Mishpatim 5776 - English

Rabbi Gustavo Kraselnik

Congregacion Kol Shearith Israel

According to the Sefer Hachinuch (Rabbi Aharon Halevi from Barcelona, XIII Century), Parashat Mishpatim contains 53 of the 613 Mitzvot.  23 of them are positive (meaning they are accomplished through an action) and 30 are negative (they are accomplished by not doing something).

Tradition defines the Mishpatim as common sense logical laws.  Unlike the Chukim, which are understood as laws provided by God whose meaning is not always clear for us humans, the Mishpatim are generally part of natural law and can be found in most societies.  

I would like to stop on one of those Mishpatim that appears in our Parashah, whose validity is unquestionable: the prohibition of taking a bribe.  The Torah says, “Do not take bribes, for bribes blind the clear-sighted and upset the pleas of those who are in the right.” (Ex. 23:8)

The meaning of the precept is evident.  The giving of a present distorts judgment; from here stems the prohibition to accept it, even if one has the intention to rule correctly (and even less if it is meant to twist the verdict), as Rashi (France, XI Century) explains.

The Biblical text, in general, is aware of the power of the bribe.  In the Book of Proverbs, attributed traditionally to King Solomon, we read, “A bribe is seen as a charm by the one who gives it; they think success will come at every turn.” (Prov. 17:8)

The Talmud (Ketuvot 105b) already teaches us it is not only the bribe in kind, but also the “bribe in words.”  This refers to adulation or simply pronouncing words of respect and honor to the judge that invalidate his ability to judge fairly.  

To go further than the linearity of the text, the Talmud attempts to go into the deep meaning that hides behind the concept “Shohad” (bribe), as a way to understand the psychological phenomenon locked in this dynamic.  

In the same page, the Talmud asks “Mai Shohad?” (What is a bribe?), and answers with a play on the same word: Shehu Chad (which is one).  Rashi explains, “He who gives the bribe and he that takes it become one heart.”

Following along this same line, we find a wonderful reflection by Rabbi Samson Rafael Hirsch (Germany, XIX Century).  He points out the similarity between the word “Shohad” and the word “Shahat” (with a Tet at the end of the word) from Shehita (meaning to kill) and with the word “Shahat” (with a Tav at the end of the word) meaning to destroy.  Then he concludes: the bribe kills and destroys the moral and spiritual strength of whoever accepts it.

Our same verse reappears –with slight changes- in Deut. 16:19.  There it becomes even clearer that the prohibition to accept a bribe is directed at the judges, as is demonstrated by the context.  The medieval encoders pointed in the same direction (Maimonides and Yosef Caro, for instance).

The author of the Aruch Hashulchan (Rabbi Yechiel Michael Epstein, Lithuania, XIX Century) proposes an interesting twist, by indicating that the refusal to accept a bribe must apply not only to the judges, but also to all public servants and everyone involved in community or social work. (Choshen Mishpat 9:1) 

In light of so much corruption that has proliferated in our societies, without making distinctions in ideologies or class, the words of the Torah are not only valid today but they give testament to their profound knowledge of human nature.  

If we aspire to build a fairer and more caring humanity, we must significantly reduce (eliminate would be utopian) corruption, and for that, those who hold positions of responsibility in any social dynamic must believe in and implement this Mitzvah.  

Whether as a Mitzvah or as part of natural law, let us embrace the mandate to reject any form of bribery.  Let it not be a campaign slogan or a theoretical declaration, but a guiding principle for our lives.  

Shabbat Shalom

Gustavo