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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Gimal - Halachah 7

(3/7/2)-(9) favorably fall within the realm that Hashem
Yitbarach asks of us: Quoting Rabbeinu Yonah in Sefer Sha’are

Teshuvah (3rd sha’ar, section #218), “It is a positive commandment from
the Torah to “judge your fellow Jew charitably.” The way this law is
expressed above in this Mekor Chayim follows from the opinions of the
Se’Mag and the Se’Mak who have written that this subject is included in
the mitzvah to judge people favorably. (Please reference the Introduction
to this sefer, the 3rd Aseh (A3) and the associated Be’er Mayim Chayim).
The Rambam also writes on this subject in Sefer HaMitzvot (Mitzvat Aseh
# 177) as follows: “Included in this mitzvah (of judging people favorably),
one is obligated to judge one’s fellow Jew favorably and not to interpret
his activity except in a positive sense.” In any event, all opinions hold that
this is a (Torah imposed) obligation (to judge a fellow Jew charitably) and
it is not something (subjective) which is merely a good character trait.

(3/7/3)-(10).. it is very correct and proper that you should
perceive it as being equivocal: Rabbeinu Yonah expresses this same

idea as follows: You should perceive it as equivocal and do not judge this
person as “guilty.”

It appears to me that Rabbeinu Yonah’s intention is that giving a person the
benefit of the doubt is just good practice, but the halacha does not demand
it. With this approach several concepts can be explained.

(3/7/4)-(10-A)..: The Gemara in Babba Metziah (75b) teaches that “One

who lends money without documentation or witnesses, etc.,” (violates the
esur of placing a stumbling block in front of a blind person because the
loan is unsubstantiated). Resh Lakish comments that the lender is invoking
a curse on himself, as David HaMelech A”H writes in Tehilim (31:19)
“Those who lie should be silenced, (those) who speak falsehood about the
righteous” Rashi explains (citation beginning with the words “Cursed”)
that when the lender demands repayment, and the borrower denies the loan
saying it never took place, society will curse that lender for defaming the
borrower and for speaking falsehoods about him. The gemara then adds
that Ravina would not lend Rav Ashi without documentation or witnesses
for this very same reason, that he would have been inviting curses onto
himself (if he agreed to the loan).

Now this statement of the Gemara seems very astonishing. Why would the
Gemara presume that people would curse the lender in circumstances that
were equivocal? Perhaps the lender is telling the truth and the borrower is
lying. Perhaps the borrower is a Rasha because he denies the loan?

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