Question: Do you violate lashon ha’ra if you speak negatively about a non-Jew?
Short Answer: While the exact nature of any potential prohibition is disputed by the poskim, many agree that one should not speak negatively about a non-Jew.
Explanation:
I. R’chilus On Amecha
One of the sources for the prohibition is the pasuk (Vayikra 19:16) of “lo seileich rachil b’amecha,” which applies to lashon ha’ra in addition to r’chilus. The sefer Eimek HaLashon (Rav Reuven Schwartz, siman 6) notes that the simple read of the pasuk implies that this prohibition is limited to speaking about “amecha” – members of your fellow nation, i.e., the B’nei Yisrael. Indeed, the Eimek HaLashon cites the Targum Yerushalmi on the pasuk, who explains the word “amecha” as “chavreichun” – your friends – which further supports this opinion that the prohibition is limited to speaking about a Jew. Moreover, the Rambam (Hilchos Dei’os 7:1), when discussing the nature of r’chilus, writes “ha’m’rageil l’chaveiro,” implying that lashon ha’ra applies only when speaking about a Jew.
The Ramban on the pasuk explains “amecha” differently. The Ramban translates “rachil b’amecha” to mean “traveling salesmen” who make their rounds amongst the nation (and speak about others in the process). The Ramban, according to the Eimek HaLashon, would possibly be open to the possibility that the prohibition applies to speaking about non-Jews, as well.
II. Broad Application
The pasuk (T’hilim 50:20) states that “Teisheiv b’achicha t’dabeir, b’ven imcha titein dofi” – that “You sit and talk negatively about your brother; you slander your mother’s son.” The Midrash (Ki Seitzei 6:9), in connection with the commandment to remember about the episode of Miriam and her lashon ha’ra (Parshas B’Haaloscha), states that the pasuk in T’hilim means that one who speaks negatively about his brother who is not from his nation (“amecha”), will eventually come to speak negatively about his brother from his nation.
The Radal (on the above midrash) elaborates that we see this idea as well in Midrash Tanchuma (P’kudei 7) from the B’nei Yisrael themselves, who spoke negatively about the Edomites who did not let the B’nei Yisrael pass through their land. Subsequently, the B’nei Yisrael spoke negatively about Hashem and Moshe. Thus, writes the Radal, it is “forbidden” to speak negatively about a non-Jew. Of course, if there is a purpose in doing so, the lashon ha’ra might be permitted, as is the case with talking about a Jew. This explains, according to the Radal, why Rabbi Shimon bar Yochai spoke negatively about the Romans (see Gemara Shabbos 33b). The Radal also notes that the Gemara (Megillah 24b) only permits making fun of idols, not a regular non-Jew.
Importantly, the Rosh (Orchos Chayim, Yom 5, Perek 3) also writes that one should not speak lashon ha’ra on any creature (“biryah”). Rav Chaim Kanievsky (in Siach HaSadeh) cites the above midrash as the source of this ruling.
III. Downplaying The Midrash
The Eimek HaLashon, however, cites the Netziv (Haameik Sh’eilah, sh’ilta 28), who interprets that above midrash as referring to a convert. Accordingly, this midrash is not the source of any prohibition to speak lashon ha’ra on a non-Jew.
Additionally, many poskim note that even the midrash does not mean that there is an actual d’Oraisa prohibition of lashon ha’ra when speaking about a non-Jew, especially where the pasuk writes “amecha.” Rather, as Rav Chaim Kanievsky writes in Siach HaSadeh, it is perhaps only a d’Rabbanan violation. Indeed, the sefer Alei B’eir (p. 70) understands the midrash as simply giving a guidepost on how to avoid lashon ha’ra about a Jew.
Indeed, the sefer Shaarei Avraham (p. 351) notes that the prohibition is similar to what the Igros Moshe (Yoreh Dei’ah 2:103) writes about a teacher asking a child in the class about another child. While it is permitted, it cheapens the prohibition of negative speech in the eyes of the child, and thus should ideally not be done. In fact, the Shaarei Avraham notes that for this reason, Rav Sroya Deblitzky had a sign on his office door that said: “No one should speak inside here anything about any other individual.”
