Shoftim
Rabbi Jablinowitz
We read in this week's parsha the prohibition on judges against taking bribes. The pasuk states (Chapter 16, Pasuk 19), V'Lo Sikach Shochad, Ki HaShochad Ye'aver Einei Chachamim Visaleif Divrei Tzadikim. Do not take bribes, for bribes will blind the eyes of the wise, and distort the words of the righteous. On the last words, Visaleif Divrei Tzadikim, Rashi and Onkelos teach, bribes distort the words of the Torah which are correct words.
On the command against taking bribes, Rashi explains that this comes to include even in judging a case correctly. Therefore, if the person who is actually worthy of a positive judgment offers a bribe to ensure his vindication, it is still prohibited on the judge to accept the payment. Accepting bribes is prohibited even if the actual verdict of the case will be judged truthfully.
The Sfas Emes asks why is it so terrible to accept a bribe to judge correctly. It would seem the main goal of the judge is to reach a truthful judgment. Why can't a judge accept payment in such a case?
The Sfas Emes brings in the name of the Chidushei HaRim who taught in the name of his teacher, Rav Simcha Bunim of Parshischa, that we typically do not find that the Torah makes a fence around a prohibition. This is something that the Torah delegates to the Chachamim. One exception is the prohibition against falsity. The Torah states (Shmos, Chapter 23, Pasuk 7) M'Dvar Sheker Tirchak, Stay far away from a lie. Not only are we commanded to not lie, but in addition, we must distance ourselves completely from falsehood.
The companion mitzvah to this prohibition is the Torah teaching in our parsha (pasuk 20), Tzedek, Tzedek Tirdof L'Ma'an Tichyeh V'Yarashtah es Ha'aretz Asher Hashem Elokecha Nosein Lach. The Torah requires us to pursue justice and it repeats the word justice twice in order to emphasize the need to go far in achieving this goal. And it uses the word Tirdof, pursue, in order to stress the difficulty of the task. This world is a world full of falsehood, Alma D'Shikra, and therefore one needs to pursue justice with a unique effort. The Maharal teaches that whenever a miracle occurs, the sequence of events occur in a manner which is above the normal passage of time. When Bnei Yisrael left Mitzrayim, they left quickly, B'Chipazon. When the miracle of Purim was in full swing, things happened at a quickened pace, Maharu es Haman, Vayavhilu Lehavi es Haman, Haman was moved quickly from place to place since the miracle of Purim was above the normal constraints of time. Similarly, finding justice and truth in a world of falsehood is requires us to run in a manner which is above and beyond a typical timeframe. It requires a miraculous effort to find justice and truth in this world.
In fact, the Sfas Emes teaches that a total achievement of truth and justice in this world is impossible. The word Tirdof implies an ongoing lifelong pursuit which is never completed. We run after truth with all our ability in this world and achieve a world of truth only in the world to come. This is why the continuation of the pasuk of pursuing justice states L'Ma'an Tichyeh V'Yarashtah es Ha'aretz Asher Hashem Elokecha Nosein Lach. This is hint of ultimately inheriting our portion in the world to come, a world of absolute truth.
When the Torah prohibits taking bribes, it is not merely concerned with the outcome of the judgment. The Torah states that bribes blind the eyes of the wise. The Torah is primarily concerned with the eyes of the Chachamim. We need to look at the world with the proper outlook. We have to pursue justice and look for it everywhere. When our perspective is colored with bribes, this is the ultimate negation of our need to pursue truth. We look at the world with colored glasses and can't see the truth.
The Sfas Emes adds that the Chachamim are referred to as Einei Ha'Eidah", the eyes of the people. When the pasuk says V'Shaftu es Ha'am, and they shall judge the people, it is indicating that the role of the judges is also to lead the people and be their eyes in providing the proper outlook and vision. Bribes cloud the vision of the judges and subsequently that of the people as well. They must lead the way in pursuing justice in order to encourage every individual on his life's journey of finding the truth contained within a world of falsehood. The responsibility of the judges is in maintaining that they see properly so that their eyes and the eyes of people remain Einei Chachamim.
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