Reply To: Hashkafah on watching the Super Bowl

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#1829504
chash
Participant

@Syag
So, I am someone familiar with this Halacha. Now that i’ve introduced myself here goes.
The Mitzva of “btzedek tishpot” is not a universal rule.
By all accounts it applies to someone who you know is tzaddik who you see doing something which seems, yes seems, wrong. And we are Mechuyav in that scenario to not judge critically but to either reconcile it with a good interpretation or leave it as “i dont know”.
More so, if it is undeniable that a misdeed was committed, still we must judge favorably by saying, surely after the sin he has remorse and is not a person who sins, v’ein tzaddik b’olam …. shelo yecheta. as we know “haroeh T”CH sheasa aveira b’layla, al tiharher acharav, shebivadai asa teshuva”.
Also not an argument, is that when one sees a rasha doing something that can be either good or bad… YOU SHALL JUDGE HIM LEKAF CHOV! this is agreed by all the poskim.

The confusion revolves around a beinoni, someone [like most of us frum people] who ‘try’ to abstain from aveiros but unfortunately nevertheless fall many times. From the Pirush Meshnayos Lerambam, and from the rav, in avos, and others, it seems that there is no chiyuv to judge such a person favorably, although it is a middas chassidus to do so.
The Chafetz Chaim however, in his hilchos lashon hara, in the intro where he discusses that someone who speaks lashon hara transgresses the mitzva of betzedek tishpot, explains that this is a misreading of those aforementioned sefarim.
The Chafetz chaim puts forth a strong argument that one is MECHUYAV D’ORAYSA to judge a beinoni favorably. And he explains that the aforementioned sefarim were referring not to someone who YOU KNOW IS A BEINONI but rather to a stranger, who you do not know, and therefore dont know even if he is a beinoni, Maybe he’s a rasha?
Such a person there is no chiyuv to judge favorably. Nevertheless it is virtuous (middas chassidus) to judge him favorably.

Therefore. Being that most of us on the coffee room do not know each other, there is no chiyuv “dan Lekaf Zechus” – L’kulo alama.
Furthermore, Joseph saying that there is a tendency to rationalize aveiros isnt his own statement, but the baalei mussar, from the poskim, from the gemara, from Tanach;
“ain adam roeh nigei atzmo” , “darko shel ish yashar b’einav” ect.

and as an aside, there is a misunderstanding out there that “yiddden dont judge”.
My belief is that that idea has permeated into our psyche from the Goyim.
OF COURSE YIDDEN JUDGE! We constantly calculate and judge! its not possible not to judge, its an inherent trait that Hashem gave us for our safety!
It tells us to be wary of people that seem threatening, to not let our guard down around people with mannerisms that exude harmful intent, to not give our money to every scammer who calls us, and to not confuse a leopard for a house cat!
But we judge in a manner prescribed by the torah, allowing us to listen to our feelings but to lead with our mind. Those who say “dont judge me”…. their the ones we usually have to be most careful of.