A Study Guide

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        The sources themselves appear in boldface. 

1. Vayikra (Leviticus) 19:15                                                  Do not do injustice in judgment; do not show favor (lit. lift up the face of) the poor nor show honor to the face of the rich; you should judge your neighbor justly/ righteously. In Hebrew -- "B'tzedek tishpot amitekha" See the next source for the two translations of the word "b'tzedek".

2. Torat Kohanim Parshat Kedoshim 4:4                               “You should judge your neighbor righteously (Hebrew -- b'tzedek) ”: . . . . Another explanation: Judge your neighbor favorably. The Hebrew word "b'tzedek" can either be translated as "justly" or "righteously", related to the word "tzaddik" -- a righteous man. This midrash also moves the verse from the judicial realm -- judge with justice -- to the personal realm -- judge your friend as a righteous man.

3. Mishna Avot (Ethics of the Fathers) 1:6
“. . . Yehoshua son of Perachia says, ‘Make for yourself a teacher; aquire for yourself a friend; and judge everyone favorably.” Note the progression: from teacher to friend to every man. Judging people favorably is the seed of positive relationships with people. This is in line with the Jewish approach that sees a pure, good soul at the core of each person.

4. Rambam (Maimonides) Commentary on the Mishna Avot 1:6
If someone is unknown to you and you do not know whether he is a righteous man or an evil one -- If he does an act or says something that could be interpreted as either positive or negative, judge him favorably and do not think of him as having done wrong.
If one was well known as a righteous man with good deeds -- Even if you see him do an action whose every aspect seems to be bad, and the only way of considering it good is through really stretching things and assuming a very remote possibility, it is still obligatory to interpret it as good based on that possibility. Likewise, if a person was evil and his deeds were well known -- If we see him do something which looks from all aspects as positive and there is only some remote possibility that it was bad, one must be cautious of him, and not believe that it is good, based on that possibility that it is bad. This is based on the verse, ‘When he supplicates with his voice do not believe him for seven are the abominations of his heart.’ If one is unknown and the act could be interpreted in one of two ways, it is a pious obligation to judge him favorably one of the two ways.

The Rambam's three-tiered approach can be supported by talmudic passages. His formulation is quoted by many of the later works on ethics, including the Chafetz Chaim (see sources 6 & 7). Note that he introduces limits on judging favorably (compare with source 8 -- the Baal Shem Tov)

5. Talmud Bavli Shabbat 127b
The sages teach: One who judges his friend favorably will be judged favorably. The following story is told: A man went down from the Upper Gallilee and was hired as a worker for a landowner in the south for three years.

 On the day before Yom Kippur the worker came to his boss and said, “Give me my wages so I can support my wife and children.” He replied, “I do not have them.” He said to him, “Give me produce.” He replied, “I have none.” He said to him, “Give me land.” “I have none.” “Give me animals.” “I have none.” “Give me pillows and covers.” “I have none.” The worker slung his things over his shoulder and went home frustrated.

After the festivals the employer took the worker’s wages in hand, and along with them loaded three donkeys -- one full of food, one with drink, and another with tasty foods -- and went to his worker’s house. After they ate and drank he gave the worker his wages. He said to him, “When you asked me for your wages and I told you I have no money what did you suspect me of?” “I said perhaps you came across inexpensive merchandise and bought it.” “And when you said to me to give you animals and I replied that I have none, what did you suspect me of?” “I said perhaps they were hired out.”
“And when you said to me to give you land and I told you I had none, what did you suspect?” “I said perhaps it was leased out to others.” “And when I told you that I had no produce what did you suspect? “I said perhaps it was not tithed.” “And when I told you that I had no pillows or blankets what did you suspect? “”I said perhaps he donated all of his property to Heaven.” He said, “I swear that is what happened. I vowed off all of my property because of my son Hyrkanus who did not go to learn Torah. When I went to my friends in the south they annulled all of my vows. As for you -- the same way you judged me favorably, the Omnipresent should judge you favorably.”

There are a number of similar extreme stories on the same page of the Talmud. Rav Aryeh Levin once said: G-d made everything for a purpose. Why, though, create a "krum svara" (Yiddish for twisted logic)? He answered: to be able to judge another favorably, even under extreme situations.

6. Sefer Chafetz Chaim Positive Mitzvot #3
Sometimes [through speaking lashon hara] one also transgresses the positive commandment to “ . . . Judge your friend righteously.” For instance, if he sees his friend who said or did something that can be judged either as positive or the opposite. Even if he is a normal person (not especially righteous or evil) we are commanded by this mitzva to judge him favorably. (If he is G-d fearing we are commanded to judge him favorably even if what he did seems more likely to be bad.) One who says derogatory things about what the person said or did, or one who accepts what was said about another without judging the subject favorably transgresses this commandment.

