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Sefer Chafetz Chayim םייח ץפח רפס 9 VOL-3
Hilchot Esurei Lashon Hara ערה ןושל ירוסיא תוכלה
Kelal Yud - Halachah 1 ו הכלה - ט ללכ

understand him as saying that what the Rambam wrote “it is permitted to רבדּ היה אליֵמִּמ ,לארְָשׂי רבּ םוּשׁ לע ,)בזּכל אלֶֹּשׁו ללּקַל
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insult this person to his face” was meant in the context of interpersonal
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sins and therefore it is possible that the Rambam is in agreement with רֹדּגִל ךְכּ רחא םהל לקֵנ היהו ,לגּרְהה דצִּמ םָשְׁפנבּ עוּטנ הז ֶ
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Rabbeinu Yonah. הז רוּבֲע ןיִכוֹז וּיהו ,איִהה הָשׁוֹדְקּה הדִּמּבּ ירְֵמגל םמצע תא
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יִמ" :רמאנֶּשׁ וֹמכּ ,הזּה םלוֹעבּ בוֹט לכלוּ אבּה םלוֹעה ייּחל
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(Based on what was just said that although it is possible that the Rambam .'וֹגו "שׁיִאה
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does hold like Rabbeinu Yonah) don’t attempt to prove the Rambam
holds like Rabbeinu Yonah from what he wrote in Hilchot De’Aut, the
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7 perek, the 5 halacha: “that someone who makes certain remarks that
provoke \ cause another person ..etc, .. and to cause either physical or םייחה רוקמ
monetary damages or to cause him anguish or to cause him to become
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afraid, these remarks are in fact Lashon Hara.” Therefore in our case, ךְכּ רחא רפּסל וֹל רוּסא ,רבדּ הזיא )וט( וֹרבחל רֵמוֹאה .ו
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where (the remarks were made not to hurt this person per se, rather they
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were made for the purpose of recovering the “victim’s” loss, and) from םִא אקָודַו ,הז לע תוּשׁרְ וֹל ןַתנ ןכּ םִא אלּא ,םירִחאל
the perspective of the law the anguish this person suffered is warranted, it .)ערָה ןוֹשׁל וֹבּ ןיאֶשׁ( אָשׁיִבּ אנָשִּׁל הּבּ תילדּ רבדּ אוּה
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would seem that these remarks are definitely not considered to be Lashon
Hara (and thus the opinion of the Rambam agrees with that of Rabbeinu
Yonah. Do not say this) since the Rambam was including in his law even
someone whose remarks per se contain no malicious intent (i.e., Lashon םייח םימ ראב
Hara), as the Kesef Mishneh writes in his commentary on that Rambam,
that the underlying source for this law of the Rambam is the incident in ןינמ ):'ד ףד( אמויד ארמג .'וכו רבד הזיא )וט(
the Gemara Shabbat (33b) involving Yehudah Ben Garim who had no
intention at all to denigrate Rebbe Shimon Bar Yochai, as I described 'ב ללכב ליעל ןייעו 'וכו רבד וריבחל רמואל
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above in the 2 Kelal, the 3 notation in the Be’er Mayim Chayim. Even .טושפ אוה 'וכו אקודו ש"מו .ז"כ ק"ס ח"מבב
so, because his remarks caused great harm to his fellow Jew (forcing
Rebbe Shimon Bar Yochai to flee for his life from the Roman government
and hide in a cave with his son for 13 years) those remarks are included
in the category of Lashon Hara. But that is not so in our case where (the
speaker is aware that) his remarks are damaging to his friend, it is possible 16a) the Yetzer Hara is the Satan who is the Malach HaMavet. By
that (the Rambam would hold that) his remarks are forbidden (and this law disciplining one’s speech, this person is winning a battle against his Yetzer
of the Rambam is thus not proof that he agrees with Rabbeinu Yonah). Hara which necessarily pushes off the Malach Hamavet and extends his
life. And if you were to ask “Why is this different from refraining from
committing any other aveirah (which is also a battle against one’s Yetzer
In conclusion, even if the Rambam does hold like Rabbeinu Yonah, still, Hara), then please see the beginning of the first perek of Shaar HaZechirah
from the language that he (the Rambam) uses, from the strict perspective in Sefer Shemirat HaLashon where the Chafetz Chayim ZT”L writes that
of the law it is forbidden to publicize this person’s “crimes” unless he was if one is careful to discipline the words that come out of one’s mouth and
never speak disparagingly about a fellow Jew…then after a period of time
first rebuked \ warned that the victim’s loss must be restored. Please see (when this care and discipline become second nature) this person will be
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what I wrote further on at the end of the 7 notation in this Kelal. clean \ free of all interpersonal sins.
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volume 3 volume 3