Dan L'Chaf Zechus: To Judge Favorably or Justly?

(6) Yehoshua ben Perachiah and Nitai of Arbel received from them. Yehoshua ben Perachia says, "Make for yourself a mentor, acquire for yourself a friend and judge every person as meritorious."

(8) Yehuda ben Tabai and Shimon ben Shetach received from them. Yehuda ben Tabai says, "Do not make yourself like the judges' advisers; and when the litigants are before you, they should be like evildoers in your eyes; and when they are excused from before you, they should be meritorious in your eyes - when they have accepted the judgment."

... And similarly regarding what was written that "when the litigants are before you, they should be like evildoers in your eyes," this too is an important warning. For there are times when [the judge] will think one litigant is righteous and one is wicked, and he will side with one of them based on his preconceived notions that one of them is righteous and one is wicked, and for this it states that it should be in your eyes as if they are both wicked. And regarding why the mishna did not say "they should both be righteous in your eyes," if it would be so then the judge will not investigate their claims, and will judge each one favorably, and as a result the judge will not delve to the truth of the matter when he does not investigate their claims. However, if both of them are wicked in the judge's eyes, he will investigate each one's claim and each one's trickery because he will delve into the truth of the matter. But if they were both like righteous people, he will not deal [substantively] with their claims at all.

The Sages taught: The verse states: “But in righteousness shall you judge your colleague” (Leviticus 19:15), from which it is derived: The court must ensure that there will not be a situation where one litigant is sitting and one litigant is standing, or a situation where one litigant says everything that he needs to say to present his case and one litigant, the judge says to him: Curtail your statement. Alternatively, it is derived from the verse: “But in righteousness shall you judge your colleague,” that you should judge another favorably, and seek to find justification for his actions, even if when interpreted differently his actions could be judged unfavorably.

(1) The commandment to judge with righteousness: To judge with righteousness, as it is stated (Leviticus 19:15), "you shall judge your people with righteousness." And the explanation of it comes that the judges were commanded to treat the parties to the dispute equally - meaning to say that the judge not honor one of the litigants more than the other. And so they said in Sifra, Kedoshim, Chapter 4:4 that one not speak all that he needs, and [the judge] say to the other, "Speak briefly." And so [too,] in the chapter [entitled] Shevuot HaEdut (Shevuot 30a), "Our Rabbis learned, '"You shall judge your people with righteousness" - that it not be that one stand and one sit; one not speak all that he needs, and [the judge] say to the other, "Speak briefly."'" And so [too,] included in this commandment is that every man that is wise in the laws of the Torah and righteous in his ways is commanded to judge the law of the Torah between parties of a dispute, if he has the power in his hand [to do so]. And even an individual can judge from Torah writ - and like they, may their memory be blessed, said (Sanhedrin 3a), "One can judge his fellow from Torah writ, as it is stated, 'You shall judge your people with righteousness.'" But the sages warned (Mishnah Avot 4:8), that a man not judge alone. And also included in this commandment is that it is fit for every person to judge his fellow favorably, and only to understand his deeds and his words favorably.

(10) Ever regard the litigants as guilty when they are facing you, on the presumption that each of them has a false claim, and judge according to the arguments of which you approve. But when they go away from you, regard them both as innocent after having submitted to the judgment; regard each of them favorably.

(10) A Judge should not show mercy towards a poor person [who is a party] in a lawsuit, that he [the Judge] should not say, 'This man is poor and his adversary is wealthy and he is required to support him; [therefore,] I will pronounce judgment in his favor and he [the poor man] will thus make a respectable living. Nor may [the Judge] favor the person of the mighty, that if there appeared before him a wealthy person or a distinguished scholar with a poor man or an ignorant person [respectively], he should not show him [the wealthy person or scholar] honor, nor should he extend a greeting to him, so that the words of his adversary [the poor or ignorant person] should not become stopped up; nor should he [the Judge] say, 'How can I pronounce him guilty at the trial for he will thus be put to shame, only I will acquit him and subsequently I will say to him that he should give him whatever rightfully belongs to him,' — but [the law is that] he should issue the verdict forthwith in accordance with its truth. If before him appeared one [litigant who] is a worthy person and another [litigant who] is a wicked person, he should not say, 'This one is a wicked person and has the status of making false statements and that one has the status that he does not change [i.e., stands by] his word, [consequently,] I will turn the verdict against the wicked person, — but the two litigants should be regarded by him as if they were [both of them] wicked [guilty] on the presumption that each one of them is making a false claim. And the [Judge] should adjudicate [the lawsuit] according to that which becomes apparent to him [as a result of] the arguments, and when they leave his presence they should be regarded by him as if they were [both of them] worthy [guiltless] after having accepted the verdict, and he should judge each one in the scale of merit.

And he should judge each one in the scale of merit. And even if one of them was contradicted, and it is known that he claimed [falsely] purposely, or the other one denied liability unjustly, nevertheless one can say that this occurred because of another outstanding loan that he had extended the other.

