Reply To: Hilchos Shmiras Haloshon

In order for it to be permissible to speak Loshon Hora about someone who falls in the category described above, the following conditions are necessary:

1. He had to have actually SEEN him doing the aveiros (the aveiros that placed him in the above category of someone about whom it is permissible to speak L”H), and not just heard about it from others unless he is “mischazek” in the city as an evil person due to the evil reports which are constantly going out against him.

2. If they are not things that are clearly forbidden, he must delve into the matter well to determine if the actions were clearly sins according to the Torah. He is not allowed to come to an immediate conclusion in this matter.

3. He is not allowed to exagerate the aveira at all.

4. His intention must be for a constructive purpose, that is: in order to distance others from an eveil path when they hear how sinners are debased, and perhaps he himself (the person being spoken about) will do Teshuva when he hears how he is debased for this, but the one speaking can not intend to gain enjoyment from this and he can not be speaking from hatred, but rather from truth.