Miriam and Lashon Hara
What was miriam's critique of Moshe. What is Lashon Hara?
(א) וַתְּדַבֵּ֨ר מִרְיָ֤ם וְאַהֲרֹן֙ בְּמֹשֶׁ֔ה עַל־אֹד֛וֹת הָאִשָּׁ֥ה הַכֻּשִׁ֖ית אֲשֶׁ֣ר לָקָ֑ח כִּֽי־אִשָּׁ֥ה כֻשִׁ֖ית לָקָֽח׃ (ב) וַיֹּאמְר֗וּ הֲרַ֤ק אַךְ־בְּמֹשֶׁה֙ דִּבֶּ֣ר ה׳ הֲלֹ֖א גַּם־בָּ֣נוּ דִבֵּ֑ר וַיִּשְׁמַ֖ע ה׳׃
(1) Miriam and Aaron spoke against Moses because of the Cushite woman he had taken [into his household as his wife]: “He took a Cushite woman!” (2) They said, “Has ה׳ spoken only through Moses? Has [God] not spoken through us as well?” ה׳ heard it.
(י) וְהֶעָנָ֗ן סָ֚ר מֵעַ֣ל הָאֹ֔הֶל וְהִנֵּ֥ה מִרְיָ֖ם מְצֹרַ֣עַת כַּשָּׁ֑לֶג וַיִּ֧פֶן אַהֲרֹ֛ן אֶל־מִרְיָ֖ם וְהִנֵּ֥ה מְצֹרָֽעַת׃
(10) And when the cloud was removed from over the Tent, behold, Miriam was leprous, as white as snow; and Aaron looked upon Miriam; and, behold, she was leprous.

(א) ותדבר מרים. היא דברה גם אהרן הסכים או החריש על כן נענש

(1) She was [the actual] speaker while Aaron agreed or was silent; therefore he was punished [as well].

WHAT WAS MIRIAM'S CRITIQUE OF MOSHE?

(ב) ותדבר מרים ואהרן. הִיא פָתְחָה בְדִּבּוּר תְּחִלָּה, לְפִיכָךְ הִקְדִּימָהּ הַכָּתוּב, וּמִנַּיִן הָיְתָה יוֹדַעַת מִרְיָם שֶׁפֵּרֵשׁ מֹשֶׁה מִן הָאִשָּׁה? רַבִּי נָתָן אוֹמֵר מִרְיָם הָיְתָה בְצַד צִפּוֹרָה בְּשָׁעָה שֶׁנֶּאֱמַר לְמֹשֶׁה אֶלְדָּד וּמֵידָד מִתְנַבְּאִים בַּמַּחֲנֶה, כֵּיוָן שֶׁשָּׁמְעָה צִפּוֹרָה, אָמְרָה אוֹי לְנְשׁוֹתֵיהֶן שֶׁל אֵלּוּ אִם הֵם נִזְקָקִים לִנְבוּאָה, שֶׁיִּהְיוּ פוֹרְשִׁין מִנְּשׁוֹתֵיהֶן כְּדֶרֶךְ שֶׁפֵּרֵשׁ בַּעְלִי מִמֶּנִּי, וּמִשָּׁם יָדְעָה מִרְיָם וְהִגִּידָה לְאַהֲרֹן; וּמַה מִּרְיָם שֶׁלֹּא נִתְכַּוְּנָה לִגְנוּתוֹ כָּךְ נֶעֶנְשָׁה, קַל וָחֹמֶר לִמְסַפֵּר בִּגְנוּתוֹ שֶׁל חֲבֵרוֹ (ספרי):

(2) ותדבר מרים ואהרן AND MIRIAM AND AARON SPAKE — She opened the conversation, therefore Scripture mentions her first. And whence did Miriam know that Moses had separated himself from his wife (for this was the statement she made; cf. Rashi below)? R. Nathan answered: “Miriam was beside Zipporah When it was told to Moses, ‘Eldad and Medad are prophesying in the camp’ (Numbers 11:27). When Zipporah heard this, she exclaimed, Woe to the wives of these if they have anything to do with prophecy, for they will separate from their wives just has my husband has separated from me!” It was from this that Miriam knew about it, and she told it to Aaron. Now what was the case with Miriam who had no intention to disparage him? She was punished thus severely! How much the more will this be so in the case of one who intentionally speaks in disparagement of this fellow”! (Sifrei Bamidbar 99).

