Showing posts with label Judaism: Speech. Show all posts
Showing posts with label Judaism: Speech. Show all posts

Thursday, October 19, 2017

Weinstein, Mayim Bialik and the Perils of Religious Instruction

I wrote the following for my Beit Midrash's weekly email, and on reflection I'd like to get feedback from a broader population, so I'm reproducing it here:

Two weeks ago, journalists revealed that Harvey Weinstein, a very influential Hollywood film producer, stands accused of many acts of sexual harassment and assault. The story has been given top coverage on every major news website.

Commenting on Hollywood's abusive culture, Orthodox Jewish actress Mayim Bialik wrote an apparently well-intentioned essay for the New York Times last week, describing her own experiences. Toward the end of the article, she stated, "I still make choices every day as a 41-year-old actress that I think of as self-protecting and wise. I have decided that my sexual self is best reserved for private situations with those I am most intimate with. I dress modestly. I don’t act flirtatiously with men as a policy."

Ms. Bialik also wrote very clearly, "Nothing — absolutely nothing — excuses men for assaulting or abusing women." Nonetheless, she has been attacked by numerous victims of sexual abuse, who claim that she is blaming the victim. Ms. Bialik's message of 'I help protect myself by acting modestly' is understood as alleging that victims must not have acted modestly.

This is not what Ms. Bialik meant, as she has responded. However, I think the fact that people read her comments this way is important. As the Talmud (Bava Metzia 58b) explains, we are guilty of ona'at devarim [verbal abuse] if we convey to sufferers that they are responsible for their own pain, even if we don't mean that.

I think if we are to be honest, we must admit that ideas expressed in Torah can be seen as blaming the victims. The Talmud Yerushalmi (Sanhedrin 2:6) associates Dinah's rape with the fact that she mixed among the people of Shechem. A well-known midrash (Psikta Zutrita to Shemot 2:12) links the rape of Shlomit bat Divri to her friendliness toward an Egyptian slavedriver. The Talmud (Sanhedrin 21a) states that the sages reacted to the rape of Tamar, daughter of King David, by prohibiting seclusion of men with unmarried women. To my mind, these comments of our sages are meant to educate about hazards, not to claim that victims of abuse must have put themselves at risk. But if they are cited without context, or to a sensitive audience, or without complete explanation, these sources come across as indictments of rape victims.

We do need to learn and teach Torah, and halachic sexuality is certainly worth promoting. At the same time, we who learn/teach these texts are obligated to be very careful with our words. As the Talmud (Sanhedrin 107a) quotes King David, "One who commits adultery receives capital punishment, but he enters the next world. One who causes another person to blanch [in shame] in public has no share in the next world." May we learn from the events of the past two weeks; when addressing sensitive matters, even [or especially] when quoting Torah, let us choose our words with extra care.

Thursday, September 11, 2014

Good Privacy and Bad Privacy

(From this week's Toronto Torah, hot off the presses)

Several years ago, late night comedian and band leader Paul Shaffer and the OU produced a video offering five reasons to speak lashon hara (harmful speech), including the observation that “speaking lashon hara lets the world know you care… about yourself.” The line was clever, but inaccurate; lashon hara is generally spoken in private, and the world doesn’t know anything about it. This privacy is not a mere detail; according to Rashi, our parshah suggests that privacy is a uniquely malignant characteristic of lashon hara.

In our parshah; Devarim 27:24 curses one who “strikes his friend in secret,” and Rashi states, “This refers to lashon hara.” [This comment appears to be based on Tehillim 101:5 and Pirkei d’Rabbi Eliezer 52.] Along the same lines, the talmudic sage Rabbah claimed that harmful speech uttered where its subject could hear it is not lashon hara. He declared, “Anything stated in front of its subject is not lashon hara.” (Arachin 15b) In practice, Rambam (Mishneh Torah, Hilchot Deiot 7:5) prohibited even private harmful speech, but the intent of our parshah, Rabbah and Rabbi Yosi requires clarification: Why should privacy involve a special wrong? Might public slander be worse?

Perhaps the Torah sees private slander as a unique wrong if it involves a certain type of privacy.

Positive privacy excludes the world by default and only invites in intimates, with whom we wish to share ourselves. The Torah encourages this, terming it tzniut, as expressed in the instruction of Michah 6:8, “walk privately with your G-d.” Or as Ben Sira warned, “May many people ask after your welfare, but tell your secret to one in one thousand.” (Sanhedrin 100b) From this perspective, the world is outside of ourselves, and we invite in rare others based on a shared ideology and vision. As Rambam (Avot 1:6) cited from Aristotle’s Nicomachean Ethics, “A friend is a second self.” Privacy is an expression of alliance. [For those interested in talmudic methodology, this is an approach of klal and prat; the klal is excluded by default, and only the prat is invited in.]

