To tell, and the answer is yes, because there's no positive purpose in telling.
Welcome back to Torah Tuesday. Proper speech is the subject of our 11.45, 15-minute weekly session in Sefer Chafetz Chaim, where we outline the different types of speech. Peddling information is called Rechilut, gossip we might say, but spreading negative information or harmful information, something that might hurt a relationship, is called Lashon Hara. We learned that sometimes, as a warning or as a protective measure, Rechilut can be kosher speech if it is for a constructive purpose.
Now let's say, for example, someone was not that what we call looking sharp, and you have an unscrupulous seller ready to take advantage of that Tamim, simple individual. What do you do if you find or if you are able to fit it into the category of constructive, which means it's doing good by speaking, even though the statement itself, on its face, is not good? You may warn him that this person is dishonest. Don't shop there. Don't buy there. Don't buy this particular item. He's price gouging. He's taking advantage. And of course, there are rules to make sure it fits before you do it. But today I want to go a little bit further.
Let's say a person was in fact cheated or beaten by an unscrupulous seller. Let's say that the simple, honest guy was already cheated by the somewhat sharper person. Shouldn't I let him know that he's been cheated, victimized, taken advantage of? Maybe he'll go back and get a refund, get his money back, or go buy it in a more reputable, more honest place.
As far as canceling a sale, we have what's called Ona'ah. Ona'ah is when there is some sort of overcharging or underpaying involved in a transaction between two people. If one sixth of the standard price is exceeded in the deal, then there is potential for the person to force a refund or cancel a sale. But if it's less than that, in Judaism, based on Bava Metzia, there's a Mishnah that says we can't actually do much about it.
So in this case, where the halakha (Jewish law) does not call for a legitimate refund or wants my money back style of transaction, would it be forbidden? You might say there's no constructive purpose. If the buyer asks, for example, "Hey, look what I bought. Did I get a good price?" are we allowed to tell him the truth? The Chafetz Chaim says no, because if it's not within the realm of getting his money back or getting an adjustment, a price refund, and he's only going to be hurt by the information, and the seller's reputation is going to be hurt, you can't say anything. In fact, the Chafetz Chaim says it's a mitzvah (commandment), which surprises us, to tell a guy it was a great deal. It's hard to find. You're so lucky to get one. Build him up rather than make him feel foolish.
Now what about falsehood? We know that you're not allowed to speak falsehood, but the Torah goes further. It says that from falsehood you should distance yourself. So what about over here? Why am I telling the guy it was a great deal? He did great. Because we learn elsewhere, from Sarah and Abraham way back when, that for the sake of shalom (peace)—and don't write yourself a blanket heter (permission), bing bing bing, I'm warning you—but for the sake of shalom, a person is able to bend the story a little bit.
But I heard the visitors say she's going to have a baby at the age of 90, and her husband will be 100, and they haven't had babies until now, so why should they begin all of a sudden? And she laughed. She said, "Listen, my husband is so old. How can I have a child with him?" And Borei Olam tells Abraham, "Why did Sarah laugh and say she's too old to have a child? Not your, she's too old?" Isn't that untruthful? Would Borei Olam do anything so wrong? And they said that when it's for the sake of peace, it's right.
So over here, moving thousands of years ahead, a person got cheated because he simply went in trusting a vendor who was less than scrupulous, and he bought something that maybe wasn't the right model or was at the wrong price. So he did something where he got beat. When he asked your opinion, you tell him how great it was. Why? For the sake of peace, so he won't dislike the other person, cheat the other person, try to get the other person back, or gossip about the other person. Preserving peace overrides.
Now what about if the same case in the laws of Ona'ah passes the threshold of one sixth and becomes an issue of potential refund or sale cancellation? What can the person do? Can you tell the victim he was beat, that he was overcharged, that he was cheated? It depends how the person will react. If the buyer is known to be a big mouth and he's going to be all over town telling people about what this guy did, going around saying, "I got beat, but I never would have known if it were not for my good friend George, who told me what the guy did to me," then, "Oh, George told you?" Or Shimon Levi, or whoever it is who told you, informing him that he was cheated is now causing him to speak Rechilut. The guy you're telling, "You were cheated," has a big mouth. He's going to speak. Who's the one causing him to speak? You, my friend.
If it's unlikely he will confront the seller, maybe he can get away with it. But if he's a speaker and a gossip by nature, exposing the wrongdoer is putting the victim at risk of speaking Lashon Hara or Rechilut.
Now we know that fraud is looked at very negatively by the Torah. It's seen not as a small indiscretion. It's on a list in the pasuk (verse) with adultery and sorcery. It destroys the world. The need to expose the fraud doesn't grant us a license to cause another Jew to create strife among Jewish people. It's a very delicate, fine line, and you may find a license here, but no, weigh your words before they leave your lips. Arrows in the hands of a powerful man are only under his control so long as he pulls back the bow and is still holding it. But once he lets go and the arrow leaves, it's beyond his control. Weighing your words so you can protect this person and educate him properly to become a little bit sharper and avoid being cheated is a very important principle. But it has its rules, its limitations, and its requirements. And that's what we learned today.