Shoftim שֹׁפְטִ֣ים ~Deuteronomy 16:18 - 21:9 Dan L'chaf Zechut

Selected verses in Shoftim through the lens of this middah, Judging others favorably.

דן לכף זכות
Judge others according to a scale of merit, meaning give others the benefit of the doubt. Not rushing to judgment in any situation is a practice.

Jewish ethics also dictate that when you know a person to be largely good, and subsequently learn that they have done something wrong, you should not rush to condemn that individual. Rather try to understand why the person acted as they did, and consider possible excuses for their behavior. If you cannot come up with a logical excuse, then your first reaction should be to judge the wrongful act as an aberration rather than view it as characteristic of the person. ~Telushkin, The Book of Jewish Values, p.36
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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. Maimonides, Mishneh Torah, Hilchot De’ot 6:7 –

משנה אבות א׳:ו׳

(ו) יְהוֹשֻׁעַ בֶּן פְּרַחְיָה וְנִתַּאי הָאַרְבֵּלִי קִבְּלוּ מֵהֶם. יְהוֹשֻׁעַ בֶּן פְּרַחְיָה אוֹמֵר, עֲשֵׂה לְךָ רַב, וּקְנֵה לְךָ חָבֵר, וֶהֱוֵי דָן אֶת כָּל הָאָדָם לְכַף זְכוּת:

Pirkei Avot 1:6

(6) Joshua ben Perahiah and Nittai the Arbelite received [the oral tradition] from them. Joshua ben Perahiah used to say: appoint for thyself a teacher, and acquire for thyself a companion and judge all men with the scale weighted in his favor.

The Talmud says that we should always judge other people favorably. We must also judge ourselves favorably. ~Rebbe Nachman of Breslav

ויקרא י״ט:ט״ו

(טו) לֹא־תַעֲשׂ֥וּ עָ֙וֶל֙ בַּמִּשְׁפָּ֔ט לֹא־תִשָּׂ֣א פְנֵי־דָ֔ל וְלֹ֥א תֶהְדַּ֖ר פְּנֵ֣י גָד֑וֹל בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃

Leviticus 19:15

(15) You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kindred fairly.

...if the matter inclines to the unfavorable interpretation, let it be with you as though there were a doubt and do not judge the man unfavorably. But if the man's deeds for the most part are evil, and you know that he is not one who reveres God in his heart, then you should put the unfavorable interpretation on his deeds and words. ~Orchot Tzadikim, 25:23
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"Even someone who is completely wicked, it is necessary to search and find in him some modicum of good… and by finding in him a modicum of good and judging him favorably, one genuinely elevates him to the scale of merit." ~Rebbe Nachman of Breslov, Likutei Moharan 282 ~

שבת קכ״ז ב:ב׳

תָּנוּ רַבָּנַן: הַדָּן חֲבֵירוֹ לְכַף זְכוּת — דָּנִין אוֹתוֹ לִזְכוּת.

Shabbat 127b:2

The Sages taught in a baraita: One who judges another favorably is himself judged favorably.

And behold when you see a man who is saying something or performing an act, and one can judge the thing as him being guilty or being innocent: If the man is one that fears God, you have been obligated to judge him favorably in truth - even if the thing is closer to, and makes more sense to be, understood unfavorably. And if he is from the [group] in-between, that are careful about sin, but sometimes stumble over it - you must incline the doubt towards judging favorably...Sha'arei Teshuvah, 3:218
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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. ~Derech Emunah Umaaseh Rav, Warsaw, 1898, p.59
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Parsha Summary:

Moses instructs B’nai Yisrael to appoint judges and law enforcement officers in every city, judging without favoritism or corruption.
“Justice, justice shall you pursue” Deuteronomy 16:20
Crimes are to be investigated and evidence thoroughly examined with a minimum of two credible witnesses required for conviction and punishment.
Communal responsibility is explicated Deuteronomy 21:7
Prohibitions against idolatry and sorcery are reinforced
There are laws governing the appointment and behavior of a king
Details for the cities of refuge for the inadvertent murderer.
Rules of war are given along with the exemptions for who is required to fight. There is a requirement to offer terms of peace before attacking a city [Deuteronomy 20:10] along with prohibitions against malicious destruction
Laws of the “eglah arufah” are detailed, which is a special procedure to be followed when a person is killed by an unknown murderer and his body is found in a field.

דברים ט״ז:י״ח-כ׳

(יח)שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר יהוה אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃(יט) לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט לֹ֥א תַכִּ֖יר פָּנִ֑ים וְלֹא־תִקַּ֣ח שֹׁ֔חַד כִּ֣י הַשֹּׁ֗חַד יְעַוֵּר֙ עֵינֵ֣י חֲכָמִ֔ים וִֽיסַלֵּ֖ף דִּבְרֵ֥י צַדִּיקִֽם׃(כ)צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף לְמַ֤עַן תִּֽחְיֶה֙ וְיָרַשְׁתָּ֣ אֶת־הָאָ֔רֶץ אֲשֶׁר־יהוה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ׃ {ס}

Deuteronomy 16:18-20

(18) You shall appoint magistrates and officials for your tribes, in all the settlements that your God יהוה is giving you, and they shall govern the people with due justice.(19) You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.(20)Justice, justice shall you pursue, that you may thrive and occupy the land that your God יהוה is giving you.

