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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 5

Be’er Mayim Chayim

(4/5/1)-(23)..if this witness sees: The basis for this law is found in

Gemara Pesachim (113b) regarding the incident involving the solitary
witness, Zeegood, who gave testimony against Tuvia (please see that
reference). Rabbeinu Yonah wrote in section #219 as follows: “If
this person (the sinner) is a foolish type whose nature is to repeatedly
commit foolish mistakes, then it is appropriate to report his actions to the
judicial authorities who will then chastise this person and stop him from
committing further transgressions.” In explanation of this, based on what
was said here in this halacha, namely that if this person is not reprimanded
or chastised by those people who are important and influential in society,
it is possible that this person will continue his lifestyle of repeatedly
committing his foolishness. And don’t say that Rabbeinu Yonah’s is
referring to someone who has already violated an esur several times. This
cannot be Rabbeinu Yonah’s intent because that person would no longer be
included in the category of “your fellow Jew” since his actions are known
by all of Jewish society to be sinful, as he brought down in the beginning
of this section. In that reference Rabbeinu Yonah wrote: “However if this
person committed adultery or a similar immorality etc.,” in such a case
it is a mitzvah to publicly disclose his actions and there is no halachic
reason to (withhold the disclosure and) protect this person’s honor, as
Rabbeinu Yonah wrote in section #218 and #219. Knowing this, what
was the basis for Rabbeinu Yonah to only allow making the disclosure
specifically to the city’s judicial authorities? Moreover,20 it is well known
to those who carefully study these laws regarding the disclosure to the
judicial authorities, and what Rabbeinu Yonah wrote later on, “but if he
is a solitary witness, etc.,” is actually the same law that he subsequently
wrote in section #22021 (meaning, that as a solitary witness he may not give

20 Meaning, a further proof that Rabbeinu Yonah is referring to a foolish person
who is not careful to avoid transgressing a sin and he is not referring to a
person who is no longer in the category of “your fellow Jew,” is because the
observer is allowed to disclose what he saw only to the city’s judges who will
then discretely chastise this foolish person. But the observer is not permitted
to publicly disclose what he saw, which would have been the case if this
person’s actions demonstrated he was a Rasha, and the observer would have
immediately publicized his behavior.

21 Rabbeinu Yonah Shaare Teshuvah, 3rd sha’ar Section #219 (in part): Shelomo
HaMelech teaches in Mishle (24: 28-29) ‘Do not become a pointless witness

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