Is it forbidden to speak lashon hara about the dead?

Hello, 

1. It is brought in the Mordechai on Tractate Yoma (siman 624) that there is an ordinance of our early sages, and a ban, not to speak slander about the dead, who are dwellers of the dust, and there he brought support for this from Midrash Tanchuma (Parashat Vaetchanan, section 6). Likewise, the Shulchan Aruch, Orach Chaim (siman 606, seif 3), writes that there is an ordinance of our early sages, and a ban, not to speak slander about the dead, and the Mishnah Berurah (subsection 16) writes that therefore one must do teshuvah for having violated the ban. See also the Rema, Choshen Mishpat (siman 420, seif 38), who wrote that one who speaks badly about the dwellers of the dust must accept upon himself fasts and teshuvah, and monetary punishment as the court sees fit. And if they are buried nearby, he should go to their graves and ask forgiveness from them. If they are far away, he should send his agent there. See further in Kaf HaChaim (siman 606, letter 49), where it is explained that ten men should be taken to his grave and forgiveness should be requested from him. There is also a prohibition against speaking lashon hara about the dead even when it is true, but the aforementioned ban instituted by the early sages applies only to one who speaks slander, that is, things that are not true at all, about the dead (Responsa Az Nidberu, volume 14, siman 68, and Hagaon Rav Chaim Kanievsky zt"l in the book Derech Sichah, volume 1, page 430). However, the prohibition applies specifically when one tells new slander about the dead, since the dead cannot deny it and establish their innocence; therefore they decreed this with a ban. But if that person’s sins were already known during his lifetime, and one is not bringing new slander against him, there is no ban in this (the Munkacs Rebbe zt"l in the book Nimukei Orach Chaim, siman 606, letter 1, and Hagaon Rav Nissim Karelitz zt"l in the book Chut Shani, Yom Kippur, page 106). 

2. No, that is not correct, because it is written in Tractate Berachot (page 19a): Rabbi Yitzchak said, anyone who speaks after the dead, meaning in derogatory terms about the dead after his death, is like one who speaks after a stone. Some say they do not know, meaning that the dead do not know that people are speaking disparagingly about them; and some say they know and are not bothered, meaning that they know when people speak disparagingly about them, but it does not bother them. See there. 

With blessings, Hillel Meirs