Can A Judge Keep a Bribe If He Doesn't Judge the Case? The Lomdus of the Bach & Minchas Chinuch

okay friends good morning we're going to do something a little different now we're going to have an Ian share on gamar we didn't learn yet but don't worry you don't have to know much um on Thursday night we did K and the first half of K Al tonight we're going to do the second half of K Al and K it's mostly AAR it's about uh diim judges not taking rivus that ribus is very harmful not only will it blind the Dion from seeing the respective Merit and demerit of the litigant properly but more than that it will literally cause physical blindness to the Dian okay so the gamar even says and you just have to know a little bit of the gamarra I'll put up on the um the gar says on is only if you intend to take a bribe to judge wrongly what if you take a bribe to judge correctly if the p is saying not to render innocent the guilty and vice versa it says don't pervert the justice so what why does it have to say we know you're not going to give a wrong court case you know how to give a a wrong ruling even to take a bribe to issue the correct verdict okay so the bottom line is you're now to take a bribe not only to pervert the the uh verdict but even to judge correctly the question is once a bribe is offered you're not allowed to judge the case you're disqualified from judging the case um but there's a very big kak and the parameters of the iser of taking a bribe is the iser to take the bribe or the iser after you were bribed to adjudicate the cas what that means the Naina would be let's say you're not going to adjudicate the case could you keep the money let's say you're a you're a Dian somebody offers you a million dollars sorry I can't do it okay can't do it so you're not going to judge a case could you keep the money he gave you the money there's a rule there's a concept in ch it's that when the Torah says don't do something if you try to do it it's not effective it doesn't work the r has a wondrous the ram says in do not take a bribe it goes without saying you don't you not take a bribe to pervert the even to judge correctly this is included in the prohibition curs is he who takes you need to return the bribe when The Giver claims the money okay the problem is where' the ramam get this from why do you have to return it you know the T says by the didn't say maybe you only get Mal maybe you wouldn't have to return it nowhere does the toyra say you have to return the bribe why do you have to return the bribe why do you have to the guy gave it to you say he gave it to you only on condition that you adjudicate the case I don't know why he gave it he didn't say why he gave it to me I'm a judge I was judging his case he wrote me out a check why I do I have to get back to him he didn't make a STI ulation maybe if he makes a stipulation I'm only giving it to you if you okay so he gave it to me on that condition he didn't make a condition the ramam says at a left field that a Dian has to return the bribe where did the ramam get this from now the he doesn't claim it the r says if the guy doesn't claim it you don't have to return it even if he took gave the bribe for you to pervert the den the is not so you could be like where did the ram get that you could demand if you can't learn it from rib there's a special you have to return rib there's no have to ter where did the rambam get that if a judge is offered a bribe he has to give it back why would he have to give it back the guy didn't why because the person who gave it is demanding it back he didn't say I'm only giving it to you if you do what I ask you he gave it that's what you know you have to have some um some Savvy when you give a bribe you can't say oh by the way I'm giving this to you you know it's understood what a bribe is for so why do you have to it back by ribus you only have to give it back because you have that even R you don't need since the merciful one wrote don't give rib if the guy violated and gave it it's steal it since the said don't do it if you did it it doesn't help the back goes on to say by rib maybe we need the that you give it back for a different reason but second line from the bottom but by bribes I don't need a you have to give it back since the Torah says don't take a bribe if the took the bribe it didn't work he wasn't C it you hear what he's saying you know I have to give it back because I wasn't Co it you gave me a bribe but D says I'm not going to take a bribe so allowed to take it I can't make a Kenyon on it if I can't make a Kenyon on it's still yours I still have to give it back the is invoking the principle called there is no way to make a Kyon on a bribe why cuz the T says you're not to take it if you're not to take it it doesn't work by the way if you look in you have to return it says the gra oh I might have gotten cut off says the gr why do you have to return it yeah got cut off over here says the so what's he referring to he's referring to said any matter that the merciful one said don't do if you did it it works because if it's not effective then why do you get malus you didn't do anything and it doesn't work it's not effective and why do you get malus because you violated the word of God and the says and ra argue about R whether it's means ra holds R the will take it away from the Mal so so the G is saying like the that just like