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Speech Laws

Speech is a divine gift that sets humanity apart from other creations. The ability to communicate is not merely a tool but a representation of the Divine aspect within us. This guide seeks to clarify the boundaries and responsibilities that come with this gift, based on the authoritative Halachic sources, namely the Torah, Mishnah, Mishneh Torah, and Shulchan Aruch.

Section 1: The Importance of Guarding One's Speech

  1. Introduction: Guarding one's speech is a fundamental aspect of Jewish life. It reflects the purity of one's soul and brings one closer to HaShem. Not only does it have implications for this world, but it also affects one's standing in the World to Come (Olam HaBa).
  • Sources: Chofetz Chaim, Introduction; Mishneh Torah, Hilchot Deot, Chapter 2
  1. The Power of Speech: Speech has the ability to build worlds but also to destroy them. Thus, the Torah warns against misuse of this potent force. One must exercise extreme caution in the words that are spoken, the tone used, and the intentions behind them.
  • Sources: Pirkei Avot 1:11; Mishneh Torah, Hilchot Deot, Chapter 2

Section 2: Types of Forbidden Speech

  1. Lashon Hara: Speaking ill of another Jew is strictly prohibited, even if the statement is true. One must avoid speaking Lashon Hara both in public and in private.
  • Sources: Leviticus 19:16; Chofetz Chaim, Hilchot Lashon Hara 2:1; Shulchan Aruch, Choshen Mishpat 19:1
  1. Rechilut: Sharing information that may cause animosity between others is also forbidden. One should refrain from telling people what others have said about them, whether favorable or not.
  • Sources: Chofetz Chaim, Hilchot Rechilut 1; Shulchan Aruch, Choshen Mishpat 19:1

Section 3: Ona'at Devarim – Harmful Speech

  1. Definition: Ona'at Devarim refers to hurting others with words. This includes mockery, insults, and sarcasm. The Torah warns against oppressing others through speech.

    • Sources: Leviticus 25:17; Mishneh Torah, Hilchot Mechirah 14:18; Shulchan Aruch, Choshen Mishpat 228:1

  2. Emotional Harm: One must avoid causing emotional distress through speech. This holds true even if the person in question is not present or not aware that they are being discussed.

    • Sources: Shulchan Aruch, Choshen Mishpat 228:1; Chofetz Chaim, Klal 3, Hilchot Ona'at Devarim

Section 4: Motzi Shem Ra – Defamation

  1. Definition: Motzi Shem Ra involves making false allegations about others. This is a severe offense and comes under the category of bearing false witness.

    • Sources: Deuteronomy 5:17; Shulchan Aruch, Choshen Mishpat 228:4; Mishneh Torah, Hilchot Edut 18

  2. Ramifications: Accusing someone falsely not only tarnishes their reputation but can also have legal implications. In the eyes of Halacha, it is a grave sin, and the perpetrator must seek teshuva (repentance) and make amends.

    • Sources: Mishneh Torah, Hilchot Teshuva 1:1; Shulchan Aruch, Choshen Mishpat 228:4

Section 5: Geneivat Da'at – Deceptive Speech

  1. Definition: Geneivat Da'at means deceiving someone, essentially "stealing their mind." This includes making false promises or creating a false impression.

    • Sources: Mishneh Torah, Hilchot Geneivah 7:1; Shulchan Aruch, Choshen Mishpat 228:6

  2. Transparency: It is a mitzvah to be honest and transparent in speech. Concealing information that should be disclosed is also considered a form of Geneivat Da'at.

    • Sources: Mishneh Torah, Hilchot Mechirah 18:1; Shulchan Aruch, Choshen Mishpat 228:6

Section 6: Truth and Falsehood

  1. Importance of Truth: The Torah underscores the importance of truth (Emet) by declaring that HaShem Himself is truth. Upholding truth is not just an ideal but a commandment.
  • Sources: Exodus 23:7; Mishneh Torah, Hilchot Deot 2:6; Shulchan Aruch, Choshen Mishpat 262:21
  1. Avoiding Falsehood: Bearing false witness or lying is strictly prohibited. One should refrain from even white lies, except in cases that prevent harm or promote peace.
  • Sources: Exodus 20:13; Mishneh Torah, Hilchot Edut 1:1; Shulchan Aruch, Choshen Mishpat 28:3

