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LEVITICUS | 19:16 talebearer — LEV529 Q: If I know that a job applicant has a cr...

LEV529 Q: If I know that a job applicant has a criminal record, should I inform the proprietor? A: The case of a former criminal can be examined in two ways. From one standpoint, he is the same as anyone else – he deserves protection from slander, but at the same time others deserve protection from any damage he may be likely to cause. From another perspective, there is a public interest involved in this unique case.… The discussion here cannot touch upon the grave and complex considerations that apply if the applicant's past creates a concern that he may be dangerous to others. Here we will examine the concern that the applicant may be dishonest and cause a monetary loss. As we have written many times, Jewish tradition deems revealing someone's defects or shortcomings to be a grave transgression. Even casual or innocent gossip is strictly condemned. However, in some cases our dismay at speaking up has to give away before our responsibility to protect others from harm. The Torah emphasizes the reciprocal connection between these two duties by combining them in a single verse: "Do not go about as a talebearer among your people; do not stand idly by the blood of your neighbor." [This verse]. The first half of the verse forbids gratuitous slander or gossip, while the second half requires us to take active steps to protect our fellow from harm. Sefer ha-Hinnukh explains: "If we hear someone saying something negative about his fellow, we should not tell the other: 'So-and-so said such-and-such about you.'" But then he adds "unless our intention is to prevent damage and to calm a dispute." Since only gratuitous slander is forbidden, it is permissible to inform if we fulfill a number of conditions, as explained in the classic Hafetz Hayyim by Rabbi Yisrael Meir ha-Kohen. (See especially sections 1:10 and 11:10). They are arranged below in a mnemonic ABC format: Accuracy. It is forbidden to exaggerate or embellish. Benefit. Revealing the information must be the only way to obtain some constructive benefit. Certainty. We must be sure the information is reliable. Desire. The teller's intention must be constructive, not vindictive. Equity. The revelation must not cause undeserved damage to the subject. It is not equitable to protect one person at the expense of another.

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Source KeyMEIR
Verse19:16
Keyword(s)talebearer
Source Page(s)49-50
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