Reply To: YWN Coffee Room Nightly D’Var Torah

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JayMatt19
Participant

Wow, ghost town. (Yashrus, hope you are feeling better, but it is after midnight here in Yerushalayim, and I have yet to see Torah on the board today) Besides, I like challenging myself to find something new to post, so thanks everyone for helping me! (Trying to judge ??? ????, which is the topic)

Here is something from the Gevuras Yitzchak on Pirchei Avos:

???? ?? ?? ?? ???? ??? ????. (One should judge every man with the benefit of the doubt).

Does this apply towards non-Jews?

Tosfos in Bava Kama says that ??? only refers to Yidden. However, it doesn’t say ??? here, it says ????, and that CAN incorporate non-Jews as well. Therefore, it appears that here, in Pirchei Avos, we are told that we must judge EVERYONE with the benefit of the doubt.

The Rambam in the Sefer HaMitzvos states that the obligation of judging someone with the benefit of the doubt is derived from the passuk ????, ???? ????? (with righteousness you shall judge your fellow). Non-Jews, are not included in the word ?????, therefore, it would seem obvious that they are not included in the obligation to judge with the benefit of the doubt.

However, the Chafetz Chaim quotes the Rambam’s Peirush HaMishnayos on this Mishna, where he states that our mishna in Pirchei Avos is not Halacha, just “Darchei HaChassidus”. Therefore, the mishna is saying even in cases where one need not judge with the benefit of the doubt (according to the letter of the law), nevertheless, Darchei HaChassidus says to judge favorably. Therefore we can say that even though one is not obligated according to the letter of the law to give the benefit of the doubt to non-Jews, Darchei HaChassidus, as taught here in Pirchei Avos, says one should give them the benefit of the doubt.

The Gevuras Yitzchak concludes with the famous words “????? ???? ???” (and this requires further investigation!)