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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 4

Gemara Pesachim cited above and it most certainly is permissible to hate
this person. But even so, he writes that “One should chastise this person
privately (who committed the sin) and not publicly embarrass him,” as the
pasuk teaches (Vayikrah 19:16) “rebuke your fellow Jew but don’t come
to sin because of him.”

Therefore, even though the Torah permits hating this person, that he is not
in the category of “your brother” and therefore the Torah characterizes him
as your enemy, still, it is forbidden to go and actively find ways to hurt this
person, meaning to shame him. It is also forbidden for one to go out and
publicly denigrate this person because regarding his offense he is not out
of the category of “your fellow Jew,” and the Torah allows you only to hate
him and not do any more than this. So also this is the applicable law that
pertains to someone who violated a law that is not generally known to be
forbidden but proper warning was given to this person. Then even though
it is permissible to hate him, nevertheless, regarding the subject of Lashon
Hara, the law is as I stated it above.

Understand that the language used by the Rambam to explain the law when
he wrote that “He was warned not to commit the sin that he was about to
commit, but that he sinned anyway,” was not explicitly mentioned in the
gemara cited above (Pesachim 113b), but that the gemara was referring
to the adulterous act committed by Tuvia (and witnessed by Zeegood),
and that this was a glaring sin (commonly known by all of society to
be a sin). Rabbeinu Yonah also referred to this circumstance in Shaare
Teshuvah section #219. The intention of the Rambam was to include other
transgressions which are not as well known but for which it would be
permissible for the person who witnessed the sin to hate the person who
committed the sin. That is why the Rambam added the language “He was
first warned” but nevertheless he did not stop and he did commit the sin.

(4/4/3)-(15). even if this person was not present when this
disclosure was: And certainly if the disclosure was made in his presence,

G‑d forbid, and he was embarrassed in the presence of other people as
well, then the one who made this disclosure is now very liable himself
for being labeled as violating the law of “one who embarrasses his fellow
Jew publicly has no share in Olam Haba,” if the sinner himself repented
and did sincere Teshuvah before G‑d with a heart embittered at having
committed the sin.

Understand, that regarding others who disclosed to you the transgression
made by this typical person, the issue now is whether or not one may

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