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Sefer Chafetz Chayim 6
Hilchot Esurei Lashon Hara
Kelal Dalet - Halachah 3
And don’t challenge this based on what was written earlier in the Mekor
Chayim that it is forbidden to denigrate someone for this mode of
behavior because Rava was addressing someone who publicly violated the
enactment of the Chachamim and his actions became public knowledge, as
the gemara stated there “When the number of sinners began to increase.”16
Or Rava was talking about an instance where this person violated a
rabbinical enactment many times, and because of this it was appropriate
and a mitzvah to publicly denigrate him since by virtue of his actions this
person demonstrated he has no concern for or fear of heaven, as will be
further elaborated in coming the 7th halacha.
(4/2/4)-(8) Nevertheless this kind of a disclosure is forbidden.:
A clear proof to this concept can be brought from Gemara Babba Batra
(164b) regarding a “Shtar MeKushar” (a contract that was folded over
and sewn up in a particular way into a scroll). Rebbe Shimon the son
of Rebbe showed a Shtar Mekushar to his father who commented it was
not written properly (and he identified the person who wrote it) to which
Rebbe responded to Rebbe Shimon, “Stop speaking Lashon Hara.” From
this, the gemara comments that Rebbe Shimon’s remark met the criteria
for Lashon Hara. Please reference the commentary of the Rashbam there
in the citation beginning with the words “He saw that it was defective,”
and from this exchange in the gemara one can deduce that if one remarked
that someone violated other Rabbinic enactments it would be even more
obvious that those remarks constituted Lashon Hara.17 And don’t reject
this proof by arguing that on the contrary, because the violation was serious
one would be able to disclose this type of behavior in someone else. This
cannot be, since Rabbeinu Yonah in Shaare Teshuvah, (3rd sha’ar) section
# 219 commented that even an action that is strictly forbidden from the
Torah, for example an action that is adulterous, may not be disclosed based
solely on the testimony of one witness, as is taught in Gemara Pesachim
(113b).
Daily Halacha: 12 Cheshvan, 11 Adar, 11 Tammuz; Leap Year- 12 Cheshvan, 21 Adar I, 1 Tammuz
Mekor Hachayim
K4/3. However, this law can be divided into specific details
16 Gemara Shabbat 40a, as also cited in the 8th Kelal, 7th halacha.
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