When the judges may rule incorrectly and if their mistakes are not discovered, the plaintiff will end up stealing from the defendant by being awarded something that was not supposed to be his or the defendant will end up stealing by retaining something that should have been given to the plaintiff.
Rav Henoch Liebowitz ZT”L says that we see a remarkable insight regarding truth and justice. The plaintiff, for example, naturally thinks he is right, yet he still needs to be open to the possibility that he may be wrong - that is why The Torah obligates every person to feel that he and the court in his city may, in fact, be in error regarding its verdict. Even though it is very difficult for a person to accept that he is wrong, whether as a litigant of a court case, or in any instance for that matter, the Torah expects it of him nonetheless.
The Sifsei Chachomim says that one can overcome one’s tendency to be certain of the accuracy of his claim by focusing on the fact that he is not out to win his case but rather to ensure that justice is done regardless of the outcome. Then, he can come to doubt himself and seek out the Bais Din Yafeh to ensure that his case has a just outcome.
It is interesting to note that the Chazon Ish in his Sefer Emunah and Bitachon (Chapter 3:36) says that it is permissible for a Torah scholar to rule on Halachic matters for himself, even in a case where he has significant pecuniary interests.
However, Rav Henoch adds, that whenever he has the opportunity to seek the counsel of those that are wiser and more righteous than him, he should seek their opinion to ensure that he has not been mistaken.
He says that a judge may not take a bribe, "even [if you intend] to judge fairly "- meaning that the prohibition against bribery applies even when the judge plans to do his best and be fair to both sides regardless of the bribe.
Rashi continues with an explanation of human nature: "As soon as he [the judge] accepts a bribe from him [a litigant], it is impossible for him not to be favorably disposed towards him and therefore decide the judgment in his favor." Here lies the fascinating truth about how corruption works - it operates not through conscious decisions to do wrong, but through the subtle warping of our judgment and subconscious perceptions.
The brilliance of Rashi's insight is that it exposes the self-deception inherent in compromised integrity. The judge who takes a bribe while promising himself that he willl remain objective is engaged in a fundamental misunderstanding of human nature and his own perceptions.
Rashi's teaching extends far beyond a judge in a judicial setting. It also applies to us in our everyday settings. In our professional lives, personal relationships, and moral decisions, we often convince ourselves that we can accept benefits, favors, etc. from someone and still see them in an objective light. Rashi's insight warns us that when we accept a gift of any sort from someone, it creates an unconscious bias that we cannot simply, will away.
In the next Possuk of this week’s Parsha, Rashi explains that the words, “Justice, justice you shall pursue...” (Devarim 16:20) is an admonition to the litigants of a court case to pursue a fitting and proper Beis Din - a “Bais Din Yafeh” – a beautiful court. This is also what is stated in the Sifrei on this verse, “Go after a good and proper Beis Din - pursue the court of Rabbi Yochanan ben Zakhai and pursue the court of Rabbi Eliezer.”
It is clear from the unqualified language of the Sifrei, that in all cases, the litigants must pursue a Bais Din Yafeh. This would apparently include a scenario where the judges in the litigants’ city are scholars and righteous men. Even in this case, there is still a commandment incumbent upon the litigants to seek out a court of even greater scholars.
The Maharal in his Gur Aryeh explains that the underlying rationale of this commandment is that there are times
