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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 7

will do Teshuvah in order to restore his standing in society. Please see
that reference where he further writes that this condition of making the
disclosure publicly is only if the speaker is not afraid of being harmed by
this person. But if this speaker is afraid of this person, he can make this
disclosure in private to people (and he is not bound by the condition to
make this disclosure only in the presence of at least three people).

And you should understand clearly that what was written up until now
is only from the perspective of the speaker. But from the perspective of
the listener, in all situations the listener may not believe this testimony
automatically and make decisions based on it without the testimony being
verified. And even if the listener heard it from two witnesses (outside of
Beit Din), perhaps it was all contrived and was a lie (if not for the fact that
this person routinely committed other sins and he is a known Rasha – as I
will explain further on in the 7th Kelal, in the 5th halacha. (Please see that
reference). The listener, as he hears the testimony of this solitary witness,
should believe that this person only “possibly” committed this sin, until
such time that he verifies that the testimony is true and that this person
really is a Rasha. Regarding this “suspicion-until-confirmed” attitude on
the part of the listener, please reference further on in the 7th Kelal, in the 5th
halacha and in the commentary Be’er Mayim Chayim there where I clearly
explained the rules concerning believing the testimony of witnesses who
testifiy regarding these kinds of people.

And that which Chazal taught in Gemara Megillah (25b) that “this man
who has a reputation as an adulterer (Rashi), it is permissible to embarrass
him to his face,” is thoroughly explained further on in 7th Kelal, in the
commentary Be’er Mayim Chayim (in the 8th notation) as I wrote this law
further on in the 8th Kelal (in the 5th through 7th halachot).

And what I wrote, “furthermore one may disclose (the identities of
flatterers)” the reference is to Gemara Yomah (86b). Please see Rashi’s
commentary there, citation beginning with the words “Disclosing (the
identities of flatterers who are evil).” Rashi’s understanding is that if one
knows with certainty that this person is a Rasha, as for example, this person
repeatedly committed a sin purposefully knowing that it was a sin,31 then
one is not obligated to think that perhaps he did Teshuvah (do not give this

31 i.e., this person intentionally committed a sin repeatedly which is known by
everyone in Jewish society to be a sin.

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volume 2