Ketuboth page 46 as brought in the Hafetz Haim says מוציא שם רע (One who brings a evil name on his bride.) (Note 1) gets lashes because of לא תלך רכיל (Thou shalt not go about as a tale bearer among your people.). I wonder why. Is not לאו שבכללות (a prohibition that includes more than one thing.)?(note 2) Also a לאו שאין בו מעשה (a prohibition that is not an act but rather a word.)? In my little booklet on Shas I remember I wrote something about לאו שבכללות (a prohibition that includes more than one thing) that also over there in Sanhedrin was not clear when you say it and when you don't.
The person that noticed that is my learning partner but I did mention his name because he said not to bring up his name
The gemara over there gives the exceptions and certainly lashon hara is not one of them!
I also wanted to mention that in the Mir Yeshiva in NY they asked about באפי תלתא this question: who is asking? One of the three! So just tell him not to spread the lashon hara any further and then there will not be three that are making it known. I think the Hafetz Haim himself meant to avoid this problem when he brings the idea that the whole permission of באפי תלתא does not apply if any one of the three are a ירא שמים
(Note 1 ) One who brings a evil name on his bride. He thinks she was not a virgin.
(Note 2) a prohibition that includes more than one thing does not get lashes. And לא תלך רכיל includes lashon hara and rekilut.
The person that noticed that is my learning partner but I did mention his name because he said not to bring up his name
The gemara over there gives the exceptions and certainly lashon hara is not one of them!
I also wanted to mention that in the Mir Yeshiva in NY they asked about באפי תלתא this question: who is asking? One of the three! So just tell him not to spread the lashon hara any further and then there will not be three that are making it known. I think the Hafetz Haim himself meant to avoid this problem when he brings the idea that the whole permission of באפי תלתא does not apply if any one of the three are a ירא שמים
(Note 1 ) One who brings a evil name on his bride. He thinks she was not a virgin.
(Note 2) a prohibition that includes more than one thing does not get lashes. And לא תלך רכיל includes lashon hara and rekilut.