Parshas Ki Teitzei- Maintain Your Advantage This Elul

This week’s parsha includes the commandment of זָכ֕וֹר אֵ֧ת אֲשֶׁר־עָשָׂ֛ה יְהֹוָ֥ה אֱלֹהֶ֖יךָ לְמִרְיָ֑ם בַּדֶּ֖רֶךְ בְּצֵֽאתְכֶ֥ם מִמִּצְרָֽיִם Remember what Hashem your G-d did to Miriam on the way out of Mitzrayim. This mitzvah, which references the sin of Miriam when she spoke lashon hara about Moshe which resulted in her punishment of tzaras, is among the seven that we are obligated to remember every day. There are scores of lessons to be learned from this mitzvah as laid out by nearly all of the major meforshim. The Chofetz Chaim speaks about it at length in both the Sefer Chofetz Chaim and the Sefer Shmiras Halashon in addition to an entire sefer dedicated to it known as the Kuntres Zachor LeMiriam.

It’s difficult to choose which of the hundreds of ideas to focus on, but there is a nuance that the Chasam Sofer points out that is highly relevant to Elul. The Chasam Sofer references the gemara in Sotah (9b) which explains מִרְיָם הִמְתִּינָה לְמֹשֶׁה שָׁעָה אַחַת שֶׁנֶּאֱמַר וַתֵּתַצַּב אֲחוֹתוֹ מֵרָחוֹק לְפִיכָךְ נִתְעַכְּבוּ לָהּ יִשְׂרָאֵל שִׁבְעָה יָמִים בַּמִּדְבָּר שֶׁנֶּאֱמַר וְהָעָם לֹא נָסַע עַד הֵאָסֵף מִרְיָם Miriam waited for Moshe one hour, as it says: And his sister stood from afar. Therefore the nation waited for her seven days in the desert, as it says: and the people did not travel until Miriam returned (from the quarantine that was imposed upon her as a result of the tzaras she suffered from in punishment for speaking about Moshe). This gemara teaches that Miriam was rewarded midda keneged midda for her chesed in waiting for Moshe when he was a baby.

The Chasam Sofer asks on this gemara. He explains that there are two ways in which we can look at what Miriam was doing when she was watching Moshe. The first way is to view her as if she was simply a sister watching her brother to see what happens to him in a dangerous situation. The second way is to understand that Miriam had prophecy and therefore knew that Moshe was destined to become the leader and redeemer of Klal Yisrael. As such, her intention in watching him was because she wanted to see if there was something she could do “to assist” Hashem’s chosen leader. This second possibility is clearly on a much higher level as it would have been carried out not simply because of the love of a sister for her brother but lekavod shamayim. The Chasam Sofer points out that we are commanded to give others the benefit of the doubt and, therefore, we would have to say that Miriam watched Moshe for the second, more holy reason. However, that is not the case. We see from the fact that Miriam was rewarded in this world, by having Klal Yisrael wait for her, that Hashem viewed her as waiting for Moshe on the lower, albeit still very lofty level, — as a sister might. Because if she was waiting for Moshe on the higher level, her reward would have been so much greater that it would have been reserved for the next world.

In addition to our obligation to judge favorably, the gemara in Shabbos (127b) tells us: הַדָּן חֲבֵירוֹ לְכַף זְכוּת — דָּנִין אוֹתוֹ לִזְכוּת Everyone who judges his friend favorably, he himself is judged favorably. That means that Hashem also judges favorably. So why was it that Miriam was not judged favorably? The Chasam Sofer answers his question as follows. Miriam made a presumption relating to how Moshe was acting vis-a-vis his wife, and she did not give Moshe the benefit of the doubt. Therefore, because she did not give Moshe the benefit of the doubt, she was not given the benefit of the doubt by Hashem. The converse of the gemara is true: anyone who does not judge his friend favorably, is not judged favorably by Hashem. The Chasam Sofer concludes: וזהוּ מוּסר למספּרי לה״ר This is the lesson to those who speak Lashon Hara.

All throughout Elul and the Aseres Yemei Teshuva, we are seeking rachamim from Hashem. We’re asking Him to give us the benefit of the doubt, even when He knows our exact intentions were sometimes less than stellar. And this is something that Hashem actually “wants” to do. However, if, during this same time period, we are not judging others favorably, we are forfeiting the right to ask Hashem to judge us favorably. There are halachos that determine when we must give someone the benefit of the doubt and when we do not need to. During these special days when we want Hashem to tip the scales toward our benefit even when we really don’t “deserve it”, we should be granting others the benefit of the doubt lefnim meshuras hadin.

The Takeaway:
Miriam was not given the benefit of the doubt by Hashem because she did not give Moshe the benefit of the doubt. Hashem judges us in the way that we judge others. When we are asking Hashem to overlook our flaws and see what’s good and focus on the potential within us, we must do the same for others or lose that opportunity ourselves.

This Week:
Assume good intentions on the part of those around you. When something occurs and you have the impetus to create a story about why someone did something, create a story that is positive and gives the other person the benefit of the doubt.