Ketubot 105b (קה:) — the Talmud in English

"And he perverts the words of the righteous" -

Even a completely righteous person who takes a bribe does not depart from the world without suffering a derangement of mind,

which will cause him to become a fool.

And then, when he sits in judgment as a fool, it is all the more a kal va-chomer that the bribe will blind his eye at that point. And this is the meaning of the beraita that says, "It is a kal va-chomer with regard to the wicked."

When

Rabbi Dimi

came

from Eretz Yisrael to Babylonia,

he said:

so

Rav Naḥman bar Kahana expounded: What is

the explanation of the verse

as it is written: [Proverbs 29]

Proverbs 29

"A king by justice establishes the land.

But a man who takes gifts -

destroys it"?

If a judge resembles a king,

in that

he does not need

to depend

on anything

from other people, he

will establish the land

through justice.

And

however,

if he resembles

the

koen who goes around the threshing floors

to receive teruma from the people -

he will destroy it!

Rabba bar Rav Sheila said: This judge who asks for loans,

who asks people for utensils or animals to use -

is disqualified from adjudicating

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

And we said this

that he is disqualified from adjudicating because he asks things from people

only when he has nothing to lend,

that is, he himself has no utensils or animals to lend to other people, and consequently 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 that he borrows utensils, since he is not bribed by this, as he also lends to them.

And we challenge this:

Is that so? But Rava,

who was a judge,

borrowed things from the household of

the people

of the house of Mar bar Maryon, although

they

did not borrow from him,

and nevertheless Rava was not disqualified from adjudicating!

And we answer:

There,

what Rava borrowed from them -

was in order to honor them,

to give importance to the people of the house of Mar bar Maryon;

that was what he wanted.

Rava wanted to honor them, and therefore he borrowed from them even though they did not borrow from him; but Rava himself was able to 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? -

Once he has accepted a bribe from him -

his mind becomes inclined toward him,

the judge's

toward him,

the one who gave the bribe,

and he becomes like his own body; and no person sees

a side of

liability against himself

even when he intends to judge a true judgment!

What

and why is it called

"bribery"?

Because

he,

the judge who accepts the bribe and the person who gives the bribe become as though they were one body,

one.

Rav Pappa said: A person should not adjudicate the case of one whom he loves

and who is dear to him,

nor that of one whom he hates

and toward whom he harbors hatred.

One whom he loves,

his beloved -

he does not see

and does not perceive

for him

a

side of liability.

One whom he hates,

the one toward whom he harbors hatred -

he does not see a side of merit for him.

Abaye said: This Torah scholar,

who is the city's rabbi,

whom the people of the city love,

whom the residents of his city love,

it is not because he is superior,

it is not because he is exceptionally outstanding,

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

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

Rava said: At first,

before I was appointed judge of the city,

I thought

that

these people of Meḥoza,

the people of Meḥoza,

all loved me,

they were all my friends.

Once I became a judge,

but after I was appointed judge of the city,

I said,

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

some of them

those whom I found liable in judgment

hated me,

they hated me,

and some of them

those whom I found meritorious in judgment

loved me,

they loved me.

But afterward,

when I saw

and realized

that the one whom I find liable today

the one whom I find liable now in my ruling

is found meritorious tomorrow,

in another case that comes before me,

I said,

I said to myself:

If I am loved -

everyone loves me.

If I am hated -

everyone hates me.

The Sages taught: [Exodus 23]

Exodus 23

"And you shall not take a bribe" -

It is not necessary to say that a monetary bribe is prohibited; rather, even a bribe of words is also prohibited, since it is not written, "You shall not take a gain

of money

."

And the Gemara explains:

What are the circumstances of "a bribe of words"?

As in this incident involving Shmuel, who 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

said to him:

Why did you do this?

He said to him: I have a case.

He said to him: I am disqualified from adjudicating your case.

I am disqualified from judging you, even though I did not think of taking a bribe when you helped me.

Ameimar was sitting and adjudicating a case.

A winged creature flew

a winged creature

onto his head,

and settled on it.

A certain man came and removed it,

taking it from his head.

He said to him: Why did you do this?

Why did you do this?

He said to him: I have a case.

He said to him: I am disqualified from adjudicating your case.

Mar Ukva had spittle lying before him,

there was spittle lying before him.

A certain man came and covered it,

covering the spittle.

He said to him: Why did you do this?

