- Interpersonal behavior (Bein adam l'chaveiro), which this section presents, and
- Behavior between people and God, which most of the rest of this website deals with (but interpersonal behavior is also a commandment between people and God).
- Business owner is Jewish, and
- Error is more than 1/6th of the item's value.
Note In some situations, you must correct the error to a Jewish owner even if the error is less than 1/6th of the item's value—consult a rabbi.
Note If the owner (Jewish or non-Jewish) forgot to charge you at all, you must return the item or pay for it.
Generally, you may not go into a business if an existing business owner will go out of business or cannot survive on what income he/she will have remaining.
Exception If a better Torah teacher is available than the current one, the better one may be hired.
- Actually stealing property, or
- Stealing business from someone else.
Note A mother can leave whatever she wants to her children without being required to give twice as much to a son who is the first-born of his father.
Rabbinic guidance is recommended.
1. Loan/Halva'a
You do not get back the exact item you loaned but, rather, some equivalent of the original, such as money. The borrower may not give back more than he/she borrowed and the recipient may not accept more. Even saying “thanks” is considered to be a form of interest.
2. Borrowed Items/She'eila
The original item is returned to the loaner (for example, borrowing a car), and there is no prohibition of paying more than what was originally received.
Note You should tell a person if his or her cigarettes fall out of a pocket, even though the cigarettes are dangerous to the smoker's health.
You may not make the person feel bad about what he or she did previously, even if you do grant the favor.
Note This applies to monetary issues and the custom is to apply it to non-monetary issues.
Jews should not be counted by number individually, but they may be counted as groups. The prohibition is only verbally, out loud.
EXAMPLE
You should not say “There are 53 people here.” You may say, “There are more than 50 people.”
NOTEYou may use a sentence, such as Hoshiya et amecha (counting each person as a word in the 10-word phrase).
Lashon ha'ra in which you attribute the negative statement about the person to whom you are speaking to someone else is called rechilut (gossip).
Lashon ha'ra that is false is called motzi shem ra. Saying something that is true is not lashon ha'ra if it is being said for a positive purpose (even though the same words would be lashon ha'ra if they were only intended to hurt another person and had no positive purpose).
Lashon ha'ra, including rechilut, is forbidden to be said about shomer Shabbat Jews except for a positive purpose; motzi shem ra is forbidden to say about anyone--Jewish or not, shomer Shabbat or not, whether for a positive purpose or not.
Speaking Lashon HaRa
When You May Say Lashon HaRa
Lashon ha'ra, including rechilut, even if truthful, is not permitted except for a constructive or positive purpose. (Motzi shem ra is never permitted.) Its purpose cannot be to hurt a person. It is permitted and recommended to tell the facts about someone:
- To protect others from being hurt (being cheated, molested, etc.), or
- For a positive purpose that cannot be achieved through any other means.
Lashon HaRa To Protect Others from Being Hurt
You may say truthful lashon ha'ra (including rechilut, if it is necessary to divulge the name of the person who told you):
- To prevent a bad person from telling children bad things or to keep children from learning bad behavior from the bad person;
- To avoid being implicated in what the bad person is doing;
- To prevent other Jews' suffering a loss by using a worker who did bad work for you.
- If a businessman cheats you or lies to you, you should warn other Jews about him (but only if you suspect they want to do business with him).
- If you know something bad about someone who a third person wants to date or marry, in many cases you are required to tell what you know (but this can be very complicated and dangerous and a rabbi should be consulted about what to do in many cases)!
When You May Add Facts to Correct Possible Lashon HaRa
If the reasons behind an action are not clear and someone may get the wrong/negative impression of someone in question, then you should tell the facts and tell the entire story.
Example
Someone (A) insults another person (B) in public. Entire story is that B beat up A previously. Knowing the full story changes how people might view A.
Note If it is only your opinion, state that instead of declaring it as fact.
Lashon HaRa To Allow Gain
Saying lashon ha'ra for a positive purpose includes gain for yourself or for someone else; you may talk about others in cases such as these:
- Psychotherapy You may say truthful lashon ha'ra or rechilut to a psychotherapist since you don't know what is important. Outside of therapy and with non-therapists, you may say anything that will bring about a positive result (and only if there is no other way to achieve that result).
- Upset If you are upset by what a person did to you and it will help you to calm down by telling what was done to you (that is, you will gain by feeling better).
