THE SOURCE FOR BOSHES AND PEGAM
(If a virgin has relations Lo Kedarkah (unnaturally), she is not a proper virgin, but the penalty of Ones or Mefateh still applies (if she will be raped or enticed later), because the Besulim are intact.)
Answer #2 (R. Ze'ira): Rather, people would protest, if two men raped a girl, the first Lo Kedarkah, the second Kedarkah (normal relations), does the latter pay 50, just like one (Rashi; Tosfos - the first man) who raped a proper virgin?!
Objection: (Abaye): If so, they should similarly protest, does one pay 30 for a healthy slave, just like for a Muchas Shechin?!
Answer #3 (Abaye): (Regarding rape, it says) "Tachas Asher Inah" - the 50 Shekalim are for paining her, implying that there are other payments. (Even though this applies only to rape, a Gezeirah Shavah equates rape and enticement.)
Answer #4 (Rava): "V'Nasan ha'Ish ha'Shochev Imah... " teaches that he pays 50 just for the pleasure he had. This implies that there are also other payments.
THE SEVERITY OF MOTZI SHEM RA
(Mishnah): There are leniencies and stringencies of Motzi Shem Ra (a man who falsely claims that the girl he married was not a virgin):
Whether he was Motzi Shem Ra on the most prestigious Bas Kohen, or the lowliest Bas Yisrael, he pays 100 Shekalim.
We find that the punishment for speech (Motzi Shem Ra) is greater than for an act. (A rapist pays only 50).
Likewise, Bnei Yisrael sinned 10 times in the Midbar, the decree that they would not enter Eretz Yisrael was only due to Lashon ha'Ra (of the Meraglim, which Bnei Yisrael heeded) - "va'Yenasu Osi Zeh Eser Pe'amim."
(Gemara) Question: How do we know that the greater punishment for Motzi Shem Ra is because he sinned through speech? Perhaps it is because he tried to kill her - "v'Im Emes Hayah ha'Davar... v'Hotzi'u Es ha'Na'arah... " (and she is killed! Normally, we believe his claim. It is unreasonable that a man would seek a pretext to divorce his wife and avoid paying her full Kesuvah immediately after toiling to make a wedding feast! One of the few cases in which we do not believe (and therefore punish) him is if he brings witnesses who testify about her adultery, and they are proven to be false through Hazamah.)
Answer (Rava): "Ki Hotzi Shem Ra" - he is punished for his slander.
THE TEN TRIALS IN THE MIDBAR
(Mishnah): Likewise, the decree...
Question: How do we know that it was due to Lashon ha'Ra alone? Perhaps this "filled their Se'ah" (completed their guilt to the amount for which they were worthy to be punished)!
(Rav Hamnuna): "Bi'Melos Sifko Yetzer Lo" - Hash-m does not punish a person until his Se'ah is filled.
Answer (Reish Lakish): "Va'Ynasu Osi Zeh Eser Pe'amim" - they were punished for this sin.
(Beraisa - R. Eliezer ben Parta): From the Meraglim, we see the magnitude of Lashon ha'Ra:
They were punished so severely for speaking about wood and stones (Eretz Yisrael). All the more so, one who speaks about people will be punished severely!
Objection: Perhaps the Meraglim were punished so severely due to R. Chanina bar Papa's teaching!
(R. Chanina bar Papa): The Meraglim said a great blasphemy - "Ki Chazak Hu Mimenu" (the people of Eretz Yisrael are stronger than us). We explain "Mimenu" to mean "than Him," as if the Master cannot enter His own house! (Shitah Mekubetzes - we read this "mi'Yemino" (than His right hand).)
(Rava): Rather, we learn from "va'Yamus ha'Anashim Motzi'ei Dibas ha'Aretz" - they died due to Dibas ha'Aretz (Lashon ha'Ra).
(Beraisa - R. Yehudah): Bnei Yisrael angered Hash-m 10 times in the Midbar -- two at Keri'as Yam Suf, two due to a lack of water, two regarding the Man, two regarding the Slav (special fowl given in response to their complaint for meat), one at the Egel, and one in Paran (with the Meraglim).
Two were at Keri'as Yam Suf. Before the sea split, they complained "ha'Mibli Ein Kevarim b'Mitzrayim." After they left the sea, they sinned again (they doubted Hash-m's promise that they would not see the Mitzrim again);
(Rav Huna): The generation that left Mitzrayim had little Emunah.
