissible to relay the information provided that his main intention is l’to’eles?


Answer: If the to’eles is real — to save someone from harm or the like — one may. However, to denigrate the deeds of the wicked, one must have daas (intention) that is entirely l’shem Shamayim (for the sake of Heaven).