[Avodah] Halakhos that depend on LH?

[MOSHES at MM.HUJI.AC.IL]

R' Micha Berger wrote:
> Here is what I thought he was asking... How do we codify
> halakhos that presume people will continue to be
> avaryanim? Particularly given the severity of LH?

> To add to the question... Do you think these dinim will
> necessarily change le'asid lavo, when LH would be rare?

R' Akiva Miller wrote:
= I still don't understand the question. Why are you singling out LH for
= this question? Wouldn't it apply just as well to gezel and murder and
= chometz and over 600 other mitzvos?

Obviously, I did not make myself clear. Of course there will be all 613
mitzvot. Murder is murder and chometz is chometz. My question is about
a mitzva where a _detail_ in the mitzva is "dependent" apparently on
people speaking Lashon Hara. For example, the rule of "kol d'lo posak"
which can force a person to divorce his wife. The aveira is niuf. That
won't change. But the parameters for assuming the aveira took place,
seem to be dependent on people speaking LH about it.

I recall a Gemoro in Sotah which gives as a parameter "mezoros balevanah"
which means IIRC women who do work by moonlight and talk about what
happened. As I recall, there it is a _d'oraisa_ parameter. Perhpas
my knowlege of the rules of LH are deficient and such talk is indeed
permissable. I would like then to know why. HTH and TIA

Moshe Schorr
It is a tremendous Mitzvah to always be happy! - Reb Nachman of Breslov
The home and family are the center of Judaism, *not* the synagogue.