Rabbi
Doniel Staum, LMSW
Rabbi,
Kehillat New Hempstead
Social
Worker, Yeshiva Bais Hachinuch/ASHAR
STAM
TORAH
PARSHAS
MISHPATIM 5774
“SELF
INFLICTED BLINDNESS”
On one occasion, the Shach[1]
had a monetary disagreement with a prominent member of the Vilna community. The
man was justifiably concerned to challenge the great Shach in a court where the
judges were familiar with the Shach’s legendary erudition and sagacity. The
Shach agreed to travel to the court of the tzaddik, Rabbi Avrohom Abba, the
Rabbi of the city of Narvadok
Prior to the court-case, the Shach
reviewed all the laws and passages in the Talmud pertaining to the case. Based
on his own research the Shach was confident that he was correct and that the ruling
would unquestionably be in his favor.
After both litigants presented their case,
Rabbi Avrohom spent a great deal of time deliberating. When he finally
concluded that the dignitary was correct the Shach was stunned. After stating
that he unequivocally accepted the ruling, the Shach asked Rabbi Avrohom if he
could explain the logic behind his decision. Rabbi Avrohom replied that at
first he himself was unsure of the halacha. However, in a halachic compendium
recently published he found this exact question discussed, and the ruling was
clearly in favor of the other man. When the Shach saw the sefer that Rabbi
Avrohom was referring to, he was shocked. It was a copy of Sifesi Kohen, the
sefer that he himself had published less than a year prior. The Shach commented
that, at that point, he was able to appreciate the wisdom of the sage’s adage
“One does not see his own liabilities”[2].
The Torah states: “Do not accept a
bribe, for the bribe will blind those who see and corrupt words that are just.[3]”
Shulchan Aruch rules, “A judge must be extremely cautious not to accept any
bribes, even from the victorious litigant.[4]”
S’MA explains that it is impossible for a judge’s opinion not to be swayed to
judge in favor of the briber. It is inevitable that a gift of any sort will
cloud the logic and rationale of a judge.
In Ta’am Voda’as, Rabbi Moshe
Shternbuch shlita relates that a widow once approached Rabbi Yehoshua MiKutna
zt’l requesting that he summon a certain individual to court. With tears
streaming down her cheeks, she explained that the man had wronged her and should
be compelled to compensate her for the losses she incurred on his account.
Rabbi Yehoshua replied that he was unable
to preside over her case because her tears had moved him emotionally, and was therefore
tantamount to his acceptance of a bribe.
Ta’am Vada’as concludes that a bribe
need not be a monetary gift. Anything that may influence a judge’s ruling on
any level is included in the prohibition that prohibits a judge from accepting
a bribe.
Rabbi Samson Rafael Hirsch zt’l
explains, “Bribery kills the intellectual and moral force of the one who
receives it… bribery would make even an honest judge, who wishes nothing but
what is right and just, not as clear and firm and decisive as he should be in
giving expression to what is right. His sight becomes clouded; his word
faltering…
“The idea of bribery in the spirit of
Jewish law is given the widest extension. Not only money or goods but the
smallest most unimportant favor, service or attention, the brushing off of
specks of dirt from the coat, the kicking away of a piece of dirt which happens
to lie in front of the foot of the judge, etc. has caused the Jewish judge to
declare, “I have become unfit to be your judge”.”
The Ba’alei Mussar[5]
explain that the blinding effect of bribery manifests in many personal ways.
Our own decisions and “rulings” are strongly influenced and tainted by our own emotions
and sensitivities. Jealousy, desire, unbridled pursuit of honor, as well as a
desire to live like everyone else in society are all examples of deleterious
forms of bribery. The inevitable result of all such drives and emotions is the
same, “for the bribe will blind those who can see and corrupt words that are
just.” The prohibition against bribery accentuates the importance of realizing
this dynamic. Our decisions and actions are invariably influenced by our surroundings
and penchants.
The greatest peril of personal bribery
is that it can lead a person to self-deception. This occurs when one convinces
himself that his actions are just and logical. Korach was the prototype of such
self-deception. His pursuit for self-aggrandizement and esteem blinded him from
recognizing the ineptitude of his challenge to Moshe’s authority and
leadership. His downfall was a direct result of his staunch belief that he was
correct, and that he was acting nobly for the sake of national welfare.
The Torah’s prohibition against a
judge accepting bribery is not limited to the judicial system. It is a warning
about the nature of man, who is predisposed to pretext and excuses. He
justifies his dereliction to fulfill his responsibilities and spiritual
indolence. In order for one to be candid and honest with himself he has
to look beyond his negative emotions, drives, and inclinations.
The most challenging self-interest to
overcome is intellectual and spiritual inertia. It is far easier for one to
consign himself to mediocrity than to challenge himself on a conscious and
preconscious level. It is daunting for one to contemplate his spiritual
accomplishments and to assess if he has met his own goals and aspirations.
However, neglecting to do so is equivalent to accepting the most noxious bribe
of all - the bribe of self-inflicted blindness.
The Mishna[6]
advises, “Do not judge your friend until you are in his place.” The Mishna is
essentially saying that one cannot judge his friend until he is in the same
situation, i.e. in his friend’s, “shoes”. Sefas Emes notes that even if someone
finds himself in the exact same predicament as his friend and all conditions
are equal, he still cannot judge his friend. Although the external situation
may be the same, every person has vastly different temperament, emotions,
sensitivities, dispositions, inclinations, and fears. One’s life experiences,
family upbringing, religious values, personal life’s mission, and sense of
morality all have a strong affect upon his decisions and choices. The response one
chooses in any situation is strongly (if not primarily) affected by his
internal component, far more than the external situation and events. Therefore,
even one if one is in the same predicament as another he cannot fully
comprehend his friend’s actions in the given situation.
Sefas Emes is deriving a poignant message
from the Mishnah. Essentially he is saying that one may never judge
another for, “even if he is in his friend’s shoes, he still doesn’t have his
friend’s feet”.
The prohibition against bribery is a
reminder of how deeply we are affected by our emotions and internality. One
must always be wary of the fact that his judgment is somewhat impaired by the
bribery of his evil inclination who seeks to corrupt his vision of justice,
morality, and accomplishment. Ultimately, every individual is the judge of his
own life and is responsible for the decisions he makes.
“Do not judge your friend until you are in
his place”
“For the bribe will blind those who see”
[1] The
great halachic authority, Rabbi Shabsi HaKohen of Vilna (1622-1633), is known
as the Shach, an acronym for the sefer he authored, Sifsei Kohen. Sifsei Kohen
is one of the classic commentaries on the Shulchan Aruch.
[2] Shabbos
119a
[3] Shemos
23:8
[4] Choshen
Mishpat 9:1
[5] Master
Ethicists
[6] Avos 2:4
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