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Mekor Hachayim Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet

Be'er Mayim Chayim on page 205

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
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 on page 213

K4/9. And now we return to the opening subject of this Kelal.

From what we wrote (36) at the beginning of this section we can
learn that it is forbidden to denigrate one’s fellow Jew and talk
about aspects of his personality that are shameful. For example,
that he is haughty or is quick to fly into a rage (37) at the least
provocation or other bad character traits, that most certainly this is
denigration even though the facts are true. Who knows, perhaps he
did Teshuvah and he is saddened and his heart is embittered because
of those bad personality traits.

And even if one sees this person continue those bad traits and is
not at all remorseful because of them, nevertheless it is forbidden
to disclose and ridicule him because maybe this person does not
understand (38) the seriousness of the esur he is committing (each
time he expresses one of those bad traits). Because truthfully
speaking, we often see people, even men who are learned in Torah,

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volume 2