Lesson #97: The Contract
A woman is walking down the street and happens to meet her neighbor, who is carrying a briefcase, looking like she’s off to work.
They exchange greetings, and then the woman turns to her neighbor and asks, “I thought you’re a stay-at-home mom… Are you now working?”
“Yes,” the neighbor replied. “Finances are a little tight, so I decided to go find a job to bring in some extra money.”
“So what do you do with your child?” the woman asks.
“I found this amazing babysitter,” the neighbor says, and proceeds to mention the name of the babysitter.
Hearing the babysitter’s name sets off loud alarms in the woman’s mind. She feels compelled to tell her neighbor about her bad experiences with this babysitter, who cared for her kids two years prior. She found her to be very incompetent, and that she did not manage the children well at all. Is she allowed to share her concerns with her neighbor, who had recently hired this babysitter?
The Halacha in this case depends on whether or not the woman had signed a contract with the babysitter, committing to a long-term arrangement. If no such commitment was made, then indeed, it would be permissible for the neighbor to tell this mother about her concerns – provided, of course, that she meets all the conditions for allowing constructive Lashon Ha’ra (for example, she does not exaggerate, speaks only the truth, has no inappropriate intentions, etc.). Since the women had not made any commitment, this information is constructive, and thus may be shared. If, however, a contract had been signed, and the mother and the babysitter have formally entered into a business relationship, it is questionable whether or not the neighbor may share information which could potentially break this relationship. The neighbor in this case must consult with a Rabbi - or perhaps even with a Bet Din – to receive Halachic guidance. Interfering with a contractual relationship is no simple matter, and may not be done without first consulting with a competent Halachic authority.
More generally, if somebody knows of two people who are considering doing business together, and he knows negative information about one of the parties which could affect the other party, he may approach the other party to share the relevant information. Since the contract had not yet been signed, this information is considered “Le’to’elet” (constructive), and thus may be shared. Once, however, the two parties signed the contract and have entered into a formal relationship, a person who knows relevant information about one of them may not divulge this information to the other without first consulting with a Halachic authority.
The Torah accords great significance to a bond that has been created between two individuals, and does not, under normal circumstances, allow doing anything to break this relationship – whether it’s a bond of marriage, or a formal business partnership. Therefore, if a person feels it is important for one of the parties to know something about the other after the contract has been signed, he must consult with a Rabbi before interfering.