(טז) לֹא־תֵלֵ֤ךְ רָכִיל֙ בְּעַמֶּ֔יךָ לֹ֥א תַעֲמֹ֖ד עַל־דַּ֣ם רֵעֶ֑ךָ אֲנִ֖י ה׳

(16) Thou shalt not go up and down as a talebearer among thy people; neither shalt thou stand idly by the blood of thy neighbour: I am the LORD.

RABBI KOHENET JILL HAMMER
Numbers 12, the incident of Miriam’s rebellion in the wilderness, is also the Torah’s most ringing condemnation of women as ritual leaders. Yet that narrative allows us to hear “Miriam the priestess” into speech.
In Numbers 12, Moses’ sister Miriam joins with her brother Aaron to complain about Moses’ Cushite wife. The two go on to criticize Moses’ failure to share leadership with his two siblings, “for God has also spoken through us.” God chastises Miriam and Aaron for their assumption that they are equal with Moses. Then God turns Miriam’s skin white and scaly with the disease known as tzara’at—often translated as leprosy, though tzara’at is not leprosy but some sort of spiritual impurity that manifests in a physical condition.
Aaron (who is not punished) pleads with Moses to heal Miriam, and Moses prays for her. God contemptuously ordains that Miriam be shut out of camp for seven days— “If her father had spat in her face, would she not hide her face in shame seven days”? Only after this period of seclusion does Miriam return. After this, we never hear from her again—Miriam dies a few chapters later. The girl who watched over Moses in the Nile and danced at the shore of the Sea of Reeds vanishes into ignominy. No mourning rites are recorded for her.
The rabbis and the later commentators say very little about Miriam’s attempt to claim equal power with Moses. They must feel that she is barking up the wrong tree. As God says in the text, “If there is a prophet of God among you, I make myself known to him in a vision or I speak with him in a dream. Not so with my servant Moses; he is trusted in all my house…” (Numbers 12:7). Miriam cannot hope to equal Moses’ power. Rav Kook, in fact, emphasizes this point by stating that Miriam, by criticizing Moses, criticized the uniqueness and truth of the Torah, Moses’ prophecy (Olat Re’iyah, vol. 1, p.334). Thus the Torah commanded her “sin” be specially remembered (Deut. 24:9). No one is allowed to question the veracity of Moses’ word, and in this story, it is the woman who is specially punished for doing so.
Like other feminist readers, I have always felt the story of Miriam’s expulsion to be a massive power grab on the part of the male Israelite leadership. The tale discredits Miriam, the only woman leader we have seen among many male leaders of the Exodus (Moses, Aaron, Joshua, etc.). Miriam is banned from the camp. Psychologically, this banishment echoes the banishment of women from the priesthood. While women all over the ancient Near East and the Mediterranean serve as priestesses, Israelite women do not do so according to any mainstream text. Though there are a variety of possible priestess candidates—prophetesses; the mysterious ministering women (tzovot) who served at the Tent of Meeting; the medium (ba’alat ov) whom King Saul consults; the women who baked cakes for the Queen of Heaven and wove tapestries for Asherah—none of them appear in a way that allows us to perceive an institution or a lineage. The story of Miriam’s exile establishes the Torah’s limits on women’s spiritual leadership.

(1) (Devarim 24:9): "Remember what the Lrd your Gd did to Miriam on the way when you went out of Egypt." The Torah exhorted us hereby that we mention verbally, always, the great punishment [leprosy] that the Blessed Lrd brought upon the tzadeketh, Miriam the prophetess — who spoke only about her brother, whom she loved as her soul...she did not speak in denigration of him, but only compared him to other prophets. And she did not speak so to his face to shame him, and not in public, but only to her brother Aaron, privately. And he [Moses] was not offended by all this, but in spite of which all her good deeds did not avail her and she was punished with leprosy for this. How much more so will other people, the fools, who are prolix in speaking "great and awesome things" against their friends, be severely punished for this.

