Judging Others Favorably:
The Medrash Tanchuma (4) learns this pasuk to be speaking about the topic of being dan l’kaf zechus (judging others favorably). It states:
“’They shall judge the nation a righteous judgment.’ They should judge the people favorably and defend them. Rav Yehuda B’Rebbe said: Whom do we learn this from? From Gidon the son of Yoash. In his days, Klal Yisroel experienced difficulties and Hashem sought someone to issue a defense for them but no one could be found because the generation was poor in mitzvos and good deeds. But once Gidon found a way to speak favorably of them, they were redeemed by an angel of Hashem. This is as is stated (Shoftim 6:10): ‘And an angel of Hashem came to them and said: Go with your power.’ With the power of the defense you stated for My children...”
Tzadikim Judge Everyone Favorably
Sefer Tiferes Shlomo writes that the way of true leaders and judges is to see the nation in a positive light. When one judges his friend, he should always judge him favorably in fulfillment of the Mishnah (Avos 1:6) to judge everyone favorably. This is because their job is to arouse Divine mercy for every Jew, even if he is on a lowly level. If they find a way to view him favorably, he will be deemed innocent.
This was Shlomo Hamelech prayer (1 Malachim 3:9): “And You shall give to Your servant a listening, knowing heart to judge Your nation and to understand between good and bad, for who is able to judge this difficult nation?” This is hard to understand. Why would a judge be needed to adjudicate disputes between two parties in Shlomo Hamelech’s times? At that time, wealth was everywhere and everyone had whatever they needed, so why would anyone fight about money? The Tiferes Shlomo answers that what Shlomo actually was davening for was for people to have the heart to judge others favorably.
The way of tzadikim is to consider themselves lowly in their own eyes. The bigger one is, the smaller he sees himself (1 Zohar Hakadosh 122B). They act in a way as if there constantly is a judge watching them and judging their actions.
Accordingly, the pasuk is saying: “You shall place judges and watchmen in all of your gates” – you should act like the tzadikim who conduct themselves as if they are being watched at all times and found wanting. However, this only applies to themselves. While they should judge themselves harshly, they should judge others favorably, as the pasuk continues: “They shall judge the nation a righteous judgment.”
Judging Favorably Cancels the Sin of Chilul Hashem
It is related that Rav Yosef Chaim Sonnenfeld zy”a, Rov of Yerushalaim, would judge every Jew favorably, even those who were on a lowly level. He was once asked, “What would the Rov do if he saw a Jew enter a non-kosher restaurant on Yom Kippur and eat all types of treif foods. How would you judge him favorably?”
He answered, “I would defend him by saying that he probably suddenly fell ill and needed to eat meat immediately. Since his life was in danger and no kosher restaurants were open, he had to run into a treif restaurant to get something to eat.”
He was then asked, “We all know the truth. We all know that this guy is a sinner. Why do we need to go to such length to make up a defense for him?”
Rav Yosef Chaim replied, “Whenever a person does an aveirah, there are two things to consider. 1. The actual sin. 2. The chilul Hashem caused by the sin. If we are able to judge him favorably in regard to the actual sin, we also can remove the damage from the chilul Hashem he caused. That is why one must defend every Jew, even if it is hard to do so.”
Judging Others Favorably When Only Hashem Knows
It must be added that while one should defend his fellow Jew before Hashem, he still has an obligation to chastise and rebuke the individual he sees committing a sin. One should not let him off the hook by telling him that he probably did nothing wrong, as this would only encourage him to continue sinning. Rather, he should give mussar.
It is related that someone once told Rav Sonnenfeld, “I am certain that the Zionists have no share in Olam Haba!”
Rav Yosef Chaim replied, “It is not our business to know if they have a portion in Olam Haba or not. What we must do is battle against them so that they have no footing in this world. We must fight them as strongly as we can so that the young generation does not get influenced by them!”
The “Heichal Hazechus”
The Chofetz Chaim zt”l (Sefer Shemiras Halashon, Perek Hatevunah, 7) writes that when one defends a Jew to Hashem he becomes a conduit of light for the holy chamber that is known as the “Heichal Hazechus”, which is the place where the merits of Yisroel are announced.
Judging Favorably is Part of “Chasidus”
The Mesilas Yesharim (19) lists judging others favorably as part of the middah of “chasidus”. He writes: “There is another primary principle regarding intention in chassidus, namely, the good of the generation. For, it is proper for every chasid to be motivated in his deeds for the good of his entire generation, to bring merit to them and to shield them. This is the intent of the verse: ‘Say of the chasid that he is good, for they shall eat the fruits of their deeds (Yeshayah 3:10)’, that all of the generation eats of his fruits. Likewise, Chazal say (Bava Basra 15A): ‘Is there a tree there? (Bamidbar 13:20)’ - is there a chasid who shields the generation like a tree.
