LEV519 In the Middle Ages, when the mail system expanded, Rabbenu Gershon (c. 960-1028, Germany) issued a decree prohibiting mail carriers and others from reading other people's mail lest they learn trade secrets or spread gossip, thus violating the prohibition of talebearing (this verse). According to the decree, violators would be subject to excommunication, even if they did not publicize the improperly read letter. He thus recognized privacy as an important value in its own right, apart from its importance in protecting people from harm. (Finkelstein (1924), 31, 171 ff. 18, 189. Encyclopedia Talmudit 7:153, nn. 877-904 at Herem d'Rabbenu Gershom (Hebrew), cites Ashkenazic and Sephardic codes and responsa that adapted and extended Rabenu Gershom's mail decree.

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LEV533 The Hebrew word for gossip comes from the root rokhel, which means a peddler. Gossips spread news about people, just as peddlers hock their wares. Even though gossip, by definition, consists of truths about other people--or, at least, with the speaker thinks is true-- and even though the speaker tells of matters that do not in and of themselves degrade the person being described, nevertheless the Torah forbids spreading gossip: “Do not spread tales (lo talekh rakhil) among your people” (Leviticus 19:16). Unfortunately, the Torah is not clear about what it is prohibiting. What, then, is gossip, and how does it differ from ordinary conversations in which friends sometimes describe what other people are doing? The Mishnah identifies at least one aspect of gossip that is interdicted, and it quotes a verse from the Torah and another from the Book of Proverbs that uses the same Hebrew phrase (holekh rakhil) to make its point: “How do we know that when one of the judges leaves the court, he may not say [to the litigant who lost the case], “I voted to acquit you, but my fellow judges made you liable. What could I do, given that my colleagues outnumbered me?” On such speech the Torah says, “Do not spread tales among your people,” and the Bible says, “One who spreads tales reveals secrets [but a trustworthy soul keeps a confidence]” (Proverbs 11:13). -- Mishnah, Sanhedrin 3:7. Maimonides expands on this example when he offers a more general definition of gossip and describes its consequences: “One who spreads rumors about someone else violates the negative commandment, “Do not spread tales among your people” (Leviticus 19:16). And even though we do not whip a person who violates this negative commandment [despite the fact that flogging is the usual punishment for violating a negative commandment], nevertheless it is a great sin and causes the killing of many souls of Israel. Therefore, this part of the verse is juxtaposed to the next part, “Do not stand idly by the blood of your brother.” Go and learn from what happened to Do’eg the Adumean [whose disclosure of information to Saul led to the killing of eight-five innocent men and their wives and children: 1 Samuel 22, 23]. What is a talebearer? It is someone who claims things and goes from one person to another, saying: “This is what so-and-so said,” and “This is what I heard about so-and-so.” Even if it is true, such speech destroys the world. -- Maimonides, Mishneh Torah, Law of Ethics (De’ot) 7:1-2. ... The lesson, then, is that one must beware what hearers will make of information about another person, even when it is true and even when the speaker intends no ill. This is especially true when in the company of people one does not know well, where the less said about other people, the better. The more one knows the listener, the more one can share about family and friends, and so normal conversation with such people is fine. Frictions often exist, though, even among family and friends, and so even in that context one must tailor one’s remarks to the listener in order to avoid bad consequences for the person described.

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LEV532 The demand to protect confidential matters applies not only to public authorities like judges but to private individuals as well. The Torah prohibits spreading not only falsehoods about other people (sheker, "lying") [this verse] but also true facts about someone else that they have no need to know--in other words, rekhilut (gossip) [Leviticus 19:16]. The Talmud takes this further, insisting that even if there is no harm intended or anticipated, a person may not reveal a private conversation to an outside party, unless the original speaker gives explicit permission to do so. B. Yoma 4b. This rule restricts the information shared even with a spouse. Indeed, in marriage one may and should keep some of one's own thoughts or actions to oneself, for despite the physical and emotional intimacy of the relationship, married people continue to need and deserve a degree of privacy. People clearly have the duty to inform their spouses about anything that will have an impact on their lives in the present or future, but when there are no such practical implications, spouses should not be told or reminded of past actions or of present or past thoughts that will only upset them. For that matter, as a general rule, spouses have no obligation to tell each other everything they have done or thought and, conversely, they do have the right to be downright uninterested in some aspects of the other's life. Some things, even in marriage, may and should remain private with the individual.

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LEV540 Who is a talebearer? One who loads himself with stories about others and goes from one to another and says, "Thus did so-and-so say," and "Thus and thus did I hear about that one." Even though what he tells is true, this kind of thing destroys the world. And we have been warned about this as it is written (this verse). And what is tale-bearing? One who reveals to another things that were said about him in secret.… be very careful concerning gossip for with this you shame yourself. For he who finds others unworthy is himself unworthy, and he does not speak in praise of anyone, and his way is to find people unworthy with the fault that he himself possesses. Kiddushin 70a. For this fault of his is constantly on his mind and when he gossips he expresses it with his mouth.… a gossip always seeks out the faults of people; he is like the flies who always rest on the dirty spot. If a man has boils, the flies will let the rest of the body go and sit on the boil. And thus it is with a gossip. He overlooks all the good in a man and speaks only of the evil. There is a story about a certain man who went with a wise man in the field, and they saw a corpse. The man said, "How putrid this corpse is." And the wise man said, "How white are its teeth." Thus the wise man rebuked his companion and said in effect, "Why must you speak about its blemish; speak of its excellence, for one should always speak in commendation of the world." Sefer Orhot Zaddikim--The Ways of the Righteous.