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
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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
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ספורנו על דברים ט״ז:י״ח:א׳

(א)שופטים ושוטרים. אחר המצות לההמון צוה עניני מנהיגיו והם המלכי' והשופטים והכהנים והנביאים אשר בתקונם יתוקן ענין ההמון ובקלקולם יקולקל כמו שהעיר הנביא באמרו שריה בקרבה אריות שואגים שופטיה זאבי ערב לא גרמו לבקר נביאיה פוחזים אנשי בוגדות כהניה חללו קדש חמסו תורה:

Sforno on Deuteronomy 16:18:1

(1) שופטים ושוטרים, after Moses had addressed a number of commandments to the people at large, he now turned to instruct the leaders of the people in commandments of special concern for them. By paying especial attention to observing these laws, the leaders, especially the judges, kings and prophets, would be able to maintain the spiritual level of the people at large, and thus ensure the people’s continued tenure of the Land of Israel.

Excerpt from 'The Other Side of the Story: Giving People the Benefit of the Doubt- Stories and Strategies' by Yehudis Samet, pages 35-36
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.
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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.

משנה אבות ב׳:ד׳

הִלֵּל אוֹמֵר..., וְאַל תָּדִין אֶת חֲבֵרְךָ עַד שֶׁתַּגִּיעַ לִמְקוֹמוֹ:

Pirkei Avot 2:4

Hillel said:... Do not judge your fellow man until you have reached his place.

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

דברים ט״ז:כ״א-כ״ב

(כא) לֹֽא־תִטַּ֥ע לְךָ֛ אֲשֵׁרָ֖ה כׇּל־עֵ֑ץ אֵ֗צֶל מִזְבַּ֛ח יְהֹוָ֥ה אֱלֹהֶ֖יךָ אֲשֶׁ֥ר תַּעֲשֶׂה־לָּֽךְ׃ (כב) וְלֹֽא־תָקִ֥ים לְךָ֖ מַצֵּבָ֑ה אֲשֶׁ֥ר שָׂנֵ֖א יְהֹוָ֥ה אֱלֹהֶֽיךָ׃ {ס}

Deuteronomy 16:21-22

(21) You shall not set up a sacred post—any kind of pole beside the altar of the ETERNAL your God that you may make— (22) or erect a stone pillar; for such the ETERNAL your God detests.

To seek to beautify the Holy Temple by planting trees around it is an insult to the holiness of the place, whose beauty derives from itself and not from external “landscaping.” This also explains the Talmud’s statement (Sanhedrin 7a) that the reason that the Torah places this law immediately following the law regarding the appointment of judges is to teach us that “whoever appoints an unqualified judge it is as if he planted an asherah near the altar.” Often, we see people appointed to positions of authority because of their external appearance, charm and oratorical prowess, instead of their knowledge, integrity and fear of heaven . . .Even HaAzel

דברים י״ז:י׳-י״ב

(י) וְעָשִׂ֗יתָ עַל־פִּ֤י הַדָּבָר֙ אֲשֶׁ֣ר יַגִּ֣ידֽוּ לְךָ֔ מִן־הַמָּק֣וֹם הַה֔וּא אֲשֶׁ֖ר יִבְחַ֣ר יהוה וְשָׁמַרְתָּ֣ לַעֲשׂ֔וֹת כְּכֹ֖ל אֲשֶׁ֥ר יוֹרֽוּךָ׃(יא) עַל־פִּ֨י הַתּוֹרָ֜ה אֲשֶׁ֣ר יוֹר֗וּךָ וְעַל־הַמִּשְׁפָּ֛ט אֲשֶׁר־יֹאמְר֥וּ לְךָ֖ תַּעֲשֶׂ֑ה לֹ֣א תָס֗וּר מִן־הַדָּבָ֛ר אֲשֶׁר־יַגִּ֥ידֽוּ לְךָ֖ יָמִ֥ין וּשְׂמֹֽאל׃(יב) וְהָאִ֞ישׁ אֲשֶׁר־יַעֲשֶׂ֣ה בְזָד֗וֹן לְבִלְתִּ֨י שְׁמֹ֤עַ אֶל־הַכֹּהֵן֙ הָעֹמֵ֞ד לְשָׁ֤רֶת שָׁם֙ אֶת־יהוה אֱלֹהֶ֔יךָ א֖וֹ אֶל־הַשֹּׁפֵ֑ט וּמֵת֙ הָאִ֣ישׁ הַה֔וּא וּבִֽעַרְתָּ֥ הָרָ֖ע מִיִּשְׂרָאֵֽל׃

Deuteronomy 17:10-12

(10) you shall carry out the verdict that is announced to you from that place that יהוה chose, observing scrupulously all their instructions to you.(11) You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left.(12) Should either party [to the dispute] act presumptuously and disregard the priest charged with serving there your God יהוה, or the magistrate, that party shall die. Thus you will sweep out evil from Israel:

Shevuot 30aThe 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.