Negative privacy, on the other hand, includes the world in our lives by default; our ideas, speech and bodies are open to all, like posts on a public blog. The privacy limitation is for those whom we exclude because we view them as antagonists; privacy is an expression of hostility. [Returning to talmudic methodology, this is an approach of ribui and miut; the universe is included under the ribui, and specific cases are excluded by the miut.]

Seen in this light, Rabbah’s point and the lesson of our parshah is that while all slander is wrong, the grave sin of lashon hara is worsened by hostile privacy, a weapon. Privacy which aids its circle of participants, without harming those who are excluded, is no crime. Privacy which exists solely as a means of harming others is as dark and destructive as the lashon hara it protects. [We may also use this distinction to justify Section 184.1 of the Criminal Code of Canada, which affords protection to most private communications, but that is beyond the scope of this article.]

The distinction between negative, weaponized privacy and positive, allied privacy may also be seen in the way Moshe introduced our parshah’s litany of curses. Moshe declared, “Today you have become a nation for Hashem your G-d.” (Devarim 27:9) Today we have become a nation – and so we would find it repugnant to even contemplate speaking against each other. And we are a nation for Hashem our G-d, a holy nation, a nation capable of much good through our alliances, and a nation for whom gossip is, literally, unspeakable.

In Shemot 2, Moshe Rabbeinu witnessed an Egyptian beating a Jew; he saw that no one would halt the beating, and so he killed the assailant. On the morrow, Moshe saw a Jew attacking another Jew, and he again intervened. The aggressor said to Moshe, “Are you going to kill me, as you killed the Egyptian?” After which, “Moshe became frightened and he said, ‘The word is out!’“

A midrash (Tanchuma Shemot 10) suggests that Moshe was not concerned regarding being caught; rather, Moshe accused, “The word is out, there must be lashon hara among you! If so, how will you ever earn redemption?” Hostility expressed in negative privacy which shields the spread of slander is inimical to our status as a nation of G-d. If we wish to earn the redemption which Moshe mentioned, then we must recognize, “Today we are a nation for Hashem our G-d,” private only in the most positive of ways, a true nation of Hashem.

Thursday, March 6, 2014

A time to be silent, and a time to speak up

A thought on Parshat Vayikra:

Our parshah takes a strong stand in favour of confidentiality. The opening verses relate, “And G-d called to Moshe, and G-d spoke to him from the Tent of Meeting, to go tell. Speak to the Children of Israel, and tell them…” Troubled by the doubled “go tell,” our sages explained that the duplication teaches us, “that one may not repeat something told to him, unless he is told, ‘Go tell.’“ (Talmud, Yoma 4b)

Certainly, the need for confidentiality is clear; as Sefer haChinuch (mitzvah 236) notes, gossip causes quarreling and strife. However, we might be forgiven for wondering why G-d personally violated this principle. When three visitors informed Avraham that his wife Sarah would birth a baby, Sarah overheard, and laughed. She said, “After I have been worn out, will I be rejuvenated? And my master is old!” G-d then asked Avraham, “Why did Sarah laugh, saying, ‘Can it be that I will give birth? And I am old!’ Is anything beyond G-d?... “ (Bereishit 18:12-14) Why did G-d fail to honour His principle of confidentiality?

We might gain some understanding by studying a conflict between a halachic obligation and the Rules of Professional Conduct (2000) of the Law Society of Upper Canada, regarding permission to break confidentiality.

According to the Law Society’s Rule 2.03(3), “Where a lawyer believes upon reasonable grounds that there is an imminent risk to an identifiable person or group of death or serious bodily harm, including serious psychological harm that substantially interferes with health or well-being, the lawyer may disclose, pursuant to judicial order where practicable, confidential information where it is necessary to do so in order to prevent the death or harm, but shall not disclose more information than is required.” Two points are worth noting here: (1) The lawyer may break confidentiality to  prevent serious harm to health, but not to prevent financial loss; (2) Even regarding saving a life, the lawyer may inform, but is not required to do so.

Contrast this with the Rambam’s position (Sefer haMitzvot, Lo Taaseh 297); he warns against “weakness” in rescuing from “danger of death or financial loss.” Based on the Talmud (Sanhedrin 73a), Rambam includes financial loss as grounds for action, and views intervention as a requirement. Therefore, modern halachic authorities rule that one must break confidentiality in order to save a person from physical or financial harm. [See Chafetz Chaim, Rechilut 9. Note: A discussion of endangering a career to avert another person’s financial or physical harm is beyond the scope of this article.]

The Law Society honours confidentiality over rescue because Ontario law does not require any individual to save any other individual from harm, unless a special relationship of caring for the victim already exists. In contrast, as explained by Rambam, halachah does require that we rescue others. Therefore, our responsibility to look after each other overrides our great respect for privacy and confidentiality.

