LEV618 However, if one realizes that the person who sinned is a deliberate scoffer who hates those who reproach him--as it says: אַל־תֹּ֣וכַח לֵ֭ץ פֶּן־יִשְׂנָאֶ֑ךָּ, “Do not rebuke a scoffer, lest he hate you” (Mishlei 9:8)--and he knows his rebuke will definitely have no effect on the person, the halakhah is different. Since people like these are likely to repeat their wrongdoings, it is possible that this person may sin again. Therefore, it is preferable to inform the dayanim of the city of the incident so that they can reprimand him for his sin and prevent him from transgressing in the future. This halachah would seem to apply to informing the sinner’s relatives, as well, if their words will have an influence on the sinner. However, the speaker’s intent in conveying the information must be entirely l’shem Shamayim, to uphold Hashem’s honor, and must not stem from hatred that he harbors toward the sinner for other reasons. Likewise, those who reprimand the sinner should make sure to do so discreetly and not embarrass him publicly, as it says הֹוכֵ֤חַ תֹּוכִ֙יחַ֙ אֶת־עֲמִיתֶ֔ךָ וְלֹא־תִשָּׂ֥א עָלָ֖יו חֵֽטְא׃, “You shall surely rebuke your fellow, but do not bear a sin because of him [by shaming him]" (Vayikra 19:17). All this applies only if two people saw the transgression. However, if there was only one witness, he should not testify in beis din about the person’s wrongdoing. In such a case, his testimony is pointless, for beis din cannot rely on what he says, as it says: לֹֽא־יָקוּם֩ עֵ֨ד אֶחָ֜ד בְּאִ֗ישׁ לְכָל־עָוֹן֙ וּלְכָל־חַטָּ֔את “A single witness shall not testify about a person regarding any sin or wrongdoing” (Devarim 19:15). Therefore, if he does testify about the other person, he will be labeled a motzi shem ra (slanderer). Our Sages said that one who testifies as a single witness about his fellow who has sinned [is subject to the punishment of lashes on a Rabbinical level]. Moreover, as all say (Pesachim 113b) that there are three people whom Hashem hates, one of whom is someone who sees his fellow commit an immoral act and testifies as a single witness against him. One may, however, inform his own rebbe or confidant about the matter privately if he knows that the rebbe or confident will believe him as though he heard the information from two people. It is then permissible for the rebbe to hate the offender and refrain from associating with him until he learns that the person mended his wrongful ways. Nevertheless, it is forbidden for the rebbe to inform others about the matter, just as it would be forbidden for him to inform others of what he saw had he witnessed the incident himself, as we explained in halakhah four.
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