Halakhah for Eduyot 5:6
עֲקַבְיָא בֶּן מַהֲלַלְאֵל הֵעִיד אַרְבָּעָה דְבָרִים. אָמְרוּ לוֹ, עֲקַבְיָא, חֲזֹר בְּךָ בְאַרְבָּעָה דְבָרִים שֶׁהָיִיתָ אוֹמֵר וְנַעַשְׂךָ אַב בֵּית דִּין לְיִשְׂרָאֵל. אָמַר לָהֶן, מוּטָב לִי לְהִקָּרֵא שׁוֹטֶה כָּל יָמַי, וְלֹא לֵעָשׂוֹת שָׁעָה אַחַת רָשָׁע לִפְנֵי הַמָּקוֹם, שֶׁלֹּא יִהְיוּ אוֹמְרִים, בִּשְׁבִיל שְׂרָרָה חָזַר בּוֹ. הוּא הָיָה מְטַמֵּא שְׂעַר הַפְּקֻדָּה וְדַם הַיָּרוֹק. וַחֲכָמִים מְטַהֲרִין. הוּא הָיָה מַתִּיר שְׂעַר בְּכוֹר בַּעַל מוּם שֶׁנָּשַׁר וְהִנִּיחוֹ בְחַלּוֹן וְאַחַר כָּךְ שְׁחָטוֹ, וַחֲכָמִים אוֹסְרִים. הוּא הָיָה אוֹמֵר, אֵין מַשְׁקִין לֹא אֶת הַגִּיֹּרֶת וְלֹא אֶת שִׁפְחָה הַמְשֻׁחְרֶרֶת. וַחֲכָמִים אוֹמְרִים, מַשְׁקִין. אָמְרוּ לוֹ, מַעֲשֶׂה בְּכַרְכְּמִית, שִׁפְחָה מְשֻׁחְרֶרֶת שֶׁהָיְתָה בִירוּשָׁלַיִם, וְהִשְׁקוּהָ שְׁמַעְיָה וְאַבְטַלְיוֹן. אָמַר לָהֶם, דֻּגְמָא הִשְׁקוּהָ. וְנִדּוּהוּ, וּמֵת בְּנִדּוּיוֹ, וְסָקְלוּ בֵית דִּין אֶת אֲרוֹנוֹ. אָמַר רַבִּי יְהוּדָה, חַס וְשָׁלוֹם שֶׁעֲקַבְיָא נִתְנַדָּה, שֶׁאֵין עֲזָרָה נִנְעֶלֶת בִּפְנֵי כָל אָדָם מִיִּשְׂרָאֵל בְּחָכְמָה וּבְיִרְאַת חֵטְא כַּעֲקַבְיָא בֶּן מַהֲלַלְאֵל. וְאֶת מִי נִדּוּ, אֱלִיעֶזֶר בֶּן חֲנוֹךְ, שֶׁפִּקְפֵּק בְּטָהֳרַת יָדָיִם. וּכְשֶׁמֵּת, שָׁלְחוּ בֵית דִּין וְהִנִּיחוּ אֶבֶן עַל אֲרוֹנוֹ. מְלַמֵּד שֶׁכָּל הַמִּתְנַדֶּה וּמֵת בְּנִדּוּיוֹ, סוֹקְלִין אֶת אֲרוֹנוֹ:
Akavya ben Mahalalel testified in four instances. They said to him: Akavya, retract the four things that you said and we will make you a chief justice of Israel, whereupon he said: "Better to be called a dolt all of my life and not to be wicked one moment before the L rd," so that they not say: "He retracted because of 'position.'" He would declare unclean a "deposited hair," [a bahereth (a kind of plague-spot) having "deposited," (as it were) the hair in the skin of the flesh and having departed. As in an instance of a bahereth with a white hair in it. If the bahereth departed and left (i.e., "deposited") the white hair in its place and then it (the bahereth) returned — Akavya ben Mehalalel rules it unclean. Since the hair turned white in the bahereth, even though the bahereth that is there now is not the one that turned it white, still, he is unclean.], and (he declared unclean) the 'green' blood (of a niddah.) And the sages rule them clean, [it being written (Leviticus 13:10): "…and it (the bahereth) turned the hair white" — only if it turned it white, and not its neighbor. And (Akavya ben Mahalalel) declared unclean the 'green' blood of a niddah, holding it to be like the color of the bright-colored crocus, one of the "unclean" colors, which had faded (from the red)]. And he would permit derivation of benefit to a Cohein of the wool of a first-born blemished animal, that had fallen (to the ground) and which he had placed on the window, after which he slaughtered it. And the sages forbade it. [For if you permit to him its wool that falls (to the ground) while it is alive, they will come to delay (the slaughtering of) a firstling so that its wool fall always, and they will (also) come to shear and work with it; and it is forbidden to shear and to work with unfit consecrated animals, it being written (Deuteronomy 12:11): "…you shall slaughter and eat flesh" — you shall slaughter, and not shear. And Akavya permits it. For since shechitah avails for (enjoyment of) the wool, which is attached to it, afterwards, it also avails for the wool that has