Chofetz Chaim: Speaking lashon harah when angry at assailant?

This post got started in the comments to a previous post  about lashon harah.

The sefer Chofetz Chaim is widely assumed to be the definitive Shulchan Aruch for knowing the halachic parameters of the prohibition of  lashon harah. The Chofetz Chaim himself was largely responsible for creating single handedly the halachos of lashon harah.  Thus contrary to most other halachos there is no clear development of discussion, analyis and psak over time from Talmud to Rishonim to Achronim. In fact aside from some mention in the Talmud and a sparse listing of 7 halachos in Hilchos De'os of the Rambam , there is no mention in the Tur or Shulchan Aruch. The Chofetz Chaim created a new category of halacha by transforming what was previously viewed as ethical prinicples discussed by Rabbeinu Yonah and other mussar seforim – into clear cut prohibitions. In addition he spent much effort showing that what was commonly presumed to be permitted speech was in fact prohibited (e.g., the heter of speaking before three described in the Talmud and Rishonim is reinterpreted and severely restricted by the Chofetz Chaim so as to be largely irrelevant). In sum, he created many halachos of lashon harah which were previously viewed as ethical values and he restricted previously heterim for speaking lashon harah.

As the Klausenberger Rebbe stated, the Chofetz Chaim viewed lashon harah as a poison gas which under no circumstance can be allowed to escape into the air. Thus he is focused not only in describing lashon harah but he also creates restrictions to minimize the possiblity of even mistakenly speaking lashon harah. In contrast the Shem m'Shmuel presents a more balanced model where not only is speaking lashon harah evil but so is not saying negative things when it is needed (to'eles) to protect others from harm. The view of the Shem m'Shmuel is apparently presumed in the responsa literature dealing with lashon harah because the added restrictions of the Chofetz Chaim are not mentioned. This is also clear from the Pischei Teshuva (O.C. 156) where he notes that the mussar seforim are strongly focused with the prohibition of speaking lashon harah but there is a worse sin – not speaking up to prevent harm to others

The sefer Chofetz Chaim is complicated and not easy to read. It is divided into two major section (lashon harah and rechilus) because he viewed these two prohibitions as being significantly different - even though there is considerable overlap and repetition in their elucidation. Both of these sections  are clarified by his commentary Be'er Mayim Chaim - to which there are also addition notes appended. Within the discussion of the halachos he frequently provides cross references to discussion in other places in the sefer which provide significant modifications and limitations to the original discussion and contributes significantly  to the complexity of the presentation. 

The question I want to address is what exactly is the sefer Chofetz Chaim? To approach this question, I will present a discussion concerning one clear and unambigious case. Is it permitted to speak for to'eles when there is at the same time their is anger or hatred towards the person being talked about? This is a very common situation which can happen when a person has been cheated, beaten up or sexually abused by another person. Does the Chofetz Chaim permit informing people about the abuser - if the victim is also angry?

An examination of the lashon harah section reveals in clall 10 the following words [Chofetz Chaim Foundation Translation]

Clall 10:1  If "someone" saw a person  commit a "crime" \ sin against a fellow Jew, for example, he stole something from him or withheld wages from him or harmed him, whether the victim was aware of it or not aware of it or if he humiliated the victim or caused him anguish or verbally abused him, and this "someone" knows about the incident with certainty and that the stolen object was not returned or that he did not compensate him for the harm he  caused, and that this person did not approach the victim (14) to  apologize and ask forgiveness for his sin. Even if this "someone"  was the only person who was aware of the incident, he is permitted  to tell other people what happened in order to help the victim (to  restore his loss) and to publicy denigrate the evil actions of this  person (in order that people would stay away from him and not  learn and copy his evil behavior). But all this is on condition that  this "someone" adheres to the following seven rules (listed in the  next halacha, clall 10:2).

It is clear from the above text that the permission to speak about an assailant is totally dependent on whether the seven conditions are met and if they are not fulfilled it is not permitted. I want to focus on the 5^th rule that one "may not make his remarks as a result of some prior hatred that he had for this person."