(Rabah bar Mari): "Va'Yamru Al Yam b'Yam Suf va'Yoshi'em Lema'an Shemo" teaches that Yisrael rebelled at the time. They said 'just like we came up from the sea, the Mitzriyim will come up from another side.'
Hash-m told the Sar (angel) of the sea to spit the Mitzriyim onto the dry land.
The Sar: Does a Master give a gift to His slave, and take it back?! (I want the Mitzrim, they will be food for the fish!)
Hash-m: I will return to you one and a half times as much (Sisera's army, with 900 chariots. Paro's army had only 600 chariots.)
The Sar: A slave is too embarrassed to claim from his Master! (Perhaps You will have mercy on them and not give them to me.)
Hash-m: Nachal (the river) Kishon will be My guarantor.
The sea spit them up - "va'Yar Yisrael Es Mitzrayim Mes... "
Two (quarrels) were due to a lack of water, in Marah and Refidim;
"Va'Yavo'u Marasa v'Lo Yachlu Lishtos... va'Yilonu ha'Am Al Moshe";
"Va'Yachanu bi'Refidim v'Ein Mayim Lishtos... va'Yarev ha'Am Im Moshe."
Two were regarding the Man. They were told "Lo Timtza'uhu ba'Sadeh" (on Shabbos) and "Al Yaser" (perhaps these are the intended verses) yet some (Dasan and Aviram) looked for it on Shabbos and left over (during the week).
Two were regarding the Slav;
The first time Bnei Yisrael requested Slav (before they received manna), they complained (that it was better in Mitzrayim) - "b'Shivteinu Al Sir ha'Basar";
The second time, they requested out of lust - "veha'Safsuf Asher b'Kirbo (His'avu Ta'avah)."
It is clear that they angered Hash-m through the Egel and in Midbar Paran (the Meraglim).
THE SEVERITY OF LASHON HA'RA
Question (R. Yochanan): What do we learn from "Mah Yiten Lecha u'Mah Yosif Lach Lashon Remiyah"?
Answer: Hash-m told the tongue "all other limbs are erect, but you lie down. All other limbs are external, but you are internal;
Further, I put two walls in front of you, of bone (teeth) and flesh (the lips). What more safeguards must I put to stop you from speaking Lashon ha'Ra?!"
(R. Yochanan): Anyone who speaks Lashon ha'Ra is like one who is Kofer b'Ikar (denies Hash-m) - "Asher Amru li'Leshonenu Nagbir Sefaseinu Itanu Mi Adon Lanu."
(R. Yosi bar Zimra): Tzara'as comes upon one who speaks Lashon ha'Ra. It says "Melashni va'Seser Re'ehu Oso Atzmis," and the Targum of "la'Tzemisus" is "la'Chalutin";
(Mishnah): The only difference between a Musgar (quarantined) Metzora and a Muchlat (fully Tamei) is that the latter must tear his clothes and let his hair grow.
Question (Reish Lakish): Why does it say "Zos Tihyeh Toras ha'Metzora"? (Maharsha - it should have said "ha'Tzaru'a")!
Answer: This is the law of "MoTZi Shem Ra." (This usually refers to one who falsely claims that his bride was not a virgin, but here it refers to any slanderer.)
Question: What is the meaning of, "Im Yishoch ha'Nachash b'Lo Lachash v'Ein Yisron l'Va'al ha'Lashon"?
Answer (Reish Lakish): In the future, all the animals will gather and ask the snake 'lions are Dores (trample) and eat (immediately), wolves Toref (kill their prey) and eat. What benefit do you get from those you kill?
The snake: What benefit does one who speaks Lashon ha'Ra get?
(Reish Lakish): One who speaks Lashon ha'Ra accumulates sins up to Shamayim - "Shatu va'Shamayim Pihem u'Leshonam Tihalach ba'Aretz."
(Rav Chisda): It is fitting to stone one who speaks Lashon ha'Ra. It says "Oso Atzmis," like it says "Tzamsu va'Bor Chayai va'Yadu Even Bi."
Version #1 - (Rav Chisda): Hash-m says that He cannot live in a world with one who speaks Lashon ha'Ra - "Melashni va'Seser Re'ehu Oso Atzmis Gevah Einayim u'Rechav Levav Oso Lo Uchal";
We read this like "Ito Lo Uchal." (I cannot be with him.)
