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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 5

heard that Beit Din...etc.”27 This is also brought down in Choshen Mishpat
in the 2nd chapter, in the 2nd halacha.

(4/5/4)-(26).. he may not testify against his fellow Jew: This is

the law brought down in Choshen Mishpat in the Hagahah of section #28
paragraph #1, even if this witness’ intention is entirely good in order that
they (the Beit Din) rebuke him (the sinner). Understand clearly that it is
evident from Rabbeinu Yonah section #220, that one hearing this disclosure
is also not obligated to give this person a reprimand (based only on this
hearsay). However, it is clear that if the person who heard testimony that
a sin was committed by this person is convinced by the details of the story
that the testimony is true, he cannot be absolved from reprimanding this
person.

(4/5/5)-(27).. disclose it discretely: The implication from Rabbeinu

Yonah, section #215 is that one may disclose it discretely to his rebbe
or to another person who is discrete even if this person is not suspect to
routinely commit this foolish behavior. (Please see that reference).

(4/5/6)-(28).. as two witnesses: The basis for this is the Gemara

Pesachim cited above (113b) “can one repeat this to his rebbe so his rebbe
will also hate him? He answered him that if he is believed by his rebbe
with the same authority as two witnesses he can repeat it and if not, then
he cannot repeat it.” Rabbeinu Yonah was meticulous and precise (in that
citation, section #220) when he wrote “as two witnesses” because it posed
a difficulty to him. Given that Lashon Hara is forbidden to be believed and
used as the basis for forming a judgment even if the remarks were spoken
by two or more people, as we will describe further on, with G‑d’s help
[in the 7th Kelal in the 3rd notation of the Be’er Mayim Chayim] then how
could the gemara permit his (the student’s) rebbe to hate him (the sinner)
because of those remarks? Therefore Rabbeinu Yonah states “with the
same authority as two witnesses” to teach that he (the rebbe) believed the
(student’s) story so wholeheartedly, without any doubts, that it was as if
two witnesses conveyed those remarks (in a Beit Din) whose testimony is
incontrovertible. I will elaborate on this, with G‑d’s help, further on in the
7th Kelal, (7th and 8th halachot). Please see that reference.

And don’t challenge me regarding the difference in the halacha between
making this disclosure to his rebbe (which is permitted under certain
conditions) and what I wrote above in the 4th halacha (of this Kelal),
that even if two people were witness to this transgression it would still
be forbidden to disclose it (outside of Beit Din), because in the interim

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