This chapter talks about the concept of “apei tilasa” which literally means “in front of 3” this refers to an ambiguous leniency in the laws of lashon hara. It is based on a Gemara in Bava Basra 39a, in the name of Rabba bar Rav Huna who says that anything said in front of 3 people is not considered lashon hara. The Chofetz Chaim makes it very clear that the bigger the crown the worse the lashon hara is. He proves it through logic and sources in the Sifri and other gemaras.
The Chofetz Chaim spends a lot of time elaborating on explaining what the Gemara in Bava Basra is talking about, going through all the Rishonim in order so that no one will be mistakenly think that it is straight out permissible to talk lashon hara in front of 3 people with no strings attached.
He starts with the Rashbam who says that it is certainly prohibited to say anything bad about anyone in front of 3 but once it was said any one of the 3 can repeat it to the one it was talked about because since it was said in front of 3 it is definite that it will get back to him anyway. I had a question why it would be permitted to tell the guy talked about since we learned that reinforcing what he already know is still bad like rubbing salt on an open wound?
Tosfos on 39b sounds like he is saying that even the one speaking the lashon hara is permitted in front of at least 3 because since word spreads n that dynamic it is like he said it to his face. The Chofetz Chaim had a lot of difficulty understanding what this means since you certainly can’t lie, that is motzie Shem ra, and even the truth, if said to his face is forbidden and a person who causes a public embarrassment has no share in the World to Come! Just calling him names has the same issue and even if we say if a guy is insulted he is allowed to insult back, so if he hears what the speaker said and told 3 people a response so they can now report it back to the speaker. That also doesn’t work because one can only respond to being insulted in public and to the guys face at the moment of insult and this is after the fact even if his response is considered to the insulter’s face, it is still lashon hara because the timing is off. So we are left with not understanding what Tosfos is saying and when exactly does the leniency of apei tlasa apply, to be continued…