Parshas Shoftim: The Sheikh & The Mashgiach

A Real Bribe And A Hard No

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I was offered a bribe this past week and I was strong enough to say no because I was empowered by the second push of our weekly parsha.

The Torah Ban On Bribery

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Shaifdin Bishoitrim, the Tyra begins. Officers and judges you should appoint for you in your midst in the land that you're settling, and you should judge the nation with its due justice. Loisate Mishpat Don't judge unfairly. Loisakir Panim, don't show partiality. The Loisika Shoihad, don't take the hush money. Don't take the present. The twenty slipped under the table. Don't take it. Ki Hashoad Their explains why you shouldn't take a bribe. Interesting that the other commandments, the other five Lavin that you'll have in this group of psukim, it doesn't give a reason for why you shouldn't judge unfairly and why you shouldn't show partiality. But here when it comes to Shoichad, to judges accepting bribes, the tyre continues Kihashoad Yahne Hakam V Salef Divre Sadikim. You shall not take bribes for bribes. Blind the eyes of the discerning. Yaver means blind, Aine means eyes, Kahamim means the discerning ones. V Salef Divrait Sadikim and it will misconstrue and mix up the words of the righteous. It is interesting that the Torah is very precise in the way that it describes what Shoichad causes. There is by discerning ones a blinding of their eyes, and there is by righteous ones the upsetting of their plea of the just. There's Yahver and there's Vyasalef and there's Sadikim. And the commentators talk about it.

Bias Begins While Listening

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Rashi gets right into it. Don't show favoritism. Rashi says, Afbishasat, even when they're presenting their claims, there is a strict law that a judge not show favoritism in the way that he listens to their presenting of their claims. This is Azhar aladayan, Shaloyihara Rachlazeh Vakashalaze, Echad Oymid V Echad Yoshivar Shahadayan Mechabed Ishaver Mestaventa. If the judge is even listening to one fellow in a more open and relaxed way, and listening to the other fellow in a very strict and rigid way, that's already considered showing favoritism and can bring to an incorrect judgment. The Tatar says don't take Shoichad Zagdarashi Aphilish Bite Sedek. Even if taking of Shochad will not hinder your judgment at all, it's still prohibited. Someone offers you one dollar, that shouldn't change the way you will judge a case, still taking that bribe, even though it won't pervert the justice, is still prohibited. It's hard to understand what the reasoning is behind that. We gotta really push our minds on it. But things get worse before they get better. Rashi explaining Kya Shoihad Yahver that the Shoichad blinds Zakrashi Mishibel Shoihad Mimenu When you accept a bribe from one of the litigants, E Fshar Shilo Yate Ezliboy Etsloi Lahapoh Bizhuso, it is impossible that you won't be favorable in your heart to one of them who gave you the bribe and to make the court case end favoring and granting victory to the one who bribed you. It is impossible to remain impartial and act as an honest and forthright judge if you've received a bribe. Firstly, we need to wonder why. Even if it's it sounds like twenty-five cents, and your entire career is on the line, if you get caught judging after taking a bribe, if you really judge the wrong way after your twenty-five cent bribe, you could be cut out of the role as acting as a judge. So any normal thinking judge would not judge in a blinded way, even if they received a tiny twenty-five cent coin. So why is it that it's impossible to judge normally if you've taken small amounts of money, something so insignificant?

Why A Tiny Gift Still Blinds

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The Gemara itself gives uh some graphic imagery and a mushle for what happens for when a judge accepts a bribe. Vomru Khachamim Zakinal of Racha, my Shoihad, Shehuchad. Shoichad, the word bribe or present, is a amalgamation and a quasi acronym of Shehuchad Kilomar. That you are one. Shah Mekabel Vahanosein Nasu Echad the Shov in a royal chiva. When you accept the Shoichad, you now become Shehuchad. You become one with the guy who gave you the 25 cent piece, and now you cannot see him in a negative light. He's you. You guys are one and the same. Twins, best friends. More than that, it sounds like you're actually one entity, Siamese twins, with the fellow who gave you the 25 cent piece. An interesting marshal. But you have to wonder why. You have to wonder why the bribe is so powerful. Imagine we're talking about even the smallest bribe. And the guy who has the biggest career on the line, yet it's still impossible to judge favorably. Isn't that interesting? This question is not mine.

