Lashon Harah Maharal Nesivos Olam 2 Nesiv Halashon 7

Maharal1327(Nesivos Olam 2 Nesiv Halashon chapter 7): (Erachin 15b): What is lashon harah? Rava said it is to tell someone that that there is a fire lit in so and so’s house. Abaye objected and said that type of statement is only revealing information? Rather it is when he says it in a negative fashion and says there can only be a fire in so and so’s house because he always has meat. In other words saying it in this way is considered lashon harah even though he didn’t have intent to harm. He only stated the fact that one can find a fire there and he is not saying a moral judgment that the homeowner had sinned. Nevertheless one can infer from this statement something negative about the homeowner and therefore it is considered lashon harah. Rav Papa said that all negative statements said in front of the one being talked about is not lashon harah. Abaye replied but surely that makes it even more impudent and greater lashon harah? Rav Papa replied that my view is based on R’ Yose who said, “I have never said anything and looked around [to see if the person I was speaking about was present because I would say it to his face]. Rava bar R’ Huna said that all things which are said in the presence of three people is not considered lashon harah. What is the reason? Because your friend has a friend and your friend’s friend has a friend. In other words, it is not lashon harah when negative words are exchanged between people who are fighting, because the fight is not dependent on the language used when they are in each other’s presence. That is because they can hit or kill each other. Furthermore when they are in each other’s presence they can defend themselves against the others and answer their claims. Therefore since they can answer the accusations and defend themselves, then the derogatory language is not so evil as to be called lashon harah. Furthermore even if the person being talked about was not there but the speaker wouldn’t care and he would say exactly the same thing if he were - then this is not lashon harah. That is because if it is not lashon harah when said in the person’s presence and the speaker is not concerned whether the person is there or not - then it’s essence is not lashon harah because it is necessary that the language itself be lashon harah. So since the speaker doesn’t care whether the person is there then it is not in essence lashon harah. It is only when the speaker is careful not to say it in the presence of the person that the language is the critical issue and it is called lashon harah.

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