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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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