LEV447 "In righteousness shall you judge your neighbor" This verse obligates us to give someone the benefit of the doubt when we see him performing an action that could be interpreted in his favor (Rambam, Sefer Hamitzvos, Positive Precept 177). If an average mitzvah observer does or says something and the chances of a favorable judgment and unfavorable judgment are equal, we must grant him a favorable judgment. If the person in question is a God fearing man, we must judge him favorably even if the unfavorable side outweighs the favorable one. If you assume that this person's action was improper and you relate it in that manner to others, besides violating the prohibition of loshon hora, you also violate this commandment. Often, a narrative may consist of entirely true facts, but because the action or words referred to were taken out of context, a completely distorted picture is conveyed. Also, many things are said or done in anger that under normal circumstances would not have been said or done. It is unfair to judge such incidents without taking the circumstances into consideration.

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LEV453 We are obligated to judge people favorably. This verse obligates us to give someone the benefit of the doubt when we see him performing an action that could be interpreted in his favor. (Rambam, Sefer Hamitzvos, Positive commandment 177; Chinuch 235). The Rambam lists five transgressions for which people who violate them do not usually repent. One of them is mistakenly suspecting an innocent person of doing wrong. One will usually justify his suspicion by saying, "I haven't sinned. What did I do to harm that person?" He doesn't realize that he commits a sin by considering an innocent person a transgressor. (Hilchos Tshuvah 3:4). Below are the basic laws of this commandment: 1) If you mistakenly suspect an innocent person of doing wrong, you are obligated to appease and bless him. (Brochos 31b). 2) We are always obligated to give a pious, God fearing person the benefit of the doubt. This is true not only when the chance of zchus (a favorable judgment) and chov (an unfavorable judgment) seem equal, but even when it appears most likely that his action was improper (Chofetz Chayim ch. 3 and Guard Your Tongue, pp. 49-50). Since he is always meticulously careful we should assume that in this instance also his behavior was proper under the circumstances. 3) We are obligated to give an average person the benefit of the doubt if the probability of zchus and chov seem equal. (ibid). 4) If the possibility of chov seems more likely than the possibility of zchus in the case of an average person, it is proper to leave the matter undecided in your mind. According to the letter of the law, however, you are permitted to assume the side of chov. (ibid). Even when you are permitted to judge someone unfavorably, you are forbidden to relate to matter to others for that would constitute loshon hora. (Chofetz Chayim 3:2; see Chofetz Chayim, chapters 4,5, and 10 for instances when it is permissible to relate derogatory information). 5) Even when the possibility of chov appears more likely, it is meritorious for you to give an average person the benefit of the doubt. (ibid., ch. 3). 6) We are not supposed to give a rosho the benefit of the doubt (Chofetz Chayim 4:77; Guard Your Tongue, p. 59). Since the person intentionally violates several offenses, we may assume that until he repents he will continue to do evil. The status of a rosho is not easily determined. A rosho is a person who persists in evil conduct in spite of all warnings and chastisements, but not many are capable of effectively chastising others. So while our judgment of a rosho must be an unfavorable one, we do not often find ourselves dealing with a genuine rosho (see Marganisa Tova, no. 17 and Jewish Observer, Feb. 1977). 7) If the person in question is a stranger and you do not know whether he is righteous or wicked, even though according to the letter of the law you are not obligated to judge him favorably, it is meritorious to do so nevertheless. (Chofetz Chayim, Positive Commandment 3, B'air Mayim Chayim). 8) Even when you must mentally judge people favorably, you still should be on your guard to protect yourself or someone else from a loss. (Sefer Habris, part 2, essay 13, ch. 14; Kuntros Mishpot Tzedek 2:11). 9) Although you must judge people favorably, when you are able to clarify the matter in order to correct the person if he has erred, it is proper to do so. (Shaloh; see Kuntros Mishpot Tzedek 2:12 and footnotes 19 and 20). If a community transgresses and nothing can be done to rectify the situation, you should find some merit for them. But whenever action can be taken to correct a wrong, we are obligated to take action. (Marganisa Tova, no. 9). 10) In one's prayers to God one should try to find merit for the Jewish people as a whole. (Marganisa Tova, no. 9). ... A person's taking note of other people's blemishes and faults prevents him from investigating his own shortcomings and defects -- a task more necessary, a duty more urgent. (Chovas Halvovos, Shaar Yichud Hamaaseh, ch.5). The Chazon Ish wrote that a person who reaches a high level of perfection in his character traits will master a seeming paradox: He will be sensitive to all of his own minor faults, but will overlook even the most obvious faults of others. (Emunah Ubetochon 1:11).

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LEV448 Even though many of the laws [in Leviticus] relate judicial procedures, they are not relevant only to judges and lawyers. Indeed, laws ordaining that we judge people fairly, stay far away from falsehood, and not be intimidated by others are applicable, on a daily basis, to all our lives. ... The most all-encompassing command to judges is "In justice shall you judge your fellow man" [this verse].