Clall 10:2: These are the seven rules:

1. The speaker must be a first-hand observer  to the incident  and what he is reporting cannot be something he heard from  someone else unless it was later confirmed as being absolutely true ;

2. The speaker must be extremely careful not to immediately  conclude that the incident had to have been a case of theft or  cheating or damages or something comparable. Instead he must  carefully consider the circumstances of the incident and then  decide whether or not the law defines the incident as theft or damages;

3. The speaker must first rebuke the sinner using language  that is gentle and non-confrontational (8). Perhaps this first  approach will be useful and will result in the sinner rectifying  his actions. If the sinner still will not listen to him, then it is  permitted to publicize the sinner's crime and the wrong that he  did to a fellow Jew. (But if this speaker knows that his rebuke  would be useless, with G‑d's help, I will explain what he must  do further on in the 7th halacha of this Kelal);

4. The speaker may not exaggerate the details o(this "crime" \ sin  any more than they actually are;

5. The speaker's remarks can only be made if his intention is to  achieve a useful outcome as we will explain further on in  the 4th halacha of this Kelal. Moreover, the speaker may not  benefit at all, G-d forbid, in discrediting this sinner, nor may he  make his remarks as a result of some prior hatred that he had for  this person;

6. If the speaker is able to achieve a useful outcome by some other  strategy that would circumvent the need to use Lashon Hara  against this sinner, then in any circumstance it is forbidden to  use Lashon Hara:

7. The speaker's remarks may not cause any additional harm  _ (to this sinner) over and beyond the punishment he would  have received had he appeared in court, been convicted by its  judges and punished to the level that the law required. Please  see a definition of these terms further on in the 9th Kelal of the  Laws of Esurei Rechilut (the 5th & 6th halachot) as that is the  appropriate place to explain these details.

The Chofetz Chaim reiterates that all 7 conditions must be fulfilled to permit speaking lashon harah.

Clall 10:5.... Understand clearly that within the context of these seven rules it makes no difference if the victimized Jew (who was robbed or  cheated or humiliated) asked the speaker to disclose the damages or  the shame that was done to him or ifhe did not ask (and the speaker  made the disclosure of his own accord), the disclosure would be  permitted. But if the speaker did not comply with the seven listed  rules, then even if he was asked to make the disclosure it would  not help (19) and the remarks would be forbidden. Even if the  speaker was a relative of the victimized Jew, the remarks would be  forbidden.

We see clearly that the Chofetz Chaim poskens that if a person's motivation is not because of desire to help others – he is not allowed to describe the bad things another has done. Therefore not only if his motivation is because of his anger at the assailant the Chofetz Chaim does not permit speaking and but even if it is anger mixed with a desire to help others.

Another proof that the Chofetz Chaim requires proper motivation to say lashon harah - even when it is beneficial is

In 10:3 the Chofetz Chaim notes
. And all of this is if the speaker is more virtuous than the offender, and does not commit the sins he is observing (and subsequently reporting). But if he (this observer) is a sinner just like him (13) and he suffers from the same sickness, meaning, he commits the same sins as the victim, then this observer is forbidden to publicize the victim's sins. Because this type of person, in publicizing the sins of the victim has no intention to do good and is not motivated by a sense of "Yir ' at Shamayim" \ a fear of Heaven. Instead this person is driven by a passion to be gleeful at the expense of someone else's suffering and degradation. The prophet Hoshea
addressed this mindset when he said (1 :4) "and I have remembered the blood of Yizre.'el shed by the House of Yehu." Even though Yehu was fulfilling Hashem's will to annihilate the monarchy of Achav in the Valley of Yizre'el, and he was complying with the prophet's instructions, and as a reward G-d granted four generations ofYehu and his descendents kingship over the ten tribes of Israel," nevertheless, ultimately the blood he shed in killing the House of
Achav was remembered and counted against him because Yehu himself was a blatant sinner.

Be'er Mayim Chayim

(KIO/3/1)-(13) 00 ifhe is a sinner just like him: This is a quote from Rabbeinu Yonah in the 3rd sha'ar of Shaare Teshuvah at the end of section #219. Even though he wrote this law in the context of someone who is outside the category of "your brother" because of the many sins committed between himself and G-d, it is obvious that this same rule also applies here in this subject. Rabbeinu Yonah writes that this person's remarks are forbidden because his entire motivation was to rejoice at someone else's pain and degradation. We have already explained this above at the end of the 10th notation specifically from the words of Rabbeinu Yonah, that
even in matters of interpersonal "crimes" if the speaker's motivation is to rejoice at someone else's suffering, then the remarks arc forbidden. 

Concerning the issue of being motivated by anger, the Chofetz Chaim notes in his discussion of rechilus that there is a major dispute between the Taz and the Sma whether one can defend another person by hitting the assailant when your motivation is from anger. The Sma say you can not while the Taz says it is obvious when helping another it doesn't matter what the motivation is. The Chofetz Chaim concludes that there is a dispute regarding hitting but for lashon harah even the Taz would agree that you can't speak lashon harah to benefit others if you do it from anger. He notes that is because it prevents the fullfilment of the conditions - in particular the sin will be exaggerated when the speaker is angry.

