Page 141 - VOL-2
P. 141

Sefer Chafetz Chayim
                                    Hilchot Esurei Lashon Hara

                                           Kelal Gimal - Halachah 8

               the 20th notation of the Be’er Mayim Chayim where I brought other clear,
               explicit proofs to this concept from the incident involving Doeg Edomi.
               When one rigorously studies this subject he will discover that nearly all
               of the stories described in the Torah (teach this lesson), for example the
               stories of the spies sent to scout Eretz Yisrael, please see the Ramban’s
               commentary on the Torah (Bamidbar 13:14) and also the story of Yosef.
               Please also see the commentary of the Shelah (Shneh LuChaut HaBrit,
               perashat VaYeshev), all of these references deal with this issue. Please
               see what we wrote further on in the second half of this sefer (dealing
               with the laws of Rechilut) in the 5th Kelal, in the 8th notation of the B’eer
               Mayim Chayim. With these examples you will come to understand what
               we’ve written when we said “the situation tilted more towards the side of
               innocence”

                                           Mekor Hachayim

            K3/8. And even if the incident tilts more towards the side of

              culpability and that from the perspective of law it would not be
              forbidden if this person was judged unfavorably, meaning the
              observer \ speaker decided for himself that this person violated the
              law (12), still one may not rush to publicly denigrate this person
              because of what he did unless this speaker complies with all of the
              conditions that will be described further on in the 4th, 5th and 10th
              Kelalim since there are many circumstances where this person can
              behave in a way that is contrary to the law and still it would be
              forbidden to defame him because of his behavior as it will become
              apparent to the person who carefully reads through these rules.

                                        Be’er Mayim Chayim

             (3/8/1)-(12).. the observer \ speaker decided for himself that
             this person violated the law: Most certainly one should not say that

               the intent of Rabbeinu Yonah in Sha’are Teshuvah section #218 (cited
               above) was to permit this person’s (the “victim’s”) doings to be publicly
               disclosed, because if that was so he would be contradicting himself, since
               in section #215 he writes “and understand clearly that if one sees (someone
               committing an esur and reports it publicly)…it is a serious sin” and here

   131
volume 2
   136   137   138   139   140   141   142   143   144   145   146