“You will see that this is the will of Hashem, that the chasidim of Yisroel bring merit and atone on all the other classes among them. This is what Chazal said regarding the lulav and its species: ‘Let these come and atone for these (Vayikrah Rabah 30:11).’ For Hashem does not desire the destruction of the wicked. It is rather a mitzva incumbent on the chasidim to strive to bring merit to them and to atone for them. This intention needs to be included in his Divine service and also be an actual part of his prayers, namely, to pray on behalf of his generation, to atone for he who needs atonement, to bring to repentance he who needs to repent, and to plead in defense of his entire generation.”
One Who Judges Others Favorably is Judged Favorably
The Kedushas Levi writes that the Torah is teaching us that the way to merit being judged favorably during the Yomim Noraim is by judging others favorably.
He says that Hashem judges us with mercy and compassion but we need to do something in order to arouse His middah of chesed. When we treat each other with chesed and judge each other favorably, He also judges us favorably.
This is seen from the pasuk that states: “You shall place judges and watchmen in all of your gates” – meaning that you should create openings to reach the Heavens through your own actions. The way to do this is by “judging the nation with a righteous judgment.” When you judge others favorably, you create these gates to Heaven which allow you to be judged well by Hashem.
The Benefits of Achdus
The Sar Shalom of Belz zy”a states that when one defends a fellow Jew, it creates much Divine mercy. For this reason, we do not recite the words “Yehi Ratzon” in the tefillah of “Acheinu Kol Bais Yisroel” (which is recited before Ashrei, Uva l’Tzion). When we say “Acheinu” we do not need to request Hashem’s mercy, as we have already brought it upon us through our achdus.
A Person's Words Have an Impact Above
The Tiferes Shlomo (on Maseches Avos) asks why the Mishnah (Avos 1:6) tells us to judge others favorably. In Shomayim, it is known what the person really did and why he did it. So what does it help for us to judge him favorably?
He answers that words that a person says in this world have much power in the Upper Worlds. When one defends his friend in this world, he creates a defense for him Above, which serves to protect him from Divine accusations. On the other hand, if one speaks badly against his friend in this world, he creates accusations against him in Shomayim. Of course, Hashem knows the truth. Still and all, one can create a hisorerus through his words that will protect his friend and shield him from harsh Heavenly judgments.
He proves this from the Gemara (Chagigah 15B) that says that Eliyahu Hanavi once told Rabba that Hashem learns the Torah of every one of the Rabbanan, with the exception of Rav Meir, who learned Torah from Acheir. (Since he studied under the wicked Elisha ben Avuya, Hashem did not accept his Torah.) Rabba defended Rav Meir by saying, “He found a pomegranate, ate the fruit and threw away the peel (meaning that he only took the good from Acheir and discarded the bad parts).”
Eliyahu then said, “Hashem now says, ‘My son, Meir, says...’.” (Hashem is now saying over the Torah of Rav Meir.)
Until Rabba stated a defense of Rav Meir, Hashem would not learn his Torah. Even though He knows everything and He knew how great Rav Meir was, there still needed to be a hisorerus on his behalf created in this world. It also works the other way. If a person commits a sin in private, with no one knowing about it, the middas hadin is not strongly aroused against him, even though Hashem knows what he did. But if someone reveals his sin, the prosecution against the man becomes stronger.
The Tiferes Shlomo goes on to say that the punishment for all sins is intensified when people say that, “So-and-so did such-and-such.” Once those words are spoken, it is like an arrow is shot out that seals the man’s verdict both in this world and in the Higher World. For this reason, the Torah warns us (Vayikroh 19:17): “You shall surely rebuke your friend and he should not carry a sin.” This can be understood to mean that when one rebukes his friend for a sin he committed, he should do it in a gentle way, rather than in a way in which he “carries the sin.” In other words, he should only hint at the transgression in a way that his friend gets the message, and he should not mention it outright, as doing so would cause him to be prosecuted.
This idea is also found in the words of the Zohar Hakadosh: “The Sitra Achra is an invalid witness to give testimony about Yisroel. Only through the hands of Yisroel can the matter be made to stand.” We learn from this that even if one knows that his friend did something wrong, he should not speak about it, as doing so will seal the decree against him.
Judging Oneself First
The Kli Yakar explains the words “shoftim u’shotrim titein lecha” by saying that the word “lecha” (to yourself) is a reference to the dictum of Chazal (Bava Metziah 107B): “First beautify yourself and only afterwards beautify others”. Thus, the pasuk is saying that one should first judge himself and make sure he isn’t doing anything wrong before he judges others.
Judging Others as One Judges Himself
Sefer Toldos Yaakov Yosef explains this pasuk by quoting the Yaabetz’s explanation of the Mishnah (Avos 2:4): “Do not judge your friend until you are in his place.” The Yaabetz explains that most fights between two people start because one judges himself favorably but judges his friend negatively. Thus, the Mishnah says to put oneself in the same place as his friend, meaning to judge him the same way you would judge yourself. If one does this, he will understand this friend’s position, and he will not be so hard on him.
