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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 1

knew it and that it was a mitzvah to hate this person for what he did and to
publicize his actions, nevertheless, Rebbe Yossi was careful not to make a
comment regarding this person and was willing to suffer a loss of his own
property to this person because there were not two witnesses who also saw
this theft. Only in that circumstance where there were two witnesses who
could testify in court would Rebbe Yossi make his comment (about the
thief), even not in this person’s presence, and even prior taking this person
to court since those remarks (since that testimony) would even have been
made directly in front of that person (i.e., the “thief,” who is the “victim”
of those remarks).” (Quoted up until this point).

Several other examples were brought there (by the Maharee Braunah)
that illustrated circumstances in which making these comments would be
unequivocally forbidden. This was also the opinion of the Se’Mag who
quoted the Rambam in his commentary on the 9th Lav (that Lashon Hara
is forbidden whether it is verbalized in the presence of the victim or in his
absence).

In conclusion, it is forbidden to speak Lashon Hara either in the presence
of this victim or even not in his presence. One may not make remarks
whether they are merely offensive and derogatory of if the remarks apply
to the actions of this person in his relationship with G‑d. (The halacha
regarding statements made about actions taken between this person and
other people will be explained, with G‑d’s help, further on in 10th Kelal).

It goes without saying that in a situation where there is some justification
for the victim’s actions speaking Lashon Hara would be forbidden, but
even in an instance where there is no justification for the victim’s actions,
for example, that the victim was forewarned not to do something and still
he did it, a single individual is still forbidden from speaking Lashon Hara
about this victim. Regarding an instance where two people (witnesses)
can report on the sinful actions of this “victim,” that circumstance will be
discussed further on.

The law that forbids making a remark that is Lashon Hara in the presence
of the person who is the subject of the remark is based on the authoritative
opinions of the Rambam, the Se’Mag, the Tosafot and the Rabbeinu Yonah.
And who would be so brazen as to try to render a lenient opinion to allow
the Lashon Hara against the authority of these Rishonim!

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