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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 5

testimony in court) and both laws22 have their basis in Gemara Pesachim
(113b), mentioned above. Please reference this citation (section #220)
where he further writes that “If there was a second witness with him, then
the court could listen to their testimony, but the court may not publicly
embarrass this person,” as the pasuk teaches (Vayikrah 19:17) “Rebuke
your fellow Jew but don’t come to sin because of him.” And if Rabbeinu
Yonah’s intention in what he wrote, “that if this person continued to
commit sin” means that he repeatedly violated the Torah’s laws, then he
is considered to be a mumar (an apostate) in this regard, he is considered
to be a person who defies Hashem’s Torah regarding this sin and is no
longer considered to be “your fellow Jew,” as Rabbeinu Yonah writes there
and in section #218. Concerning this, the Rambam also wrote in Hilchot
De’Aut, chapter 6, the 8th halacha that it is permissible to publicly degrade
this person. This is also evident in Sefer Menorat HaMaor (the 2nd section
(Ner), the 4th rule)23 when he wrote concerning this subject, that Rabbeinu
Yonah merely means that this person would not change his behavior even
if he was reprimanded. Please see the following Hagahah.

22 “And both laws:” Meaning, first, the observer must give that testimony to
the city’s judges and disclose the actions of this “foolish person,” but he may
only do so when he is accompanied by another witness to that same action.
Second, if he is a solitary witness to this “foolish person’s” actions, he may
not approach the judges at all.

23 Sefer Menorat HaMaor, the 2nd Ner, 4th rule (in part): “However if he (the
observer) sees his fellow Jew has stumbled into a sin and the Jew is G‑d
fearing, then he should not testify against him needlessly, meaning, without
having rebuked him. Since this fellow Jew has not previously stumbled into
this present sin, it is good to rebuke him in order that he should do Teshuvah,
separate himself from this esur and build safeguards for himself from now on
in order that this sin not fall to his hand. Even though he (the observer) has
a second witness with him who can validate his testimony, it is still better if
he first rebukes him (the sinner). Regarding this subject, Shelomo HaMelech
has taught in Mishle (24:28-29) ‘Do not testify pointlessly against your fellow
Jew and speak deceptively. Do not say just as he has done to me so too will
I do to him and I will return back to this man based on what he has done.’
It was unnecessary to say (Mishle 24: 28-29) ‘Do not be a lying witness’ but
rather ‘Do not testify pointlessly,’ meaning, do not reveal his sin pointlessly
without rebuke. But if the sinner is among those fools who are mistaken
and who hate to be rebuked, as Shelomo HaMelech teaches in Mishle (9:8)

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