(ספר באר מים חיים - הלכות רכילות - כלל ט
(כח)

[הגה"ה - ודע דמה שכתבתי בפנים שלא יחסרו הפרטים הנ"ל, לכאורה הפרט הג', והוא שלא יעשה זה הדבר מצד שנאה, לא שייך רק לדברי הסמ"ע בח"מ בסי' תכ"א סקכ"ח, ע"ש שכתב דהיכא שהוא מצד שנאה אין נפטר במה שהוא מציל עי"ז את חברו, אבל לדברי הט"ז שם בד"ה כדי, שכתב כיון דהוא עושה מצוה בזה אין נפקא מינה בכונתו, לכאורה לא שייך הפרט הזה. אולם באמת כד דייקת גם הט"ז מודה דצריך כאן גם הפרט הזה, דאם יעשה הדבר מצד שנאה לא יושלמו גם שאר הפרטים, דבודאי יחשוב הדבר תיכף לענין רע ויגדיל העולה, ולא יסתכל גם כן אם יצא על ידי סיפורו יותר מכפי הדין, משא"כ בענין דמיירי הט"ז שם

However concerning rechilus the Chofetz Chaim does add a leniency that it is enough that the person tries to force himself to do it for benefit. In that case even though he can't remove the anger from his heart it is permitted to speak rechilus because of the need to fulfill the mitzva of not standing idly by the blood of another. Since the Chofetz Chaim states this leniency only in regards to rechilus and not lashon harah - it must be that it only applies to rechilus. Furthermore it is clear that if the person does not try to remove the anger - that it would be forbidden to speak lashon harah - even for beneficial reasons.

רכילות כלל ט' במ"ח ג''

ג) רק לתועלת. ה...ואין כוונתנו בפרט זה, דאם איננו מכוין לתועלת הוא פטור ממילא מלספר מחמת חשש איסור רכילות, דהלא לא תעמוד על דם רעך כתיב, ואף בענין ממון .... אך כונתנו שיכריח את עצמו בעת הסיפור לכוון לתועלת, ולא מצד שנאה, כי על ידי זה יגנדר על עצמו ממילא איסור רכילות.

In sum, the Chofetz Chaim says lashon harah even for helping others is not permitted unless 7 conditions are fulfilled. One of them is that the motivation needs to benefit others and not because be out of anger. (And in 10:3 the person speaker can not have transgressed the same sins as the perpetrator because his motivation would be wrong) If lashon harah - even if it serves a benefit but it is spoken out of anger or motivation other than being helpful - it is forbidden according to the Chofetz Chaim. Furthermore in the responsa literature these seven conditions of the Chofetz Chaim are not mentioned. Rather it says that speaking lashon harah for benefit (to'eles) is permitted. Thus it would seem that the view of the Chofetz Chaim is not accepted for halacha - despite his assertion to the contrary. It seems to serve primarily as mussar regarding desirable goals to strive for - but not whether particular cases are permitted or not.[ see Dr. Benny Brown's essay on the halachicization of mussar.]

 update
Minchas Asher (Vayikra 19:16) is bothered by a similar question. He concludes
see also lashon harah is character issue not issur

We see then that lashon harah is a concern of character and therefore the speaker's intent is critical in determining whether his words constitute lashon harah. With this principle we can understand the rule that whatever is spoken beneficially does not violate the prohibition of lashon harah – as stated by the Chofetz Chaim (Lashon Harah 3:3). In general we know that there are times when Torah prohibitions are set aside e.g., a positive commandment sets aside a negative one and more severe mitzvos displace lesser mitzvos etc. However this is different because lashon harah is not being displaced when the words are said beneficially. As we stated the prohibition of lashon harah is dependent upon whether it is a bad character trait. Therefore whenever the speaker's motivation is for the good and for benefit of his fellow man and not to hurt him – there is absolutely no issur of lashon harah. It is not that is is being displaced – it doesn't exist! If you examine the matter well it is clearly the correct explanation.

Additional support that lashon harah is primarily a prohibition of faulty character comes from the Chofetz Chaim. He writes that the heter to speak lashon harah for benefit only applies if the speaker doesn't intend to debase his fellow man – but if he means to speak negatively then it is prohibited even if is beneficial. He also writes that if he speaks negatively about a sinner and he himself is guilty of that sin – he does not have a heter to speak. These two halachos seem to contradict the principle that negative speech said for benefit is permitted because it isn't lashon harah. Why should it make a difference what the speaker's intent is and whether he is righteous or not? These apparent contraditions are removed if it accepted that the foundation of the prohibition of lashon harah is because of concern for the speaker's character. 

 update