Accordingly, the Toldos Yaakov Yosef explains the pasuk to mean that one should appoint judges “lecha” – for yourself – meaning that one should judge what his friend did the same way he would judge himself if he did that action. When one does this, he will not be angry with him and he will understand him much better.
Judging One’s Own Yeitzer and Not the Yeitzer of Others
In this vein, the Mishnah states (Avos 4:1): “Who is strong, he who overcomes his yeitzer.” Sefer Avodas Yisroel asks why it says “his yeitzer”, rather than “the yeitzer hara”. He answers that it is teaching us that one should focus on his own yeitzer, rather than constantly looking at the yeitzer hara of others, as many people do. One should see his own flaws, and he should not pay such close attention to the flaws of others. Rather, one should see others as truly righteous while working on how to improve himself.
First Providing for Others and Then Teaching Them Torah
Sefer Ateres Yeshua explains this pasuk by quoting Meforshim (see Alshich on Tehillim 4:6 and on Mishlei 3:1) who describe a debate that is hinted to in the Mishnah (Avos 3:17): “If there is no flour, there is no Torah. If there is no Torah, there is no flour.” Hashem claimed, so to speak, that Klal Yisroel should first learn Torah, and they will then be blessed with parnassah. Klal Yisroel counterclaimed that Hashem should first give them parnassah, and they will then learn Torah.
He says that in our times, the level of the generation has declined. Therefore, Hashem must first grant us an abundance of gashmius before we can properly learn Torah and serve Him. A proof of this is that Yaakov Avinu gave a bracha to Zevulun – who represents working for a living – before Yissochor – who represents Torah study (Bereishis 49:13-14). Additionally, Moshe Rabenu also blessed Zevulun before blessing Yissochor (Devarim 33:18). This indicates that one’s parnassah must be taken care of before he can sit and learn.
So too, when Yaakov Avinu blessed Menashe and Efraim, he crossed his hands to place his right hand of Efraim, even though Menashe was older. This is because Efraim represents parnassah, as Yosef gave him this name to remind him of how Hashem provided for him in a foreign land and granted him wealth (Bereishis 41:52), while Menashe symbolizes Torah, as the letters of his name can also spell the word “Mishnah”, which is a hint to Torah shebaal peh.
This is also hinted to in the verse of “shoftim v’shotrim”, as the world “shofet” has the same gematriah as “parnassah”, while the word “shoter” has the gematriah of “tefillah.” This indicates that one must first have a parnassah before he can serve Hashem properly. It then says: “That Hashem your G-d gave to your shevatim...” It is saying that we see this concept from the Shevatim of Yissochor, Zevulun, Menashe and Efraim, and how we see from them that parnassah comes before Torah study and serving Hashem.
Working all of His Life for His Portion in Olam Haba
The Chovos Halevavos (Shaar Avodas Elokim, Perek 9) relates a parable of a kingdom that designated one day each year to appoint a traveler passing through the kingdom as the new king. At the end of the year, the king was replaced with another traveler. A foolish man would waste his time, enjoying the life of a king, and he would be left with nothing at the end of the year. A wise man, however, would ask why he was chosen as king, and would find out that he would only have the position for a year. He would then utilize his time as king, to send the king’s treasures to a far-off land, where it would be waiting for him when his year was up.
The lesson is that every man is a “king for an hour”. A foolish man will waste his time and won’t save anything for his final destination. But a wise man will collect spiritual wealth during his time as “king” in the form of Torah and mitzvos, which he will send ahead of him to Olam Haba.
The Toldos Yaakov Yosef sees this lesson hinted to in this verse. It says that “you may not put upon you a foreign man.” You should not act like a foreigner who doesn’t understand the customs of this world and thinks he is here permanently, and, therefore, does not put anything away for later. Rather, “you should appoint a king from amongst your brothers.” You should act like someone who knows how this world works, recognizes that it is temporary, and knows that he has to save up all the wealth he can for when his time here is up.
This is Chazal’s intent when they say, “Who is a wise man? He who sees the future.” One who is wise knows what is coming after he leaves this world. Therefore, he stores up mitzvos and good deeds for the next world.
This is also the meaning of the verse (Koheles 2:14): “A wise man has his eyes in his head.” A wise man sees into the distance. He uses his mind to see what is coming next, as opposed to a foolish man who only sees what is right in front of him and doesn’t worry about the future.
The Power of Emunah
Sefer Kedushas Levi states that if one acts with temimus before Hashem, he will certainly be helped in all areas. He writes: “Hashem always wants to help all people. He especially wants to help the Jewish people, whom He calls his children. It is certain that our Father will give us all we need even before we need it. And it is certain that if a person has simple emunah in Hashem, He certainly will give him whatever he needs. If one trusts in Hashem simply and completely (the word ‘tamim’ indicates ‘shleimus’), He will certainly help. We should know that Hashem will certainly be with him.”
Temimus Annuls Bad Mazal
The next pasuk commands us not to use magical forces to predict the future. The Ohr ...
