Ketubot 105b — the Talmud in English

“And he will pervert the words of the righteous” - ![](pamud.bmp "

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even a completely righteous person who takes a bribe does not depart from the world without confusion of mind,

so that he will become a fool.

And then, when he sits to judge while he is a fool, kal va-chomer the bribe will then blind his eye. And this is the intention of the beraita that says, “kal va-chomer for the wicked.”

When he came

when

Rav Dimi

came from the Land of Israel to Babylonia,

he said:

so

Rav Naḥman bar Kohen expounded: What is

the explanation of the verse

as it is written:

Proverbs 29]

“A king by justice establishes the land.

But a man of gifts -

will destroy it”?

If a judge resembles a king,

in that

he does not need

to depend

on anything

from people, he

will establish the land

through justice.

And

however,

if he resembles

a

koen who goes around the threshing floors

to receive the teruma from people -

he will destroy it!

Rabba bar Rav Shila said: This judge who asks for a request,

who asks people for utensils or animals to use -

is disqualified from judging judgment,

since he is bribed by the people who lend to him.

And we said this only

that he is disqualified from judging because he asks from people,

but when he has nothing to lend,

that he himself has no utensils and animals to lend to other people, and it is found that they lend to him without borrowing from him.

But

if

he has

utensils

to lend -

it is of no concern to us!

It does not matter to us that he asks for utensils, since he is not bribed by this, as he also lends to them.

And we challenge:

Is that so? But Rava,

who was a judge,

asked for a request from the house of

the people of the house of

bar Marion, although

they

did not ask from him,

and nevertheless Rava was not disqualified from judging!

And we answer:

There,

what Rava asked from them -

it was in order to honor them,

to give importance to the people of the house of bar Marion;

that was what he wanted.

Rava wanted to give them importance, and therefore he asked from them even though they had not asked from him, but Rava himself could lend to them.

Rava said: What is the reason that

the Torah prohibited taking

a bribe

even in order to vindicate the one who is entitled to be vindicated? -

Since he received a bribe from him -

his mind draws close

of the judge

toward him,

toward the giver of the bribe,

and he becomes like his body, and a person does not see

a side of

liability against himself

even when he intends to judge a true judgment!

What is,

and why is it called

“a bribe”?

Because

he,

the judge who receives the bribe and the person who gives the bribe, become as though they are one body

one.

Rav Pappa said: A person should not judge the judgment of one whom he loves

who is beloved by him,

nor of one whom he hates,

who is hated by him.

One whom he loves,

his beloved -

he does not see

he does not see

him

a side of

liability.

One whom he hates,

the one hated by him -

he does not see his merit.

Abaye said: This Torah scholar,

who is the city’s rabbi,

whom the people of the city love,

whom the people of his city love,

it is not because he is superior,

it is not because he is exceptionally superior,

but because he does not rebuke them with matters of Heaven,

as he does not rebuke them for failing to observe the Torah and the mitzvot.

Rava said: At first,

in the beginning, before I was appointed judge of the city,

I would say

I would say that

these people of Meḥoza,

the people of Meḥoza [the city of Rav

all love me,

they are all my lovers.

Once I became a judge,

but from the time I was appointed judge of the city,

I said,

I said to myself that not all the people of Meḥoza love me, but

some of them [

those whom I find liable in judgment]

hate me,

they hate me,

and some of them [

those whom I find meritorious in judgment]

love me,

they love me.

But afterward,

when I saw

when I came to know

that the one whom I find liable today

the one whom I find liable now in my judgment,

is found meritorious tomorrow,

in another judgment that comes before me,

I said,

I said to myself:

If I love, -

all of them love me.

If I hate, -

all of them hate me.

The Sages taught: [

Exodus 23]

“And a bribe you shall not take” -

There is no need to say a monetary bribe, but even a bribe of words is also prohibited, since it is not written, “A profit

of money

you shall not take.”

And the Gemara explains:

What are the circumstances of “a bribe of words”?

As in this incident: Shmuel was crossing on a ferry,

across a bridge over the river.

A certain man came and gave him

Shmuel

his hand,

in order to help him cross.

He said to him,

Shmuel

“What is your occupation?”

Why did you do this?

He said to him: “I have a judgment.”

He said to him: “I am disqualified from judging you.”

I am disqualified from judging you, even though I did not think about taking a bribe at the time when you helped me.

Ameimar was sitting and judging a case.

A winged creature flew [

a winged creature]

onto his head,

and settled on his head.

A certain man came and removed it,

and took it from his head.

He said to him: “What is your occupation?”

Why did you do this?

He said to him: “I have a judgment.”

He said to him: “I am disqualified from judging you.”

Mar Ukva had spittle lying before him,

there was spittle lying before him.

A certain man came and covered it,

and covered the spittle.

