The laws of dealing with an "apikorsus"
Posted by: richardmgreen ()
Date: January 19, 2006 11:40PM

An "apikosrus" is a heretic accoording to the orthodoxy. According to the Chofetz Chaim they can be the subject of lies to and about.
Shmiras Haloshon Yomi
7 Kislev, 5766 / December 8, 2005



Day 69 - Defining the Apikoros
SEFER CHOFETZ CHAIM — Laws of Loshon Hora 8:7





The Chofetz Chaim writes that it is permitted, and at times even a mitzvah, to speak loshon hora about an apikoros. The Chofetz Chaim defines apikoros as someone “who denies the Torah or the prophecies of Israel, either the written Torah or the Oral Torah, even if he says that he believes in the entire Torah except for one verse or one law which is derived from the Torah through the principles transmitted at Sinai.”



In our day, it is difficult to relate to this halachah. This is because the typical non-observant Jew today is a far different personality from the nonobservant Jew of Europe a century or two ago. There was a time in the not-too-distant past when the vast majority of Jews were observant of every point of halachah. The winds of change, which were first felt in Germany some two centuries ago, led to the so-called “Enlightenment,” from which later developed Reform Judaism, Jewish Socialism and Communism, and other movements which sought to uproot authentic observance of Judaism. It was in this heretical climate that many, including young men and women who had been raised in observant homes, were swept up by the awful momentum of the time and abandoned the ways of their forebears.



It is a mitzvah to speak derogatorily of an apikoros to publicize his wickedness so that the innocent will know to keep their distance from him and not fall prey to his influence. However, as we have mentioned previously, the average non-observant Jew in our day has the status of a tinok shenishbah (a child who was captured by gentiles) and it is forbidden to speak loshon hora about him.



The Chofetz Chaim stresses that we cannot assume that someone is an apikoros based on hearsay. We can consider someone an apikoros if we personally heard him make heretical statements, or if there are consistent reports throughout the community that the person’s statements and behavior place him in this category.



In concluding this segment, the Chofetz Chaim expresses his concern that baalei loshon hora (habitual gossipers) will use this halachah to label innocent people as “heretics,” thereby claming that blatant loshon hora is a mitzvah! These sinners may feel justified in spreading negative information about anyone whom they please and claim that this was sanctioned by the Chofetz Chaim himself!



Nevertheless, the Chofetz Chaim chose to put these laws into print, citing the verse “For the ways of Hashem are straight; the righteous walk in them and sinners will stumble over them” (Hoshea 14:10). The Torah is the Torah of truth, and when it is followed faithfully, it guides a person’s life along the path of truth. But when a person bends the Torah to fit his own will, then the Torah’s power to guide the person is lost, and he is driven strictly by his own desires.





Day 70 - Putting Out the Fire
SEFER CHOFETZ CHAIM — Laws of Loshon Hora 8:8-9



In this segment, the Chofetz Chaim discusses the issue of loshon hora as it relates to machlokes (dispute). Specifically, he deals with how and whento speak up regarding a controversy with the intention of quelling the dispute and making peace.



The danger of becoming involved in any dispute is that it is often difficult to know which side is right. What one side sees as a valid complaint, the other may see as nonsense. As the saying goes, “There are two sides to every story.”



How, then, does one handle this kind of situation? The Chofetz Chaim cautions us, “Ponder the matter carefully, in accordance with the laws of the Torah and [only then] decide which side is the baal machlokes (instigator of strife).” Apparently, the Chofetz Chaim is telling us to consult someone whois learned and, with his guidance, sift slowly and carefully through the information to determine if one of the disputants can be classified as a baal machlokes.



This is not an easy task. The Chofetz Chaim says that if, after examining the situation carefully, we cannot determine which side is guilty, then we should refrain from becoming involved.



If, on the other hand, we have determined that one of the parties is a baal machlokes, then the Torah allows us to publicly voice our condemnation of this person as a means of convincing him to end the dispute. We are speaking specifically in a case where the baal machlokes will most likely back away from the battle when he realizes that public opinion is against him. On the other hand, if this person is impervious to public opinion, then there is no constructive purpose in publicly declaring him a baal machlokes, and doing so would constitute speaking loshon hora.



The Chofetz Chaim lists three additional prerequisites before one speaks against a baal machlokes:



1. One must have accurate firsthand information regarding the dispute.



2. One’s intention must be strictly for a constructive purpose and not because he happens to dislike this person. If a previous animosity exists, one is not allowed to become involved. This point will be clarified later in this volume (see Day 83).



3. Obviously, if one can speak privately to the baal machlokes and convince him to desist, then that is the path which one is required to take. However, the Chofetz Chaim recognizes that in the case of the baal machlokes, rebuke may be a double-edged sword. By rebuking him in private one may lose his status as an impartial party and become aligned in the instigator’s mind with his enemies. The instigator may then move quickly to thwart any attempts to rebuke him publicly. If this scenario seems to be a real possibility, then one should not attempt to rebuke the baal machlokes in private.



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