״שָׁמֹעַ בֵּין אֲחֵיכֶם וּשְׁפַטְתֶּם״ – אָמַר רַבִּי חֲנִינָא: אַזְהָרָה לַדַּיָּין שֶׁלֹּא יִשְׁמַע דִּבְרֵי בַּעַל דִּין קוֹדֶם שֶׁיָּבֹא בַּעַל דִּין חֲבֵירוֹ, וְאַזְהָרָה לְבַעַל דִּין שֶׁלֹּא יַטְעִים דְּבָרָיו לַדַּיָּין קוֹדֶם שֶׁיָּבֹא בַּעַל דִּין חֲבֵירוֹ. קְרִי בֵּיהּ נָמֵי: ״שַׁמַּע בֵּין אֲחֵיכֶם״. רַב כָּהֲנָא אָמַר: מֵהָכָא, מִ״לֹּא תִשָּׂא״ – לֹא תַשִּׂיא.
“Hear the causes between your brethren, and judge,” Rabbi Ḥanina says: This is a warning to a court that it may not hear the statement of one litigant before the other litigant comes, and it is a warning to a litigant that he may not explain his statement to the judge before the other litigant comes. Read into the phrase in the verse: “Hear the causes between your brethren,” that it is also concerning the litigant. Rav Kahana says the litigant’s responsibility may be derived from here: From “you shall not bear [tissa] a false report” (Exodus 23:1) -- You shall not deliver [tassi] a false report, conjugated so that it addresses the litigants and the witnesses.
And Rav Sheshet further said, citing Rabbi Elazar ben Azarya: Anyone who speaks slander, and anyone who accepts and believes the slander he hears, and anyone who testifies falsely about another, it is fitting to throw him to the dogs, as it is stated: “And you shall not eat any flesh that is torn of beasts in the field, you shall cast it to the dogs” (Exodus 22:30), and afterward it is written: “You shall not utter [tisa] a false report...” (Exodus 23:1). Furthermore, read into the verse as though it stated: Do not cause a false report to be accepted [tasi], i.e., do not lead others to accept your false reports.
Question: Why does the Torah refer to Lashon Hara as a "false report", when it often contains truth?
A) The term "שוא" may mean "evil" rather than "false". Because the Torah views evil speech as vulgar, repugnant, and forbidden, it is always considered "שוא" or "in vain".
B) חפץ חיים - There is always something untruthful thrown into disparaging speech, embellished by the speaker, since the one being spoken about is not present to refute the claims.