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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 4

did so unintentionally, the applicable law for this person will be explained
below in 7th halacha of this Kelal. (Please see that reference).

(4/3/3)-(11) .. or that he did not know: Apart from what I wrote

above, that the basis for this law evolves from Rabbeinu Yonah, it is also
found in Shulchan Aruch Chosen Mishpat section #34 paragraph #24
(please see that reference) regarding qualities that would disqualify a
person from being a witness, that this person would not be disqualified
as a witness for this reason because we can assume he did not know the
action he performed was a sin. And certainly regarding this discussion of
Lashon Hara this is true, as explained by the Chavot Yair in section #62
where he states that that the law is significantly more stringent regarding
the qualifications to be a witness. (Please see that reference).

(4/3/4)-(12) ..even someone who saw him: Meaning two people,

because if only one person saw this person, disclosure would in any
case be forbidden, as will be explained in the following halacha. And
that which I wrote above “transgresses this law several times” is evident
from Rabbeinu Yonah’s Shaare Teshuvah in section #219 that disclosure
is not permitted even when this person committed this sin several times
except in an instance where all of Jewish society knows that this action is
a sin. (Please reference that citation). Notwithstanding this, this law is
obvious.

Mekor Hachayim

K4/4. However, if it is apparent to them (13) that this sinner knew

that what he was doing was wrong and that his sin was committed
intentionally, for example, committing adultery or eating things that
are forbidden, etc., and that these sins are common knowledge (14)
among all Jews, then disclosure of his actions is conditional. If he
is a typical Jew in all other respects who is generally observant and
avoids most sins, and here we saw him violate a mitzvah privately
only once, then disclosure of his actions to others would be forbidden
even if this person was not present when this disclosure was made
(15). And if it was disclosed, then the person who disclosed it is
committing a serious crime in this respect because it is possible
this person repented and is pained by thoughts of his sin and has
thus been forgiven by Hashem, since the essence of Teshuvah is

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