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Mekor Hachayim Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet

the observer has examined this person’s lifestyle (29) and determined
that he has no fear of G‑d and constantly behaves in a style of
living that is inimical to the Torah, for example, like one who is
contemptuous of Torah and mitzvot or who considers one particular
aveirah to be irrelevant, and that society as a whole knows about
this aveirah, meaning, whether the sin which the observer wants to
disclose was intentionally repeated by this person several times or
this person intentionally repeated a different sin that was commonly
known to society to be a sin and it is obvious that this person is
living this lifestyle not because his Yetzer Hara got the better of
him to violate Hashem’s words, but because he made a conscious
decision to repudiate Hashem and has no fear of Him. Therefore,
it is permissible to utterly degrade this person and to disclose his
shame (30) privately and publicly.

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 others in order to avoid a defamation of G‑d’s name.
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 Be’er Mayim Chayim (and the disclosure is
contingent on adhering to the details of this halacha).

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