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5769

Shidduchim and Loshon Hora


Written by the rabbi


This is one of the weeks when those in Eretz Yisrael and those in Chutz LaAretz are still reading different parshiyos, so choosing a halachic topic that applies to both is not always easy, but nevertheless doable. Discussing the laws of loshon hora and machlokes are germane to both parshiyos and this particular aspect of these shaylos is often not well understood.

How should one ask and answer shidduch- related questions?

Question #1: "Someone called me inquiring about a neighbor for shidduchim purposes. From years of dealing with this boy, I know that his midos could use some polishing. What should I say?"

Question #2: Yaakov* calls to find out about a neighborhood girl, Rochel. She is one of the most wonderful people walking the face of the earth, and you would love to see her happily married; Yaakov sounds like a real mensch. However, her father, Mr. Weiss, is one of the most dishonest people you have ever met. Do you say anything to Yaakov about Rochels father?

* With the exception of this story, all other stories in this article are actual situations, but I have changed the names.

Deciding what information to share about shidduchim often requires the wisdom of Solomon and the halachic prowess of Rav Moshe Feinstein. On the one hand, we want to assist people to find their proper zivug, while at the same time, we need to avoid transgressing any laws of speech, and imparting information that harms someone constitutes loshon hora (Rambam, Hilchos Deios 7:5). This is true even if the information does not imply that he/she did anything wrong, such as mentioning that someone is in debt. While there is nothing evil about owing money, it is loshon hora to share this information since the debtor may now find it difficult to borrow a necessary business loan, or have difficulty finding a partner for a commercial endeavor (Chofetz Chayim, end of Hilchos Rechilus, tziyur 2).

Similarly, telling people that one store tends to be expensive often involves the prohibition of loshon hora (Nesiv Chayim, Hilchos Rechilus, 9:8). A storekeeper is permitted to charge a little more than his competitor does simply because his overhead costs are greater. Therefore, I may be affecting his halachically-permitted livelihood when I report to others that they can get a better deal elsewhere. Although my motivation to save someone money is noble, it is misplaced to do so at the expense of the other Jew who needs to make a living. (There are circumstances when I may tell someone that he/she can get a better deal elsewhere, such as when the person I am advising is a family member or close friend, or the overcharge is unreasonable; I will need to discuss this subject at a different time.)

On the other hand, if someone asks me for advice, I am required to advise him/her to the best of my ability (Rambam, Hil. Rotzayach 12:14; Shaarei Teshuvah 3:54). Providing good advice fulfills two different mitzvahs: First, it is a positive implementation of the mitzvah of lifnei iveir, to not place a stumbling block before the blind. Just as the Torah prohibits giving bad advice and terms it misleading someone who is "blind" in this matter, providing good advice fulfills this mitzvah since I am helping someone in a matter in which he lacks clarity (see Sefer HaMitzvos, Lo Saaseh #299). In addition, providing good advice fulfills the mitzvah of veahavta lereiacha kamocha, love your neighbor as yourself.

Translating these issues as they relate to shidduchim, someone who shares information inappropriately and nixes a potentially good shidduch could violate the laws of loshon hora because it causes someone harm. On the other hand, providing accurate and appropriate information about shidduchim fulfills the mitzvahs of giving good advice, and covering up negative information that one should tell may violate lo saamod al dam reiecha, Do not stand by idly when your neighbor is endangered (Vayikra 19:16). Furthermore, not only is it permitted to investigate a potential shidduch, but also one is required to research that the potential marriage partner has no issues that could disrupt married life (see Rabbeinu Yonah, Avos 1:7; Chofetz Chayim, Hil. Loshon Hora 4:11, based on Rashi to Shavuos 39b). Thus, I fulfill a third mitzvah by providing halachically appropriate information for a potential shidduch since I am assisting someone to perform his or her necessary research.

So when should I provide negative information and when may I not? Answering shidduch inquiries is a difficult balancing act. One is responsible to see that someone entertaining a shidduch has all the information that he or she needs, while on the other hand, one must be careful not to provide superfluous negative information.