A disciple of the wise should not be noisy and loud like cattle and animals when talking, nor even raise his voice overmuch, but converse calmly with all people; nevertheless, in speaking calmly he should not overdo it lest he resemble the overpoliteness of the arrogant. He should be first to greet every person, so that their spirit be pleased with him. He should judge every person favorably, telling the praiseworthy things about his friend and not at all about the blameworthy things; love peace and pursue it. If he can see his words acceptable he may speak, if not he should be silent. For instance? He should not appease his friend when the latter is angry; ...

...And behold, when you see someone say something or perform an action, and their words or actions can be judged favorably or unfavorably. If the person is God-fearing, you are required to judge them favorably as a matter of truth. This is so even if the thing [being judged] is close to and points more logically towards being unfavorable.

And if the person [being judged] is an average person who is careful regarding sin but occasionally stumbles, you should err in your doubt towards judging them favorably. As our Rabbis, of blessed memory, said, "One who judges their fellow favorably, God will judge them favorably." And this is a positive commandment from the torah, as it states (Leviticus 19:15): "with righteousness shall you judge your fellow." And if the matter seems to be unfavorable, you should consider it doubtful, and don't decide it as being unfavorable.

And if the person's acts are mostly bad, or they do not have the fear of God in their heart, you should decide their acts and words to be unfavorable. As it states (Proverb 21:12): "The Righteous One observes the house of the wicked man; He subverts the wicked to their ruin." ...

And the safeguard that one does not come to argument at the time of judgment is to fulfill the saying of the Tanna which states "and judge every person as meritorious," and one should not judge their fellow unfavorably, that they wish to steal from you. And if you see they are incorrect, assume that perhaps they forgot and this is truth to them. And if it clear to one that their fellow is a liar and thief and iniquitous, and they speak harshly and improperly, the splendor of man is overlooking an offense, "and do not answer a fool according to his folly." ...

The Sages taught in a baraita: One who judges another favorably is himself judged favorably. And there was an incident involving a certain person who descended from the Upper Galilee and was hired to work for a certain homeowner in the South for three years.On the eve of the Day of Atonement, he said to the homeowner: Give me my wages, and I will go and feed my wife and children. The homeowner said to him: I have no money. He said to him: In that case, give me my wages in the form of produce. He said to him: I have none. The worker said to him: Give me my wages in the form of land. The homeowner said to him: I have none. The worker said to him: Give me my wages in the form of animals. He said to him: I have none. The worker said to him: Give me cushions and blankets. He said to him: I have none. The worker slung his tools over his shoulder behind him and went to his home in anguish. After the festival of Sukkot, the homeowner took the worker’s wages in his hand, along with a burden that required three donkeys, one laden with food, one laden with drink, and one laden with types of sweets, and went to the worker’s home. After they ate and drank, the homeowner gave him his wages. The homeowner said to him: When you said to me: Give me my wages, and I said: I have no money, of what did you suspect me? Why did you not suspect me of trying to avoid paying you? The worker answered, I said: Perhaps the opportunity to purchase merchandise [perakmatya] inexpensively presented itself, and you purchased it with the money that you owed me, and therefore you had no money available. The homeowner asked: And when you said to me: Give me animals, and I said: I have no animals, of what did you suspect me? The worker answered: I said: Perhaps the animals are hired to others. The homeowner asked: When you said to me: Give me land, and I said: I have no land, of what did you suspect me? The worker answered: I said: Perhaps the land is leased to others, and you cannot take the land from the lessees. The homeowner asked: And when you said to me: Give me produce, and I said: I have no produce, of what did you suspect me? The worker answered: I said: Perhaps they are not tithed, and that was why you could not give them to me. The homeowner asked: And when I said: I have no cushions or blankets, of what did you suspect me? The worker answered: I said: Perhaps he consecrated all his property to Heaven and therefore has nothing available at present. The homeowner said to him: I swear by the Temple service that it was so. I had no money available at the time because I vowed and consecrated all my property on account of Hyrcanus, my son, who did not engage in Torah study. The homeowner sought to avoid leaving an inheritance for his son. And when I came to my fellow residents in the South, the Sages of that generation, they dissolved all my vows. At that point, the homeowner had immediately gone to pay his worker. Now the homeowner said: And you, just as you judged favorably, so may God judge you favorably.

On the topic of Miriam’s leprosy, the Gemara cites that which Reish Lakish said: One who suspects the innocent of indiscretion is afflicted in his body, as it is written: “And Moses answered and said: But they will not believe me and will not hearken to my voice, for they will say, God did not appear to you” (Exodus 4:1), and it is revealed before the Holy One, Blessed be He, that the Jewish people would believe. The Holy One, Blessed be He, said to Moses: They are believers, the children of believers; and ultimately, you will not believe.