IV. The Chofetz Chaim’s Opinion
The Chofetz Chaim appears to rule that there is no prohibition to speak lashon ha’ra about a non-Jew. Specifically, the Eimek HaLashon (ibid) notes that the Chofetz Chaim (Lashon HaRa, klal 3, B”MC 7) writes that one should not speak negatively about his “friend.” Additionally, the sefer Dor HaM’laktim (Issur V’Heter 4, p. 364) highlights two additional places (Lashon HaRa, klal 1:6 and klal 8:4) where the Chofetz Chaim refers to lashon ha’ra as “speaking negatively about another Yisrael.”
Moreover, the Chofetz Chaim (Lashon HaRa, klal 8:5) writes that it is a mitzvah to mock an apikores (heretic). Interestingly, the Eimek HaLashon proves from here that the Chofetz Chaim holds like the Chazon Ish (cited therein) that it is prohibited to speak negatively about non-frum Jews, as they are not heretics.
V. Practically Speaking
The contemporary poskim are divided on this issue.
On one hand, some poskim, including the Chut Shani (Sh’miras HaLashon, p. 357), Rav Chaim Kanievsky (cited in Dor HaM’laktim), and the B’Marei HaBazak (4:74) rule that lashon ha’ra about a non-Jew is forbidden, albeit only d’Rabbanan or as a precaution from speaking lashon ha’ra on a Jew.
On the other hand, others rule that it is permitted, including Rav Avigdor Nebenzahl (Kovetz Mah Tovu Ohalecha, Vol. 19, p. 279). In fact, the Mishneh Halachos (in his sefer on Orchos Chayim) vehemently disagrees with the Radal’s interpretation of the midrash. He writes that the Medrash implies just the opposite because the midrash brings the example of speaking lashon ha’ra on Eisav, and of course it is permitted to speak negatively about (and even curse) such a wicked person. He thus interprets the Orchos Chayim as referring to “eitzim v’avanim” and other inanimate objects, as well as animals. But, it is permitted to speak lashon ha’ra about a non-Jew.
The Az Nidb’ru (14:69) brings a proof to the Mishneh Halachos’ interpretation of the Orchos Chayim from the Chovos HaL’vavos who tells of a pious man who was walking with his talmidim. When they saw a decaying corpse of a dog, the talmidim remarked how disgusting the dog was, but the pious man tells them that the “white teeth are beautiful.” This lesson of speaking properly is the message of the Orchos Chayim, not that there is any prohibition (even d’Rabbanan) to speak negatively about a non-Jew. Nevertheless, the Az Nidb’ru concludes that one should not speak negatively about a non-Jew because of “darchei shalom.”
The Dor M’laktim writes that when he once asked Rav Yosef Shalom Elyashiv whether it was permitted to speak lashon ha’ra about a non-Jew, Rav Elyashiv replied in Yiddish that “Zu ken zuggen voz di vilt” (“you can say what you want”), i.e., it was permitted.
VI. Possible Explanation
Perhaps one way to understand this above machlokes is by looking at the reasons for the prohibition to speak lashon ha’ra on a Jew (see Article #1). If the reason is because it is a tort, it is not entirely clear whether this prohibition would apply equally to lashon ha’ra about a non-Jew. But, if the reason is because of midos, that you learn to speak properly, the subject of your lashon ha’ra is irrelevant and would likewise apply to evil speech about a non-Jew as well.
VII. Final Note
On a similar vein, the Chofetz Chaim (Lashon HaRa, klal 8:12) is clear that it is certainly forbidden to speak lashon ha’ra about another Jew to a non-Jew, as not only does this violate lashon ha’ra, but it can lead to terrible consequences, r”l. This is likewise codified in B’Marei HaBazak (ibid).
Rabbi Ephraim Glatt, Esq. is Associate Rabbi at the Young Israel of Kew Gardens Hills and a practicing litigation attorney. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
