I want to suggest an answer to a question that was raised in the Mir Yeshiva in NY on the Chafez Chaim. concerning the laws of Lashon Hara. I think the law of אפי תלתא [Lashon Hara said in front of three people can be spread further because it is already public] really has to mean that the Lashon Hara is said in front of three people. That does not include the speaker. I think this is really the intent of the law. Yet as far as I recall Rav Israel Meir HaKoken [the Chafez Chaim] allows this even when the speaker is one of the three. I believe he is basing this קולא on the fact that מחאה [objecting to a person that has occupied his property illegally] needs to be said only in front on two people.[and the Gemara compares the two laws] He is I think allowing this because in any case he is being strict about this law in saying that it applies only to אבק לשון הרע. So to make up for one חומרא [being strict in one thing] he is adding one קולא [being lenient in another].
The basic question on the Chafez Chaim is this. He allows the קולא of אפי תלתא (in front of three) that is: if one has said slander in front of three people, then any one of the three can go on and spread it further. The one who said it is included. The question is this: Tell the one who is asking the question not to spread it, and then there will no longer be three people spreading the slander.
My reasoning here is simple. If you look at the Gemara you will see באפי תלתא [in front of three] has to mean in front of three other people. So on the law itself there is no question. The only question is on the Chafez Chaim. And my answer is as I mentioned up above.
Furthermore on a different note I want to suggest that the rishonim that allow straightforward "in front of three" if it is true [not just the "dust of Lashon Hara"] are all deciding the law like Rabbainu Yona in the Shaari Teshuva that there is no Lashon Hara on truth unless it is because of collateral damage. Otherwise, I can not see why they would all allow it to be spread further just because of באפי תלתא [in front of three].[That would seem to make it worse.]
However if lashon hara for truth is allowed anyway, then why would you need באפי תלתא? So maybe the whole thing really just applies to the dust of lashon hara and that lashon hara on truth is forbidden without all the seven conditions for בין אדם לחבירו and the other conditions for בין אדם למקום
I imagine to answer this question you have to say that the whole thing about אפי תלתא is to say that you can repeat what you heard and it has nothing to do with information you know first hand.
The basic question on the Chafez Chaim is this. He allows the קולא of אפי תלתא (in front of three) that is: if one has said slander in front of three people, then any one of the three can go on and spread it further. The one who said it is included. The question is this: Tell the one who is asking the question not to spread it, and then there will no longer be three people spreading the slander.
My reasoning here is simple. If you look at the Gemara you will see באפי תלתא [in front of three] has to mean in front of three other people. So on the law itself there is no question. The only question is on the Chafez Chaim. And my answer is as I mentioned up above.
Furthermore on a different note I want to suggest that the rishonim that allow straightforward "in front of three" if it is true [not just the "dust of Lashon Hara"] are all deciding the law like Rabbainu Yona in the Shaari Teshuva that there is no Lashon Hara on truth unless it is because of collateral damage. Otherwise, I can not see why they would all allow it to be spread further just because of באפי תלתא [in front of three].[That would seem to make it worse.]
However if lashon hara for truth is allowed anyway, then why would you need באפי תלתא? So maybe the whole thing really just applies to the dust of lashon hara and that lashon hara on truth is forbidden without all the seven conditions for בין אדם לחבירו and the other conditions for בין אדם למקום
I imagine to answer this question you have to say that the whole thing about אפי תלתא is to say that you can repeat what you heard and it has nothing to do with information you know first hand.
