Case 1 - The year is 2015 in Manhattan,
NY. Moshe is employed by Finkelstein, a decent Jewish boss. But Moshe isn’t the
best of workers. He slacks off a lot and abuses his computer privileges and his
productivity is nothing to be admired. Yankel, who works long and hard, gets a
bit irritated with Moshe and feels that Mr. Finkelstein should be aware of Moshe’s
antics. So he informs Mr. Finkelstein about Moshe and Moshe gets fired or
passed up for a raise.
How would we view
the actions of Yankel?
I think most of us
would agree that this is a classic case of Lashon Hara.
Case 2 - The year is 1941 in Mauthausen
Concentration Camp. Moshe is assigned to quarry work under SS Guard Obersturmführer
Frankenstein, a diabolical Nazi monster. But Moshe isn’t the best of slave
workers. He slacks off a lot and hides whenever he can and his productivity is
nothing to be admired. Yankel, who works long and hard, gets a bit jealous of
Moshe and feels that Obersturmführer Frankenstein should be aware of Moshe’s
antics. So he informs Obersturmführer Frankenstein about Moshe and Moshe is never
seen again.
How would we view
the actions of Yankel?
I think most of us
would agree that this is a classic case of Mesira.
Wow, what a
difference 74 years can make!
But, really, what is
the difference? Why would we call the first case simple Lashon Hara but the
second case we call Mesira? In both cases, Yankel did exactly the same thing! So
what is the difference?
Well, there are some
obvious differences. In the 2015 case the informee was a nice Jewish fellow. In
the 1941 case the informee was a murderous gentile. Also, in the 2015 case,
Moshe was being paid fair money to do the job he wasn’t doing. In the 1941
case, he was forced into unpaid slave labor.
But still, Yankel
did the exact same thing in both scenarios. In both scenarios he was still
Halachically improper, even in 2015. Yet we give these two scenarios different
labels: One we call Lashon Hara and one we call Mesira. So what is really the
difference?
The answer is: There really is no difference - except for the
stakes.
What happened to the
Moshe of 2015 was a slap in the wrist compared to what became of the Moshe of
1941. When the repercussions are exceedingly severe and disastrous, so is the
infraction of the informer. And so, in a case where the stakes are high and are
subjected to the graces of people who have no yiras shamayim, the Lashon Hara
becomes Mesira.
Now, what happens in
a middle-of-the-road case? The stakes are severe but not that high and are
subjected to the graces of people who may have some yiras shamayim and are not
monstrously harsh. Is this also Mesira?
Depends who you ask.
According to the
Aruch Hashulchan, it may not be.
My distinguished friend,
Reb K. showed me the Aruch HaShulchan in Choshen Mishpat 388:7. The Aruch
HaShulchan says that “All who know history are aware that in previous times in
distant lands a man had no security …from bandits and land grabbers and even
today in the African countries this piracy is rampant…so it is with appreciation that
we mention the European Kings and especially the Czarist regimes and the
British kings that have spread their sovereign wings upon the distant lands (i.e.,
colonized) so that every man can be secure from such banditry …and on this revolves
all of the laws of Moser and malshin in Shas and poskim …for one who is moser
or malshin a person to one of these types of bandits is certainly considered a
rodef and it is permissible to save the victim with the life of the moser.”
This passage is very
hard to comprehend on numerous points.
Firstly, after
investing a lot of ink to make a distinction between the bad old days and his
times, he concludes by telling us when a moser is a rodef but does not
really elaborate on when one is not. He praises contemporary Europe but falls
short of exonerating them explicitly.
He goes so far as to
name two of the praiseworthy regimes – Russia and Britiain, and I am scratching
my head. The Aruch HaShulchan (Harav Hagaon Yechiel Michel Epstein, ZT”L) lived
from 1829-1908. I must say that although he was a gaon in Halacha, I think for
his history lessons he had a very short memory.
He praises Britain. Britain?
Isn’t this the country that was known for over 200 capital offenses through the
18th century? They were hanging pickpockets and shoplifters until
1832 – three years after he was born. It took until 1868 before they abolished
hanging for all petty crimes and just left murder and treason. This means that
at least for some of his lifetime one could snitch on a pickpocket and he would
swing.
And Russia? They had the Cantonist army laws until 1857 – 28 years after
his birth. Just wiggle your finger at an 8 year old Jewish kid and the kid gets
25 to 30 years in Gehinnom. The Gedolei Torah of Russia dealt with no other
subject than mesira. Mesira to who? To those thoughtful Russians!