(NaN) (2) And he [the speaker of lashon hara] also transgresses (Vayikra 19:18): "And you shall love your neighbor as yourself," whereby we have been commanded to be as solicitous for our friend's money as we are for our own, and to be solicitous of his honor, and to speak in his praise, as we are solicitous for our own honor. And if one speaks or receives lashon hara and rechiluth against his friend, though it be true, it is apparent that he does not love him at all — how much more so is he in violation of "as yourself!"

(א) כְּתִיב לֹא תֵּלֵךְ רָכִיל בְּעַמֶּךָ, אֵיזֶהוּ רָכִיל, זֶה שֶׁטּוֹעֵן דְּבָרִים, וְהוֹלֵךְ מִזֶּה לָזֶה, וְאוֹמֵר: כָּךְ אָמַר פְּלוֹנִי, כָּךְ וְכָךְ שָׁמַעְתִּי עַל פְּלוֹנִי, אַף עַל פִּי שֶׁהוּא אֱמֶת וְגַם אֵין בּוֹ גְּנוּת הֲרֵי זֶה עוֹבֵר בְּלָאו, וְהוּא עָוֹן גָּדוֹל, וְגוֹרֵם לַהֲרֹג נְפָשׁוֹת מִיִשְֹרָאֵל, לְכָךְ נִסְמַךְ לוֹ, וְלֹא תַעֲמֹד עַל דַּם רֵעֶךָ.

It is written "do not be a tablebearer among your people". What constitutes talebearing? It is carrying gossip and going from one to the other, "so and so said this", or "I have heard such and such about so and so". Even if it is true, and it does not embarrass anyone, it is still a violation of a negative commandment, and it is a grave sin, which causes the death of Jewish people.

Five Categories of Lashon Hara
  1. Speech that causes disputes due to "he said, she said" talk which can cause confusion
  2. Speech that is harmful or derogatory
  3. Specifically untrue derogatory speech
  4. Speech which causes pain - emotionally, physically, and financially
  5. Words that are close to lashon hara

There are a few exceptional circumstances when tale-bearing is allowed, or even required. Most notably, tale-bearing is required in a Jewish court of law, because it is a mitzvah to give testimony and that mitzvah overrides the general prohibition against tale-bearing. Thus, a person is required to reveal information, even if it is something that was explicitly told in confidence, even if it will harm a person, in a Jewish court of law.

A person is also required to reveal information to protect a person from immediate, serious harm. For example, if a person hears that others are plotting to kill someone, he is required to reveal this information. That is another reason why the commandment not to go about as a tale-bearer is juxtaposed with "you shall not stand aside while your fellow's blood is shed."

In limited circumstances, one is also permitted to reveal information if someone is entering into a relationship that he would not enter if he knew certain information. For example, it may be permissible to tell a person that his prospective business partner is untrustworthy, or that a prospective spouse has a disease. This exception is subject to significant and complex limitations; however, if those limitations are satisfied, the person with the information is required to reveal it.

In all of these exceptions, a person is not permitted to reveal information if the same objective could be fulfilled without revealing information. For example, if you could talk a person out of marrying for reasons other than the disease, you may not reveal the disease.

אמר לו הקב"ה ללשון כל אבריו של אדם זקופים ואתה מוטל כל אבריו של אדם מבחוץ ואתה מבפנים ולא עוד אלא שהקפתי לך שתי חומות אחת של עצם ואחת של בשר

Talmud Bavli, Arachin 15b

The Holy One, blessed be He, said to the tongue, "All the limbs of man are erect, but you are horizontal; they are all outside the body but you are inside. More than that, I have surrounded you with two walls, one of bone and the other of flesh."

