BIAS BEWARE: PARSHAT MISHPATIM
Shira Smiles shiur 2018/5778
Adapted by Channie Koplowitz Stein
Mishpatim are generally considered social
laws that help society run more smoothly. As such, we usually consider them
logical, that mankind would have arrived at most of these laws on its own as
they began structuring society. But the mishpatim in our Torah are
different. Certainly they appear logical, but there is also a spiritual element
in each of these laws. Let us examine one of these laws and explore how society
and religion, logic and passion overlap to create a system for living that will
encompass the various aspects of human existence.
“Do not accept a bribe, for the bribe will blind those who see and corrupt
words that are just,” says the Torah. There are similar laws on the statutes of
most governments. Yet Torah law has many additional layers of understanding. As
Rav Bar Chaim writes in Higayon Leivov, this law applies even when it would
not influence a judge in his ruling in this particular case. In the esoteric
world, each moment is comprised of many levels. This court with its supplicants
and judges may in fact be a reincarnation of a previous court with an
opportunity to repair a decision where perhaps a judge was influenced in some
way. Or perhaps there will be repercussions of this trial at some future time.
Or maybe, as Menachem Zion points out, although the judge’s decision may
still be strictly correct, his bias may influence other judges on the panel.
But what constitutes bribery? Rabbi Igbui in Chochmat Hamatzpun explains
that bribery is not material but psychological, and no one is immune to its
effects. Both the giver (or doer of a favor) and the receiver become bonded in
some way so that the receiver’s judgment becomes less objective. The influence
can even work in reverse. Rabbi Igbui cites the halacha that a king cannot be
coronated by the Sanhedrin in a leap year, even though all the key people here
are righteous and God fearing, and the king is confirmed by God Himself through
the prophets. Why? Since the king is responsible for paying the army, and he
usually pays them monthly from taxes determined annually, the shortfall
remaining from the extra month of service would come from the king’s personal
funds. This expense may create an unconscious animus in the king and skew his
impartiality. And Rabbi Munk reminds us that even small favors and expressions
of gratitude have the effect of bribes.
Rabbi Druk z”l in Dorash Mordechai offers a completely different
perspective on the effects of bribery. Citing the Chazon Ish z”l, Rabbi
Druk z”l writes that it is inconceivable that our great rabbinic leaders and
Torah judges would be swayed by bribery. However, Hashem wrote these laws as a
challenge to the layman to accept the judgment of daas Torah/Torah
authority completely and not try to circumvent their decisions by ascribing
ulterior motives and benefits to them.
The concept behind the prohibition against bribery is spiritual, not physical.
As such, it is a chok and beyond our understanding, continues Rabbi Druk
z”l. After all, the Torah does not require one to recluse himself from judging
between a friend and a stranger, or even when he has some personal interest in
the result. Even when he may suffer financial loss, regarding chametz, for
example, he may himself determine his options. The Torah feels judges are above
such pettiness. Had the Torah not commanded against accepting bribery, we would
not have instituted it, for it is not a natural law. As Rabbi Yoffe z”l notes,
nothing natural would sway a talmid chacham from judging properly. Since
these are Hashem’s emissaries, adds the Chazon Ish z”l, there’s always a
light of clarity from above when a talmid chacham is rendering a
decision. To believe in the Torah is to believe in its scholars.
If we believe that the wisdom of our Sages comes from Hashem, we should consult
them also about handling challenges in our daily lives. Their wisdom extends
beyond questions of kashrut and ritual, and extends to all areas of our lives.
Just as we consult experts in finance, medicine, or family challenges, we
should consider our rabbis as additional valuable resources to help point us in
the proper direction in these and other challenges of daily living. They have a
unique perspective that comes directly from the Source of wisdom, writes the Chazon
Ish z”l.
A Torah scholar represents a direct link from the revelation at Sinai to the present.
They are the living emissaries of the will of God. As such, writes Rabbi Gifter
z”l, they must be accorded the same respect you would give to the Torah. Each
generation has the judges with the appropriate clarity from Hakodosh Boruch Hu
to lead that generation.
It is not only those who bear the titles of judge, leader, rabbi or teacher who
must be careful of bribery. Each of us is a judge and makes decisions
constantly in our own lives. We must be careful what we let influence each of our
daily decisions, what shochad/bribery we accept, cautions Rabbi
Schienerman in Ohel Moshe. We often make our decisions based on
lies and then build a framework to support our decision. Our minds may be so
corrupted, we may not even realize we’ve sinned. Therefore. One must be afraid
not only of sin and punishment, cautions Rabbi Zaichick z”l, but also of the
corruption of one’s mind which is capable of inventing many rationalizations
for one’s improper actions.
We have a natural bias to see ourselves in a positive light. Rabbi Pliskin
suggests that we step out of ourselves when examining our actions, and judge
ourselves as we would judge someone else acting this way. Our personal bias
blinds us to to our faults.
A person is a judge in all areas of his life at every moment, writes Rabbi
Ochyan, the Ohr Doniel. Can he truly remove his own bias and desire from
his choice of action, or will he find ways to rationalize the correctness of
his choice, even as he knows he is not acting in accordance with Hashem’s will?
Is he bending the rules of kashrut or propriety, unaware that his own bias and
desire are influencing his decision? Our biases are perhaps the most pernicious
form of shochad, for we are often unaware of them. How many smokers know
the harmful effects of their habit, yet continue to smoke? How many obese
people rationalize away that extra dessert because it’s a simcha?
Our world is full of a culture that creates unreasonable and materialistic
desires that do not make us better or really enhance our lives. We are
influenced so fully by the glitz of advertising and publicity, that men
envision themselves as macho Marlboro men. The advertising industry uses
psychology to convince us that what we want is really best for us, writes Rabbi
Friefeld z”l. The desires of this world become so strong that we forget that
there will be a final accounting of our lives and we believe we have done
nothing wrong, cautions Rabbi Druck z”l in Siach Mordechai.
Given my desires and biases, how will I know whether my decision is a correct
one? There is a constant battle between the physical self of desire and the
intellectual, spiritual self. Only by constantly working on our emunah/God
consciousness can we hope to succeed. The more we solidify the truth that
Hashem as the sole reality and presence in our lives, the more likely we are to
make the right decisions.
Even in matters of faith, however, it is our desires that create the heretics.
Children are born with the belief in a Creator, a belief that hopefully is
nurtured during their childhood. How does that belief leave? When one wants to
live his life in complete freedom to do whatever he desires, he begins to create
arguments to prove that there is no God, writes Rabbi Mattisyahu Salomon. It is
the heart that leads the mind astray. Emunah must be internalized and
strengthened if it is to counter the heavily materialistic culture of society.
The intellect acts as the conscience of the world. It knows right from wrong,
truth from falsehood. But it can be corrupted by the heart, by desire, a
corruption that was brought into the world through Adam’s sin and caused the
blurring of the line between good and evil, writes Rabbi Wolbe z”l. Shochad
will blind the intellect, for it erases the knowledge shehu chad/that
he is one. The judge identifies with and becomes one with the person who
offered the bribe, and he loses the ability to judge objectively.
Here, Rabbi Wolbe z”l offers an excellent analogy. He compares the intellect to
a compass which always points true north. However, if one puts a small magnet
next to the compass, the readings will always be off and the traveler will
flounder. A small desire that enters our minds works the same way, throwing our
intellect off kilter and leading us astray. But Hashem gave us the ultimate
compass, the Torah, continues Rabbi Wolbe z”l citing Chovos Halevavos.
Torah will always point us in the right direction. And if we ourselves are not
experts in reading the compass, our rabbis and Torah leaders will show us the
way.