More Discussions for this daf
1. Reisha or Seifa 2. Chavrach d'Chavrach Is Lei 3. Tosfos DH Eleh me'Atah Macha'ah
4. Source of Halachos for Chezkas ha'Batim 5. Chazakah nowadays 6. Sedei Ilan
7. Shor ha'Mu'ad and Chazakah
DAF DISCUSSIONS - BAVA BASRA 28

1. Jeffrey Rubenstein asked:

Chavrach dChavrach Is Lei is used as the reason that the taaneh by sadeh, did not need the Bal's presence as you would need his presence by Shor, to complete the hekish of 3 yrs to 3 yrs by chazakah shor to chezkas sadeh.

Someone told me that there is talk about, how can this be? Isn't this lashon hara? Why would we rely on a kol going out that's from people talking that's not of any toeles to them? Have you heard of this kashya?

Thanks

Jeffrey Rubenstein, bk ny

2. The Kollel replies:

The Gemara says below (end of 39a) that anything which is said in front of three people is not considered Lashon ha'Ra. The Rashbam there DH d'Misamra explains that anything which is later going to become public knowledge is not considered Lashon ha'Ra.

However the Chafetz Chayim in the Laws of Lashon ha'Ra chapter 2 Be'er Mayim Chayim #2 cites Tosfos Erchin 15b DH Kol that this is referring specifically to something which could be interpreted in 2 ways. For instance if somebody asks where he can find a fire and is given the answer that "there is always a fire at such and such a house because they are always cooking meat and fish there", it depends on the way this is said as to whether it is Lashon ha'Ra or not. If it is said in an appreciative way, then it will be interpreted to mean that in such and such a house they practice wonderful hospitality and therefore are always preparing food for this Mitzvah, and it is not Lashon ha'Ra. However if it is said in a scornful way that in such a such a house they are gluttons and just like to be greedy all the time, then this is Lashon ha'Ra. If it is said in front of three people we assume that it was said in a complimentary way, because otherwise the person who said it would be afraid that it might reach the ears of the person who he is speaking against. Tosfos concludes that if something is certainly Lashon ha'Ra, then it is forbidden to say it even in front of the person one is speaking against.

KOL TUV,

Dovid Bloom