by ribb K if you give someone ribus they cannot keep it you can get it back in the court likewise if you give a Dian a bribe he cannot keep it you could take him to court and you will get it back why cuz since the T says you're not allowed to give it there's no way to give a bribe it's not to give a bribe the D was never Co of the bribe cu the Tor says he can't do it so therefore he's not coin it so here's an interesting question is giving a bribe or so then why do you get malus for giving a bribe no no why not why don't you get malcus for giving a bribe but if you say like the ram seems to be pasing that it's it has to be returned then it's basically the same way by Gaz there's no because it's there's no because it's you have to return a doesn't show where the ra got this from there's no say to return the bribe Gaz by Gaz there's and even K it doesn't say if you steal land you have to return it there it's because you can never steal it in the first place it's not exelis but here where the the litigant gave it as a Matana but the Torah it and by rib there's a to return but there's no to return it's where the wants to say the between that according to you can EXT distracted because and according to ra you could and then the says no they argue about the so here where there's no according to you have to give back the why because that's why the you have to return ah in that case we understand why there's no malus because it's it's something that could be returned it becomes like Gaza in that case it be um the the says that a giving back is an absolute and you're to give back the and the would have to pay like any Gaz and then it would come out that you don't get malus because it's so this is a very interesting M for the rambam that you have to return namely because since the T says you're know how to give it your giving it is not effective and you can't make a Kenyon on it the Marik has a different take on this the Marik disagrees the Marik says the T the is is not taking Shad if the isra don't take shad then if you took it's ineffective in other words the and the and the who are understanding the r that the reason why you have to return is because the says don't take so there's no way to make a kinon on it and they're marshalling the they understand the is you're not allowed to take not take there's no way to be but the the says they're wrong there's no a to take the a is you now to judge the case if you took thead so the Torah doesn't say don't take the Torah says don't judge so I'm not judging but I still I'm keeping the bribe that you gave me so therefore the of does not apply here in fact the Marik adds the iser of taking the money is only if you're going to pervert the Justice understand if he doesn't judge the case and it's not in the first place but it was given to him he he was the judge and it was given as a bribe so since it was given as a bribe he can't judge the case so now what does he do with the money could he keep the money the ramam says he still can't keep the money so he's saying if the iser is to judge the case I'm not judging the case to begin with well you're not judging anymore because you were given a bribe the iser is when you're given a bribe can't judge the case so now what now the guy's stuck with a bribe is he allowed to keep it the ra still says you know how to keep it so if it's because that only makes sense if the iser is to take the money the maram says like this I don't know it didn't make it to the sheets here he says he says the isue of taking is Will blind you the Torah is telling you that even though you're taking it to be and to ultimately you'll come to like say we'll see why it called you and the are you become like one you become so the says it's not because because that's only if the matter is it's not to take it's only be because the that you're going to come to so he says since is only we don't say but still you still wouldn't get malus he says even though technically you don't have to return it because thear is not when you take the thear is when you judge the case so it's like a taking the is like a you didn't do the iser yet but then he concludes that you still have to return the money why let's say you took the and you judged the case is the din valid or not the Bali so if the guy gave it to you alas to judge the DIN and it's not a din you have to return cuz he only gave it to you Al say you should be D the that I I I don't really hear that what you mean he only gave it to you he we don't know why he gave it to you anyway the doesn't accept the approach of the that it's you have to return it that approaches the T says don't take so if says don't take there's no way to effectively be therefore it's not yours it's the original person so you have to return to him what belongs to him mik says that doesn't apply here that only applies that something that's us or this is user because of another reason that we're afraid you might not judge correctly but here you have to give it back cuz he gave it to you to judge a judgment and there is no judgment here because you're I don't know if that's so Pasha that he only gave it to you for that he didn't say why he gave it to you anyway that's the Su of that most say it has to returned because of the the of have a great uh rest of your Sunday join us tonight K second half and K and okay have a great day thank you very much