Section 7: Silence as a Virtue

  1. When to Speak and When to Remain Silent: The sages teach that sometimes the best thing one can say is nothing at all. Silence is often more powerful than speech, and in certain situations, it is the most righteous course of action.
  • Sources: Pirkei Avot 1:17; Mishneh Torah, Hilchot Deot 2:3
  1. Consequences of Excessive Speech: Excessive talking can lead to sin. Therefore, one should always measure their words carefully.
  • Sources: Pirkei Avot 1:11; Shulchan Aruch, Orach Chaim 307:1

Section 8: Talking About HaShem and Sacred Matters

  1. Utmost Care and Respect: When speaking about divine matters or quoting Torah, one must exercise the utmost care. Not only should the words be accurate, but the intent should be pure.
  • Sources: Mishneh Torah, Hilchot Yesodei HaTorah 6:1; Shulchan Aruch, Yoreh Deah 246:21
  1. Avoiding Blasphemy: God's name should only be uttered in contexts of prayer, study, or blessing. Any form of blasphemy is a grave sin.
  • Sources: Leviticus 24:16; Mishneh Torah, Hilchot Avodah Zarah 2:7; Shulchan Aruch, Yoreh Deah 276:9

Section 9: Speech During Prayer

  1. Focus and Intention: When engaged in prayer (Tefillah), one should direct their speech and thoughts towards HaShem with utmost concentration (Kavanah). This elevates the act of speaking into a form of divine service.
  • Sources: Mishneh Torah, Hilchot Tefilah 4:1; Shulchan Aruch, Orach Chaim 98:1
  1. Appropriate Language: Use refined and respectful language when addressing HaShem. Colloquialisms and slang are considered inappropriate.
  • Sources: Mishneh Torah, Hilchot Tefilah 4:15; Shulchan Aruch, Orach Chaim 98:4

Section 10: Speech in Torah Study

  1. Respect for Texts: When discussing Torah subjects, one should refer to the texts and the sages with respect, acknowledging the deep wisdom contained within.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 1:6; Shulchan Aruch, Yoreh Deah 242:1
  1. Importance of Questioning: One mustn't refrain from asking questions or challenging ideas in the pursuit of Torah knowledge. This, too, is a form of holy speech.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 1:11; Shulchan Aruch, Yoreh Deah 246:6

Section 11: Conversations on Shabbat

  1. Restrictions: Conversations on Shabbat should steer clear of mundane topics, especially those related to work or commerce.
  • Sources: Mishneh Torah, Hilchot Shabbat 24:1; Shulchan Aruch, Orach Chaim 307:1
  1. Elevated Speech: The Shabbat is a time to elevate one's speech, focusing on spiritual and Torah-related topics that bring one closer to HaShem.
  • Sources: Mishneh Torah, Hilchot Shabbat 30:9; Shulchan Aruch, Orach Chaim 290:1

Section 12: Speech in Business and Commerce

  1. Honesty is Imperative: When engaged in any form of business, one should be transparent, honest, and maintain integrity in speech and action.

    • Sources: Mishneh Torah, Hilchot Mechirah 18:1; Shulchan Aruch, Choshen Mishpat 228:4

  2. Verbal Agreements: While the Halacha acknowledges verbal commitments, it is advisable to formalize all transactions to avoid misunderstandings and conflicts.

    • Sources: Mishneh Torah, Hilchot Mechirah 4:2; Shulchan Aruch, Choshen Mishpat 189:1

Section 13: Speech and the Family

  1. Honoring Parents: Speech towards one's parents should always be respectful, honoring them as commanded by the Torah.

    • Sources: Exodus 20:12; Mishneh Torah, Hilchot Mamrim 5:10; Shulchan Aruch, Yoreh Deah 240:2

  2. Marital Harmony: Both spouses should use their speech to support and uplift each other, avoiding any form of disparaging or harmful language.

    • Sources: Mishneh Torah, Hilchot Ishut 15:19; Shulchan Aruch, Even HaEzer 76:5

Section 14: Speech with Non-Jews

  1. Universal Ethical Conduct: The same laws and ethical considerations regarding speech that apply to interactions among Jews extend to dealings with non-Jews as well.

    • Sources: Mishneh Torah, Hilchot Deot 2:3; Shulchan Aruch, Choshen Mishpat 348:1

  2. Kiddush HaShem: Speech should also be used as a vehicle for sanctifying HaShem’s name in the eyes of the non-Jewish world.