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LEV449 From here it is derived that one is obliged to give his neighbor the benefit of the doubt (Shevuoth 30a)

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LEV450 If you see a man saying or doing something for which he may be judged either favorably or unfavorably--if he is a God-fearing man, you are obliged to judge him favorably in keeping with the truth, even if the indications are much more for an unfavorable than for a favorable judgment. And if he is in the middle range, generally keeping himself from sin, but sometimes stumbling into it, you should put aside the doubt and judge him favorably. Our Rabbis of blessed memory have said [Shabbos 127b]: "One who judges others on the scale of merit will be judged by the Almighty on the scale of merit." And this is a positive commandment of the Torah, as it is written [this verse]: "In righteousness shall you judge your neighbor." And if the indications are for an unfavorable judgment, let the matter be doubtful in your eyes and do not judge him unfavorably. If most of the man's actions and words, however, are evil, and you know that there is no fear of the Exalted One in his heart, then an unfavorable judgment is to be placed upon his deeds and words.

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LEV454 Above, we cited from the poskim that the Torah forbids one to believe derogatory information that people say about others. The same halakhah applies when one knows that the information he heard is true, but it could be interpreted in two possible ways, and the speaker interpreted the information in a negative light, which led him to disparage the subject. In such a situation, it is clearly a mitzvah for the listener to judge this subject favorably (which is a decisive halachah in the Gemara in Shevuos [30a], and a positive Torah commandment according to many poskim and refrain from accepting the speaker’s derogatory interpretation. If the listener violates this commandment by failing to give the subject the benefit of the doubt, and he concurs with the speakers disparaging words, then not only has he transgressed the commandment of בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ, “Judge your fellow favorably” (Vayikra 19:15), but he is also considered to have believed lashon hara, since his failure to judge the subject favorably automatically resulted in his acceptance of the disparaging words.

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LEV455 At times, one who speaks or believes lashon hara also transgresses the positive commandment of בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃, “Judge your fellow favorably” (Vayikra 19:15). For instance, if one sees his friend do or say something that can either be interpreted in a favorable light and given the benefit of the doubt, or be interpreted negatively, then this Torah commandment obligates him to judge the other person favorably, even if that person is just an average Jew. (However, if the person is G-d-fearing, then one is required to give him the benefit of the doubt even if it seems more likely that he acted improperly.) One who interprets another person's words or actions unfavorably and then disparages him on that basis has transgressed this commandment, as has the listener who believed this unfavorable interpretation.

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LEV456 If the person who sinned is considered an average Jew who is usually careful to avoid transgressing and stumbles only occasionally, then the halachah is as follows. If it is possible that the person sinned unintentionally, or was not aware that this act was forbidden, or thought that it was a mere stringency or a good practice that pious individuals are careful about, and even if one saw him repeatedly violate the prohibition, one should definitely give him the benefit of the doubt and assume that he sinned because of one of the aforementioned reasons. Therefore, it is forbidden to tell others what happened to, lest the other person will be disgraced in their eyes. Furthermore, even the person who witnessed the transgression should not look down upon the other person. It is forbidden for him to hate the other person because of what he saw, for he is required to judge him favorably. According to many poskim, this is included in the positive Torah commandment of בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ, “Judge your fellow favorably” (Vayikra 19:15). However, if one sees a person violate a well- known prohibition-- such as immorality, or eating forbidden foods, or any other similar prohibition--in which case it would seem that the person who sinned was aware of the prohibition and intentionally violated it, then halachah is as follows. If that person is otherwise considered an average Jew, who is usually careful about sinning and was seen transgressing this prohibition only once, in private, then it is forbidden to tell others about his transgression even if he is not present. One who reveals the incident to others commits a serious offense, for perhaps the person has already mended his wrongful ways and regrets his misdeed. In that case, Hashem has already forgiven him, since he has fulfilled the primary requirement of teshuvah, which is heart-felt regret. If someone publicizes that person's sin, then the person will be disgraced in the eyes of the listeners even though he already regretted his misdeed and was forgiven for it. Therefore, the evildoer who speaks about this person's misdeed is himself guilty of a grave sin .... One should rebuke the person privately for defying Hashem by committing this offense, and caution him to avoid those things that brought him to sin, so that he will not repeat the sin in the future. When he rebukes the other person, he should make sure to speak softly so as not to embarrass him, 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).

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LEV457 See [[NUM380]] Numbers 32:22 clean SEFER 247-51

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LEV458 [This verse]. [T]o what [type of] "judgment" does the beginning of the verse refer to? (I.e.,., the Torah does not have any unnecessary words; thus the beginning of the verse must be referring to some type of injustice not mentioned afterward.) Our sages, z"l, said (Sifra 19:5-6) that this is a reference to [being honest in] measure, weight, and volume. This teaches us that one who measures is referred to as a judge; if he is dishonest when measuring it is as if he has carried out an injustice in judgment, and he is called iniquitous, repugnant, anathema, and loathsome. Furthermore, he causes the emergence of five phenomena, just as one who performs an injustice in judgment does: he defiles the land, desecrate Hashem's Name, drives away the Divine presence, causes the people to be downed by the sword, and leads to their being exiled from their land. (Continued at [[LEV803]] Leviticus 19:35 injustice GATES 267).

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