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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 7

Daily Halacha: 10 Cheshvan, 9 Adar, 9 Tammuz; Leap Year- 10 Cheshvan, 19 Adar I, 29 Sivan

Mekor Hachayim

K3/7. Understand well yet another fundamental rule in these laws,

that if you see someone (8) said something or did something either
in an interpersonal context or in the context of his relationship with
G‑d, and it is possible to interpret what you’ve seen or heard as
being positive and favorable. If this person is G‑d fearing, then
you are obligated to judge this person favorably even if the incident
is equivocal and tilts more towards the side of guilt. And if this
person is average, someone who is normally careful not to sin but
does occasionally stumble, if the incident is equivocal and can be
judged either favorably or unfavorably, then you are obligated to
judge it favorably, as Chazal teach (Gemara Shabbat 127b) that
G‑d will judge favorably those people who judge others favorably.
These people who judge others favorably fall within the realm
that Hashem Yitbarach asks of us (9) (Vayikrah 19:15), to judge
our fellow Jew charitably. And even if the incident tilts towards
something that is not good, it is very correct and proper that you
should perceive it as being equivocal (10) and not judge him
unfavorably. And in an instance where the incident tilts towards
something favorable, when it is strictly forbidden by the halacha
to judge him as “guilty,” and the speaker judged him as being
“guilty” and subsequently went and denigrated this person or spoke
derogatorily about this person, then the speaker himself violates
several esureem; the speaker transgresses Hashem’s command to
“Judge your fellow Jew charitably” as well as transgressing the
esur of speaking Lashon Hara (11).

Be’er Mayim Chayim

(3/7/1)-(8)..that is you see someone: Please reference Rabbeinu

Yonah sefer Sha’are Teshuvah (3rd sha’ar, section #218) regarding this
person who is G‑d fearing. The obvious source for this statement comes
from the Gemara Berachot (19a) “If you saw (a Torah Scholar who sinned
at night, you can assume with certainty that he did Teshuvah by the next
morning).”

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