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Sefer Chafetz Chayim
Hilchot Esurei Lashon Hara

Kelal Dalet - Halachah 3

as I will shortly explain: If this person is average (9), just like
a typical Jew, meaning that although he is generally observant
he does occasionally slip and sin, and one can assume (10) his
slip was unintentional or that he did not know (11) that what he
was doing was a sin, or he thought that what he was doing was
something that only the great rabbis were careful not to do, that it
was only a stringency that one could electively take upon himself
if he so decided. Under these circumstances, even someone who
saw him (12) transgress this law several times, most certainly one
must assume that this was his mindset (that he was not doing it
maliciously) and therefore it is forbidden to disclose his actions in
order that this person’s standing in Jewish society should not be
diminished. Additionally, the observer himself must not think less
of this person. It is forbidden to dislike this person because of his
actions because one is obligated to give him the benefit of the doubt
and judge him favorably. According to many Authorities, judging
a person favorably is a positive commandment from the Torah
(Vayikrah 19:15) and “one must judge a fellow Jew favorably.”

Be’er Mayim Chayim

(4/3/1)-(9) .. that this person is average: But if he is a known Rasha

regarding other sins, the applicable law for this person is different as will
be explained further in the 7th halacha of this Kelal.

(4/3/2)-(10) .. one can assume: This is the opinion of Rabbeinu

Yonah in Shaare Teshuvah section #218, as follows: If one sees a person
saying something or doing something equivocal, and it is possible to judge
him favorably, etc., you are obligated to give him the benefit of the doubt
and judge him favorably. This is a mitzvah from the Torah (Vayikrah
19:15), as the Torah states, one must judge a fellow Jew favorably. And
understand that what we wrote above “one can assume his slip was
unintentional” refers even to actions which all Jews know are sinful. And
what we subsequently wrote “or that he didn’t know” refers only to other
sins (meaning, actions which are not well-known throughout society to be
sinful and we can assume that this person did not know he was committing
a sin). But regarding a sin that is generally well known among Jews, if we
see this person transgress this sin several times and we cannot assume he

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