דברים י״ז:י״ד-י״ח

(יד) כִּֽי־תָבֹ֣א אֶל־הָאָ֗רֶץ אֲשֶׁ֨ר יְהֹוָ֤ה אֱלֹהֶ֙יךָ֙ נֹתֵ֣ן לָ֔ךְ וִֽירִשְׁתָּ֖הּ וְיָשַׁ֣בְתָּה בָּ֑הּ וְאָמַרְתָּ֗ אָשִׂ֤ימָה עָלַי֙ מֶ֔לֶךְ כְּכׇל־הַגּוֹיִ֖ם אֲשֶׁ֥ר סְבִיבֹתָֽי׃ (טו) שׂ֣וֹם תָּשִׂ֤ים עָלֶ֙יךָ֙ מֶ֔לֶךְ אֲשֶׁ֥ר יִבְחַ֛ר יְהֹוָ֥ה אֱלֹהֶ֖יךָ בּ֑וֹ מִקֶּ֣רֶב אַחֶ֗יךָ תָּשִׂ֤ים עָלֶ֙יךָ֙ מֶ֔לֶךְ לֹ֣א תוּכַ֗ל לָתֵ֤ת עָלֶ֙יךָ֙ אִ֣ישׁ נׇכְרִ֔י אֲשֶׁ֥ר לֹֽא־אָחִ֖יךָ הֽוּא׃ (טז) רַק֮ לֹא־יַרְבֶּה־לּ֣וֹ סוּסִים֒ וְלֹֽא־יָשִׁ֤יב אֶת־הָעָם֙ מִצְרַ֔יְמָה לְמַ֖עַן הַרְבּ֣וֹת ס֑וּס וַֽיהֹוָה֙ אָמַ֣ר לָכֶ֔ם לֹ֣א תֹסִפ֗וּן לָשׁ֛וּב בַּדֶּ֥רֶךְ הַזֶּ֖ה עֽוֹד׃ (יז) וְלֹ֤א יַרְבֶּה־לּוֹ֙ נָשִׁ֔ים וְלֹ֥א יָס֖וּר לְבָב֑וֹ וְכֶ֣סֶף וְזָהָ֔ב לֹ֥א יַרְבֶּה־לּ֖וֹ מְאֹֽד׃ (יח) וְהָיָ֣ה כְשִׁבְתּ֔וֹ עַ֖ל כִּסֵּ֣א מַמְלַכְתּ֑וֹ וְכָ֨תַב ל֜וֹ אֶת־מִשְׁנֵ֨ה הַתּוֹרָ֤ה הַזֹּאת֙ עַל־סֵ֔פֶר מִלִּפְנֵ֖י הַכֹּהֲנִ֥ים הַלְוִיִּֽם׃

Deuteronomy 17:14-18

(14) If, after you have entered the land that the ETERNAL your God has assigned to you, and taken possession of it and settled in it, you decide, “I will set a king over me, as do all the nations about me,” (15) you shall be free to set a king over yourself, one chosen by the ETERNAL your God. Be sure to set as king over yourself one of your own people; you must not set a foreigner over you, one who is not your fellow Israelite. (16) Moreover, he shall not keep many horses or send people back to Egypt to add to his horses, since GOD has warned you, “You must not go back that way again.” (17) And he shall not have many wives, lest his heart go astray; nor shall he amass silver and gold to excess. (18) When he is seated on his royal throne, he shall have a copy of this Teaching written for him on a scroll by the levitical priests.

Shenei Luchot HaBerit, Torah Shebikhtav, Shoftim, Torah Ohr 24
The very concept of a king, מלך, is rooted in the emanation מלכות. We have already shown that the Talmudic dictum of דינא דמלכותא דינא, is based on the word דינא being the name of G–d א-ד-נ-י, the same letters as the words דינא.
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The king has two Torah scrolls: one that is placed in his treasury, and the other that comes and goes with him. Talmud; Rashi
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If the ordinary person needs one Torah scroll, a king needs two: because of his greatness, he has a greater need to be reminded of the higher authority to which he must submit. ~Yalkut David

דברים י״ח:י״ג

(יג) תָּמִ֣ים תִּֽהְיֶ֔ה עִ֖ם יְהֹוָ֥ה אֱלֹהֶֽיךָ׃

Deuteronomy 18:13

(13) You must be wholehearted with the ETERNAL your God.

Ruth Schapira

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