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VOL-3
Sefer Chafetz Chayim םייח ץפח רפס
Hilchot Esurei Lashon Hara ערה ןושל ירוסיא תוכלה
Kelal Yud - Halachah 6 ח הכלה - י ללכ

desert they gathered Manna on Friday and left it in plain view on Shabbat ןינעה יפל האור אוה םא ,יולת ,החכוה ןינעלו
attempting to discredit Moshe Rabbeinu and his prophesy (and they failed)
and they instigated revolution by challenging Moshe Rabbeinu’s divine אלו וחיכוהל ךירצ ,ותחכות לבקיש רשפאש
leadership of the Jewish nation (Bamidbar 16:3) “and why do you (i.e., לבא ,'ג טרפב ל"נכו וחיכוהש םדוק וילע םסרפי
who picked you to) lead G‑d’s holy people?” And Moshe Rabbeinu A”H
was the master of all prophets, the teacher of the entire Jewish nation, ךירצ ןיא ,הזב ותחכות לבקי אלש האור אוה םא
whose honor and prestige was greater than his father’s and even so the עדותישכד ,וחיכוהל אלש בוט רתויו ,וחיכוהל
gemara was of the opinion that it would have been forbidden for the court’s
agent to report back to him the remarks made by Datan and Aviram except ז"יע חומצל לכוי יאנגל הז רובע וספות אוהש ול
for the fact that he was acting in the agency of the Beit Din (meaning, he is ןיוכמש תלעותה אובת אל כ"חאש ונייהד לוקלק
an extension of the Beit Din and is immune from the esur of Lashon Hara
and Rechilut). But for this exception it would be forbidden for someone to 'ה טרפב ב"כ ק"סב יתראיבש ומכו ורופיסב הז
repeat the degrading remarks made about another Jew even if this speaker .הלחתמ וחיכוי אל כ"ע ש"יע
was striving to reach the truth of the matter.

Now regarding the issue of repeating to others what this boor said about
another Jew, if this observer \ speaker determines that repeating the remarks
will result in a beneficial outcome, that he was zealously upholding the
honor of a Torah Scholar, then it is permitted to repeat the remarks as long ‘Any remark made in the presence of three people is exempt from the laws
of Lashon Hara.’ Rabbeinu Yonah qualifies this statement as referring
nd
as he conforms to the seven rules listed above in the 2 halacha (K10/2). specifically to a case where someone is permitted to disclose derogatory
Please see what I will write in the very next notation of the Be’er Mayim, information about a fellow Jew, for example, that this person is a wanton
that there are instances when there are exceptions to this law as stated sinner and now must be denigrated publicly until he repents. In such a
here. circumstance the disclosure is permitted as long as it is made in front of at
least three people. Rabbeinu Yonah gives two reasons for this requirement:
The “first reason” is that if the disclosure is made in front of three people
Mekor Hachayim we can assume that it was made so that word of society’s displeasure with
this sinner will get back to him. If it is made in front of only one or two
K10/ . There are instances where these remarks could be repeated people (meaning, that those remarks will not filter back to this person) it
to others even if the victim is not aware of them as long as the would give the impression that the speaker merely wants to gossip about
his fellow Jew. The speaker would also appear as though he does not
observer concludes the victim will gain a meaningful benefit by want word to get back to this sinner because he wants to flatter him to his
it (21) and as long as this observer conforms to all of the seven face while degrading him behind his back. Rabbeinu Yonah then goes on
nd
rules listed above (22) in the 2 halacha. Please reference the to say that requirement for making this disclosure only in the presence of
Be’er Mayim Chayim where I will define “benefit” in order that the three people (i.e., publicly) would then only apply when the speaker has no
reader not make a mistake. For example, the observer knows this reason to fear the sinner. But if the sinner has the ability to cause harm to
this speaker, the speaker would be permitted to talk about him in private
boor’s personality and from the context of the story he is telling it while flattering him to his face, as Chazal have said that it is permitted
is obvious that the same way he is insulting the victim in front of to flatter the wicked. Rabbeinu Yonah then gives a “second reason” for
this observer he intends to go to others and repeat the same insulting the requirement (of disclosure in public), that if the disclosure is made in
remarks. But this permissibility requires first going over to the boor front of only one or two people, society would suspect the disclosure is a
lie, whereas if it was made in front of at least three people (i.e., publicly)
and rebuking him for what he said, followed by the boor’s refusal the speaker would not be suspect as a liar since everyone knows that a
to accept the rebuke. Because of the many sins of society, it is very respectable person would not make false statements in public”.
likely that nearly everyone is guilty of violating the sin of speaking

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