Note If you want to ask someone for information that could be lashon ha'ra, you should say why you are asking so the other person will understand that it is for a positive purpose and is therefore not lashon ha'ra.
Lashon HaRa and Specific Cases
Children, Shomer Shabbat Person, Groups
Even truthful lashon ha'ra, including rechilut, may not be said about a Jewish child or a shomer Shabbat person or group of people unless for a positive purpose that cannot be achieved any other way.
- A parent should not rebuke or criticize a child if it will embarrass the child in front of others.
- A child (whether young or adult) may not correct a parent who is saying lashon ha'ra, unless the parent would want to be reminded that the parent is saying lashon ha'ra. Even then, it must be done respectfully.
- You may make statements about groups of people in general, even if negative, as long as the purpose is to protect other people from them. But what you say must be true.
Lashon HaRa: Public Knowledge
You may mention information that is public knowledge. But your intent should not be to spread the word, but rather just to pass along interesting information.
Example
Saying, “Did you hear that the president of the synagogue just got convicted of...”
Lashon HaRa: Mass Media
You may read in the paper, see on TV, or hear on the radio an account of someone's bad behavior (since you cannot know whether it will affect you or be important for you to know until you read or hear the information, it may be OK; ask a rabbi). You may not accept it as being the complete truth, but you should be wary.
Lashon HaRa: Shomer Shabbat Public Figure
You may not tell or listen to lashon ha'ra about a public figure who is a shomer Shabbat Jew unless there is a purpose.
You may give your opinion about a shomer Shabbat politician as long as you state it as your opinion and as long as giving your opinion may help other people.
Lashon HaRa: Shomer Shabbat Organization
You may not say any of the three types of speaking ill about an organization, school, synagogue, etc., whose members or employees are shomer Shabbat--except for a positive purpose.
Examples
You may not say any of the three types of lashon ha'ra about a Jewish school's cost, bad teachers, etc., unless it may be relevant to future students (and even if it is relevant, you may still not say motzi shem ra).
You may not say, “I don't like that shul because there is lots of talking,” unless you think the person will appreciate knowing since he or she will not want to go to a shul with lots of talking.
Lashon HaRa: Asked for Opinion
If you are asked for your opinion, you may give it if it is relevant (has a useful purpose) to the person asking. Otherwise, no comment.
If you are asked your opinion about a Torah lecture or lecturer, you may give your opinion only AS your opinion, not as criticism.
Lashon HaRa: Told in Confidence
If you have been told something in confidence, even if you think it is best for the person who told you if you pass it along, you may still not re-tell anyone else. You may say, “I cannot speak about that” if you are asked. Consult a rabbi.
Lashon HaRa: Getting Back at Someone
If someone hurts you, you may get back at the person at the time of the action against you. But afterward, it would be revenge and is forbidden.
Example
Someone tells you, “You are good for nothing.” You may say, “You are worse than I am,” if it makes you feel better.
Lashon HaRa: Bet Din Summons
If someone with whom you have a problem refuses a hazmana (summons) from a bet din, you may publicize a letter from the bet din saying the person refused the hazmana so that the recipient might agree to go to the bet din due to public embarrassment.
Lashon HaRa: Bet Din for Abuse
All matters between Jews should, ideally, initially go to bet din but only if the bet din is capable of resolving the problem. In cases of suspected child or spousal (or other) abuse, you may report it to the police if there is no bet din that is capable of dealing with the problem immediately: You are not required to wait while a bet din gets around to your case. The key is to expedite the case.
Note Some cities have special batei din for such matters.
Note Beware of governmental agencies that may take away children from their homes, even without evidence.
Listening to and Believing Lashon HaRa
Listening to and believing any category of lashon ha'ra is also forbidden. If you do hear something bad about someone else, do not believe that it is definitely true--but you may believe that it might be true. When you hear lashon ha'ra:
- You can try to change the subject, since pointing out that lashon ha'ra is being said may not stop it from being said.
- If you see a shomer Shabbat Jew doing something that seems to be forbidden, you should judge him/her favorably and assume that there is a good interpretation to what is being done.
Situation
You see someone who is not shomer mitzvot get in a car on Shabbat.
What To Do
Make the logical assumption that he/she is going to drive (and not for a halachically permissible purpose).
Situation
You see a shomer Shabbat person get in a car on Shabbat.
What To Do
Assume there is a good, halachic reason for it. However, you may not ignore reality or make implausible or unlikely excuses for bad behavior.
