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Reb Eliezer
Participant

ברכות יט,א

We have to be careful not to speak on the dead badly. They might have been punished already. Also, they are not here to defend themselves. Lashan hara applies infront of the person, if there is somone else there as you are ashaming him.
We find the story of the snake like round oven in Bava Metzia (59,2) where therr was a ruling, לא בשמים היא the Torah is not in heaven. The Deroshos Haran 7, explains that once the Torah was given down to earth, we must understand it with human understanding. Even though Rebbi Eliezer was mechaven to the truth, if the majority could not understand it, they could not follow it. Tosfas there asks the question, so why rely on the bas kol to pasken like Beis Hilel. Tosfas answers that there the bas kol agreed with their human understanding. The Beis Shamai were sharper, greater in quality and the Beis Hilel was greater in quantity, by the number of people, so the Torah is telling us that more people’s views brings to a better understanding.
See the Chinuch 496 where Hashem said that they have won Me over. They are willing to set aside the truth to protect the Torah by following the majority for the greater good.