The Sheikh’s Challenge And The Answer

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It was asked moons ago by a sheik who asked it to Revmer Khadash, believe it or not. I heard this episode when I was standing outside of a real estate colleague's office with an incredible, honest, happy, kind, good father, Torah learning, and God-trusting balabas in our community named Mr. Elbaz. And he told me when we were talking about the idea of the parsha and bribery and honest money and hush money. He said, Michal, listen to this story that I heard that once a sheikh asked this question to Rammer Chadash. Ramer Chadash, he was the Mashkiach of the Slobodka Yeshiva when it moved to Chevron, and he was a Talmud of Ravnosansi Finkel, the altar of Slobodka. Ramer Chadash was world famous for skillfully adapting the altar's teachings to modern day yeshiva world, and Rammer Chadash was humble and sensitive to such an extraordinary extent. He was a quintessential Slabodska Mashkiach. He died back in 1989. So the sheikh walks up to this great Ravmer Chadash and says, Rabbi, or however a sheikh would talk, probably not with that redneck farmer man kind of accent I just put on. But the sheikh said, Rabbi? I don't understand. I don't get it. Why does the Torah prohibit accepting bribes? Seems you Jews are weak. You can't handle judging after you gotten a bit of money. I take bribes all the time, and I get to judge cases. People come to me. And people pay me off. But I take the money and has nothing to do with how I actually act and how I ascertain the truth of the case. I just pretty much say like it is and keep taking money from both sides. But you guys are prohibited? Even for any amount? And it makes you see incorrectly? You Jews are weak. Ravmer Khadash thought for a moment, and before a brief pause, he replies, My dear Sheikh, us Jews are not weak. But however, you're missing fundamentally what bribes and Judaism are about. We Jews possess a deep sense of gratitude toward anyone who does something for us. And when someone provides, he gives something to you, it naturally should affect the way that you treat that person. They've given you something that's amazing. Extraordinary. And if you had the proper Torah head on your shoulders, you would see that of course it's impossible to judge favorably if you had the sufficient Hakarasatov for what stands at the heart of not taking bribes is the Hakarasatov aspect of Judaism. It's precisely for this reason that the qualification that a Jew needs to be grateful when he receives anything from someone else, that taking and judging a court case after having received something is prohibited. Because if you truly knew what being a grateful person is, then you would know that it's impossible to judge a case if somebody just gave you even something as small as twenty-five cents. They just did something for you. It's really eye-opening. The eyes of the discerning ones become blind because they are filled with gratitude. That's what we see here. What Remer Khadash is saying is that the bribe, this gift, it's the salef divre tzadikim because of the tzadikim's gratitude. A Jewish person is grateful when he receives something. And therefore, even if you receive something small, it is impossible. If you're a God-fearing, honest, Tory Jew who's grateful for things that he receives, it's impossible to then go ahead and judge in a normal, impartial manner. And Revmer Khadash finished with a mic drop moment when he looked the sheikh dead in the eye and said, The reason that you can accept bribes and still judge in a way that you deem totally fair and you're impartial is because you, sir, lack Hakaras Hatov and don't know what it means to truly be grateful. What a marvelous insight. What an unbelievable Einfall, which stands at the heart of yet another mitzvah, another prohibition is again basic gratitude. Not being an ingrate, not acting in a manner that you take things for granted, not living entitled. Judaism continues to reiterate this point that you should not take anything for granted and everything in anything that comes your way, you should be thankful for.