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LEV528 Q: I was just asked to give a reference for a former employee. I want to give the prospective employer as much information as possible, but I don't wish to bad mouth my former hire. A: … A degree of frankness in referrals is ethically appropriate, because accurate information is of immeasurable aid to the prospective employer. An inappropriate hire is frustrating for employer and employee alike. There may even be a third victim: another, more suitable applicant who was not hired and remains out of a job. Yet there is a significant danger that the information you provide may be improper, or may be improperly used. The ethical responsibility to avoid slander is a primary concern. The Torah emphasizes the need to balance our ethical obligations to the recipient and to the subject of negative information by mentioning the two considerations in a single verse: "Do not go about as a talebearer among your people, and do not stand idly by the blood of your fellow man; I am the Lord." [this verse]. The first half of the verse warns us against slander, but the continuation of the verse tells us not to stand idly when we have the ability to come to the aid of our fellow man. The final expression, "I am the Lord," reassures us that we have the God given ability to fulfill both obligations in a responsible way. ... What is forbidden is gratuitous slander, but if we have appropriate intentions and exercise due prudence, disclosure is proper and may be an obligation. ... We must first of all be careful not to arbitrarily spread damaging information, even when it is true; subject to this restriction, we should reveal information when it will help protect someone else from harm.

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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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LEV530 Q: May firms monitor worker emails? A: There is no doubt that it is proper and even vital to keep an eye on workers to make sure that they are doing their job. The Talmud suggests ironically that someone who inherits a lot of money and wants to lose it quickly should hire workers and fail to supervise them. Bava Metzia 29b It also assures us that someone who personally surveys his affairs each day, including the behavior of workers, is guaranteed to benefit. Chullin 105a However, intrusive monitoring can violate a worker's privacy. The fact that someone is at work doesn't make his or her every move the concern of the employer. Employers have an ethical responsibility to monitor in a responsible way. This responsibility has two aspects, the "what" and the "how": 1. Not to have an excessive amount of monitoring; 2. Not to use the information gleaned from monitoring in an in equitable or otherwise improper way. We can get some idea of where to draw the line from a fascinating insight of the renowned seventeen century legal authority, Rabbi Yaakov Hagiz. Noting that gossip is strictly forbidden in Jewish law, according to the verse, "Don't go about as a talebearer" [this verse], Rabbi Hagiz concludes that just as it is forbidden to disclose private information to others by gossiping, so it is forbidden to reveal such information to ourselves by prying. "It is forbidden to pursue and seek the private affairs of one's fellow, for what is the difference between gossiping to others or to oneself?" Responsa Halakhot Ketanot 1:276. We can complete the picture by presenting the basic ethical principle regarding gossip or slander: Only information that is essential to preventing substantive damage may be disclosed to the vulnerable party and only if the information will be used in a responsible way.

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LEV531 Tale-bearing, or gossip, refers to telling stories about others that are true (at least in the speaker's mind) and not necessarily negative or degrading to the subject (M.T. Laws of Ethics 7:2). The Jerusalem Talmud interprets the verse's rakhil with reference to rokhel, a peddler: one should not be like a rokhel who bears the burden of one person's words and carries them to another (J. Peah 1:1, 16a). Maimonides (M.T. Laws of Ethics 7:1:2) employs strong language in writing of gossip, pointing out that it is a "great sin" which can cause the "killing of souls" and can "destroy the world." He specifically calls attention to the case of Doeg the Edomite (1 Sam 22:9–19). Doeg informed King Saul that Ahimelech, a priest in Nob, had assisted the then-fugitive David. This information was true (per 1 Sam 21:2–10) and was not prima facie negative about either Ahimelech or David; yet this information enraged Saul, who ordered Doeg to kill all the priests in Nob. Thus, according to Maimonides, the prohibition of gossip is appropriately placed alongside the command "Do not stand idly by your brother's blood" [this verse]. Another issue with the gossipmonger is that she may reveal what should be kept private. M. Sanhedrin 3:7 quotes [this verse] and Proverbs 11:13 ("A base fellow [rakhil] gives away secrets, but a trustworthy soul keeps a confidence")... (By Alyssa M. Gray, "Jewish Ethics of Speech")

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LEV513 "You shall not go about as a talebearer among your people" This is the prohibition dealing specifically with loshon hora and r'chilus. Loshon hora is the term used for a derogatory or damaging statement. R'chilus is the term used for a report that someone has spoken or acted against the listener. Both are prohibited even when true. Just as a peddler (rochil) goes from house to house selling his wares, so too, a habitual gossip goes from person to person picking up and leaving behind tidbits of derogatory information about others (see Rashi).

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LEV539 We are sometimes obligated to relate derogatory information. Rabbi Chayim of Volozhin said that the Torah wrote the two prohibitions together to teach us a lesson. When it is necessary to relate derogatory information to save someone from harm we must do so. Withholding such information is a violation of the prohibition against standing idly by the blood of your fellow man (See Chofetz Chayim, R'chilus 9b:6; The Ohr Hachayim and Malbim also discuss this idea.). Rabbi Simcha Zissel Ziv comments that from here we see how much effort it takes to do exactly what is proper. Since speaking loshon hara is an extremely great transgression, a person might be inclined to avoid it by resolving, "I'll always remain silent and I won't talk at all." But this is not permissible. There are times when one is actually obligated--not merely allowed--to relate derogatory information. (Chochmah Umussar, vol. 1, p. 332). Some people are normally careless in regard to speaking loshon hora. Yet they avoid relating information of practical importance, such as information in connection with a shidduch or a business partnership. In such matters, failure to relate the necessary information could cause serious harm and damage. For this reason, it is of the utmost importance to know the laws of loshon hora very well. A person must know when he is obligated to be silent and conversely, when he is obligated to divulge information. (Zeh Hashulchan, notes of sefer Chofetz Chayim).

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