False Unity: Parashat Shoftim

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Parashat Shoftim
Deuteronomy 16:18-21:9

Our Torah portion opens with the demand to establish a justice judicial system. The judges must be scrupulously honest. Repeating the prohibition found in the book of Exodus (23:8), Moses prohibits taking a bribe – shohad. (Deut. 16:19) Unlike many other laws in the Torah which must be obeyed simply because they are Divine commandments, this prohibition is a law that carries with it a rationale, an explanation. It is not enough for us to recognize that bribery is dishonest and can pervert justice. The Torah adds that bribery corrupts even the righteous. Rashi quotes the Rabbinic observation that taking a bribe is prohibited “even to administer true justice.”

The Rabbis sought to further explain the pernicious nature of bribery. They saw the Hebrew term for bribery – shohad – as a contraction of two words – she-hu had – “that he is one.” They mean to say that bribery works on at least two levels. One level is pure self-interest. The corrupt judge is willing to pervert justice for financial or some other gain. But there is a more subtle and dangerous element to bribery. It can create a sense of a bond between the giver of the bribe and the taker. They become united as one. One way this happens is because bribery must be kept secret, and sharing a secret creates a tight and often inextricable connection between those involved.

But another way a bond is created is in the subtle ways that the giver and the taker of the bribe find a way to excuse their underhanded action through the sense of kinship between them. A friend recently told me a story about driving with a diplomat and being pulled over by a police officer. The diplomat explained that he had immunity and was not subject to the local speeding laws. The officer was skeptical and dragged him before the local judge. The judge, on seeing the diplomat’s documents very deferentially dismissed the case. As the diplomat left the courtroom, the officer came over and whispered, “I know you paid off the judge. Everybody here does that. But is this diplomat stuff really true?”

The story illustrates multiple levels of corruption supported by feelings of trusting and belonging. The judge saw the diplomat as “one of us.” The officer saw the judge as “one of us.” But he was puzzled by the stranger. Thus, it is the one who does not offer a bribe is who seen as “not one of us.” With bribery justice becomes parochial and partisan instead of universal. Instead of having a sense of unity with every person, we confine our solidarity to those we trust – with a wink and a nod. We need to work harder to be able to understand that we are all one – and that we all deserve justice – without the false sense of unity derived from seeking or offering a bribe of any kind – material, political, emotional or psychological.

Shabbat Shalom
Rabbi David Greenstein

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Thank you to John Lasiter for suggesting the title and selecting an image for this Torah Sparks – Rabbi Greenstein

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