Section III: Relating to the Past

Yehudah ben Tabbai said, do not make yourself an advocate in court. When the litigants are standing before you [in court], they should appear in your eyes as if they were both guilty; and when they leave your presence, look upon them as if they were both innocent, as they have accepted the judgement.

Look upon them as if they were both guilty: so that your heart should not lean towards one of them, saying, “Such and such is a distinguished person and would not make a false claim.” Since if you say this, you will not be able to see them as guilty.

As they have accepted the judgment: Such that you should not suspect the obligated party by saying “This one is a thief.” Rather say, “maybe he was mistaken and did not intend to steal.” Alternatively: if one of them became obligated to make an oath [to testify in court] and subsequently made the oath, do not say, “he made a false oath.”

Rabbi Hanania ben Gamliel says: Throughout the day [in court], the verse refers to him as “guilty,” as it says: “if the guilty one is to be flogged.” But once he has been flogged, the verse refers to him as “your brother.”

Just as the laws of oppression apply to buying and selling, they also apply to oppressive language. One may not say, “How much is this object?” if he does not wish to buy it. If one had repented, another should not say to him, “Remember your earlier deeds.” If one descends from proselytes, another should not say to him, “Remember the deeds of your ancestors.” For it is said, “A stranger you shall not wrong or oppress.”

From where is it derived that if you have information to testify on behalf of someone, that you are not permitted to remain silent? The verse teaches: “Do not stand by the blood of your fellow.” From where is it derived that if you see someone drowning in the river or threatened by robbers or attacked by a wild animal, that one is obligated to rescue him? The verse teaches: “Do not stand by the blood of your fellow.”

(2) Who is a gossiper? One who makes claims, and goes from this person to that person, saying, so-and-so said this, and I heard that from so-and-so. Even though it is true, this is destructive for the world. There is an even worse transgression which is included [within gossip], and that is evil speech, one who spreads disgrace about his fellow even though he is telling the truth.

But if he is lying, that is called defaming his fellow. One who speaks evil speech is one who sits and says so-and-so did this, and his parents were such-and-such and I heard this about them, and says words of disgrace. About this the verse says:

“May God cut off all flattering lips, the tongue that speaks proud things.”

(3) The sages said: “There are three transgressions for which retribution is exacted from a person in this world, and denies the person a portion in the world to come. They are: idolatry, adultery, and murder; And evil speech is parallel to all of these.” Furthermore the sages said: “One who tells evil speech is like one who denies [God] entirely.”

If one sees that his friend wishes to enter into partnership with someone, and he feels that he will undoubtedly be harmed by this, he must tell him to rescue him from that harm, but the following five conditions must be met:

(1) He must be careful not to immediately conclude that harm will result, but must reflect carefully from the beginning to see if the result will, indeed, be harmful.

(2) He must not exaggerate the matter to be worse than it actually is.

(3) His intent must be for benefit only; that is, to remove the harm from the first, and not because he hates the other.

(4) And in this third condition, we shall include yet another matter—that aside from his intending benefit and not being motivated by hatred, he must first reflect as to whether benefit will actually sprout from this—as opposed to what happens very often, that even if tells him, he will not listen to him, but will enter into partnership with him, and afterwards, when his partner angers him with something, he will tell him: “He was right when he told me not to become your partner,” and the like. For such people, whom he recognizes to possess this evil trait of gossip, no permission [to speak up] is conceivable, for it makes these blind men stumble in the absolute transgression of gossip.

(5) If he can accomplish the goal without having to speak badly of the other, he should do so.

(6) All this is permitted only if absolute harm will not come to the one spoken of because of what is said about him. That is, they are not permitted to do him any positive harm, but only to deprive him of the good that might have come to him from the partnership. Even though [even] this is bad for him, in any event it is permitted. But if absolute harm comes to him because of what is said about him, it is forbidden to speak about him; for this would require other conditions...