This mitzva especially refers to giving your parents food and drink as well as helping them get dressed, get covered, and go out and in. But it also includes:
- Not sitting in your father's chair.
- Not calling your parents by their first names.
- Not disagreeing with, not correcting, or not contradicting your parents if doing so will upset them.
- Agreeing with them by taking sides in an argument (doing so is considered disrespectful since they do not need your agreement).
- Not waking them up when they are sleeping--unless they would want you to do so.
-
When praying for your brother's recovery from illness (refu'a), say:
- Your brother's name,
- Ben imi (son of my mother) or ben imi morati (son of my mother, my teacher), and
- Your mother's name.
-
When praying for your sister's recovery from illness, say:
- Your sister's name,
- Bat imi (daughter of my mother) or bat imi morati (daughter of my mother, my teacher), and
- Your mother's name.
-
An aliya for your brother, say:
- Your brother's name,
- Ben avi (son of my father) or ben avi mori (son of my father, my teacher), and
- Your father's name.
Example
- Visiting sick people;
- Opening a window for a crippled or weak person;
- Giving charity;
- Teaching non-religious Jews about Judaism;
- Finding marriage partners for single people.
For Males--mother, grandmothers, daughters, granddaughters, and other descendants and antecedents.
For Females--father, grandfathers, sons, grandsons, and other descendants and antecedents.
Examples
- Doctor and patient.
- Massage therapist and patient.
- Lifeguard and swimmer.
-
A Jewish man may catch a Jewish girl or woman on the flying trapeze.
Reason This is not intimate contact.
Gneivat da'at may be through actions or speech and requires intent. It applies only when someone else will be affected.
- Is violating a Jewish law, or
- Has done a hurtful action.
For tzni'ut in attire, see ATTIRE.
- To see if they need anything, and
- To pray for their recovery.
- Roll a Torah scroll during the minyan in order to get to the correct place for reading (it should have been done previously) unless necessary;
- Roll up his tefilin after taking them off for musaf on Rosh Chodesh, before hallel on chol ha'moed of Sukkot, or after hallel on chol ha'moed Passover. (Instead, he should take them off and leave them on the bima until the prayer service is finished, or roll them up during Torah reading).
- Widow You may not antagonize a widow even if she is rich and even once she remarries.
-
Orphan An orphan only gets special treatment until he/she can fend for himself/herself.
Note An orphan is usually someone:
- Without parental support,
- Who cannot fend for himself either financially or otherwise, and
- Is usually under 18 years old.
- Parents and their spouses
- Children and their spouses
- Siblings and their spouses
- First cousins and their spouses.
- A woman has a lockable door that only she controls, which is locked (in this case, men are permitted elsewhere in the building).
- Direct descendants or ancestors are in a room together (in this case, all other men/women combinations are permitted--even if the other people are not related).
- Three (or more) women and one man (or more) are in a room, except when they will be sleeping. At those times, four (or more) women and one man (or more) are permitted in a room or enclosed area.
- Two (or more) men and one (or more) woman/women are in a room.
- Other people have keys to the room and may enter at any time.
- One (married) woman is with one or more men and the woman's husband is in the same area (RMH looks at the local business district as the “area,” so wherever businesses would be advertising or marketing would be a local area).
- For other cases, consult a rabbi.
Situation
You want to go to minyan but your wife is overwhelmed with trying to feed several children and she asks you to help.
What To Do
You must miss minyan and help her since your wife's needs take precedence over your wish to pray with a minyan.
Note With shalom bayit problems between spouses, a rabbi should be consulted for details.
Note Once someone is married, his or her in-laws are part of his or her family and are included in shalom bayit rules.
Ba'alei teshuva often have problems with issues of kashrut in their parents' homes. Pots, dishes, and utensils might not be kosher or toveled. Consult a rabbi. Questions of bishul akum (cooking that was done by a non-Jew) might apply to non-shomer Shabbat parents, but the custom is to be lenient.
If the parent's kitchen is known to be non-kosher, food must be prepared with care (see How To Use a Non-Kosher Kitchen). If the parents do not lie to their children, they may be trusted as to the source of food and its kosher status.
Since we may not eat from dishes or utensils that have not been toveled (immersed in a mikva), you may want to consider toveling your parents' dishes or utensils, or using disposable goods. In such cases, it is OK to use china that has not been toveled.