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Sefer Chafetz Chayim
                                    Hilchot Esurei Lashon Hara

                                           Kelal Gimal - Halachah 1

              directly to the “victim,” besides violating the esur of Lashon Hara,
              the speaker demonstrates a side of his personality that is cruel and
              arrogant. In so doing the speaker incites additional controversy
              and argument and often the verbal exchange will deteriorate to
              humiliating this “victim.” This subject was elaborated above in
              the Introduction in discussing the Lav of “Do not cause yourself to
              come to sin because of him.”

                                        Be’er Mayim Chayim

             (3/1/1)-(1)..in front of him: (It is forbidden to make disparaging

               remarks even literally in the presence of the person who is the subject
               of the Lashon Hara – the “victim”). The Tosafot in Gemara Arachin
               (15b) write this in their analysis that I cited above (in the 2nd Kelal, the
               2nd halacha) that begins with the words “Kol milteh” \ “Any word,” and
               I clearly explained the meaning of their words with the help of Hashem
               Yitbarach. The Rambam similarly wrote on this subject (Hilchot De’Aut
               7th perek, 5th halacha) as did the Se’Mag in his commentary on the 9th Lav.
               This concept is also evident in Rabbeinu Yonah’s Sefer Sha’are Teshuvah
               (3rd sha’ar) sections #214 and #228 where he wrote that it is forbidden to
               speak Lashon Hara both in the presence of the person who is the subject of
               the Lashon Hara and in his absence.

               Because there is a very widespread (mistaken) leniency used by society,
               that it is permissible to speak Lashon Hara if the remarks are made directly
               to the “victim,” that society bases this leniency on a statement made by
               Rebbe Yossi who said (Gemara Arachin 15b) [and Gemara Shabbat 118b]
               “Never once in my life did I have to retract anything that I said to anyone,” 
               I have therefore taken it upon myself as an obligation to explain in some
               great detail to the reader who delves into this subject all of the opinions
               and explanations that I have found that discuss the meaning of Rebbe
               Yossi’s statement. I have done this in order to demonstrate that there is no
               basis for this leniency and in so doing I will also answer the question of the
               Kesef Mishneh that relates to this subject.

                  	 Implying that he never said anything critical about people which he would
                       have to subsequently retract.  Rather, he would speak directly to the person
                       who was the subject of his comment.

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