Lashon hara (prohibited derogatory speech) sometimes dovetails with judging another negatively. Note, though, that even without speaking -- just by judging another negatively in one's mind -- one transgresses the commandment to judge favorably.

7. Sefer Chafetz Chaim Laws of Lashon Hara 3:7
3:7 Realize another great fundamental principle in these issues. If you see a man who said or did something, between man and man or man and G-d, that can be judged as either positive or negative:
If the man is G-d fearing, he must be judged favorably even if the matter seems very likely negative. If he is normal who sometimes watch out for sin and sometimes slip up: If there is equal chance that the act was good or bad, he must be judged favorably based on the biblical verse, as the sages say, “One who judges his friend favorably will be judged favorably by G-d.” This is included in the verse, “Judge your neighbor righteously.” Even if it is more likely that the negative interpretation is correct, it is very proper to leave the doubt unresolved in one’s mind and not judge him negatively.
Where the act seems positive, where it is definitely prohibited to judge him negatively, one who judges negatively and therefore speaks disparagingly about another transgresses both lashon hara and judging righteously.

3:8 Even where the negative possibility is more likely, and there is not such a prohibition against judging him negatively, this is restricted to is own perception of what happened. He should not therefore go and speak negatively about the person, unless all the conditions permitting it are kept (see sections 4,5, and 10). There are many things which are prohibited to speak about even though the person who did them was shown to be wrong.

The Chafetz Chaim builds on the Rambam's three part division but adds two crucial points. 1. Even when there is an opening to judge one negatively it is preferable to leave it undecided in one's mind. 2. Even when it is permissible to judge one unfavorably, it is not permitted to speak unfavorably about him unless the special conditions permitting it are present (see "Lashon Hara in the Workplace: Worker Evaluations and Letting off Steam").

8. Baal Shem Tov on the Torah -- Parshat Kedoshim 2
2. . . . When one sees an evil person doing something reprehensible, committing a powerful sin, he should judge him favorably -- that the sin was the result of being driven by an overwhelming urge, or as a result of gross physicality, or that he does not know the sin’s severity, etc. Through this he saves himself from judgment. In reality, when a person sees another’s sin he should realize that he has a similar fault, that there is an accusation and harsh judgment against him. When he finds a merit in his friend’s behavior he will also be considered meritorious . . . . This is really a great test. We have received the teaching that no judgment is made against a person unless he himself rules it. Now a person will certainly not rule negatively against himself. Rather, Heaven shows him a man that commits some sin similar to the one he did and he passes judgment on it, thereby passing judgment on himself.

3. . . . He should try and bring them to repent with all his might and cleanse them from the filth of their sin, and realize that the same fault lies within himself. Concerning one’s self, one always finds merits; so he should find merits and lovingkindness in all of Israel. Their common denominator is that they are all righteous, all pure and all worthy of all of the blessings . . .

The Baal Shem Tov's teaching rests on a number of striking assumptions:
a. Other people's behavior is like a mirror of our own. The behavior I witness also exists within me -- however subtle.
b. We judge ourselves. We are confronted by a situation similar to the one we were in, and the judgment we pass on it becomes our own.
c. We can speak of judging even the most evil people favorably -- not necessarily by saying that their actions are good (in this way he does not necessarily contradict the Rambam), but by saying that they are not deserving of punishment. This reaches a height in the radical approach of Rabbi Levi Yitzchak of Berditchov, known as the spiritual defender of Israel. His defenses of the Jewish people during the High Holiday season before the heavenly court are legendary.

9. Orach Meisharim -- A Code of Character, Chapter 14: Suspicion
3. Even though it is forbidden to suspect people, nevertheless one should be careful lest people come to sin, and take care that no harm or loss comes to himself or others through them. The Sages said (Rabbi Yehoshua son of Levi in Derech Eretz Rabba 5, quoted by Rashi on Taanit 23b), “People should always be in your eyes like thieves and respect them like Rabban Gamliel (the Prince).” Judging people does not mean being naive.

4. If one suspects an innocent person he should appease him and bless him.

5. It is forbidden to bring one’s self to suspicion, either concerning monetary matters or sin, even concerning a rabbinic level positive mitzva, . . . as it says, “Be clean before G-d and Israel,” and “He finds favor and good ----- in the eyes of G-d and man,” . . . . We should not put others in the position where they will have to judge our questionable behavior positively.