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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 4

proof supporting what I’ve said and in any event one is not permitted to
disclose any more than what I have written

Be’er Mayim Chayim

(4/4/1)-(13) ..if it is apparent to them: This entire sub-paragraph

has been extracted from Rabbeinu Yonah’s Shaare Teshuvah, (3rd sha’ar)
sections #215, #218 and #219. Please review those sections carefully as
well as section #220.

(4/4/2)-(14) ..that these sins are common knowledge: It appears

that this same law applies to sins that are not common knowledge but
for which there was prior warning. Although the Rambam writes this in
Hilchot Rau’tzayach (the Laws Pertaining to a Murderer) (at the end of the
13th chapter) and it is cited in Shulchan Aruch Choshen Mishpat (Hilchot
Perikah Vehte’eey’nah, in section 272, paragraph #11), that in such cases
the Torah which teaches us (Shemot 23:5) “when you see your enemy’s
mule faltering under its load … etc,” (i.e., one may hate this person)
nevertheless, it seems to me that this “enemy” is still in the category of
“your fellow Jew” as long as he has not routinely committed a sin which
was the cause for him to be called an “enemy” (one may hate such a person
in one’s heart but may not speak Lashon Hara about him and must assist
him to load and unload his animals) as this will be discussed further on in
the 7th halacha of this Kelal.

A support to this law comes from Rabbeinu Yonah in the cited section
(#215) where he writes that “It is inappropriate to disclose this action
except to a Chacham who is known to be discrete, etc…but one must
distance himself from this person, etc.” and it is obvious that the source
for this law comes from Gemara Pesachim (113b) in the discussion of “is it
permissible (for someone who saw the student committing a sin) to tell his
rebbe to hate him.” Even so the implication from Rabbeinu Yonah is that
this person is still considered as being “your fellow Jew” and it is forbidden
to disclose his actions to others. That is also the implication further on in
section #219, that even if the nature of this person is to repeat over again
the sins he committed and that because of his sin and his nature one must
disclose this information to the city’s authorities, nevertheless this person
is still in the category of your “fellow Jew” and his actions cannot be
disclosed to others. That is also the implication further on in section # 220,
which one who studies this carefully will see is entirely extracted from the

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volume 2