    • Sources: Mishneh Torah, Hilchot Yesodei Hatorah 5:10; Shulchan Aruch, Orach Chaim 306:12

Section 15: Speech in Times of Sorrow and Joy

  1. Condolences and Comfort: In times of sorrow, such as during a Shiva, one's speech should offer comfort without intruding upon the mourner’s grief.
  • Sources: Mishneh Torah, Hilchot Avel 13:12; Shulchan Aruch, Yoreh Deah 376:1
  1. Celebratory Speech: During occasions of joy such as weddings and Bar Mitzvahs, speech should be uplifting and conducive to a positive atmosphere, acknowledging the sanctity of the occasion.
  • Sources: Mishneh Torah, Hilchot Ishut 10:12; Shulchan Aruch, Even HaEzer 62:4

Section 16: Speech in Conflict Resolution

  1. Peaceful Words: In cases of disagreement or conflict, speech should be employed as a tool for peaceful resolution and not as a weapon to harm.
  • Sources: Mishneh Torah, Hilchot Deot 6:7; Shulchan Aruch, Choshen Mishpat 12:2
  1. Avoiding Strife: The Torah cautions against speech that sows discord among people. Therefore, one must be careful to use words that promote unity and understanding.
  • Sources: Proverbs 6:19; Mishneh Torah, Hilchot Deot 7:5; Shulchan Aruch, Choshen Mishpat 156:5

Section 17: Speech and Personal Growth

  1. Self-Reflection: One should regularly engage in introspection, employing speech in personal prayers (Tefillah) and discussions aimed at personal growth.
  • Sources: Mishneh Torah, Hilchot Teshuva 2:1; Shulchan Aruch, Orach Chaim 1:1
  1. Words of Encouragement: Whether it is self-talk or speaking to others, words should be used to inspire and uplift, fostering a closer relationship with HaShem.
  • Sources: Mishneh Torah, Hilchot Deot 2:2; Shulchan Aruch, Orach Chaim 231:2

Section 18: Speech and Social Media

  1. Digital Words: The same Halachic principles that govern oral speech also apply to written words, especially in digital formats like social media.
  • Sources: Mishneh Torah, Hilchot Deot 2:3; Shulchan Aruch, Choshen Mishpat 228:1
  1. Guarding One's Tongue Online: Extra caution should be exercised to avoid Lashon Hara, Rechilut, or any form of derogatory speech in online interactions.
  • Sources: Chafetz Chaim, Hilchot Lashon Hara 1:7; Shulchan Aruch, Choshen Mishpat 19:1

Section 19: Speech in the Presence of a Torah Scroll

  1. Reverence and Silence: When a Sefer Torah is being read, one must listen attentively and avoid speaking.
  • Sources: Mishneh Torah, Hilchot Tefilah 12:3; Shulchan Aruch, Orach Chaim 146:1
  1. Appropriate Responses: Certain parts of the Torah reading require vocal responses from the congregation. One should be aware of these and participate accordingly.
  • Sources: Mishneh Torah, Hilchot Tefilah 13:6; Shulchan Aruch, Orach Chaim 206:3

Section 20: Speech and Halachic Inquiry

  1. Posing Questions: When in doubt about a Halachic matter, one should not hesitate to ask a competent Halachic authority and should articulate the question clearly.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 4:1; Shulchan Aruch, Yoreh Deah 242:31
  1. Receiving Halachic Rulings: Upon receiving a Halachic ruling, one should accept it respectfully, recognizing the authority and scholarship behind it.
  • Sources: Mishneh Torah, Hilchot Mamrim 1:5; Shulchan Aruch, Yoreh Deah 242:9

Section 21: Speech in Learning and Teaching

  1. Respectful Dialogue in Study: When engaged in the study of Torah, speech should be used respectfully, valuing the opinions of others and pursuing the truth.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 4:5; Shulchan Aruch, Yoreh Deah 246:18
  1. Encouragement in Education: Teachers should use speech to encourage students, guiding them through the complexities of Torah and Jewish thought.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 2:2; Shulchan Aruch, Yoreh Deah 246:11