The answers to these questions vary according to circumstances and this article does not substitute for asking a rav a specific shaylah. Nevertheless, it will provide basic guidelines. As a starting point, we need to clarify several important details:

I. Do you know the parties involved? Do you know whether this is an appropriate shidduch for this person?

II. Would everyone consider the negative information to be important, or would it depend on the individual?

III. Do you know the caller? Do you know what his/her standards are?

Let us analyze these possibilities and see how the halacha applies in each situation. Again the major rule is: Am I supplying information that they will use to decide whether to pursue this shidduch, or am I supplying negative information that has no purpose.

NO TACHLIS

Do you know whether this is an appropriate shidduch?

Consider the following case:

Leahs parents, who are looking for a working man, ask you about Levi who wants to study in kollel for several years. Before sharing any personal information, first find out whether this shidduch would be considered by both sides. Otherwise, one may be sharing loshon hora without any purpose since the shidduch is in any case out of the question. Instead of giving information, simply point out that their life plans are very different. If the two sides want to consider the shidduch anyway, then proceed by providing important information, even if it is potentially negative, as I will explain.

The same is true if the two families would not be interested in a match because of radically different family backgrounds, styles of Yiddishkeit, or age.

Example: You are called to provide information about a neighbor, a fine family, but with some negatives. Before providing this information, first see if the shidduch makes sense: For example, if the caller is looking only for a litvisha family, and the neighbor is chassidish and would only entertain a chassidisha shidduch, then the shidduch would not be considered anyway and you have told loshon hora without any purpose.

HIGHLY NEGATIVE FACTS
When the negative information will certainly cause the other party to reject this shidduch, it is better to simply convince the caller that the match is inappropriate without being more specific. This is a situation in which one should perhaps be vague and say that you just do not think the shidduch will work. Many specific cases require further rabbinic guidance to clarify whether or not one is required to reveal the information.

If you cannot derail the shidduch without being specific, and you are aware of negative information that would concern most people, then you must reveal it because of the halacha of lo saamod al dam reiecha. Examples of such situations include: knowledge that someone cannot have children (Shu"t Tzitz Eliezer 16:4), of a medical condition that concerns most people, or of a history of violent behavior. This information can and should be shared. Similarly, one must reveal information about someone whose observance level is not what it is purported to be (see Sefer Chassidim #507; Shu"t Panim Meiros 1:35).

When the halacha requires or permits revealing negative information, several other factors must be kept in mind. One should only share information that one knows personally and not repeat what one heard from others. (If one has strong evidence of a serious problem, one can suggest that they contact someone who has first-hand knowledge of the situation.) In addition, one must be careful not to exaggerate. Furthermore, ones sole purpose in sharing the information must be out of motivation to advise the inquirers and not because one is angry or dislikes the person. In addition, one should only say the negatives if there is no other way to accomplish what one needs to (Chofetz Chayim, Hilchos Loshon Hora 10:2).

WHAT NOT TO TELL
Must one reveal every liability? No! The Chofetz Chayim distinguishes between someone who is ill and someone who is weak; the former being information one should reveal and the latter being information that one should not (Beer Mayim Chayim, Hilchos Rechilus 9:8). Contemporary authors discuss which medical conditions are concerned "illnesses" or merely "weaknesses." For example, poskim consider diabetes to be an illness, whereas hay fever would usually qualify as a "weakness."

By the way, I noted in a previous article that the person himself is required to reveal if he has a serious medical issue, but does not need to do so before the two parties have become well acquainted, and they certainly have no requirement or reason to tell a shadchan. A third party being asked may also be governed by the same rules and should discuss this question and its details with a halachic authority.

KNOW NOTHING
At this stage, let us examine the third question I raised above: "I received a call inquiring about a neighbor for shidduchim purposes. From years of dealing with this boy, I know that he does not have the most polished midos. What am I supposed to say?"

Let us assume you receive a cold call inquiring about a neighbor about whom you have both positive and negative information and observations. In most instances, the liabilities one knows about a neighbor are relative: Even if you know that he/she has a temper that makes you uncomfortable, or that he/she is not particularly reliable or punctual, you have no idea what are the standards of the caller or the party for whom he/she is researching concerning these issues. The main issue you need to know is the standards of the caller. If you do not know the person who is calling, and are unable to quickly ascertain their standards, you should say only positive things about the neighbor.

