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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 8

personal, then the law is as follows: If we believe that the reason he
gave for not complying is untrue and was offered only in an attempt
to convince the Beit Din to drop the matter, then we do not have to
believe him and it is permissible to denigrate him (35) and to make
his shameful behavior a matter of public record, as was described
above. But if we are unsure of the truthfulness of his reasons for
refusing to comply, then it is forbidden to shame or humiliate him.

Be’er Mayim Chayim

(4/8/1)-(33)..instructs a person: Ostensibly there is a difficulty in

the context of the law stated elsewhere in several places, based on the
(unanimous) opinions of our Early Authorities, that Lashon Hara regarding
an individual’s relationship with G‑d is forbidden even if the remarks are
true. This question arises out of Gemara Yoma (38a) in the Mishnah of
“Ve’Elu LeGenai.”32 Regarding the first list of families, the gemara quotes
Mishle (10:7) “The merit of the righteous is a blessing” and regarding the
other families (the gemara quotes the end of that pasuk in Mishle) “the
names of those who are evil should rot,” meaning that it is a mitzvah to
(publicly) denigrate evil people because of their wicked behavior even
though no Lav or Aseh (no negative or positive commandment of the
Torah) was violated (by the actions of these families, yet Chachamim
humiliated them for their selfish behavior) and therefore even more so
in our discussion of the 2nd, 3rd and 4th halachot of this Kelal, it should be
permitted to shame that person.

However, truthfully, the case cited in that mishnah (in Gemara Yoma) has
no relevance to our subject here. In the specific case of this particular
halacha it would be forbidden to shame this person for either one of two
reasons: (a) It is possible this person did not understand the seriousness
of the violation he had committed, and (b) Even if we know that this
person knowingly, purposefully violated this esur, perhaps (just this one

32 “Ve’Elu LeGenai” \ “These families are to be singled out for humiliation:”
The priestly family of Garmu who refused to teach the method of preparing
and baking the Lecham HaPanim (the U-shaped bread that was brought each
week into the Beit HaMikdash) and the priestly family of Avtinas who refused
to teach the method of preparing the Ketoret (the incense brought in the Beit
HaMikdash), etc.

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