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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 4

this was the intent of the speaker, then this too is Lashon Hara.
Chazal categorize this type of comment as Lashon Hara Be’tzin’ah
– Obscured Lashon Hara.

Be’er Mayim Chayim:

(3/4/1)-(3)..Even if the identity of the person who is the subject:

This rule can be learned from an incident described in the Yerushalmi (1st
chapter in Peh’ah, halacha #1, page 4b): Agroup of men was conscripted for
national service. One of those men, Bar Chovetz, evaded the conscription
and never reported for duty. The conscripted men asked each other “What
should we eat today?” One of them answered – ‘Chovtza.’ Note that in
this language lentils are called chovtza. The leader who was assembling
the group then realized that Bar Chovetz was missing and said bring Bar
Chovetz and induct him into the army. In this gemara Rebbe Yochanan
characterized this incident as an example Obscured Lashon Hara (because
of the word association between Bar Chovetz and chovtza) even though
there was no explicit mention of his name and there was no mention (of
the speaker’s thinking, that Bar Chovetz had hidden) from conscription,
only the name of this food was mentioned (these lentils – “chovtza”) and
immediately Bar Chovetz’s name was recalled. How much even more so
in our discussion where the speaker discloses the actions of this person
(the “victim”) are these remarks Lashon Hara.

And don’t think to say that there (in the Yerushalmi’s incident) the esur was
because there was a monetary loss and therefore the speaker is categorized
as an informer (that if Bar Chovtza was conscripted he would not have
been able to work for himself and thus would have sustained a monetary
loss) since this is not so. The speaker (who replied ‘chovtza’-lentils) is
not considered to be an informer because his statement did not meet the
condition of (Gemara Babba Kamma 117a) “achvoy ativnah de’chavreh”
– “I don’t have what you’re looking for but he does, go and get it from
him” as can be seen from the Yerushalmi itself, that Rebbe Yochanan
characterized this speaker as one who spoke Lashon Hara (although he was
not an informer). Regarding the subject of Lashon Hara, the writings of
the Rambam are well known (Hilchot De’Aut 7th perek, 5th halacha) that

Meaning, a specific, conscious action was implemented by this person which
directed the thief to his fellow Jew’s property.

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