LEV443 If one sees another person say or do something--whether in the area of bein adam l’Makom (matters between man and Hashem) or in the area of bein adam l’chaveiro--interpersonal relationships--and his actions can be judged favorably and given the benefit of the doubt, then the halachah depends on how virtuous the person is. If he 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. If he is an average person who generally refrains from sin but does stumble on occasion, then if the possibility that he acted properly is equal to the possibility that he acted inappropriately, one is required to judge him favorably. Indeed, Chazal say, “If one judges his fellow favorably, Hashem will judge him favorably.” This obligation is included in Hashem's commandment of בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ, “Judge your fellow favorably” (Leviticus 19:15). Even if the possibility that the other person acted improperly seems to outweigh the possibility that his action was justified, it is correct to consider the matter inconclusive, rather than assume that the other person acted improperly. In a case in which it seems likely that the person's actions were indeed justified, if one judges him unfavorably-- which is certainly forbidden by halachah--and consequently proceeds to disparage him, not only does he violate the commandment of בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ, “Judge your fellow favorably,” he also transgresses the prohibition of speaking lashon hara. Even when the chances that the person acted improperly outweigh the chances that he acted properly-- in which case there would not be as much of a halachic prohibition to judge him unfavorably-- all that would mean is that the observer may assume for himself that the other person acted inappropriately. However, he may not hurry to go disparage that person before others on the basis of this assumption, unless all of the conditions delineated in sections 4, 5, and 10 are fulfilled. For even if the other person did act improperly, in many cases it would still be forbidden to disparage him, as one who studies those sections will discover.

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LEV444 Do not say: He is a wealthy man, the son of great ones, and how can I shame him. To this end it is written: "And you shall not favor the face of the great" (Torath Cohanim)

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LEV445 It is a negative commandment to commit no injustice in rendering judgment as Scripture says, You shall do no injustice in judgment [this verse]. This means not to declare the guilty innocent or the innocent guilty. Included in this prohibition is the rule not to delay the verdict. After it has become evident to the judge where justice lies, if he dwells at length on clear matters in order to cause one of the litigants distress, this is in the general category of injustice.

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LEV446 See [[DEUT1399]] Deuteronomy 24:17 pervert CCCBM 157

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LEV451 Judge all parties fairly and equally. Key concept: Ensure the smooth functioning of society. If a judge gives preferential treatment to one litigant, the other litigant might be afraid to state his claims. Or, because he feels intimidated, he might be unable to state his claims clearly. Such could cause the court to rule incorrectly. The mitzvah also applies to Torah scholars who are called upon to settle disputes to the best of their ability outside of court. Also included in this mitzvah is that all Jews must judge their fellows favorably by giving them the benefit of the doubt. That is, if someone’s acts or words can be interpreted as sinful or not sinful, one is obligated to interpret them as not sinful. Such behavior promotes peace, unity and goodwill. The main purpose of this mitzvah is to aid society by stopping people from suspecting one another.

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LEV452 See [[LEV404]] Leviticus 19:14 stumbling MEIR 33-5

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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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