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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 1

Rebbe Yossi) from Tzevah’s Rechilut (Gemara Shabbat 56a), we are left
with a question (regarding this proof) further on in the section dealing
with the Laws of Esurei Rechilut, in the 3rd Kelal, in the Hagahah of the
2nd notation of the Be’er Mayim Chayim. (Please see that reference). It
is possible to answer the words of the Sefer Yere’im by saying that the
Sefer Yere’im (did not mean to permit speaking Rechilut in this context,
but rather he) is just giving us hint, how to recognize Rechilut, that it
is common for one speaking Rechilut to say- Don’t repeat this in front
of the “victim.” So too with Lashon Hara, that the speaker cautions the
listener not to repeat his disclosure in front of the “victim,” that is a clear
indication the speaker has no intention to strive for the truth, that he was
not reporting about someone who damaged a fellow Jew and caused him
anguish or humiliated him out of a sense of altruism but rather he made
his remarks because he was enjoying repeating a story that demeaned his
fellow Jew.

Be’er Mayim Chayim, continued

Based on this (qualification of the Sefer Yere’im), we can now understand
Rashi’s commentary regarding the statement of Rebbe Yossi (Arachin 15b).
Rashi explains the straightforward meaning of Rebbe Yossi’s statement as
being even one that is an absolute degradation of this person (and it would
still be permissible) but only because the remarks are truthful and that
the speaker would have made them in the presence of this person (the
“victim”). However, as we explained, it cannot be possible that this rule
would apply to any case of Lashon Hara. Rashi’s explanation must be
as we wrote, and this approach is consistent with the Sefer Yere’im, that
he (Rashi) is also addressing a circumstance where it is permissible (to
defame the “victim”) just as the Sefer Yere’im similarly understood this.
Consequently, the explanation of the Sefer Yere’im and the explanation of
Rashi regarding Rebbe Yossi’s statement in one respect were addressing the
same situation where one may be lenient even if the comment initially was
not made in the presence of this person (the “victim”) since the intention
of the speaker was to aid those people who were adversely affected by
this (evil) person and that the speaker knows he would have made these
same remarks directly to this (evil) person. However, if the comment
involves remarks made for the sole purpose of degrading this person, i.e.,
“common” Lashon Hara, everyone holds there is no distinction between

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