do such-and-such—you disparage him in his absence. That is why it is called “backbiting”: it is spoken while the person is away. Were you to utter the same words to his face, it would be deemed insult and abuse, not backbiting.
The Prophet ﷺ said, “If what you say about him is true, you have backbitten him; and if it is not, you have slandered him.” In other words, you have slandered him in addition to backbiting him, and the second part was left unspoken because it is obvious.
A similar ellipsis appears in his ﷺ remark one day: “How I wish we could meet our brothers.” The Companions asked, “Messenger of Allah, are we not your brothers?” He replied, “No, you are my Companions. Our brothers are those who will come after me, believe in me, yet will not have seen me.” His saying, “You are my Companions,” does not revoke their brotherhood; rather, the Companions are both his brothers and his Companions, whereas those who come later are his brothers but not his Companions. Thus, omitting the implied phrase “and you are my brothers” is perfectly acceptable. Anyone who attributes to a person what he does not possess has slandered him; it is not merely backbiting, but both backbiting and slander.
Know that the ugliness and sinfulness of backbiting increase in proportion to its consequences. Backbiting an ordinary Muslim is not like backbiting a scholar, a ruler, a director, a minister, and the like. Reviling those who hold any degree of authority—great or small—is more serious than reviling someone with no responsibility, for when you backbite an ordinary person you wrong him alone, but when you backbite someone entrusted with the affairs of Muslims you wrong him and the charge he oversees.
Suppose, for instance, that you malign a scholar. Undoubtedly that is a personal offense against him, as with any Muslim, yet you also inflict grave harm upon the Sharia he carries. A scholar conveys the divine law; if you slander him he will fall from people’s esteem. Once they no longer hold him in regard, they will not accept his words, nor come to him for guidance in matters of their religion, and the truths he advocates will become suspect in their eyes because of your backbiting. That is a serious crime