Section 22: Speech and Community Involvement

  1. Promoting Community Welfare: One should use speech constructively to promote the welfare and unity of the community.
  • Sources: Mishneh Torah, Hilchot Deot 6:3; Shulchan Aruch, Choshen Mishpat 163:3
  1. Prayer for the Community: Collective prayer (Tefillah Betzibur) is highly valued, and one should aim to pray in a Minyan, where the power of communal speech is elevated.
  • Sources: Mishneh Torah, Hilchot Tefilah 8:1; Shulchan Aruch, Orach Chaim 90:9

Section 23: Speech and the Nonverbal

  1. Body Language: Nonverbal cues often accompany speech and should be aligned with the content and intent of what is being said.
  • Sources: Mishneh Torah, Hilchot Deot 5:10; Shulchan Aruch, Orach Chaim 5:1
  1. Silence as Speech: At times, silence can be more powerful than speech, and the Halacha recognizes instances where silence is the preferred form of communication.
  • Sources: Mishneh Torah, Hilchot Deot 2:4; Shulchan Aruch, Orach Chaim 61:15

Section 24: Speech and Business Transactions

  1. Truthful Dealings: In business transactions, one's speech must adhere to the Halachic principles of honesty and integrity.
  • Sources: Mishneh Torah, Hilchot Mechirah 18:1; Shulchan Aruch, Choshen Mishpat 204:7
  1. Clear Agreements: Contracts and agreements should be articulated clearly to avoid misunderstandings and disputes.
  • Sources: Mishneh Torah, Hilchot Mechirah 29:11; Shulchan Aruch, Choshen Mishpat 61:2

Section 25: Speech and Leadership

  1. Responsibility in Leadership: Leaders within the community must use speech responsibly, taking into account the impact of their words on the community.
  • Sources: Mishneh Torah, Hilchot Melachim 1:5; Shulchan Aruch, Choshen Mishpat 156:3
  1. Public Address: When addressing the public, the speech should aim for clarity, relevance, and should align with Halachic and ethical principles.
  • Sources: Mishneh Torah, Hilchot Deot 6:8; Shulchan Aruch, Orach Chaim 53:16

Section 26: Speech in Legal Settings

  1. Testimony: When acting as a witness, one is obligated to speak truthfully and in accordance with Halachic guidelines for testimony.
  • Sources: Mishneh Torah, Hilchot Edut 17:2; Shulchan Aruch, Choshen Mishpat 28:1
  1. Courtroom Etiquette: In a Bet Din or similar Halachic judicial settings, speech must be respectful and adhere to the prescribed procedural norms.
  • Sources: Mishneh Torah, Hilchot Sanhedrin 21:4; Shulchan Aruch, Choshen Mishpat 12:1

Section 27: Speech and Prayer

  1. Concentration in Prayer: While reciting prayers, one should concentrate and articulate the words clearly to establish a deep connection with HaShem.
  • Sources: Mishneh Torah, Hilchot Tefilah 4:16; Shulchan Aruch, Orach Chaim 98:1
  1. Prayer in Times of Need: One should turn to prayer in times of need, using speech to articulate personal requests and gratitude to HaShem.
  • Sources: Mishneh Torah, Hilchot Tefilah 2:2; Shulchan Aruch, Orach Chaim 230:4

Section 28: Speech in Family Settings

  1. Spousal Communication: Open and respectful communication is essential in marriage, and spouses should avoid hurtful or derogatory speech.
  • Sources: Mishneh Torah, Hilchot Ishut 15:19; Shulchan Aruch, Even HaEzer 79:1
  1. Parent-Child Dialogue: Parents should strive to use speech in a way that educates and nurtures their children.
  • Sources: Mishneh Torah, Hilchot Deot 6:7; Shulchan Aruch, Yoreh Deah 240:20

Section 29: Speech and the Elderly

  1. Respectful Address: Older individuals should be addressed with a level of respect and dignity befitting their age.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 6:1; Shulchan Aruch, Yoreh Deah 244:1
  1. Elderly Wisdom: When an elderly individual speaks, one should listen attentively, considering the years of experience and wisdom behind their words.
  • Sources: Mishneh Torah, Hilchot Talmud Torah 6:1; Shulchan Aruch, Yoreh Deah 244:1

This concludes the first unrevised version of this abridged set of Jewish laws focusing on speech. It seeks to offer a comprehensive guide, both for individuals and communities, to better understand and implement the Halachic and ethical guidelines governing the use of speech in various facets of life.