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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara
Kelal Dalet - Halachah 7
And if this person does anything or says anything that is ambiguous
and can be interpreted as decent or as evil, one is obligated to judge
this person as evil since he has demonstrated himself clearly to be
a Rasha. Chazal have taught (Gemara Babba Metziah 59a) “Do not
oppress your fellow Jew” (Vayikrah 25:17) meaning one who is
with you in Torah and mitzvot, do not oppress him with your words.
But regarding one who closed his heart to Hashem’s Torah, it is
permissible to humiliate him through his own actions, to publicize
his disgusting lifestyle and to demean him. Chazal have further said
(Gemara Yomah 86b) one should disclose the identities of people
who flatter others28 in order to avoid a defamation of G‑d’s name.29
And emphatically, if this person was rebuked (31) to change his evil
lifestyle and he refused, it is permitted to publicize the identity of
this person and disclose his sins to the public until he changes his
lifestyle for the good. The Rambam discussed this subject in Hilchot
De’Aut at the end of the 6th perek, in the 8th halacha. But one must
not forget any of the details (32) associated with this halacha, as I
have listed them in the Be’er Mayim Chayim (and the disclosure is
contingent on adhering to the details of this halacha).
Be’er Mayim Chayim
(4/7/1)-(29).. examined this person’s lifestyle: Rabbeinu Yonah
discusses this in section#218 and #219. That which we wrote above “or who
considers one particular aveirah to be irrelevant” (and repeatedly commits
this sin) is obviously apparent from his (Rabbeinu Yonah’s) words and is
what the Yad HaKetana wrote (Hilchot De’Aut 9th perek, 27th halacha).
And what I wrote (in the Mekor Chayim), that in an instance where it is
possible to give this person the benefit of the doubt or to judge him as
“guilty,” one is obligated to judge this person as evil” is the opinion of
28 Meaning, those who flatter evil people by praising their evil deeds in order to
gain a benefit for themselves and in so doing they perpetuate evil. Regarding
these “flatterers,” Chazal teach in Gemara Yoma (42a) that they are among
four groups of people who will never merit to stand in the presence of the
Shehchinah.
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