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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 2

way that is appropriate to his means, since this service of honoring
Shabbat is part of the mitzvah of (Shemot 20:8) “Remember the
Shabbat to keep it holy,” as the Sefer Chareidim states (13th perek,
2nd paragraph). Or even in the context of a rabbinically-mandated
law that specified such-and-such may not be done as a first choice
(7) but this person did do it as a first choice, and someone disclosed
this person’s behavior, even if the disclosure was made not in the
presence of this person and the disclosure is truthful and that the
speaker himself saw this person do it, nevertheless this kind of a
disclosure is forbidden (8).

Be’er Mayim Chayim

(4/2/1)-(5)..not careful to observe: This will be proven from an

obvious conclusion of the gemara that I will bring shortly in the 8th notation
of the Be’er Mayim Chayim (referencing Gemara Babba Batra 164b).

(4/2/2)-(6)..does not want to learn Torah: Even though this person

has accustomed himself not to learn, nevertheless it is forbidden (to
disclose his behavior). Rabbeinu Yonah (in section #219) did not permit
this type of disclosure except in instances where this type of behavior is
generally known throughout society to be a sin and the transgression is
one that is serious to the extent that it demonstrates this person has no
fear of heaven14 and therefore this person is not in the realm of “your
brother” \ “your fellow Jew.” However this “sin” of not wanting to learn
is not in this serious category. In today’s society (because of the many
sins of society) there is a weakness in Torah learning. People mistakenly
believe because of the great effort necessary to make a living this person
is absolved of his responsibility to learn Torah. (Society also mistakenly
believes that) There are other leniencies as well that apply to this person’s
learning because of his involvement in earning a livelihood. Therefore no
such disclosure can be made about this person and if this disclosure was
made it would be Lashon Hara even if it was true.

On this subject, it is necessary to approach this person privately and talk to
him (to rebuke him) about the need to learn and make him understand that
the leniency that would absolve him from learning is only a rationalization
of his Yetzer Hara (that convinced him he has no time or ability to learn).
However, the law is that everyone must learn, even an impoverished person

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