Author Topic: The Divine Code Daily Dose  (Read 3200 times)

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Online Hrvatski Noahid

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Re: The Divine Code Daily Dose
« Reply #150 on: October 10, 2018, 09:43:53 PM »
It is forbidden for a judge to accept a gift from a litigant who gives it in order that he be found innocent in judgment. This prohibition of accepting a gift from a litigant applies even after the judge has completed his deliberation and already decided what his correct legal ruling is, and has already delivered the verdict or stated the law, because this is similar to bribery. 

Just as it is forbidden for a judge to take a bribe, so too it is forbidden for a policeman to take a bribe to absolve himself from fulfilling his responsibility (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 682). 

Online Hrvatski Noahid

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Re: The Divine Code Daily Dose
« Reply #151 on: October 11, 2018, 08:50:20 PM »
A judge who took a bribe is invalid to judge from that point on, and his judgments are not to be regarded as the law - not in the case in which he took the bribe, and not in any case that he will judge in the future.65 However, the judgments that he made before he took the bribe are not invalidated.66

65 Shulhan Aruh Hoshen Mishpat 7:9. After a judge has taken a bribe once, he is considered to be a sinful person and is unfit to even testify in court from then on (unless he does complete repentance), and any future cases he judges are invalid. This is clear from Sefer Meirat Einayim Hoshen Mishpat 9:13.

66 See Prisha Hoshen Mishpat ch. 9, Urim Hoshen Mishpat 9:7, and Pishei Teshuva Hoshen Mishpat 9:10, regarding one who is paid by litigants to judge their cases. Unless there is proof or a very strong reason to believe that he was previously untrustworthy, the past judgments he made are still valid (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 682).

Online Hrvatski Noahid

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Re: The Divine Code Daily Dose
« Reply #152 on: October 13, 2018, 12:24:23 AM »
It appears that according to the law, a Gentile judge who took a bribe is not obligated to return the bribe, for it was given to him as a gift. It is clear that the society's legal system has permission to institute that the bribe may be taken away from the judge, and this enactment would be proper. It has already been explained that they are obligated to rescind his decision that he passed, remove him from his position as judge and punish him for taking the bribe (as explained in Sheva Mitzvot HaShem, Part VIII, topic 2:9) (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 682). 

Online Hrvatski Noahid

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Re: The Divine Code Daily Dose
« Reply #153 on: October 14, 2018, 04:19:51 AM »
Just as it is forbidden for a judge to take a bribe, it is obvious that the prohibition also applies to the one who gives it, because he is causing the judge to transgress and pervert justice,68 and indeed he transgresses the commandment of Dinim.

68 Shulhan Aruh Hoshen Mishpat ch. 9 explains that this is prohibited for a Jew under the Jewish commandment, "You shall not put a stumbling block before the blind." Although that precept is not incumbent upon Gentiles, it has been explained in Part I, ch. 4, that it is forbidden for Gentiles to do this. It is also possible that one who gives a bribe transgresses the prohibition of "You shall commit no injustice in judgment" (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 682-683). 

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Re: The Divine Code Daily Dose
« Reply #154 on: October 15, 2018, 11:40:23 AM »
There is no difference between a monetary bribe or any other favor or benefit; it is all considered bribery - for example, when a litigant pays any of the judge's debts, or giving a bribe through others to be given to the judge (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 683). 

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Re: The Divine Code Daily Dose
« Reply #155 on: October 16, 2018, 08:36:11 AM »
The Sages taught that any judge who charges money from litigants in order to judge them, that his judgments are invalid. Even though this was said regarding the judgment of the Jewish people, nevertheless, it is obvious that every society or government of Gentiles is obligated to establish a salary for their permanent judges and officers, that will be arranged from the public funds (of the region or city), so that they should be paid handsomely and not be dependent on getting paid through the goodwill of the ones being judged. This is because a judge who takes money from litigants is acting very similarly to taking a bribe, and this will lead to perversion of justice (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 683).   

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Re: The Divine Code Daily Dose
« Reply #156 on: October 17, 2018, 09:23:00 AM »
If it is the custom in a certain place that a permanent judge takes an equal sum of money from every litigant that comes before him, then it is permitted, since all the people in that place accept that they will act in this way, and the payment is known and fixed (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 683).   

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Re: The Divine Code Daily Dose
« Reply #157 on: October 18, 2018, 01:44:12 PM »
This above law pertains to a permanent judge (established by the government, or the like), before whom the litigants are forced to be judged. Therefore, the public is obligated to arrange that his salary be fixed according to their collective opinion, so that he will judge truthfully and fairly. But if a judge is asked by litigants to judge them in a monetary case (as an occasional private manner, and not because it is required by the government's law, so it is considered a type of arbitration), or to arrange a compromise for them, then he is permitted to establish his payment in advance according to the discussion he has together with both of them, because they have willingly accepted his authority over their dispute (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 683-684).   

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Re: The Divine Code Daily Dose
« Reply #158 on: October 19, 2018, 07:31:13 AM »
In addition, this payment must be made in advance75 by both litigants (in front of each other, so that neither of them will suspect the other or the judge); otherwise, it is not a fair judgment. This is because arbitration and compromise are also considered to be types of judgment, and it is forbidden for a judge who arbitrates or arranges a compromise to take bribery or pervert the judgment against one of the sides, for this is theft and a violation of the principles of Dinim. And if a litigant tells the arbitrator or the one arranging the compromise, "if you will find me innocent, I will give you such-and-such a sum of money," then that is complete bribery.

75 See Sefer Meirat Einayim Hoshen Mishpat 9:14, that it is sufficient to establish payment before the case begins (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 684).