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February 13, 2012
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Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
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Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
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Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
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January 19, 2012
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Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
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Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
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Katy Hopkins : Consider This Before You Pay for an Online Degree
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January 11, 2012
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Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
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January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
May 25, 2009
/ 2 Sivan 5769
Does judge favorably have limitations?
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. I know I'm supposed to give people the benefit of the doubt. Does that mean I have to actually believe they're good?
A. The Torah commands, "Judge your fellow righteously" (Leviticus 19:15). The simple meaning is that the judge needs to judge impartially between rich and poor, but the Talmud adds another meaning: "Judge your fellow favorably." (1) This meaning is supported by the language of the verse because judging someone righteously can also mean judging that they are righteous.
But what does that mean? Does it mean merely withholding judgment? Or at the other extreme actually being convinced of the person's righteousness? Consider the following story from the Talmud:
The rabbis taught: one who judges others favorably, others will judge him favorably. There was once a man who came from the Upper Galilee and hired himself out to a certain householder in the south for three years. Yom Kippur eve he said to him, give me my pay, so that I may provide for my wife and children. He said, I have no money. He said to him, give me produce. He said, I have none. Give me land. I have none. He packed up his possessions and went home in a dark mood. After the holiday the householder took his pay, and with it three loaded donkeys, one with food, one with drink, and one with delicacies, and he went to [the worker's] house. After they ate and drank and he gave him his pay, he said: When I told you I had no money, what did you suspect? He replied, perhaps an unusual bargain presented itself you spent it on that… And when you asked for land and I said I had no land what did you suspect? He said, perhaps it is rented out to others… .He said to him, thus exactly it was! …Just as you judged me favorably, so may G-d judge you favorably. (2)
We see that the worker didn't merely say, "I assumed you had a good reason." Rather, he came up with a specific plausible explanation that would reflect favorably on the employer. So it seems that "withholding judgment" is not really enough.
On the other hand, one is permitted to take reasonable precautions towards a suspicious figure, even as one judges him favorably. A midrash states, "Let everyone be in your eyes as a bandit, yet respect him as Rabban Gamliel did". The passage goes on to tell that Rabban Gamliel took in a stranger as a house guest. On the one hand he respected the man as he would any house guest, but on the other hand he took the precaution of removing the ladder to the man's attic guest room just in case the man turned out to be a thief - which was in fact the case. (3)
It seems that the commandment of favorable judgment is to do precisely as the worker from the Upper Galilee: when faced with questionable behavior, take a few moments to consider plausible justifications. In some case they will be justifications that would render the person completely innocent; in other cases, they will at any rate minimize his culpability. (The employer certainly acted wrongly when he spent money on a rare bargain when he knew he had to pay his worker, but it is less of a crime than willfully withholding wages.)
In fact, in many places the rabbis referred to favorable judgment as "senegorya," which means literally being a defense attorney. The job of the defense attorney is to be creative in thinking up possible explanations of the defendant's actions so as to minimize his culpability as much as possible. This then is the essence of the commandment of favorable judgment.
SOURCES: (1) Babylonian Talmud, Shevuos 30 (2) Babylonian Talmud, Shabbas 127b (3) Kallah Rabati 8:1
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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