We must endeavor to understand the necessity of a Biblical prohibition against accepting a bribe. Anyone with a modicum of intelligence understands that accepting a bribe is unethical. It perverts one’s thought process, encouraging partiality in favor of the one who offers him the bribe. The Chazon Ish, zl (Emunah U’Bitachon 3:30), teaches otherwise, explaining that the prohibition of shochad is a special decree from Hashem. It has nothing whatsoever to do with rationale. Proof positive is the fact that the Torah does not prohibit a person from issuing a halachic ruling for himself. A Jew may inspect a newly-slaughtered animal to examine whether it has any treifah, unkosher blemishes, lesions, holes, etc. One may rule concerning chametz which was in his possession during Pesach, that he had sold. Is there not a question of bribery? Are we that objective? Absolutely not. When it involves our possessions, we tend to have a less than discriminating perspective. No one wants to take a monetary loss. If that is not a bribe – what is? Furthermore, during a litigation between two parties, the Torah’s prohibition against accepting a bribe applies only concerning such a bribe that is given during litigation. If one gives the money before the case goes to court – all is well. The Torah does not prohibit a judge from ruling in a case involving his close friend or even his enemy. Why? What happened to ethics and morals? Have we forgotten about the prohibition against bribery?
The Chazon Ish explains that shochad is a despicable act which the Torah reviles. While it is true that any ethical person has a dim view of shochad, designating it as engendering tumah, ritual contamination, within a person; it blinds a person, taking away his ability to see objectively. This applies only to such shochad Torah law prohibits. Shochad that precedes litigation does not carry a spiritual stigma, and, as a result, it does not affect or contaminate a person. In other words, the only shochad which blinds and contaminates is Biblically prohibited bribery. Shochad which does not fall under the Torah’s rubric of shochad does not affect the person in the same manner.
