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Tuesday, May 14, 2013

Calling another Jew a rasha (evil): Punishment and Repentance

Posted on 4:40 AM by Unknown
Kiddushin (28a): It was taught: If someone called a person a slave then he is banned (nidoi). If he called him a mamzer then he is given 40 lashes. If he called the other person a rasha (wicked) the victim can damage the perpetrator’s livelihood.(יורד עמו לחייו

Rashi (Kiddushin 28a): Beis din does not get involved but the victim is allowed to hate the perpetrator and damage his livelihood and to ruin his business.

Ritva (Kiddushin 28a): This is mida keneged mida (measure for measure). Since the perpetrator caused him a loss in his well being because society does not have mercy on one called a rasha. Therefore beis din does not get involved but it is permitted for him to damage the perpetrator's livelihood and to cause him a loss in his well being.
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If someome discovers that they are wrong about another person that they have publicly condemned - what should be the response?

Berachos(31a-b): [Soncino Translation]   R. Hamnuna said: How many most important laws can be learnt from these verses relating to Hannah!33 Now Hannah, she spoke in her heart: from this we learn that one who prays must direct his heart. Only her lips moved: from this we learn that he who prays must frame the words distinctly with his lips. But her voice could not be heard: from this, it is forbidden to raise one's voice in the Tefillah. Therefore Eli thought she had been drunken: from this, that a drunken person is forbidden to say the Tefillah. And Eli said unto her, How long wilt thou be drunken, etc.34 R. Eleazar said: From this we learn that one who sees in his neighbour something unseemly must reprove him. And Hannah answered and said, No, my lord. ‘Ulla, or as some say R. Jose b. Hanina, said: She said to him: Thou art no lord in this matter, nor does the holy spirit rest on thee, that thou suspectest me of this thing. Some say, She said to him: Thou art no lord, [meaning] the Shechinah and the holy spirit is not with you in that you take the harsher and not the more lenient view of my conduct. Dost thou not know that I am a woman of sorrowful spirit: I have drunk neither wine nor strong drink. R. Eleazar said: From this we learn that one who is suspected wrongfully must clear himself. Count not thy handmaid for a daughter of Belial; a man who says the Tefillah when drunk is like one who serves idols. It is written here, Count not thy handmaid for a daughter of Belial, and it is written elsewhere, Certain sons of Belial have gone forth from the midst of thee. Just as there the term is used in connection with idolatry, so here. Then Eli answered and said, Go in Peace. R. Eleazar said: From this we learn that one who suspects his neighbour of a fault which he has not committed must beg his pardon;6 nay more, he must bless him, as it says, And the God of Israel grant thy petition.
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