[Avodah] Textualism and LH

[Micha Berger]

>From RJR's recent audio roundup
<http://torahmusings.com/2011/03/audio-roundup-cxxxviii-2/>:

    Dr. Benny Brown's paper
    (<http://cardozo.yu.edu/uploadedFiles/CJL/dine_israel/english/brown.pdf>
    -- PDF) concerning the Chofetz Chaim's "halachasizing" approach
    to lashon hara resonated with some of my lay person's musings on
    the subject. My Hirhurim comment prior to reading the paper was
    "llimud v'lo lmaaseh I always go back to the same question -- why
    was there no real compendium on lashon hara rules until the C"C? My
    unsubstantiated theory is that it was taught mimetically and that the
    "here are the rules" approach which basically are taught in a way
    that tells people that just about anything they say about anyone is
    lashon hara needs to be analyzed. I wonder about the impact of the
    cognitive dissonance reinforced by a machsom lfi that says to pick
    2 hours not to speak lashon hara -- it reminds me of the matir of
    "nicht on shabbos geret(my yiddish is poor)". I wonder if people just
    (subconsciously?) say (a la what R'YBS taught about a rabbi not being
    too distant from his congregants) look, no one can really do this
    so let's pay lip service but not differentiate between hard core
    dangerous lashon hara and passing the time of day lashon hara lite?"

    When friends ask me why one is not allowed to discuss their children
    with their spouses, I generally try to change the subject (except
    for my closest friends who I hope won't turn me in).

    That being said, I thought my understanding of some insights from
    R'YBS concerning pirkei avot (from the 1964 notes of R'Avraham Farmer
    as quoted by R'HS in Divrei Harav Page 99ff) might be worth sharing:

    1) The Bartenura explains in his first comment on Pirkei Avot that
    this tractate isn't based on the explanation of a Torah Mitzvah as
    are other tractates but rather it's all mussar and middot. R'YBS
    says there must be more to it, what about vhalachta b'drachav
    (imitato dei) or zeh keili v'anveihur? (me -- or kedoshim tehiyu)

    2) Thus the Bartenura must mean that in certain actions and mussar
    it's more individually subjective (i.e. can say everyone must pick
    up lulav/etrog; can't say that by mussar). Similar to learning
    torah and Tzedaka which are individually based.

    3) By these items (Midot/mussar)

	(i)   we never say the halacha is like Rabbi x;

	(ii)  they aren't taught intellectually but by shimush (observation
	      of role models);

	(iii) they are a mesorah of action that sefarim aren't written
	      about (except, as is known, in recent generations). That's
	      why names are named in Pirkei Avot -- These Rabbis
	      represented the statements by living them.

    I can't say whether R'YBS would have extended this analysis to lashon
    hara, but I thought it worth sharing to get your opinion.

Tir'u baTov!
-Micha

-- 
Micha Berger             Every second is a totally new world,
micha at aishdas.org        and no moment is like any other.
http://www.aishdas.org           - Rabbi Chaim Vital
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