A neighbor's unbecoming details may be detrimental to one person and advantageous to another. It might indeed be that the caller or the potential bashert would consider your neighbor to be very reliable or would not be concerned about the degree of anger that your neighbor possesses. You might be nixing what could have been a potentially good shidduch. Therefore, if the neighbor does not have the degree of anger problem that would alarm anyone considering a shidduch with him or her, one should not reveal this information without knowing the calling party. After all, it may be that your neighbor is a very appropriate shidduch choice for the caller.

An example is in order: Zahavah follows an approach to tzniyus that is common in many frum circles, but does not conform to how Sheina thinks one should dress. If someone Sheina does not know asks her about Zahavah, she should refrain from commenting on Zahavahs mode of dress. If the caller asks her directly whether Zahavah dresses tzniyusly, Sheina should answer that she does, since she has no idea what the caller means by that question.

I personally know of a proposed shidduch where the couple did not meet because someone did not know this halacha. Daniella told the caller that she felt her former classmates standard was not that of a model Beis Yaakov girl. Although the classmates dress code did not meet Daniellas, it was probably adequate for the family and young man who asked. However, because of the answer they received, the family assumed that the girls standards were way below theirs and would not consider the shidduch, notwithstanding that the standards on both sides were the same. To the best of my knowledge, both parties are still single, and several people who know both of them feel that their personalities are unusually well suited. However, his family will not consider this girl for their yarei shamayim son, and no one can convince them otherwise. As the expression goes, you do not get a second chance to make a first impression.

In this instance, Daniella violated the laws of both loshon hora and of motzi shem ra, relating disparaging, false information. She violated loshon hora, because she supplied unnecessary information that is harmful to the other person, and motzi shem ra because they were left with a false negative impression.

A LITTLE KNOWLEDGE
All of this changes if the caller clarifies what she meant in her question, and it is a standard that Zahavah or the classmate does not follow. In this instance, the question should be answered fully and correctly now that it is clear comprehends what the caller meant.

DOES HE "KNOW HOW TO LEARN?"
Similarly, if someone you do not know asks whether someone "knows how to learn," one should answer affirmatively unless the person has little or no learning background. The rule here is, does the man have enough learning background that someone would say that he "knows how to learn." As long as he meets this minimal standard, one should answer affirmatively until one knows what the callers definition and frame of reference is.

SELF-DEPRECATING
There is one other situation where personal or potentially negative information can be told - one may relate any information that you have heard the person say about himself or herself in public (Rashi, Arachin 16a). Similarly, it is permitted to relate something about a person that he/she does publicly. Thus, one may tell whether someone dresses stylishly or not, or that someone does or does not wear a hat when walking through the street. In all of these instances, ones motivation should be pure - that is simply to clarify to the person whether this is an appropriate shidduch or not.

A very common case is someone who is not of an observant background. If the person freely says in public that he/she is a baal teshuvah or of a non-observant family, one may tell a potential shidduch this information. However, if the information is not readily known, one should not reveal this information unless one knows that the shidduch makes sense.

HOW TO ASK
At this point, it is appropriate to explain how to ask about shidduch information when you need to call someone that you do not know. First, tell the other person whom you are and for what type of person you are inquiring before asking them for specific information. This way, the other party has some background to understand the context of the questions. Usually, the more specific your questions, the more accurately the other person will understand your standards and thereby be able to provide the information you seek.

KABBALAS LOSHON HORA
It is important to realize that although one may ask whatever one needs to about a potential shidduch, and may decide to pass up a shidduch based on the information received, one should not assume that any negative information received is absolutely true. The halacha of kabbalas loshon hora, accepting loshon hora, requires one to assume that there may have been a misunderstanding or to interpret some other justification for the persons actions or attributes.

As mentioned earlier, answering shidduch inquiries is a difficult balancing act. We should all daven for Hashems help to fulfill this tremendous mitzvah correctly and to be able to assist those who need shidduchim to swiftly find their bashert.

This Shiur is published also at Rabbi Kaganof's site


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