hebrew
1)

"Lo Sateh Mishpat". To whom is the Torah speaking?

1.

Rashi (by implication), R. Bachye #1, Targum Onkelos and Targuk Yonasan: It refers to the Dayan himself. 1

2.

R. Bachye #2: It is an Isur on those who appoint the Dayanim against appointing Dayanim who are not experts and who are unsuitable.

1

It is one of the six La'avin listed here in connection with the Dayanim - which correspond to the six steps that led up to Sh'lomoh ha'Melech's throne. See R. Bachye.

2)

"Lo Sateh Mishpat". Whose judgment is the Torah referring to?

1.

Rashi: It is referring to the judgment of any litigant who is wealthy. Refer to 24:17:1:1.

3)

Having written "Lo Sateh Mishpat", why does the Torah need to add "Lo Sakir Panim"?

1.

Rashi: It is forbidden to favor either of the litigants even whilst they are presenting their cases 1 - to speak softly to one of them and harshly to the other, or to allow one of them to sit whilst the other one stands. 2

1

Refer to 16:18:4:2.

2

Rashi: Because that will cause the latter to lose hope of winning his case, rendering him unable to present his arguments - resulting in a perversion of justice.

4)

Having written "Lo Sateh Mishpat", why does the Torah need to say "ve'Lo Sikach Shochad"?

1.

Rashi #1 and R. Bachye: To teach us that a Dayan may not accept bribes even to judge correctly, because once a Dayan accepts a bribe from one of the litigants, it is impossible for him not to turn his heart against the other litigant 1 (he becomes blind in judgment - R. Bachye). 2

1

R. Bachye: ?Shochad' is the acronym of ?she'Hu Chad' - ?The recipient and the donor become one.

2

One who accepts bribes is called a Rasha. See R. Bachye.

5)

What are the connotations of the phrase "Ye'aver Einei Chachamim"?

1.

Targum Yonasan: 'It blinds the eyes of Chachamm and causes them to say foolish things.

2.

Kesuvos, 105a: If even the greatest Chacham accepts bribery, he will not die before he has become 'blind in the heart' (stupid). 1

3.

Oznayim la'Torah: It means that as a punishmen for accepting bribes, the Dayan will become blind. 2

1

See Torah Temimah, note 81.

2

See Oznayim la'Torah DH 'Ki ha'Shochad Ye'aver' #3.

6)

What are the implications of "Vi'yesalef Divrei Tzadikim"?

1.

Rashi, Targum Onkelos and Targum Yonasan: It implies that bribery twists (not the Dayanim, but) the righteous words of the Dayanim 1 (during litigation - Targum Yonasan).

2.

Kesuvos, 105a: "? and even if the greatest Tzadik accepts bribery, he will not die before losing his mind. 2

1

Oznayim la'Torah: If, whilst carrying out the righteous ruling, the Shoter accepts a bribe, the righteous ruling will become twisted.

2

See Torah Temimah, note 81.

7)

In MIshpatim Sh'mos, 23:8, the Torah writes that a bribe blinds "Pikchim". Why does it say here "Chachamim"?

1.

Kol Eliyahu and Divrei Eliyahu: Two qualities are needed for a Dayan and a Chacham: 1. He must be a Chacham in Torah who is conversant with the Halachos; 2. He must understand business and people's ability to deceive, so that he can discern when a litigant is lying. The former is called 'Chacham', and the latter, 'Pike'ach'. A bribe makes one lose both of these capabilities. 1

1

Kol Eliyahu: In Sanhedrin 7b, the Gemara explains "la'Boker Mishpat" to mean - 'Do not rule (issue a verdict) until it is as clear to you like morning'. "Emor la'Chochmah Achosi At" - 'Do not rule until it is as clear to you as [the Isur of] your sister. The former refers to clarity that there is no swindling, and the latter, to knowing the Halachah.

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