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Sefer Chafetz Chayim םייח ץפח רפס
Hilchot Esurei Lashon Hara ערה ןושל ירוסיא תוכלה
Kelal Yud - Halachah 1 א הכלה - י ללכ

states it is that (this type of response by society towards this sinner only
applies in matters between man‑and‑G‑d, but) in interpersonal matters
between man‑and‑man, even if the offender was rebuked and it had no
effect, it still would be forbidden to publicize his sin. And in this regard
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the Rambam disagrees with the opinion of Rabbeinu Yonah (Although 'י ללכּ
the Rambam would permit rebuking his “friend” privately, he would not
permit the public disclosure of an interpersonal sin).
However, in matters of theft or cheating or damages (physical or monetary), ןיֵבֶּשׁ ,ערָָה ןוֹשׁל ןִמ םיִטרָפּ תַצקְ רַאֹבי הז ללכבּ
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if it is not possible to restore the victim’s loss except by publicly announcing
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the crime and thereby forcing the sinner to restore the loss (by the force ,קַשָׁע וֹא ,וֹרֵבֲחל לזגּ דָחֶא םִא וּניַהדּ ,וֹרֵבֲחל םדָא
of public pressure), then most certainly society is obligated to do so and ,וֹפרְֵח וֹא ,וֹקָשׁע וֹא ,וֹתוֹא לזגּ דָחֶא וֹא ,הזבּ אֵצוֹיּכו
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this public disclosure is totally immune from the esur of Lashon Hara or
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Rechilut, as I will explain further on, with G‑d’s help, in discussing the ז"י וֹבוּ ,םיִשׁנֲאל הז רבדּ תוֹלּגל רתּמ ןֶפֹא הזיֵאבּ
laws of Esurei Rechilut.
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The Rambam had no intention of being stringent in this circumstance.
But everything we have said (regarding the Rambam’s disagreement with
Rabbeinu Yonah) is only in a circumstance where the end result (namely,
the recovery of the loss) cannot be achieved and (the disclosure) will only
cause people to pointlessly talk about him. According to the opinion of םייחה רוקמ
Rabbeinu Yonah it is permitted (to publicize the sins of this person and
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humiliate him and insult him to his face) as the Shetah Mekubetzet writes ,םינינִעהֵמ ערָה ןוֹשׁל ןידּ וּנרְאבּ 'ד ללכִבּ ליֵעל הנִּה
in Gemara Babba Batra (39b) quoting Rabbeinu Yonah, as I will quote this
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law further on. ןידּ ראבל 'ה תרַזעבּ ליִחְתנ הָתּעו ,םוֹקמּל םדא ןיבֶּשׁ
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However, the implication of the Rambam is that it is forbidden (to publicize ללכִבּ וּהוּנקְלִּחו ,וֹרבחל םדא ןיבֶּשׁ ,םינינִעהֵמ ערָה ןוֹשׁל
this person’s sin) even if after rebuking him he still would not change his evil
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ways. Because if this was not so, then what case was the Rambam coming ,םינינִע הבּרְהבּ אנידִל הנַּתְּשׁנ אוּה יִכּ רוּבֲע ,וֹמצע ינְפִבּ
to exclude in publicizing this person’s sins that were committed against a .תעדּ םדאל ןנוֹחה תרַזעבּ יִלחה הזו
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fellow Jew? Therefore based on the conclusion of the Lechem Mishneh
at the end of the reference that begins with the words “one who rebukes”
the Rambam’s intention was (to establish the law), that in interpersonal .בא 'ח ,'ב רדא ז"כ ,ולסכ ח"י - תרבועמ הנש .בא ד"י ,ןסינ ד"י ,ולסכ ד"י - הטושפ הנש :ימוי חול
matters it is permitted to shame this person privately as long as he has not
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done Teshuvah, but in matters of crimes \ sins committed by this person ןוֹגכּ ,וֹרבחל הלוע הָשׂעֶשׁ ,םדא הארָ דחא םִא )א( .א
against G‑d it would be permitted to even shame him publicly (please see
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that reference in the Lechem Mishneh). This approach also provides us )ב( קזּנּהו לזגנּה םִא ןיבּ ,וֹקיזִּה וֹא וֹקָשֲׁע וֹא וֹלזגֶּשׁ
with a partial answer to our question, namely this is the opinion of the וֹתוֹא הנוֹהו וֹרֲעִצֶּשׁ וֹא ,וֹשׁיִּבֶּשׁ וֹא .אלֹ וֹא הזִּמ םיִעדְוֹי
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Rambam: In matters between man‑and‑G‑d someone could even shame
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this person publicly. But that which he wrote, “it is permitted to publicize הלזגּה תא וֹל ביִשׁה אלֶֹּשׁ ,רוּרבבּ וֹל עדַוֹנו )ג( .םירִָבדְִבּ
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this person’s sin” applies even in interpersonal matters. This approach
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follows the opinion of the Lechem Mishneh, that one is compelled to לע וֹל ריִבֲעהל וינפּ שֵׁקִּבּ אלֹו )ד( וֹקְזִנ תֶא וֹל םֵלִּשׁ אלְֹו
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