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).