Was Joseph's bad report on his brothers evidence or simply damaging?

Question

"Joseph, being seventeen years old, was feeding the flock with his brethren, being still a lad even with the sons of Bilhah, and with the sons of Zilpah, his father's wives; and Joseph brought evil report of them unto their father." Genesis 37:2 (JPS).

From contemporary views on halacha it seems that it would be bad to report, 'speak lashon hara' about anyone even if the issue is a true wrongoding. While the Torah seems to suggest that we are sometimes required to present evidence of bad behavior to a judge. Was Joseph speaking lashon hara or was he simply giving a factual report to his father, the Judge, about something gone bad?

Answer 1

The Shalo Hakadosh (Parshas Vayeshiev) writes that from the words "ויבא יוסף את דיבתם רעה" (Yaakov brought evil reports to his father), it seems that Yosef did not fabricate these stories (otherwise it should have said he "made up" the reports).

The Midrash relates that Yosef would tell his father that his brothers were guilty of eating meat that was not slaughtered and engaging in forbidden relationships with women. The Shalo questions how if such stories were true, it could be reconciled with the fact that all twelve sons of Yaakov were holy and righteous.

He brings a fascinating explanation: The brothers would use the secrets of Sefer Yetzirah to create artifical animals and women (golems), which halachically did not require to be slaughtered and were not considered human beings to transgress the laws of illicit relationships. Thus they did not actually transgress anything, but Yosef mistaking them for real people and animals would inform their father. The Chofetz Chaim quotes this story as an illustration of how careful one must be to judge another favorably and avoid lashon hara.