Joseph, have you done teshuva since the threads on the Kushners? BTW, the laws of LH also apply to tinnokot shenishbu and certainly where you do not know if the Jew is observant. It is technically permitted regarding gentiles and Jews who are evil doers (and that includes any aveira which is generally known as well as baalei machloket – see Sefer Chafetz Chaim ch.8). However, it is not a good habit to develop as one will come to say it about observant Jews (Tanna d’bei Eliahu discusses this and see Devarim Rabba Ki Titzei 6:9 with Radal, Sheilta 28:1, Orchot Chaim of the Rosh 83 with Rav Yehezkel Sarna, Rav Binyamin Zilber, Rav Menashe Klein and Rav Chaim Kanievsky,, Responsa Az Nidbaru 14:69:4 and Hut HaShani Hilchot Shemirat HaLashon p. 357). Not to mention that the fact that there will be a chillul Hashem if it is discovered.
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