Page 107 - VOL-2

Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 1

society to be a profound sin and this person willfully repeated this sin
many times, in this circumstance disclosing his actions is not Lashon Hara
as I will describe further on in the 7th notation of the 4th Kelal).

And in this context he (Sefer Yere’im) held the law was that if this observer
\ speaker decided that he would not retract his remarks even directly in
front of the “victim,” then the remarks would be permitted even not in the
presence of the “victim.” Because if not for the fact that he would relate
that same remark in front of the “victim,” it could have been possible
to say this speaker really did not intend to denigrate this “victim” out of
a sense of zealousness against the extortion he committed, that he (the
“victim”) robbed or extorted or belittled his fellow Jew, but rather this
observer takes pleasure in speaking about people’s sins and delights in
their crooked behavior and enhances his personal prestige in their disgrace
behind their backs (not in their presence) and this kind of behavior is
forbidden by the Torah in all circumstances. This is implicit in the words
of Rabbeinu Yonah (3rd sha’ar, section #228), please see that reference,
and only in an instance where the speaker assesses he would not retract his
comments even in the presence of the victim, only then would the remarks
be permissible (i.e., the derogatory comments could be made and they
would not violate the esur of Lashon Hara).

In this regard the Sefer Yere’im adds a leniency over and above that of
the Rabbeinu Yonah (Sha’are Teshuvah). Rabbeinu Yonah permits the
comment to be made only if this person (the “victim”) was first cautioned
(by the speaker directly) or if the person (the speaker) was perceived by the
public as being an outstanding individual, an individual who was known
by the public as someone who does not spare his words for anyone and
who would caution anyone personally without fear of reprimand, such as
Rebbe Yossi, as he wrote there in that reference. Additionally, the Sefer
Ye’re’im permits the comment if he (the “speaker”) was an ordinary person
and he (the speaker) knows he would make that same comment directly
to him (to the “victim”). However, you, the reader, should not rush to use
this leniency. In order to use this leniency several conditions must first be
met, as I explain further on in the 10th Kelal with G‑d’s help. (Please see
the following Hagahah).

The Be’er Mayim Chayim continues after this brief Hagahah

Hagahah

Regarding the proof that is brought (by the Sefer Yere’im to the words of

97

volume 2