This duty to rescue may explain why G-d spoke with Avraham about Sarah’s laughter: G-d broke confidentiality to rescue Sarah from denial of Divine omnipotence. As we see in numerous mitzvot, such as tochachah and lifnei iver, the Torah requires intervention to save a person from spiritual harm. Therefore, G-d spoke with Avraham. Avraham was already well-established as the Divine messenger; from the moment when Avraham and Sarah journeyed to Canaan (Bereishit 12:1), to their move to Chevron (ibid. 13:14), to the re-naming of Sarah (ibid. 17:15),    G-d issued each instruction to Avraham,  and Avraham relayed it to Sarah. Admittedly, the choice of Avraham as prophet is confusing, given that G-d told Avraham that Sarah possessed greater insight and he was to follow her word. (ibid. 21:12) Nonetheless, Avraham is the prophet, and G-d breaks confidentiality in order to have His prophet educate His people.

The combination of our parshah’s imperative for confidentiality, and our duty to rescue, precipitates a difficult decision: Do we err on the side of confidentiality, or on the side of rescue? Even if we conceal the worst, as G-d did in relaying Sarah’s speech, how do we decide whether it is a time to be silent, or a time to speak? (Kohelet 3:7)

We might apply five rules offered by the Chafetz Chaim (Rechilut 9:2):
 Make certain that the danger you wish to avert is real and substantive;
 Do not exaggerate;
 Act to help the victim, not to harm the other;
 Seek other methods of rescue first;
 Avoid language which could cause collateral damage to the subject.

May we always honour our duty to rescue, but with a firm commitment to our parshah’s value of confidentiality.


Monday, June 29, 2009

It’s just the way people talk, right?

I attended a safety course the other day, and the instructor made reference to a razor, gesturing to one of the women present and saying something along the lines of, “You know, like one of the little pink disposable razors she uses.”

I found the line jarring - not because there was anything illicit implied or intended, but because, by its very nature, that sort of thing seems to be me to be private. Yes, everyone knows that women use these, and it’s normal for public conversation in an age when far more intimate things are discussed on network television – both entertainment and news - and in children’s films… but, still, I found it uncomfortable to have someone make public reference to them.

It’s not about any pornographic innuendo; I’ll give you a different case to illustrate what I mean.

A few years back I served as mashgiach for a catered event. At one point during the kitchen preparation, the head of the operation left for an errand. Immediately after his car pulled out of the lot, two things happened: One, the employees stopped most of their work. And second, they started talking about him in ways that just struck me as nasty. They weren’t complaining about any particular behavior or event, they were just making fun of him.

It is, of course, the way people talk. But I find it repellent.

Many of my formative social years were spent in a beit midrash atmosphere where that kind of talk, whether prurient or derogatory, is frowned upon, and that shaped my sensitivities for life.

I’m not claiming purity for the beit midrash environment; I am quite aware that not everyone who learns is clean of mouth. I knew people then, and I know people today, who wear the mantle of Torah but still speak negatively about others, or tell off-color jokes.

But in my time in Yeshivat Kerem b’Yavneh and Yeshiva University I was fortunate to be surrounded by friends who were, for the most part, careful with their speech. If you spoke inappropriately, their expression – a look at the floor, a grimace – told you so. And so our society enforced the idea of guarding our speech, and lines like that one about the razor, or speech behind someone’s back, still gives me a shudder.

I never was particularly protected from the world around me, and I certainly am not sheltered today. I have, to a certain extent, become de-sensitized to a lot of things. But that has not changed.

I hope I am not coming across as sanctimonious or self-righteous – that is not my intent, and I am in no position of righteousness to judge others - but I thank Gd, as well as the friends of my yeshiva days, that I have not lost that shudder.

Friday, April 24, 2009

The Metzora's Freebird (Derashah Metzora 5769)

The American Heritage Dictionary (Fourth Edition) defines “comeuppance” as “A punishment or retribution that one deserves; one's just deserts.”

I think the appropriate comeuppance for the participants in Durban II, the UN’s sequel to its 2001 “World Conference on Racism,” would be the tzaraat described in our parshah. Since tzaraat is supposed to punish slander, and since a great part of the Durban II agenda is to slander Israel, it would be great to see the conference participants, especially those who applauded the Iranian president’s anti-Israel diatribe, come down with a nice tzaraat rash across their foreheads.

Unfortunately, tzaraat doesn’t happen anymore; since the dying days of the first Beit haMikdash more than twenty-five hundred years ago, no one has experienced the rashes and discolorations that warn people away from a person who speaks harmfully about others.

However, the metzora can still teach us an important lesson about our response to the Durban II conference.


The mystical Zohar asserts, “Every word that a person produces from his mouth ascends upward and pierces heavens and enters a space higher still!”

So imagine the debasement of such power when a person uses it to malign others, to mock others, to undermine others. This is the crime of the metzora, and a Jew who commits such a crime is evicted and ostracised from the community until he repents.

