http://revach.net/article.php?id=2554

Section: Daily Reminder   Category: Zechiras Miriam
He's Not A Big Learner

The Chofetz Chaim (4:2) says you may not say that a person does an aveira or does not do a specific mitzva even if most people are also not very careful about this mitzva.

He gives a classic example of saying that someone "is not a big learner".  Even though there are many people that "are not big learners", nevertheless learning Torah is a mitzva.  Saying that a person is not very zealous in his observance of this mitzva, no matter what the public perception is, is not flattering and is considered Lashon Hara.  This applies for many similar mitzvos that fall into this same category.

"Zachor Eis Asher Asa Hashem L'Miriam BaDerech B'Tzaischem MiMitzrayim"

The Ramban and other Rishonim count, among the Mitzvos Aseh Min HaTorah, the mitzva of remembering and saying with your mouth each day what Hashem did to Miriam when she spoke about her brother Moshe.  The Chofetz Chaim in Shaar Tvunah Perek 12 says that being Mikayem this mitzva can save you from the aveira of Lashon Hara.  More than just saying the pasuk, says the Chofetz Chaim, one must think about the incident in order for it to have its intended effect.

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