Tuesday, March 27, 2007

Daf Yomi - Moed Katan 16 - Blasphemous Words Regarding a Beis Din

The Gemora states: The agent of the Beis Din is permitted to report back to the Beis Din the derogatory words of the defendant and it is not considered loshon horah (slander). Scriptural proof is cited from the fact that Dasan and Aviram’s words were reported back to Moshe and Moshe accepted the report as true.

The Chasam Sofer asks: The Yerushalmi states: One is permitted to speak loshon horah on baalei machlokes (people causing arguments); what is the proof that one is allowed to repeat the blasphemous words of the defendant from the fact that the agent informed Moshe regarding Dasan and Aviram’s words; they were involved in an argument and it would be permitted for anyone to speak about them?

Gilyon Hashas answers: The reason why the Yerushalmi permits one to talk about people stirring a dispute is only if it is for the sake of quieting the argument; it is obvious that it is forbidden to talk about them if the intention is to arouse more strife. The agent who told over to Moshe the offensive words of Dasan and Aviram was causing the quarrel to become stronger and therefore it would have been forbidden to repeat if not for the fact that there is a special permission granted to an emissary from Beis Din.

The Ritva explains that the reason for this authorization is because people will become careful not to insult Beis Din and to refrain from saying disparaging remarks regarding the Beis Din.