So perhaps, because he
first wrote Aruch HaShulchan in the 1880s and these wonderful countries had done
teshuva for a whopping 25 years, they are now the champions of Human rights. But
he wasn’t a prophet. We must note that the Aruch HaShulchan literally lived (in
Lithuania) during the golden age of Western Europe and the “renaissance” of
Czarist Russia. He passed away in 1908, 6 years before the ravages of WWI and 9 years before
the Bolshevik revolution that brought about Lenin and Stalin and the purges and
the gulags and Siberia and the KGB (and NKVD). This was also 9 years before the British Mandatory government
where, despite all their previous teshuva, they went hanging any Jew who held a
gun. Just tell the Brits that Dov over there is packing heat and Dov goes
swinging (he actually did but I don't think it's because anybody snitched on him). Twelve others went swinging, too. And then came the good ol' Gestapo.
The Aruch HaShulchan
missed all of the fun!
And throughout all of this, he does not even consider his brethren in Eretz HaKodesh who, for his entire lifetime, lived under the domination of the ultra-corrupt Turks.
So I am not sure if
Harav Epstein, ZT”L was here today and had a broader view of world history, that, in hindsight, he would write the same
thing. In fact, I have a very strong feeling that even when he wrote it, he was playing for the audience.
But, what’s most
important, when he suggests a distinction that the laws of moser and malshin revolve
around this, what laws does he mean? What are the laws of mesira? Does he mean that it’s not mesira and it’s
muttar l’chatchila? Is he saying that if Yankel snitches to the nice Humanistic
Russians or Brits, that this is more lenient than him snitching to Mr. Finkelstein?
All right, we know the Aruch HaShulchan did not always agree with the Chofetz Chaim on every psak
in Orach Chaim but did he differ with him about anything in Shmiras Halashon?
Has anybody differed with the Chofetz Chaim on Shmiras Halashon?
So we need to
understand what mesira is. Mesira is an enhanced version of Lashon Hara. It is
Lashon Hara with higher stakes.
Because of the
higher stakes, there are more severe repercussions to mesira. The Shulchan
Aruch mentions three:
- The moser has no portion in the World to Come. Truthfully, there is no Hilchos Lashon Hara in Shulchan Aruch, only in Rambam Hilchos Deos (Chapter 7.) The Rambam writes there that one who speaks Lashon Hara likewise has no portion in Olam Haba. Nevertheless, the Rambam implies that this only applies to a “baal Lashon Hara” a repeat offender. The implication of the Shu”A (and Rambam) by a moser, is that one good mesira is all it takes.
- The moser is considered a rodef and may be preemptively killed. We have no Halacha allowing us to kill a baal Lashon Hara.
- The moser must, by force of Beis Din, reimburse the victim for whatever financial losses he incurred due to the mesira. This, by the way, is the intent of writing these Halachos in Choshen Mishpat. In any case, we have no such Halacha by Lashon Hara. In our 2015 scenario, there is no clear Halacha that Yankel will need to reimburse Moshe for his financial losses (though it would probably be a good idea for him to do so.)
So, basically, if
Lashon Hara is a bowl of forbidden vanilla ice cream, Mesira is the chocolate
syrup, whipped cream and cherry. It is plain vanilla Lashon Hara plus.
Which means that even
when a case of being Malshin (an umbrella term which more or less encompasses
all levels of informing on somebody) doesn’t make the ugly grade of mesira, it
is still never less than plain vanilla Lashon Hara. For, why should it be anything less?
And so, if it is not
classified as mesira it may not be subject to the scary repercussions of losing
Olam Haba, forfeiting one’s right to live, or having to reimburse the victim;
but in what way does it become muttar? It's not less than Lashon Hara and is Lashon Hara ever muttar?
Well, the answer is:
Yes, sometimes it is. We know that there are times when it is permitted to
speak Lashon Hara and the prevailing condition is that it is a “toelles”
meaning for the greater good.
But this is not the
only condition. This is one of seven conditions. And the Chofetz Chaim tells us
that all seven conditions must be met in order to permit Lashon Hara.
And so, informing on
somebody can run a spectrum. At the worst extreme it is mesira. At the meekest
extreme it is “merely” Lashon Hara. But it is never less.
And so the seven
conditions always apply. Always.
Something to think
about over Rosh HaShannah. After Rosh HaShannah we can finally
examine the Heter Meah Rabbanim – the Kol Koreh of sweettorah.
May we all be
inscribed in the book of life.
לשנה טובה
תכתבו ותחתמו לאלתר לחיים טובים ולשלום.
תהא שנת
עושר ואושר
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