Soncino English Talmud
Ketubot
Daf 105b
even one who is righteous in every respect and takes bribes will not depart from this world without [the affliction of] confusion of mind. When R. Dimi came he related that R. Nahman b. Kohen made the following exposition: What was meant by the Scriptural text, The King by justice establisheth the land, but he that loveth gifts overthroweth it? If the judge is like a king who is not in need of anything he establisheth the land, but if he is like a priest who moves to and fro among the threshing floors, he overthroweth it. Rabbah b. R. Shila stated: Any judge who is in the habit of borrowing is unfit to pronounce judgment. This, however, applies only where he possesses nothing to lend to others, but where he possesses things to lend [his borrowing] does not matter. This, however, cannot surely be correct; for did not Raba borrow things from the household of Bar Merion, although they did not borrow anything from him? — There he desired to give them better standing. Raba stated: What is the reason for [the prohibition against taking] a gift? Because as soon as a man receives a gift from another he becomes so well disposed towards him that he becomes like his own person, and no man sees himself in the wrong. What [is the meaning of] shohad? She-hu had. R. Papa said: A man should not act as judge either for one whom he loves or for one whom he hates; for no man can see the guilt of one whom he loves or the merit of one whom he hates. Abaye said: If a scholar is loved by the townspeople [their love] is not due to his superiority but [to the fact] that he does not rebuke them for [neglecting] spiritual matters. Raba remarked: At first I thought that all the people of Mahuza loved me. When I was appointed judge I thought that some would hate me and others would love me. Having observed, however, that the man who loses to-day wins tomorrow I came to the conclusion that if I am loved they all love me and if I am hated they must all hate me. Our Rabbis taught: And thou shalt take no gift; there was no need to speak of [the prohibition of] a gift of money, but [this was meant:] Even a bribe of words is also forbidden, for Scripture does not write, And thou shalt take no gain. What is to be understood by 'a bribe of words'? — As the bribe offered to Samuel. He was once crossing [a river] on a board when a man came up and offered him his hand. 'What', [Samuel] asked him, 'is your business here?' — 'I have a lawsuit', the other replied. 'l', came the reply, 'am disqualified from acting for you in the suit'. Amemar was once engaged in the trial of an action, when a bird flew down upon his head and a man approached and removed it. 'What is your business here?' [Amemar] asked him. 'I have a lawsuit', the other replied. 'I', came the reply, 'am disqualified from acting as your judge'. Mar 'Ukba once ejected some saliva and a man approached and covered it. 'What is your business here?' [Mar 'Ukba] asked him. 'l have a lawsuit', the man replied. 'I', came the reply, 'am disqualified from acting as your judge'. R. Ishmael son of R. Jose, whose aris was wont to bring him a basket full of fruit every Friday but on one occasion brought it to him on a Thursday, asked the latter, 'Why the present change?' I have a lawsuit', the other replied, 'and thought that at the same time I might bring [the fruit] to the Master'. He did not accept it from him [and] said,'I am disqualified to act as your judge'. He thereupon appointed a couple of Rabbis to try the case for him. As he was arranging the affair he [found himself] thinking, 'If he wished he could plead thus, or if he preferred he might plead thus'. 'Oh', he exclaimed, 'the despair that waits for those who take bribes'! If I, who have not taken [the fruit at all], and even if I had taken I would only have taken what is my own, am In such [a state of mind], show much more [Would that be the state of] those who accept bribes'. A man once brought to R. Ishmael b. Elisha [a gift of] the firstfleece. 'Whence', the latter asked him, 'are you?' — 'From such and such a place', the other replied. 'But', [R. Ishmael] asked, 'was there no priest to whom to give it [in any of the places] between that place and this?' — 'I have a lawsuit', the other replied, 'and thought that at the same time I would bring [the gift] to the Master'.He said to him, 'I am unfit to try your action', and refused to receive [the gift] from him. [Thereupon] he appointed two Rabbis to try his action. As he was arranging this affair he [found himself] thinking, 'If he wished he could plead thus, or if he preferred he might plead thus'. 'Oh', he exclaimed, 'the despair that awaits those who take bribes! If I, who did not take [the gift], and even if I had taken it I would only have accepted that which is my due, am in such [a state of mind], how much more [would that be the case with] those who accept bribes'. A man once brought to R. Anan a bale of small marsh fish. 'What is your business here', the latter asked him. 'I have a lawsuit', the other replied. [R. Anan] did not accept it from him, and told him, 'I am disqualified to try your action'. 'I would not now request', the other said to him, 'the Master's decision [in my lawsuit]; will the Master, however, at least accept [the present] so that I may not be prevented from offering my first-fruit? For it was taught: And there came a man from Baal-shalishah, and brought the man of God bread of the first-fruits, twenty loaves of barley, and fresh ears of corn in his sack; but was Elisha entitled to eat first-fruit? This, however, was intended to tell you that one who brings a gift to a scholar [is doing as good a deed] as if he had offered first-fruits'. It was not my intention to accept [your gift', R. Anan] said to him, 'but now that you have given me a reason I will accept it' — Thereupon he sent him to R. Nahman to whom he also dispatched [the following message:] 'Will the Master try [the action of] this man, for I, Anan, am disqualified from acting as judge for him'. 'Since he has sent me such a message', [R. Nahman] thought, 'he must be his relative' — 54 An orphans' lawsuit was then in progress before him; and he reflected:
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