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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 1

person. With this approach the question of the Kesef Mishneh disappears
and we understand why the Rambam did not hold of the opinion of Rebbe
Yossi (rather he held of the opinion of Rav Pappa).

The Tosafot in Gemara Arachin also hold of this opinion (the same opinion
held by the Rambam), that if the remark is derogatory and defamatory, it
is forbidden to be spoken even if he would have made those same remarks
in the presence of this person (who is the subject of the Lashon Hara).
The gemara (Arachin 15b) is specifically referring to an instance where
the remark can be understood as not being Lashon Hara, as I quoted their
comments (the Tosafot) and the explanation of their comments (in the 2nd
Kelal, in the 2nd notation) with G‑d’s help. And this is what I wrote here,
in this 2nd halacha. And, in truth, using this framework, the question of the
Kesef Mishneh is resolved. And it is somewhat astounding that the Kesef
Mishneh himself seemingly did not take note of the words of the Tosafot
(Arachin 15b).

Furthermore, please study carefully the words of Rebbe Yossi as understood
by the Shetah Mekubetzet in his commentary on Babba Batra (39) quoting
the Aliyot of Rabbeinu Yonah Z”L paralleling the commentary he wrote
in Sha’are Teshuvah (I quoted the words of Rabbeinu Yonah’s Sha’are
Teshuvah and the Shetah Mekubetzet at the end of this sefer). There he
wrote explicitly that Lashon Hara is forbidden both in the absence and
in the presence of the person who is the subject of the Lashon Hara (the
“victim”). And if the Rambam is explained in this context of the Shetah
Mekubetzet, the objection of the Kesef Mishneh is resolved. The Shetah
Mekubetzet and Rabbeinu Yonah in Sha’are Teshuvah understood Rebbe
Yossi to be referring to a person (who is not “your brother,” someone who
does not have the protection of the Torah in being shielded from Lashon
Hara) as I will discuss his words further on with G‑d’s help. But (unlike
the Kesef Mishneh) the Rambam was not discussing this type of person
(thus we understand that the Rambam did not permit speaking Lashon
Hara in this person’s presence).

And that which is concluded by the Sefer Yere’im (41st notation, or the
191st notation in the unabridged edition) as per the opinion of Rebbe
Yossi was also in the context of those remarks not being Lashon Hara, for
example, Rabbeinu Yonah concluded in the 3rd sha’ar of Sha’are Teshuvah
in section #221 that if one sees someone stealing or extorting or insulting
his fellow Jew, it is permissible to publicize those actions in order to assist
the person who was robbed (or in the context of a sin committed by man in
his relationship with G‑d, where this action is known by the entire Jewish

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