He said to him: “What is your occupation?”

He said to him: “I have a judgment.”

He said to him: “I am disqualified from judging you.”

Rabbi Yishmael bar Rabbi Yosei, it was usual for his tenant farmer [

his tenant farmer, who cultivated his field in exchange for receiving a certain portion of the produce],

who would bring him,

he would bring him

every Sabbath eve [

Sabbath eve]

a basket

of

produce,

from his field.

One day, he brought him

he brought him the produce earlier

on

the fifth

day of the week.

He said to him: “What is different,

what changed this time, that you brought it earlier

today,

now, on Thursday instead of on Sabbath eve!?

He said to him: “I have a judgment,

I have to come and litigate with my opponent before you today,

and I said, incidentally on my way

that I am coming before you for judgment,

I would bring it to the Master.”

He did not accept

Rabbi Yishmael bar Rabbi Yosei

from him.

And not only that, but

he said to him: “I am disqualified from judging you.”

He seated a pair of Sages,

he seated two Torah scholars in his place,

and they judged him.

While he was going and coming,

while Rabbi Yishmael bar Rabbi Yosei was going and coming, he was thinking how his tenant farmer could be found meritorious in judgment, and

he said

to himself:

If he wants, he can argue thus. And if he wants -

he can argue thus.

If he wants to argue, he can argue this way, and if he wants to argue otherwise, he can argue this way.

Rabbi Yishmael bar Rabbi Yosei said,

when he realized how he was turning over in his mind the arguments of his tenant farmer so that he could be found meritorious in judgment -

“May the souls of those who receive bribes be destroyed!”

“And what am I, who did not take

a bribe,

and if I took

from the produce that my tenant farmer brought me, this also was not taking money from the litigant, for it was produce

of my own that I took -

and nevertheless

thus

I think in favor of the tenant farmer because he brought the produce one day early.

Those who receive bribes -

all the more so.

Rabbi Yishmael bar Elisha,

who was a koen,

a certain man brought him “the first of the shearing”

from the shearing of his flock.

He said to him: “From where are you?”

He said to him: “From such-and-such a place.”

From a certain place.

He said to him:

And

for

from there to here,

from there, from the place of your city, to here,

was there no koen to give it to him,

was there no other koen for you to give the first of the shearing to, until you took the trouble to come to me and give it to me?

He said to him: “I have a judgment

before you,

and I said,

and I said to myself,

incidentally on my way,

as I come to you for judgment,

I would bring it to the Master,

I will bring it to my master.

He said to him: “I am disqualified from judging you!”

And

he did not accept from him.

He seated a pair of Sages for him, and they judged him.

While he was going and coming, he said: “If he wants

this man to be found meritorious in judgment,

he can argue thus, and if he wants -

he can argue thus.”

He said: “May the souls of those who receive bribes be destroyed! And what am I, who did not take

from him the first of the shearing,

and

also

if I took,

then

I took what was mine,

and nevertheless I think

thus,

to find arguments for him with which he can be found meritorious in judgment.

Those who receive bribes -

all the more so.

Rav Anan, a certain man brought him a basket

a basket

of small fish from the house of Gili,

a species of small fish.

He said to him,

Rav Anan

“What is your occupation?”

He said to him: “I have a judgment!”

And

he did not accept from him!

He said to him,

Rav Anan:

“I am disqualified from judging you.”

He said to him: “The judgment of the Master” -

I do not want.

I do not want to litigate before you, but

accept, may the Master accept

from me the basket with the small fish,

so that the Master not prevent me

and not prevent me

from bringing first fruits,

from the mitzva of bringing first fruits that I fulfill through this giving -

as it was taught: [

II Kings 4]

“And a man came from Baal-shalishah, and he brought to

Elisha,

the man of God, bread of first fruits, twenty loaves of barley bread.

And fresh grain in his sack.”

But Elisha -

did he eat first fruits?

But he was not a koen; rather, he was from the tribe of Gad!?

Rather, this is to tell you,

that

everyone who brings a gift to a Torah scholar -

it is as though he offers first fruits.

He said to him,

Rav Anan

“Accepting” -

we do not require that I accept

without a reason. But

now,

now

that you have told me the reason -

I accept.

He sent him

Rav Anan sent this man

before Rav Naḥman,

to judge him, and so

he sent him

in a letter that he gave him to deliver to Rav Anan:

“Let the Master judge this man, for I,

since I am

Anan -

am disqualified from judging him.”

He said

Rav Naḥman when he received the letter:

Since he sent him to me

Rav Anan

in this manner, it may be inferred that he is his relative

Rav Anan’s relative

he is,

and therefore he is disqualified from judging him, and I must honor him, for through this Rav Anan will be honored.

The case of orphans was standing

the case of orphans against their litigant was about to be judged,

before him

Rav Naḥman.