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Sefer Chafetz Chayim 5
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 6

speakers, Chazal teach (Gemara Kedushin 70a) that whoever finds fault
in others has that same fault himself and cannot bring himself to praise
others. It is in the character of these people who speak Lashon Hara to
constantly find fault in others, “but the speech of those who are righteous
is favorable” (since they do no evil, they attain Hashem’s favor without
having to bring a “guilt offering”). It is a character trait of people who are
righteous that they will overlook the character flaws of others and praise
them for their strengths and good qualities.

From all of this we learn that one who denigrates or humiliates or speaks
derogatorily about another Jew still violates the esur of Lashon Hara, even
if no damages occur to this victim as a result of his remarks. And that which
the Rambam wrote in Hilchot De’Aut (7th perek, 5th halacha) “one who
makes remarks that could cause harm if they were overheard” meaning
(some harm could befall the “victim”) even if nothing derogatory (was
intended or) was contained in the remarks, but only because the remarks
were disseminated. The Kesef Mishneh commented on this Rambam and
brought support to his law from the incident involving Rebbe Yehudah Ben
Gareem (Gemara Shabbat 33b) who had no intention to denigrate Rebbe
Shimon Bar Yochai and expressed his remarks only to his own household,
as Rashi comments there (citation beginning with the words “He told”).

Hagahah

However, truthfully speaking this is not a refutation at all since (Lashon
Hara is unlike any other sin), as regarding other interpersonal sins like
theft or the withholding of payment, if a person wanted to steal or withhold
payment and was unsuccessful then obviously he has no culpability for
stealing or withholding payment. But that is not so in our discussion since
even if the speaker was unsuccessful (in achieving his goal) nevertheless
he does not leave the category of someone who speaks Lashon Hara, as
the gemara writes in this specific instance the tunic worn by the Kohein
Gadol (the “Meh’eel”) will bring atonement. Thus we are forced to say
that in the very essence of the defamation he spoke against his fellow Jew,
the speaker commits a sin independent of any other sins that result from
his remarks and the ensuing damages to his fellow Jew (the “victim”).
Accordingly, based on my understanding, this is the source for the words
of the Rambam that I will quote further on.

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