Page 213 - VOL-2
P. 213
Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara
Kelal Dalet - Halachah 8
c. The offense may not be exaggerated any more than it actually is.
d. The motivation of the person making the disclosure must be to achieve a
useful \ beneficial purpose, namely to alert society to distance themselves
from this person and his evil lifestyle. Also, perhaps this person will do
Teshuvah once he understands how disgraced he has become in society.
But in no way should the person who is making this disclosure intend to
benefit from having made it, nor should the disclosure be made out of a
sense of hatred, but rather his motivation can only be driven by a sense of
truth.
e. One may not denigrate this person anonymously and then turn around
in a direct confrontation and flatter or compliment him. The disclosure
can only be made as a matter of pubic record, unless the speaker knows
that in a public disclosure this person has the ability to hurt him or if the
speaker has a concern that a public disclosure will cause a controversy,
then it is permitted to make the disclosure privately to individual persons.
The disclosure can only be made to uphold G‑d’s Holy Name (Le’shem
Shamayim) in order that society not emulate his evil behavior. Regarding
the subject of whether or not this person must be forewarned (rebuked),
please see further on the 10th Kelal, in the 30th notation of the Be’er Mayim
Chayim.
All of these details are preconditions for disclosure only if this person is
careless in his observance of a particular mitzvah that people are commonly
aware of. But these preconditions for disclosure are not necessary if this
person was a transgressor who completely repudiated Hashem and His
Torah, G‑d forbid.
Mekor Hachayim
K4/8. When Beit Din instructs a person (33) in a particular way
that involves a physical action (34), whether it relates to this person
in his relationship with G‑d or to his interpersonal relationship with
others and this person absolutely refuses to abide by the Beit Din’s
instructions and gives no reason why he won’t comply, then it is
permissible to publicly humiliate him for his actions and even to
record his evil lifestyle in the community’s archives for all future
generations to view. But if this person responds with a defense that
justifies his refusal to comply in a framework of reasons that are
203
volume 2