Subtle Favors Count As Bribes

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And before I transferred into the business world, the last mesehta that I had the pleasure of learning in my fifth and final year of full-time Kolel Torah study was Mesehta Kesubis. And on Friday mornings, I would learn with Alicia Perlmutter and the basement of Rabbi Nelson Stein's Yeshiva the last chapter of Masehta Khubis, where it talks about all of the laws of being a judge. On Adaf Kuf Hehmed Bays, the Gemar explores several different severe prohibitions against judges taking bribes. Shoichad. And what's clear is something unique. That bribery does not just apply to money. The Gemara tells us that even Shoichad Devarim, bribery of words or simply subtle favors, are also strictly forbidden because it subconsciously continues to make the judge's mind become one with the litigant. Listen to these stories and you'll see just how grateful a person should truly be, and how even the slightest favor will make a person more inclined to become one with that litigant. There's a bevy of stories. There's a story of Shmuel and the ferry, where the great rabbi Shmuel, like Rav and Shmuel, was crossing a river on a narrow board or a ferry, and a man stepped forward and offered Shmuel help, a hand for support, and Shmuel grabbed the man's hand and pulled himself to shore on the other side. When Schmuel asked the fellow what he was doing there, the man replied that he had traveled here to come to court. To the court, the basin that Schmuel was to preside over. And immediately Schmuel disqualified himself from judging the case because he deemed this minor physical assistance to be Shoicha Dvarim. You hear how grateful Shmuel is? That he doesn't trust himself? This Holy Rabbi doesn't trust himself to judge favorably because of a hand granted to him to help him off of a boat. I already EF Shar, it's impossible for me to judge favorably because I see what I've received from this person and I'm grateful. Ameymar was sitting and presiding over a court case when a feather floated down and landed on his head. A man came over and removed it, and when Ameymar learned that the man had a case to present, Ameimar postled himself and disqualified himself, stating that even for this tiny favor of removing the feather from his hat that had fallen onto him, he's compromised his impartiality. You see how grateful Ameymar is? He feels indebted to a fellow who removed a feather from his hat. Hopefully you get the point of the sage's view on life. You don't need to hear the story of Mar Ukva and the Spittle, Rabbi Shmuel and the early rent, and Rav Anon and the small fish. But all of them continue in the same vein that even the slightest favor, the slightest gift that you receive, if you're a good Jew, you're grateful. And you're deemed no longer able to be totally impartial in judgment. It really is such a seamless and perfect explanation of what stands at the heart of the sugya of bribery. It's

Hakarat Hatov As A Life Lens

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gratitude. And that's our topic this week. Gratitude. Hakara Satov. We've talked about it before. And we always like to point out that it's not about necessarily even mentioning or thanking, but it's about Hakarah, it's about recognition. That's where a Jewish person gets his gratitude from. From his discerning eye of what he's receiving. Of course our conversation will springboard now into just how much we get from people and the gratitude that we should have. If Schmuel is grateful when he receives a lifting up with a hand to help him off of a boat? How do you think we should look towards our parents who gave us endless years of gifts? Hush money, loud money, diapers, food, tuition? What type of mindset should we have to our grandparents? What type of gratitude should we have to our friends and family? To someone who gives us a ride to a wedding? For somebody who gives us a smile, for somebody who gives us money, for somebody who gives us Torah, for the rabbi who gives you life, for the holy king of all kings, who gives you everything. Gratitude is our lesson. Gratitude is our mindset.

Elul And Repentance Through Gratitude

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And gratitude during Ell is one of the main ways to catapult yourself into Chuva. Because with Rosh Hashanah approaching, you can repent out of fear or you can repent out of love. And repenting out of love is a much better way to go about it. See the Mesilashi Sharam in the Shari Chuva. And you know how you can repent out of love, inspire yourself to repent out of love? By being grateful to Hashem. Being grateful that you never should have gotten out of Egypt, but you did. You never should have conquered Eric Israel, but you did. You never should have survived. Your grandparents never should have survived. Your great grandparents never should have made it, but here you are. And God gave you a liver and some lungs and some eyes. Or even if he didn't give you some of those things, at least he gave you a beating heart and some ears that you can listen to this. He gave you a chance to be able to try to learn Torah and come close to him. He gave you a chance to be alive and gratitude. Not taking what we get for granted is one of the best ways that you can inspire yourself to be thankful to Hashem and therefore want to come back to him and renew the days of old when it's all peaceful and happy and khadeshama kikedem. That's this week's podcast. That Shoikad is Yahweh Eine Khachamim B Yasalev Divrait Sadikim. And it's EFshar and it's impossible. Because what the sheikh could not understand was that when you get something even as small as a 25 cent piece, or a lift off of a boat, or a feather removed from your hat, Jewish people are grateful. And when you truly have Hakaras Hatov recognition of the good, it's no longer possible to remain impartial in judgment.