been torn off and placed in the window.] He would say: [The sotah's draught] is not administered to a proselytess or an emancipated maidservant, [it being written (in the oath administered to the sotah [Numbers 5:21]): "May the L rd render you a curse and an oath in the midst of your people," excluding those who are not "in the midst of your people."] And the sages say: They do make them drink. They said to him: There was once an incident of this kind in Jerusalem involving a freed maidservant, Carcamith, and the draught was administered to her by Shemaya and Avtalyon!, whereupon he (Akavya) said to them: "They made her drink the like!" [i.e., they did so because they were (proselytes) like her, and not because this was the law. Another interpretation: They gave her the impression that they were giving her the bitter waters to drink, but they were not really doing so.] And they excommunicated him (Akavya), [for having cheapened the honor of Shemaya and Avtalyon]. And he died in his state of excommunication and beth-din stoned his coffin. R. Yehudah said: G d forbid that Akavya was excommunicated. For the (doors of the) azarah (the Temple court) closed on no man in Israel [on Pesach eve, when they went in to slaughter their Pesach offerings, (viz.: "When the first contingent went in, they closed the doors of the azarah, etc.")] greater in wisdom and fear of sin than Akavya ben Mahalalel. Who, then, was it that they excommunicated? It was Elazar ben Chanoch, who made light of [the rabbinical ordinances of] washing one's hands. And when he died, beth-din sent and placed a large stone on his coffin, [betokening their separation from him], whence we learn that if one is excommunicated and died in that state, his coffin is "stoned."
Chofetz Chaim
Chofetz Chaim
Chofetz Chaim
And know that this [the following] sin (in our many sins) is widespread. That is, when one speaks demeaningly of his friend, (often,) the listener, knowing that what is being said is unfounded, nevertheless nods his head [in agreement] and he, too, "smoothes over" the thing with his tongue, adding some words of taint. For the speaker is sometimes a man of means, or the like, from whom he receives favors, or who he fears will regard him as unwise, or the like [for remaining silent]. And, therefore, the yetzer will entice him, too, to concur in this. But know, my brother, that this, too, is essentially a transgression of the negative commandment of flattery — even if he adds but a few words — as is explained in the Be'er Mayim Chayim.
And in this regard it is written (Mishlei 23:2): "And put a knife to your throat [against speaking lashon hara] if you are a man of spirit." And one must rather expose himself to danger than bring his soul to such a sin. According to the Torah, every man under such circumstances must, in any event, strengthen himself not to abet him [the speaker] even by so much as one movement which would cause it to appear that he concurs with what he is saying. And in this connection we can understand the words of Chazal (Eiduyoth 5:6): "It is better to be called a fool all of one's days than to be wicked one moment before the Almighty." And this, even if he knows that his words of reproof will not be accepted by the speaker; for, otherwise, he certainly must reprove him for this, too (as will be explained, G–d willing, in Hilchoth Lashon Hara, Principle VI).