Judging the Chofetz Chaim favourably

The name of Rabbi Yisrael Meir Kagan (the ‘Chofetz Chaim’) has cropped up frequently in Avot Today, since so much of his writing is directly or indirectly relevant to Pirkei Avot. Although he never wrote a formal commentary on the tractate, several compilations of Avot-relevant comments and explanations which appeared in his other works were published after his death* and it is obvious from his focus on correct behaviour and good middot that Avot played an important part in his life.

One of the most frequently-cited principles in Avot is the teaching of Yehoshua ben Perachya (Avot 1:6) that we should judge other people meritoriously. This is widely understood as meaning that, where it is possible to judge a person’s actions favourably or otherwise, we should give them the benefit of any doubt.

In his book Shemirot HaLashon, the Chofetz Chaim (at the beginning of Sha’ar HaTevunah, ch.4) cites and then discusses the significance of the principle that one should judge others in relation to the need to guard carefully against improper speech. Remarkably, for anyone familiar with Pirkei Avot, he makes no reference at all to the mishnah of Yehoshua ben Perachya. Rather, he bases the principle on a gemara (Shevuot 30a) which cites a Torah mitzvah: “In justice you shall judge your fellow” (Leviticus 19:15), commenting that this is one of the mitzvot for which a person is rewarded in this world but for which the ‘capital’ of his reward remains intact in the World to Come (Shabbat 127a).

In the following chapter, the Chofetz Chaim explains that the commandment to judge others justly is itself a subset of a wider mitzvah: “love your fellow like yourself” (Leviticus 19:18). But in this chapter too there is no mention of the mishnah in Avot.

At first glance it seems astonishing that the Chofetz Chaim should overlook this mishnah and fail to name-check the Tanna in whose name it is taught. Surely he must have known of it! How could he have relegated it from his masterly compendium of speech-related laws and best practices?

I believe that there is an answer to this question that both explains and vindicates the decision of the Chofetz Chaim to omit this mishnah. When writing in his eponymous sefer about the principles that govern permitted speech, he modestly mentions that his is not the first work to address the evils of lashon hara.  Much the same ground, he recognises, was covered by Rabbenu Yonah in his Sha’are Teshuvah. There is however a difference between these works. The account of the need to guard one’s speech in Sha’are Teshuvah was couched in terms of middot—good and proper standards of behaviour—while the objective of the Chofetz Chaim was to frame the same principles as mitzvot. Bearing in mind the comment of the Bartenura on Avot 1:1 that the entire tractate, unlike the rest of the Mishnah, consists of middot and mussar, it is easy to dismiss Avot as merely guidance, devoid of the force of law, the decision of the Chofetz Chaim to describe judging others favourably as a Torah mitzvah is perfectly reasonable.

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·         See eg Shmuel Charlap,  Chofetz Chaim al Masechet Avot, Jerusalem 1962; Rabbi David Zaretzky, Masechet Avot im Pirushei HaChofetz Chaim, Jerusalem 1974 (translated into English as The Hafetz Hayyim on Pirkey Avoth, Feldheim Publishers, Jerusalem 1975).