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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 4

Be’er Mayim Chayim

(3/3/2)-(2) That even if the comment is not made out of a sense
of hatred: Quoting the Rambam (Hilchot De’Aut, chapter 7, halacha

#4): “Similarly, one who speaks Lashon Hara and presents the comment
as if he is only joking, that he (seemingly) has no malicious intent, etc.”
Please refer to the Yad HaKetanah (Hilchot De’Aut, chapter #9, halacha
#6, Minchat Ani #12) in explanation of the Rambam’s comment that this
mode of speech is absolute Lashon Hara as defined by the Torah and is
not Avak Lashon Hara. Quoting the Rambam, “Similarly, someone who
speaks Lashon Hara… regarding this Shelomo HaMelech says…etc.,”
meaning, one can find other examples of expression that don’t appear to
society to be Lashon Hara, yet regarding these (expressions) Shelomo
HaMelech says…etc.,” (and they are actual Lashon Hara).

Rabbeinu Yonah addresses this subject in (the 3rd sha’ar) section #74 of
Sha’are Teshuvah, that “one is punished for negligence in speaking Lashon
Hara even if there was no intent to humiliate this person.” Similarly, our
Chachamim have written in the Sifri and Rashi has commented in the
Torah (Bamidbar 12:1) regarding Miryam, “Even though Miryam had no
malicious intent but instead had intended only to praise Moshe and only
commented because of the mitzvah to have children” (and nevertheless
she was punished). Similarly, the Ramban commented in perashat
Teh’tzeh on the pasuk (Devarim 24:9) “Remember what Hashem your G‑d
did to Miryam” as follows: “This pasuk is a strong warning to (carefully
consider your language and) refrain (completely) from speaking Lashon
Hara whether the remarks are expressed publicly or privately, whether the
remarks are made with malicious intent or with no malicious intent; this
(mitzvah, to “Remember”) is one of the 613 mitzvot.

Mekor Hachayim

K3/4. It is forbidden to speak or repeat Lashon Hara even if the

identity of the person who is the subject (3) of the remarks (the
“victim”) is concealed. But from the context of the remarks, if it
becomes apparent to the listener who the subject is, the comment is
Lashon Hara. Moreover, even if the remark contained no aspect of
harm or degradation (4) of this subject, but because of the deceitful,
cunning comment some bad would circulate about this person, and

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