Shoftim שֹׁפְטִ֣ים ~Deuteronomy 16:18 - 21:9

Looking at the parsha through the lens of Mussar, judging others favorably.

דן לכף זכות

Dan lekhaf zekhut literally means “Judge others according to a scale of merit,” in other words, give others the benefit of the doubt. This seems easy, but in practice it is more difficult to uphold. Judging others favorably means that you don't rush to judgment in any situation.

The human body is a city with seven gates—seven portals to the outside world: the two eyes, two ears, two nostrils and the mouth. Here, too, it is incumbent upon us to place internal “judges” to discriminate and regulate what should be admitted and what should be kept out, and “officers” to enforce the judges’ decisions . . .~Siftei Kohen

Judging favorably is an aspect of humility. It is an admission that our perception is limited, and a decision not to allow this limited understanding to trick us into hasty conclusions. Judging favorably means realizing that the other person has his reasons, even if we may disagree with them. It is knowing that it is just as important to go into the depths of another person's claim as our own.

Judging favorably means imagining untold stories.

Finding merit, discovering a zechus, is like finding the missing piece of the puzzle. Suddenly the picture becomes clear.

Giving the benefit of the doubt means recognizing that there might be another side to the story. Then we begin our search as we attempt to acquit the "suspect" or at least reduce his sentence, so that he becomes, again, a person of good standing in our eyes.

Justice, justice shall you pursue (16:20)

Why does the verse repeat itself? Is there a just justice and an unjust justice? Indeed there is. The Torah is telling us to be just also in the pursuit of justice—both the end and the means by which it is obtained must be just. ~ Rabbi Bunim of Peshischa

Maimonides, Mishneh Torah, Hilchot De’ot 6:7 - "It is a mitzvah to judge people favorably, and it is not appropriate to judge anyone negatively unless one has clear evidence of their wrongdoing."

Under Torah law, capital crimes are tried by a tribunal of 23 judges called a “Minor Sanhedrin.” After hearing the testimony of the witnesses, the judges themselves would split into two groups: those inclined to argue for the acquittal of the accused would serve as his “defense team” and seek to convince their colleagues of his innocence; those inclined to convict would make the case for his guilt. Then the judges would vote. A majority of one was sufficient to exonerate, while a majority of two was necessary to convict.

But what if all twenty-three judges form an initial opinion of guilt? What if the evidence is so compelling and the crime so heinous that not a single member of the tribunal chooses to argue in favor of the accused? In such a case, says Torah law, the accused cannot be convicted, and must be exonerated by the court.

No man is so utterly evil that there is nothing to be said in his defense. There is always some explanation, some justification, some perspective from which the underlying goodness of his soul can be glimpsed. This does not mean that he is going to be found innocent, in the legal sense, by a court of law: at times the “mitigating circumstances” result in a verdict of acquittal; at times they do not. But if not a single member of the court perceives the “innocent side” of the person standing accused before them, this is a court that obviously has very little understanding of who he is and what he has done. Such a court has disqualified itself from passing judgment on him. ~the Lubavitcher Rebbe

The Sages taught:“But in righteousness shall you judge your colleague,” that you should judge another favorably, and seek to find justification for his actions, even if when interpreted differently his actions could be judged unfavorably.

Said the BESHT (Baal Shem Tov): "From the biblical commandment to love your fellow person as yourself [V'ahavta le'rayachah kamocha], we learn the Talmudic virtue to judge your fellow person on the scale of merit [Dan L'Chaf Zechut]. Since you always find excuses for your own misdeeds, make excuses for your fellow person.

The principle behind the law of eglah arufah is that a person is also responsible for what occurs outside of his domain—outside of the areas where he is fully in control. When a murdered traveler is found out in the field, the elders of the nearest city must go out there and bring the eglah arufah to atone for the crime, although it occurred “outside of their jurisdiction”; for it was nevertheless their responsibility to send the traveler off with adequate provision and protection.

The same applies on the personal level in all areas of life. A person never has the right to say, “This is outside of my element. I have no obligation to deal with this.” If it is something that, by divine providence, one has been made aware of, that means that there is something one can, and must, do to positively influence the end result. ~The Lubavitcher Rebbe