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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 5

Hagahah

The author of the Yad HaKetanah in Hilchot De’Aut (9th perek, 25th
halacha)24 did not explain these concepts very well in my humble opinion.
Moreover one is astonished by what he said when he expressed his novel
insight in his 23rd halacha25 by creating two categories of “average” Jews
in specifically addressing Rabbeinu Yonah’s statement appearing in Shaare
Teshuvah section #215 (quoted as follows): “Understand clearly that if
someone sees his fellow Jew secretly violating the Torah, it is forbidden
to publicly disclose that behavior since this person may have done
Teshuvah.” (In addressing this statement) the Yad HaKetana writes that
it is also forbidden to hate him since he may have done Teshuvah, and the
Gemara Pesachim (113b) which permits one to hate him (please see that
reference) is referring to someone who purposefully repeated his foolish

24 Quoting from the Yad HaKetanah, Hilchot De’Aut , 9th perek, 25th halacha
(in part): “However, if (the standing of) this sinner is lower than an average
Jew and closer to the level of foolish people in this regard, and he is someone
who pays no attention (makes no effort) to guard himself from committing
intentional and unintentional sins, and (this witness) the observer knows
him and recognizes him as someone who will again repeat his sin, then
he (the observer) must report the incident to the city’s authorities (judges)
who will chastise him and separate him from the esur. All of this is so if
he (the observer) has a second witness with him. However, if he observed
this incident by himself, he should privately rebuke him. But it is forbidden
for this observer to publicize this evil person’s doings or to give testimony
against him even though it is allowable or perhaps even a mitzvah for him
(the observer) to hate him (the sinner). Yet if this observer does give single-
witness testimony against him, they (the judicial authorities) inflict lashes
on the observer, as we find related in the Talmud (Gemara Pesachim 113b)
regarding Tuvia, who sinned, and Zeegood, who appeared before Rav Pappa
and gave single-witness testimony against him. Rav Pappa then gave lashes
to Zeegood. Zeegood exclaimed: ‘Tuvia sinned and Zeegood was beaten with
lashes?’ Rav Pappa answered ‘Yes! The Torah says a single witness may not
get up and give testimony against his fellow Jew for any transgression, and
you gave lone testimony against him. In so doing, you slandered him and
that is nothing but Lashon Hara,’ as they (Chazal) said there (on that page
of gemara) that even though it is permitted to hate him, as the pasuk states
(Shemot 23:5) ‘When you see the donkey of your enemy.’ Is one permitted
to hate? Only when there were witnesses that he committed a sin. If there
were witnesses, then everyone is allowed to hate him. If so, then why does
the pasuk use the singular “your” enemy? But rather (one must say) that

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