Sefer Chofetz Chaim chapter 2, halacha 2, end of note 2 and beginning of note 3

This week we wrapped up Tosfos’ view of Apei Tlasa. Outright slander is forbidden to be said or accepted by the listeners even in front of 3 people. Only a statement that could be taken in two ways, as long as one would not be embarrassed to say it in the face of the one he is talking about, assuming he does not show any negative connotations, is permissible to be said in front of the person he is talking about and even in front of three people since word will get back to whom he was talking about and he has no shame saying it since there is nothing wrong with what he is intending to say. The people who heard this statement which could be taken in two ways but was said positively can now spread it to others.

What comes out from the ramifications of this Halacha is that this statement that can be taken for good or for bad cannot be said in front of one or two people even though your intent is positive. To get around that problem one should just say a statement that can’t be taken two ways. For example, if someone asks you where he can get some food don’t tell him so and so always has a pot on the stove which can mean either he’s a glutton or he always have guests, rather say so and so always has guests over. That you can say even in front of one or two people assuming you know the person asking won’t take advantage of his host and the host really doesn’t mind having guests all the time.

We then started discussing the Rambam’s view on apei tlasa in note 3. He understood the Gemara in Bava Basra who permits speaking in front of three because word spreads as follows: the initial person who speaks slander is in fact committing a sin but since it was said in front of three people and word spreads on that fashion then if one of the three repeated what he said as long as he didn’t repeat with the intentions to spread it further he does not get a sin since the damage has already been caused. If he does say it with intent to spread the slander then he is also sinning since he is trying to further the damage to the one spoken about.  

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