Version #2: Hash-m says that He cannot live in a world with haughty people. We read "Gevah Einayim u'Rechav Levav Oso Lo Uchal" as if it said "Ito." (end of Version #2)
(Rav Chisda): If one speaks Lashon ha'Ra, Hash-m tells the Sar of Gehinom 'I will judge him above, you judge him below' - "Chitzei Gibor Shenunim Im Gachalei Resamim";
"Chetz" refers to the tongue. "Gibor" is Hash-m, and "Gachalei Resamim" is Gehinom.
Question (Rav Chama bar Chanina): If one spoke Lashon ha'Ra, how can he correct this?
Answer #1 (Rav Chama bar Chanina): If he is a Chacham, he should learn Torah - "Marpei Lashon Etz Chayim." If he is an Am ha'Aretz, he should humble himself - "v'Selef Bah Shever b'Ru'ach."
Answer #2 (Rav Acha bar Chanina): If he already spoke Lashon ha'Ra, he cannot correct this. He already received Kares - "Yachres Hash-m Kol Sifsei Chalakos Lashon Medaberes Gedolos"!
Rather, to avoid speaking Lashon ha'Ra, a Chacham should learn Torah, and an Am ha'Aretz should humble himself. (Tzon Kodashim - also a Chacham must do so. Torah protects from sin only while one is learning.)
(Tana d'Vei R. Yishmael): One who speaks Lashon ha'Ra accumulates sins equal to three great transgressions - idolatry, Arayos and murder;
It says here "Lashon Medaberes Gedolos," and the three (other) great sins are also called "Gedolos"!
Suggestion: (The plural form "Gedolos" connotes two.) Perhaps he accumulates sins equal to only two of the three!
Rejection: There is no reason to exclude one of the three more than the others, therefore we learn all three.
(Chachamim of Eretz Yisrael): Lashon Tilsai kills three people - the speaker, the listener and the one spoken about. (Rashash - it is called "Tilsai" because it kills three. Rashi - it refers to talebearing, which arouses quarrels between two other people; Tosfos - it is third from the outside, for it has two guards (teeth and lips) in front of it; Maharsha - it is as great as the three transgressions.)
Question (Rav Chama bar Chanina): What is the meaning of "Maves v'Chayim b'Yad Lashon"?
Answer: The tongue can kill just like the hand.
Suggestion: Perhaps it can kill only near the victim, just like the hand!
Rejection: It says "Chetz Shachut Lashonam." (Arrows can kill from a distance.)
Suggestion: Perhaps it cannot kill more than 40 or 50 Amos way from the victim, just like arrows!
Rejection: "Shatu va'Shamayim Pihem u'Leshonam Tihalach ba'Aretz."
Question: Since Lashon ha'Ra goes up to Shamayim, why must the other verse compare it to arrows?
Answer: This teaches that it kills like arrows.
Question: Since we know that Lashon ha'Ra kills like arrows, why do we need "Maves v'Chayim b'Yad Lashon"?
Answer: This teaches like Rava taught;
(Rava): One who wants to live should use his tongue (to speak Divrei Torah). One who wants to die should use his tongue (for Lashon ha'Ra).
EXAMPLES OF LASHON HA'RA
Question: What is an example of Lashon ha'Ra?
Answer #1 (Rabah): It is Lashon ha'Ra to say "there is fire in Ploni's house." (This implies that they are gluttonous, and they are always cooking.)
Objection (Abaye): There is nothing wrong with that. He merely tells people where to find fire!
Answer #2 (Abaye): If one said in a derogatory way "where will you find fire, if not in Ploni's house?!", it is Lashon ha'Ra.
(Rabah): Anything said in front of the party discussed is not Lashon ha'Ra.
Objection (Abaye): All the more so it is forbidden. It is Lashon ha'Ra and impudence!
Answer (Rabah): I hold like R. Yosi;
(R. Yosi): I never said something and turned around to see if the one I spoke about was there. (I would say the same in front of him. Alternatively, I never retracted when the one I spoke about came. Maharsha - R. Yosi permits statements like, "there is fire in Ploni's house." Surely, if Ploni was there, it was said in a positive way (he is always feeding the poor). Maharal - when speaking in front of the party discussed, the primary transgression is arousing a quarrel. It is not called Lashon ha'Ra.)