A Learning Section about Parasha Shofetim (based on the work of Rav Kook).
Read chapter Deuteronomy 16: 18-20 and compare it to Shemot: 23:8
In both passages, bribes are seen as bad and forbidden…they blind the wise…they twist justice.
Bribes were condemned in the Talmud…”If bribes blind the wise, how much more so for the unwise; and if they twist the words of the just, how much more for the unjust. Even a great scholar who takes a bribe will go blind.” (Ketubot 105 a)
How would you describe the reason for a bribe and the danger of accepting a bribe?
Gemara: “What is the reason for bribes? If a person accepts a bribe, he draws near to the giver, and the giver becomes like his own person.
And one is incapable of recognizing his own faults.”
The danger is that the bribe will render one incapable of recognizing the truth.
“One takes a bribe from an evil person in order to pervert the course of justice.” (Proverbs 17:23)
Rambam: “It is obvious that it is forbidden to accept a bribe with the intention of perverting the law. But this prohibition refers to accepting bribery in order to find the guilty culpable and the innocent blameless:” (Mishneh Torah /Hilchot Sanhedrin 23:1)
Rambam: “ A person must not judge someone whom he likes or one whom he detests. He will be incapable of finding any misdeeds on the part of the one whom he likes and equally, he will find no favor for the one whom he dislikes.”
Rabbi Shmuel was once crossing a bridge when a man stretched out his hand to assist him. “Where are you going?”asked Shmuel. “I have a trial.” “If so then I am now incapable of judging you due to your assistance.” The Gemara summarizes and states that “bribery not only takes the form of money and gifts, but even sometimes appears in the shape of help and words.”
Rabbi Yishmael ben Rabbi Yossi provided land to a farmer who brought him fruit every Friday prior to the Sabbath while keeping the rest for the farmer’s family. One day the farmer appeared at R. Yishmael’s house on a Thursday, with the fruit in hand. When asked why he was making the delivery one day early, he replied that he had to appear in court on Friday. R. Yishmael commented that he would not be able to judge the tenant farmer because he had received fruit from him. Even though the fruit technically belonged to R. Yishmael, receiving it could pervert his judgment. As it happened on Friday, R. Yishmael was in the vicinity of the trial and heard the proceedings. He said to himself, “if only the farmer would say this….he could win this case!” At which point he recognized the dangers of accepting a bribe even when one is guarded against doing so.
The lesson: Humans are influenced by material wealth. When they are under the influence of receiving gifts from others, they are incapable of seeing the truth.
It is possible that a verdict may acquit the innocent and punish the guilty…but this will occur despite the bribe.
Ramban: Need to ensure that judges have sufficient material wealth that they will not be tempted to accept bribes.
Why the concern about bribery? Rav Kook: Our court system is an opportunity to meet G-d in this world…when humans interfere with the workings of this system, the Divine element is lost. When the judge is swayed by his weaknesses/inclinations….the judge stops being the representative of Divine justice.
Mishneh Torah (Rambam): The judge who accepts a bribe goes blind, and a blind man is disqualified from being a judge.
Rav Kook: The judge who tries to inject his own failings into the courtroom is simply precluded from the process of Divine Justice.
No comments:
Post a Comment