We learn about not taking a bribe
twice in the Torah:
In Parshat Mishpatim, Shmot 23:8 we
are told:
Do not accept a bribe, for the bribe
will blind those who see and corrupt words that are just.
In Parshat Shoftim, Dvarim 16:19, we
are commanded using almost the same words with a slight variation:
Do not wrest judgment; do not
display favoritism; neither take a bribe for a bribe blinds the eyes of the
wise and make just words crooked.
Nechama Leibowitz points out the
extremes that the rabbis in the Talmud went through in order to not transgress
this mitzvah:
The very concept of bribery has been
extended by our Sages to include not only the acceptance of a monetary gift but
all kinds of benefits and services, even the student’s showing respect to his
teacher. Though this is his duty, if it is liable to create a predisposition in
his favor in the heart of the judge, it comes under the prohibition of: “neither
take a bribe.”
Professor Leibowitz brings two
examples from the Talmud, Ketubot 105b:
“Neither take a bribe”- not merely a
monetary gift but even verbal bribery is forbidden. What is meant by verbal
bribery? Shmuel (a Talmudic sage) was crossing a ferry and a man came up and
gave him his hand for support. Shmuel said to him: “What are you doing here?”
The man answered: “I have a lawsuit to submit to you.” Shmuel answered: “I am
disqualified from judging your case.”
Amemar was judging a case. A bird
perched on his head. A man came and removed it. Amemar asked him: “What are you
doing here?” He answered: “I have a
lawsuit here.” Amemar observed: “Then I am disqualified from judging your case.
The Rambam (Hilchot Sanhedrin v’HaOnshin
HaMesurin Lahem 23:3) teaches:
Any
judge who sits and seeks to amplify his reputation in order to cause the wages
of his attendants and scribes to be enhanced is included among those who seek
after profit (betza). This is what the sons of Shmuel the Prophet did. As we see in Shmuel Alef 8:3
“His sons did not follow his ways. They were swayed by profit (betza).
They took bribes and they perverted justice.”
Shmuel’s sons moved down to Be’er
Sheva and charged for their services as opposed to Shmuel who was located in Ramah
which was much more accessible and never accepted payment.
When it was time to choose a new
leader, the elders told Shmuel (Shmuel Alef 8:4) “You have grown old and your
sons did not follow your ways. So now appoint for us a king to judge us, like
all the nations.”
The elders understood that it is
impossible to continue with corrupt leaders who take bribes.
There is a reason why the Torah
mentions not taking bribes twice when it could have been mentioned once. We
need an extra reminder that our leaders must be upstanding like Shmuel who did
everything above board as opposed to his sons who were doing business under the
table.
Some things never change. Many
Israelis still don’t seem to understand what the big deal is if a Prime
Minister takes gifts such as cigars. The Torah and the rabbis therefore
emphasize that this is not acceptable and it should not be done. The rabbis in the
Talmud were careful not to even take the case of a person that helped them out
for a minute (without an exchange of material gifts).
When we go to the elections next
month, may we focus on the original commandment, take the Rambam’s message
seriously and not support candidates and leaders who chase after money or other
forms of corruption. Can we find any candidates who meet these criteria? For
the sake of our future, I certainly hope so.