He said to him: I have a case.

He said to him: I am disqualified from adjudicating your case.

Rabbi Yishmael, son of Rabbi Yosei, had a sharecropper

his sharecropper, who worked his field in exchange for receiving a certain portion of the produce,

who would bring him

would bring him

every Sabbath eve

the eve of Shabbat

a basket

a basket

of fruit

from his field.

One day, he brought it to him

he brought him the produce earlier than usual

on

Thursday

of the week.

He said to him: What is different,

what has changed this time, that you brought it earlier,

today,

now, on Thursday instead of on the eve of Shabbat!?

He said to him: I have a case,

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

and I thought, on the way,

since I was coming before you for judgment,

I would bring it to my master.

He did not accept it

Rabbi Yishmael, son of Rabbi Yosei,

from him.

And not only that, but

he said to him: I am disqualified from adjudicating your case.

He seated a pair of Sages

he seated two Torah scholars in his place,

and they adjudicated his case.

While he was walking back and forth,

while Rabbi Yishmael, son of Rabbi Yosei, was walking back and forth, he considered how his sharecropper could prevail in the case, and

said

to himself:

If he wishes, he can make this claim. And if he wishes -

he can make that claim.

If he wishes to make one claim, he can make this claim, and if he wishes to make another claim, he can make that claim.

Rabbi Yishmael, son of Rabbi Yosei, said,

when he realized how he was turning over his sharecropper's claims in his mind so that he might prevail in the case -

May the souls of those who accept bribes perish!

And as for me, who did not take

a bribe,

and even if I did take

the produce that my sharecropper brought me, it was not even taking money from the litigant, since it was my produce,

I took what was mine -

and nevertheless

in this way

I think on behalf of the sharecropper because he brought the produce one day early.

Those who accept bribes -

all the more so.

Rabbi Yishmael bar Elisha,

who was a koen,

a certain man brought him "the first shearing"

from the shearing of his flock.

He said to him: Where are you from?

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

From a certain place.

He said to him:

And

why

from there to here,

from there, from your city, all the way here,

was there no koen to give it to

you, that you had to trouble yourself to come to me and give it to me?

He said to him: I have a case

with you,

and I thought,

I said to myself,

on the way,

while coming to you for judgment,

I would bring it to my master,

I would bring it to my master.

He said to him: I am disqualified from adjudicating your case!

And

he did not accept it from him.

He seated a pair of Sages for him, and they adjudicated his case.

While he was walking back and forth, he said: If he wishes

this man to prevail in the case,

he can make this claim, and if he wishes -

he can make that claim.

He said: May the souls of those who accept bribes perish! And as for me, who did not take

the first shearing

and

also

if I did take it,

it was

what was mine that I took,

and nevertheless I think

in this way,

to find claims for him with which he could prevail in the case.

Those who accept 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

said to him: What is your business?

He said to him: I have a case!

And

he did not accept it from him!

He said to him

Rav Anan

said to him: I am disqualified from adjudicating your case.

He said to him: I do not want

your judgment.

I do not want to litigate before you, but

please accept from me

the basket of small fish,

so as not to prevent me

and do not prevent me

from bringing first fruits,

from the mitzva of offering first fruits that I will fulfill through this gift -

as it is taught: [II Kings 4]

II Kings 4

"And a man came from Baal-shalisha, and brought to

Elisha,

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

And fresh grain in his sack."

But did Elisha -

eat first fruits?

Was he not a koen, but rather was he from the tribe of Gad!?

Rather, this is to tell you

that

anyone who brings a gift to a Torah scholar -

it is as though he offers first fruits.

He said to him

Rav Anan

said -

"Accepting" -

I do not want to accept it without a reason. But

now,

at present,

that you have told me the reason -

I will accept it.

He sent him

Rav Anan sent this man

before Rav Naḥman,

so that he would adjudicate his case, and thus

he sent him

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

"Let my master adjudicate this man, as I

since I

am Anan -

am disqualified from adjudicating his case."

Rav Naḥman said,

when he received the letter:

Since he sent him to me

Rav Anan

in this manner, it follows that he is his relative,

Rav Anan's relative

he is,

and therefore he is disqualified from judging him, and I must honor him, since in this way Rav Anan will be honored.

The case of orphans

was about to be adjudicated, a case of orphans against their litigant,

before him

Rav Naḥman.