(א) ... אָסוּר לְקַבֵּל לָשׁוֹן הָרָע מִן הַתּוֹרָה...דְּהַיְנוּ שֶׁלֹּא נַאֲמִין בְּלִבֵּנוּ שֶׁהַסִפּוּר הוּא אֱמֶת... וְהַמְקַבֵּל עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר: ''לֹא תִשָּׂא שֵׁמַע שָׁוְא''.... (ב) אַף עַל שְׁמִיעַת לָשׁוֹן הָרָע לְבַד גַּם כֵּן יֵשׁ אִסוּר מִן הַתּוֹרָה, אַף דִּבְעֵת הַשְּׁמִיעָה אֵין בְּדַעְתּוֹ לְקַבֵּל אֶת הַדָּבָר, כֵּיוָן שֶׁמַּטֶּה אָזְנָיו לִשְׁמֹעַ. אַךְ יֵשׁ חִלּוּק בֵּין שְׁמִיעָה לְקַבָּלָה... דְּבִשְׁמִיעָה אֵין אִסוּר, רַק אִם אֵין הַדָּבָר נוֹגֵעַ לוֹ עַל לְהַבָּא, אֲבָל אִם הַדָּבָר נוֹגֵעַ לוֹ עַל לְהַבָּא, אִם אֱמֶת הוּא...מֻתָּר לְכַתְּחִלָּה לִשְׁמֹעַ כְּדֵי לָחוּשׁ לָזֶה וּלְהִשָּׁמֵר מִמֶּנּוּ, כֵּיוָן דְּמַה שֶּׁהוּא רוֹצֶה לִשְׁמֹעַ, אֵין כַּוָּנָתוֹ לִשְׁמֹעַ גְּנוּתוֹ שֶל חֲבֵרוֹ, רַק הוּא רוֹצֶה לְהַצִּיל אֶת עַצְמוֹ... אֲבָל לְקַבֵּל, דְּהַיְנוּ, לְהַחְלִיט הַדָּבָר בְּלִבּוֹ, שֶׁהוּא אֱמֶת, אָסוּר בְּכָל גַּוְנֵי.

It is prohibited by the Torah to accept and believe lashon hara. One who accepts it transgresses the prohibition of, "Do not accept a false report" (Exodus 23:1)... It is also forbidden to intentionally listen to lashon hara even if one has no intention of believing it. However, there is a difference between (1) listening versus (2) believing lashon hara

Listening to lashon hara is forbidden if the information does not pertain to him. However, if the information being said might pertain to him in the future, it is permitted to listen in order to be prepared and protect himself [from damage or harm]. It is permitted because his intent is not to hear the derogatory information about the person, but rather to protect himself from harm.

  1. However, it is forbidden under all circumstances to believe the lashon hara and decide in your heart that the information is true [unless it is confirmed].
IT IS ALL RECORDED IN THE (DIGITAL) BOOK OF LIFE
By erasing external memories, our society accepts that human beings evolve over time, that we have the capacity to learn from past experiences and adjust our behavior. In traditional societies, where missteps are observed but not necessarily recorded, the limits of human memory ensure that people’s sins are eventually forgotten. By contrast….a society in which everything is recorded will forever tether us to all our past actions, making it impossible, in practice, to escape them. Without some form of forgetting, forgiving becomes a difficult undertaking. (Mayer-Schoenberger, Victor. "Delete: The Virtue of Forgetting in the Digital Age.")
Social Networking: The 4 Characteristics of Digital Media
  1. It's searchable -- anyone, anytime, anywhere can find it.
  2. It's forever -- anyone can find it today, tomorrow, 30 years from now.
  3. It's copyable -- once they find it, they can copy it, share it, and change it.
  4. It has a global invisible audience -- even if your page is private, you can't tell which friend shares your pages. You have no control over what friends will do with it
It might be helpful for us to explore new ways of living in a world that is slow to forgive. It’s sobering, now that we live in a world misleading called a "global village,” to think about privacy in actual, small villages long ago. In the villages described in the Babylonian Talmud, for example, any kind of gossip or tale-bearing about other people-oral or written, true or false, friendly or mean- was considered a terrible sin because small communities have long memories and every word spoken about other people was thought to ascend to the heavenly cloud. (The digital cloud has made this metaphor literal.) But these…villages were, in fact, far more humane and forgiving than our brutal global village, where much of the content on the internet would meet the Talmudic definition of gossip. Although the Talmudic sages believed that God reads our thoughts and records them in the book of life, they also believed that God erases the book for those who atone for their sins by asking forgiveness of those they have wronged….Unlike God, however, the digital cloud rarely wipes our slate clean, and the keepers of the cloud today are sometimes less forgiving than their all-powerful divine predecessor. (Jeffrey Rosen's article "The End of Forgetting")