Bribery doesn’t have to take the form of money TB Ketubot 105

A judge to be impartial he must avoid two different kinds of bribes that are discussed on daf TB Ketubot 105. Obviously, he must not accept money from one or both of the parties in the dispute.

“But isn’t it taught in a baraita: “And you shall take no bribe” (Exodus 23:8); what is the meaning when the verse states this? If it comes to teach that one should not acquit the guilty and one should not convict the innocent due to a bribe, it is already stated: “You shall not wrest judgment” (Deuteronomy 16:19). Rather, this verse teaches that even if the purpose of the bribe is to ensure that one acquit the innocent and convict the guilty, the Torah nevertheless says: “And you shall take no bribe.” This indicates that it is prohibited for a judge to receive anything from the litigants, even if there is no concern at all that justice will be perverted…

“Rabbi Abbahu said: Come and see how blind are the eyes of those who accept bribes, and how they ruin themselves. If a person has pain in his eyes, he gives a doctor money, and even then it is uncertain whether he will be healed or whether he will not be healed. And yet those judges take the value of a peruta, a small amount of money as a bribe, and actively blind their eyes, as it is stated: “For a bribe blinds those who have sight” (Exodus 23:8).

“The Sages taught: “For a bribe blinds the eyes of the wise” (Deuteronomy 16:19); a fortiori it will certainly blind the eyes of fools. “And perverts the words of the righteous” (Deuteronomy 16:19); a fortiori it will certainly pervert the statements of the wicked. The Gemara asks: Are fools and the wicked suitable for judgment, i.e., to be appointed as judges? Rather, this is what the tanna of the baraita said: “For a bribe blinds the eyes of the wise”; even if he were very wise but he took a bribe, he will not leave this world without suffering blindness of the heart, i.e., he will eventually turn foolish. “And perverts the words of the righteous”; even if he is completely righteous but he took a bribe, he will not leave this world without becoming demented…

“Rava said: What is the reason for the prohibition against taking a bribe? Once a judge accepts a bribe from one party, his thoughts draw closer to him and he becomes like his own self, and a person does not find fault in himself. The Gemara notes that the term itself alludes to this idea: What is the meaning of shoḥad (שׁוֹחַד), bribe? It can be read as: Shehu ḥad  (שֶׁהוּא חַד), as he is one, i.e., at one mind with the litigant. Rav Pappa said: A person should not judge a case involving one whom he loves, nor involving one whom he hates. He should not judge one whom he loves, as he will not find any fault in him, while with regard to one whom he hates, he will not find any merit in him.” (Sefaria.org translation)

Then the Gemara describes a less obvious form of bribery that perverts the judge’s sense of impartiality. The rabbis recognize verbal bribery as well. The Gemara gives several examples of extremely honest and honorable judges who disqualify themselves because they could no longer be impartial.

“This can be demonstrated by that episode involving Shmuel, who was once crossing a river on a narrow ferry. A certain man came along and gave him a hand to help him out of the ferryboat. Shmuel said to him: What are you doing in this place? The man said to him: I have a case to present before you for judgment. Shmuel said to him: I am disqualified from presiding over your case, as you did me a favor. Although no money changed hands, a bond was formed between the pair.

“The Gemara relates a similar story. Ameimar was sitting and judging a case when a feather floated and landed on his head. A certain man came by and removed it from his head. Ameimar said to him: What are you doing here? He said to him: I have a case to present before you. Ameimar said to him: I am disqualified from presiding over your case, due to the favor you performed for me. The Gemara likewise relates: There was spittle lying before Mar Ukva. A certain man came by and covered it. He said to him: What are you doing here? He said to him: I have a case to present before you. Mar Ukva said to him: I am disqualified from presiding over your case.” (Sefaria.org translation)

If only some members of our own Supreme Court were as scrupulous as the above judges. I believe that Supreme Court Justice Clarence Thomas should recluse himself from all cases concerning the January 6^th insurrection. His wife Ginny planned, pressured elected officials to subvert a fair and honest election, and financially supported the Save America Rally which Pres. Trump sent the protesters to storm the capital in order to disrupt the Electoral College vote and prevent a peaceful transfer of power to President-elect Biden. Clarence Thomas benefits in innumerable ways from his relationship with his wife Ginny. Her involvement in the insurrection and his relationship with her makes it impossible for him to remain impartial.  I hope he is as honest and honorable as Shmuel, Ameimar, and Mar Ukva.