Page 249 - V1

Introduction to החיתפ
Sefer Chafetz Chayim םייח ץפח רפסל
Aseen - A3
א השע - ןישע

certainly does not obligate us to judge him favorably and in that situation
it is only an act of piety, an example of a good character trait to judge this
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stranger favorably. The Rambam wrote in the 5 perek of Hilchot De’Aut
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in the 7 halacha that this is counted among the good character traits of a ןיִשׂע
Torah Scholar. The implication is that judging him favorably is an option
but not an obligation. However, there too the Rambam is discussing a
stranger about whom it is not known if he is a Tzadik or a Rasha. תוְֹצִמ הָמּכּ רֵאבל ךְרַבּתי 'ה תרַזֶעבּ ליִחתַא התַּעו
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Understand that what the Rambam wrote in that referenced Hilchot De’Aut תוּליכרְוּ ערָָה ןוֹשׁל רוּפּסַּה ידֵי לַע רֵבוֹעֶשׁ ,ןיִשׂע
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was a quotation from the Mishnah in Avot “one should judge his fellow Jew
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favorably.” However, we are talking about a person who we know is not a .ילֲאוֹגו ירִוּצ תרַזֶעבּ ילֵחָה הזו ,ליֵעל וּנדְַעיֶּשׁ וֹמכּ
Rasha, rather he is an average person and that is the person being addressed
by the Torah (someone who may sometimes do something inappropriate). רֵבוֹע ,ליֵעל וּנינָמֶּשׁ ןיואלַּה דבלִּמ ,וֹרֵבֲחבּ לגּרְַמַה
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The proof to this contention comes from the Rambam in his commentary
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on the 177 mitzvah listed in Sefer HaMitzvot where he explicitly writes ךְרַבּתי 'ה תרַזֶעבּ םרֲֵאבֲאו ,ןיִשׂע הָמּכּ לַע ןכּ םגּ
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“Inclusive of this is the obligation to judge your fellow Jew favorably.” .דָחֶאל דָחֶא
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The implication from his emphasis on the word “obligation” is that the
Rambam is referring to every single Jew since the 613 mitzvot were given
to all Jews (at Har Sinai).
Come and see how this is the correct conclusion. The cited mishnah in
Avot and the Rambam’s Hilchot De’Aut that are discussing good character .ןויס 'ז ,טבש ז"כ ,ירשת ח"י - תרבועמ הנש .ןויס ז"י ,טבש ז"י ,ירשת ח"י - הטושפ הנש :ימוי חול
traits state “to judge each Jew charitably.” The cited Gemara Shvu’ot and
the referenced Sefer HaMitzvot that are discussing the explanation of the םייחה רוקמ VOL-1
Aseh “judging charitably” state one must judge a fellow Jew favorably,
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“fellow Jew” implying that you know him and that he is not a Rasha. )'ט ד"כ םירִבדּ( הֵשֲׂע תוצִמ לע )א( הז ידֵי לע רבוֹע )א(
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What I wrote above “transgresses this Aseh” means one who violates this ,'וֹגו "ךְרֶדּבּ םירְִמל ךָיהלֹא 'ה הָשׂע רֶשׁא תא רוֹכז"
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Aseh does so in all eight qualities. In the context of this Aseh though, it
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is difficult to understand how it applies to all eight qualities. Therefore I ,לוֹדגּה שׁנֹעה דיִמָתּ הפּבּ רֹכּזנֶּשׁ ,הזבּ הרָוֹתּה וּנרָיִהזִהֶשׁ
will explain it, with G‑d’s help, as follows: It is obvious that the violation
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of this Aseh applies to the first four of these qualities, to Lashon Hara, to הרָבּדּ אלֶֹּשׁ האיִבנּה םירְִמ תקֶדּצּל ךְרַבְּתי 'ה הָשׂע רֶשׁא
gossip, in the presence of the person who is the subject of the remark and ,היכּרְִבּ לע וּהְתלדּגו ,הָּשְׁפנכּ וּהְתבהא רֶשׁא היִחאבּ אלּא
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also not in his presence. It applies to remarks that are lies and statements
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that are truthful yet degrading. In truth we ourselves can regularly observe וֹתוּנגִבּ הרָבּדּ אלֹ איִהו ,םיּה ןִמ וֹליִצּהל הּמצע הנכִּסו
that many instances of Lashon Hara and gossip are not completely lies, but
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that the facts or the circumstances were changed slightly by the speaker to וינפבּ הרָבּדּ אלֹו ,םיִאיִבנ ראְשִׁל וֹתוֹא הָתוְשִׁהֶשּׁ המ אלּא
create a picture that is the exact opposite of what actually happened. The שׁוֹדקּה היִחא ןיבל הּניבּ קרַ ,םיִבּרַ ינְפִבּ אלֹו שׁוֹביֶּשׁ
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speaker will begin his Lashon Hara of gossip at the half-way point of the 8
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story and will purposefully omit something about the prior circumstances רמאנֶּשׁ וּלּאה םירִבדּה לכּ לע דיִפּקְִה אלֹ אוּהו ,הענִצבּ
in order to create a conclusion that has the semblance of truth but is a total
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misrepresentation of what actually happened. (Just as one of the Sages אלֹ ןכ יִפּ לע ףאו ,"דֹאְמ ונע הֶשֹׁמ שׁיִאהו" :)'ג ב"י רבּדְִמּבּ(
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