As part of his purification, after repenting, a metzora brings two birds to the Beit haMikdash. One of them is schechted, and the other one is released, to fly away.

The gemara explains that the metzora must end his impurity and conclude his repentance with birds, specificallly; we bring chattering birds to atone for abusing our power of speech. But the fact that the metzora releases one of the birds is odd, and unique among korbanot.


Rav Moshe Isserles offered the beginning of an explanation, outlining symbolism for each bird:
• The schechted bird represents the yetzer hara, one’s inclination for evil.
• The freed bird represents the yetzer hatov, one’s inclination for good.
• The birds are identical in all ways, showing that these inclinations are equally part of human existence, but we schecht the bird that represents evil, and we release the bird that represents good.

Rabbi Dov Weinberger of New York goes further, though, explaining that the yetzer hatov, represented by the freed bird, must play its own role here because the yetzer hatov was a crucial part of the sin. Lashon hara involves more than just slander; it relies, also, on the absence of good speech, on our failure to say positive, helpful, encouraging things at the right time. Were we to use speech more positively, there would be no room for lashon hara:

• Were we to encourage others, praising them for their successes and consoling them for their losses, we would construct relationships which would not allow for lashon hara.
• Were we to use speech to organize people for mitzvot, we could create positive community, strengthening bonds that would defy destructive slander.
• Were we to use speech to correct wrongdoing, helpfully enabling others to right their wrongs, then there would be nothing for people to criticize.

So the very existence of lashon hara testifies to a deficiency in our yetzer hatov, a corrosive lack of positive speech. And when the metzora releases this bird to fly away safely, he declares his understanding that schechting the yetzer hara, ending lashon hara, is insufficient; he must also unleash his yetzer hatov, speaking positively.


Which brings us back to international slander against the State of Israel. This past week brought a perfect media example of such evil speech:

During the Gaza War, anti-Israel media claimed that Israel was using white phosphorus against civilian populations, savagely burning people and breaking the international laws which limit its use to open, non-urban areas. Despite the fact that the Red Cross could find no evidence of wrongdoing, newspapers and blogs and UN personnel insisted that Israel was guilty. Indeed, at Durban itself, this past week, the claim was again lodged against Israel.

But also this past week, the IDF concluded investigations into five separate allegations of misconduct, and found, among other things, that white phosphorus was never used illegally. To quote the report, “The probe… revealed that white phosphorus weapons were used strictly in open fields and not in urban centers.”

And yet, the Times of London titled its coverage of the report, “White phosphorus in Gaza: from flat denial to final admission,” and a leading critical blog titled its article, “Israel admits mistakes, use of white phosphorus in Gaza offensive.” And so on.

This sort of slander has dominated Durban II, as well. Ahmedinajad was only part of the show; all of those nations who applauded him, and the supporters who called Elie Weisel a Zionazi, are symptomatic of the much stronger trend against Israel among these United Nations.

Certainly, we can use lashon hatov to combat the lashon hara of Durban, highlighting all that is wonderful about Israel, including the morality of its army and the way in which the army investigates, publicizes and corrects its errors. This would leave no room for the lies of those who would tear down our country.

Certainly, in a week when we celebrate the 61st anniversary of the founding of this great country, we would do well to find a few moments to write a letter to the editor of a newspaper, or send out an email to friends, or take advantage of conversation opportunities to play up all that Israel has achieved in its history.


As part of his repentance, the metzora also brings two sheep as sin offerings – a chatat, and an asham. Rav Ovadia Sforno, writing in 15th century Italy, explained that two offerings are required because two sins are involved: The metzora sins once by speaking slanderously, and he sins a second time by using slanderous speech to aggrandize himself.

All of us are guilty, at one point or another, of lashon hara, of corrupting and debasing that tremendous power described in the Zohar, to elevate ourselves. Our teshuvah should match that of the metzora, schechting the yetzer hara and unleashing the yetzer hatov, using positive speech to build up ourselves, and those around us as well.

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Notes:
1. Vayyikra Rabbah and Gemara Erchin (15 or so as I recall) are some of the sources linking Tzaraat to slander.

2. The Zohar quote is from Metzora, pg. 55a. Rav Moshe Isserles's comment is in Torat haOlah Vol. 3, chapter 68. The gemara on using birds because they chatter is in Zevachim 88b. The Rambam notes that the birds are identical, but I think that is actually talmudic, I just can't remember where at the moment.

3. One also sends away the sair la'azazel (scapegoat) on Yom Kippur, but many authorities do not consider that a korban at all, but a separate ritual.

4. The quote from R' Dov Weinberger was given to me by Rabbi Naftali Lavenda, and appears in a dvar torah by Rabbi Frand at http://torah.org/learning/ravfrand/5761/tazria.html.