Midrash Tanchuma, Shoftim 8 | Jewish Mythology

(Deut. 16:19, cont.:) “You shall not take a bribe.” When the judge sets his heart on a bribe, he becomes blind to justice and he is unable to judge [a case] honestly. R. Eliezer said, “It says here (in Ezek. 22:6), ‘Behold, the princes of Israel, each one according to his strength (literally, arm), have existed among you for the shedding of blood.’ Thus they stretched out15Poshetim, which is intended as a pun on shofetim “judges”. Thus the verb implies that the judges are the ones who stretch out their arms for bribes. their arms under their robes to take a bribe.” R. Abbahu said, “Whoever takes the equivalent of a peruta (the smallest of coins) from his fellow is called wicked, as stated (in Prov. 17:23), ‘A wicked one takes a concealed bribe.’”16Apart from the midrash, in the biblical context these words, which literally mean, A WICKED ONE TAKES A BRIBE FROM THE BOSOM, may well refer to the one who gives the bribe. R. Ishmael beRabbi Yose said, “Come and see how harmful a bribe is. One time a certain person came and brought me the first fruits of the sheep shearing.17See Deut. 18:4; also Ket. 105b. He also had a lawsuit before the judge, so I stood to one side. Now I said to him [that] if he pleads such and such before the judge, he will win the suit; for I was hoping for him to win. Even though he had only given me my due, and it was not a bribe, my heart was drawn to him every time I saw him. Furthermore, although he had gone to the court, I asked about him whether he had won or not. [This incident serves] to make known to you how harmful a bribe is, since it makes the eyes blind. Now here is an argument a fortiori: If I, to whom he had [only] brought what was due and who [only] got what was due me, was hoping for him to win, how much the more so with one who gets a bribe.” Rabban Johanan ben Zakkay would expound (about Mal. 3:5), “Then I will draw near to you in judgment; [and I will be a swift witness against sorcerers, against adulterers, against those who swear to a lie, against those who oppress the hired worker in their wages, the widow, the orphan and those who turn aside the sojourner.” [He said,] “Woe to us for the day of judgment! Woe to us for the day of retribution,18Cf. Gen. R. 93:6; Numb. R. 10:2. as Scripture compares (heqish) one who turns aside the sojourner to all the worst transgressions!” Therefore the Holy One, blessed be He, warned (in Deut. 16:19), “You shall not turn aside justice.” R. Hama bar Osha'ya said, “A person having a pain in his eye gives a lot of money to a physician, [when] it is doubtful whether he is to be healed or not.19Ket. 105a. But the one who takes a bribe corrupts justice, blinds his eyes, causes Israel to be exiled from their land, and brings hunger into the world. Thus it is stated (in Deut. 16:20), ‘Justice, justice shall you pursue so that you may live and possess the land’; but if not, you shall not possess it.” (Deut. 16:20:) “Justice, justice shall you pursue,” (with justice repeated two times). From here they have maintained that one should pursue a worthy court. Another interpretation of (Deut. 16:20), “Justice, justice shall you pursue,” (with justice repeated) two times: [Here is] a warning for judges who judge capital cases not to render judgment on the same day as the trial. Rather let them suspend the judgment overnight (rt.: lwn), just as they suspend it overnight (rt.: lwn) in Jerusalem, since it is stated (in Is. 1:21), “she (i.e., Jerusalem) was full of justice, for righteousness lodged (rt.: lwn) there.” (Deut. 16:20, cont.:) “So that you may live.” Everyone who judges a case with unvarnished truth merits life in the world to come, as stated (in Is. 56:1), “Thus says the Lord, ‘Observe justice, and practice righteousness; [for soon My salvation shall come, and My righteousness be revealed].’”

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