EXOD758 First, one should be familiar with the basic halachic principles regarding lashon hara and rechilus. (“Lashon hara” means speaking disparagingly of another person, and “rechilus” means informing another person of the negative things that someone else said about him or did to him.) Both lashon hara and rechilus are forbidden even if what the speaker says is true, as we will explain later, with Hashem's help, based on the consensus of all the poskim. Second, the prohibition of lashon hara and rechilus applies whether the person who is being spoken about is present or absent. Third, there is no distinction made between one who speaks lashon hara and who accepts the lashon hara, as we will explain later. One is considered to have “accepted lashon hara if he believes, in his heart, the speaker’s negative comments. Even if one does not add any of his own words to the speaker's comments, but merely believes the lashon hara or rechilus that he heard, he is still considered “one who bears a false report,” and has violated the prohibition of לֹ֥א תִשָּׂ֖א שֵׁ֣מַע שָׁ֑וְא, “Do not bear a false report" (Shemos 23:1). Every one of these principles has many offshoots and facets, as is the case with all other aspects of the Torah.

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EXOD759 One who speaks or believes lashon hara also violates the prohibition of לֹ֥א תִשָּׂ֖א שֵׁ֣מַע שָׁ֑וְא. “Do not bear a false report" (Shemos 23:1). Even though the pasuk uses the word תִשָּׂ֖א, bear, referring to the listener, the word can also be read תשיא, caused to bear, referring to the speaker. Consequently, this prohibition includes both the listener and the speaker.

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EXOD764 See [[LEV525]] Leviticus 19:16 talebearer BLOCH 148-9

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EXOD765 The Ethics of Love are summarized in the injunction: "Thou shalt love thy neighbor as thyself" [Lev. xix. 18.] The word "neighbor" includes those of other races and creeds, being irrespective of whether they are good or base, kind or cruel. Our duty is to love them. If he is deaf or blind, he is entitled to our consideration [Lev. v. 14]. The reputation of another should be inviolable [this verse]. Tale-bearing, wicked insinuations, hatred of another even in our heart, are all proscribed [Lev. xix. 17]. Love declares unethical the revengeful and relentless disposition, and pronounces as abominable dealing in false weights and measures [Lev. vv.35-36]. Love extends to reverence of old age and embraces the dumb creatures pacing earth as having claim on our consideration. Love precludes malice and bitterness, prejudice and intolerance. We are not to rejoice when our enemy is dejected, nor to be dejected when he is elated. Kindness and sympathy should know no bounds. [Exodus xxiii. 4-5].

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EXOD763 Even those of us who acknowledge speaking lashon hara believe that we never spread malicious lies. And yet, if we pass on rumors, we inevitably end up disseminating lies as well. That is because rumors, in general, are not positive ("Hey, did you hear that so-and so is a wonderful person?"). Many, perhaps most, rumors are negative. If they also turn out to be false, then we have helped to pass on a damaging lie. "But I didn't know it wasn't true," we will say. This, however, is not a valid defense. Someone who drinks alcohol before driving does not intend to go out and kill anyone with their car. Yet, if a person routinely drinks and drives, he will, sooner or later, get into an accident and cause an innocent person grave injury. If we don't resist passing on rumors, then sooner or later-probably sooner-some of these rumors will be both negative and untrue. That we did not inflict the harm intentionally is as much of a consolation to the victim as is the claim of the drunk driver that he did not mean to maim his victim. Transmitting a false rumor also puts us in violation of a specific biblical command: "You shall not carry false reports" [this verse].

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EXOD766 A sinner should not be a court witness. Do not accept court testimony from a sinner. Wicked people, thieves and robbers are all disqualified from serving as witnesses. All who sin display no worry for their welfare (for they know that they will be punished). It can be assumed that neither will such people refrain from acts that are detrimental to the welfare of others. Therefore, words of such people cannot be believed.

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EXOD770 Strong talmudic opposition to gambling was responsible for a rabbinical law which put the integrity and trustworthiness of gamblers into question. As a result, gamblers were barred from appearing as witnesses in most judicial proceedings. … Specifically, gamblers were not accepted as witnesses in civil cases involving financial claims (Rosh HaShanah 22a). The impaired credibility of gamblers constituted a public stigma strong enough to discourage all but the addicts from gambling. Rabbi Judah (2nd cent.) eased somewhat the stringency of the law of the ineligibility of gamblers. According to him, the law applies only to gamblers "who have no other means of livelihood [i.e., professional gamblers]. If they have another gainful occupation, they are eligible" (Sanhedrin 24b). The divergence of rabbinic views stemmed from two distinct perspectives of the evil of gambling, the legal and moral aspects. Rabbi bar Chana (4th cent.) based the rule of disqualification of gamblers on the principle that money gained by gambling is tainted with the smell of robbery. The biblical definition of robbery is limited to the forceful appropriation of money without the consent of the owner. Acceptance of gambling gains does not constitute robbery in the biblical sense of the word. After the spread of gambling the rabbis broadened the definition of robbery to include money won by gambling. They justified the broader definition by the fact that gamblers do not truly and willingly consent to the giving up of their money. Gamblers enter a game with hopes of winning. A gambler's agreement to forfeit his money if he loses is qualified by mental reservations. One lives up to the terms of the agreement under conditions which amount to quasi-compulsion. It is therefore proper to regard money won by gambling as tainted with the smell of robbery. Individuals guilty of violent robbery (the biblical definition) are wholly disqualified from ever giving testimony in court [this verse]. Individuals accepting gambling profits (rabbinical definition of robbery) are only partially deprived of their eligibility. Rav Sheshet (4th cent.) disputes the legal premise of the opinion which holds a gambler culpable of rabbinically prohibited robbery. In his view, gambling agreements are entered into voluntarily and hence are legal, though not necessarily enforced by the courts. However, gambling is morally wrong because it is against public policy. It is God's will that people engage in constructive work which contributes to the welfare of society. The professional gambler is a parasite who does not serve the interests of the community. A social gambler, on the other hand, if he has a gainful occupation, is surely not guilty of a parasitic mode of life and hence does not incur the penalty which bars him from testifying in a court of law. [Note: Additional discussion of gambling in the source both precedes and follows this excerpt - AJL).

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EXOD768 It is a negative commandment for the court not to accept the testimony of a man of sin for Scripture says, You shall not set your hand with the wicked to be a malicious witness [this verse]. If one qualified witness knows that the other one is wicked while the judges do not recognize his sinfulness, he is forbidden to give testimony with the other – – even true testimony – – on account of the prohibition, You shall not set your hand with the wicked. There is no need to add that if he knows that the second witness is going to give false testimony, he is forbidden to testify with the other.

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EXOD769 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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EXOD767 [What is the intent of "a false (lit., "a robbing") witness"? If one's master told him: "You know that I would not lie for all the money in the world, but that man owes me a maneh and I have one witness. Come and join him so that I can get what is rightfully mine" -- in this respect it is stated: "Do not place your hand with an evildoer to be a robbing witness" -- This one is called "a robbing witness" (Mechilta).

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