THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXXII Parshas Emor BIAS IN THE BAIS DIN To what extent would a relationship with a party recluse a judge from judging a case? By: Rav Yosef Fund

Judging vs. Testifying The Mishnah 1 states in the name of Rabbi Yehudah, that a close friend – such as a Shushbin (member of wedding party similar to best man or bridesmaid) – may not bear witness for his friend, as is the case with an enemy who has not spoken to the subject of his animosity for three days. The Chachomim argue with Rabbi Yehuda, reasoning that Am Yisroel are not suspected to testify falsely out of affection or animosity. Rashi 2 points out that the disagreement is only with regards to bearing witness, but regarding serving as a judge all agree that one cannot properly seek merit on behalf of one’s enemy. A business partner is considered a friend in this context. 3 One who did speak to his enemy – but only because he is being deceptive as to his true feelings – is still considered an enemy. 4 The Gemara 5 states in the name of Rav Pappa: one should not serve in judgement for one’s friend or enemy – for one does not see liability for one friend, and one does not see merit for one’s enemy. The Gemara further quotes a Beraisa that derives from the verse 6 ‘and Shochad (bribery) you should not take’, that since the verse does not use the term ‘Betza’ – which refers to a monetary interest – but rather “Shochad”, that the prohibition includes on not only financial bribes but verbal bribes as well. The Gemara offers an example of this: once Shmuel was crossing a bridge, when a man offered his hand to support him. Hearing that this individual had a court case before Shmuel, he unilaterally disqualified himself from hearing his case. The Gemara offers many further examples in this vein.