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By Rabbi Shloimie Lindenbaum
כי השחד יעור עיני חכמים (פרק טז פסוק יט)
The Torah tells us that a judge is not allowed to take bribes because bribery blinds the eyes of the “חכמים”. The Vilna Gaon points out that in פרשת משפטים there is a similar warning with a slight change, that bribery blinds “פקחים”. The Gaon explains that there are two types of “wisdom” that are necessary for every judge. First, they must be a חכם- one knowledgeable in the laws of the Torah, second, they must be a פקח- street smart, aware of business life and different ways that people may trick them. To this the Torah says that while every judge must be smart in both areas, bribery has the potential to ruin their thinking in either field.
לא תסור מן הדבר אשר יגידו לך ימין ושמאל (פרק יז פסוק יא)
The Torah obligates us to whatever our Sages instruct and to “not turn from that which they tell you, right or left.” The Ramban asks, we have a rule that when one is in doubt if a certain action is forbidden, the law depends on the potential level of sin. If it is a question regarding an איסור מן התורה, a biblical restriction, then one must err on the side of caution and be stringent. If, however, it is an איסור מדרבנן, a Rabbinic restriction, then one can be lenient when faced with a true doubt. Asks the Ramban, based on our פסוק, every Rabbinic restriction should be treated as a biblical one, because the Torah itself forbids us to disobey the Rabbis! The Chasam Sofer answers that the end of the פסוק provides the answer. We are not allowed to turn from their command “right or left”, but that is only when there is a command clear as right or left, but when there is a doubt if something is forbidden by the Sages, then the Torah never commanded us to listen to them.
