Q: Is a Dayan who received favors from a litigant allowed to judge him? Is it considered bribery?
A: Not only is monetary bribery prohibited, but also doing a favor that the litigant was not accustomed to having received beforehand (C.M. 9:1).
Therefore, if the litigant did the Dayan a favor or did a service that the Dayan was not accustomed to having received beforehand, or even accorded him a verbal courtesy that he was not accustomed to, the Dayan is disqualified from judging him. The Rishonim dispute whether he is disqualified by law or only as a middas chassidus (Bach, Sma and Pischei Teshuvah 9:4).
Similarly, if the Dayan borrowed from the litigant on a regular basis and is not able to reciprocate the favor and lend in return, he is disqualified from judging him. Some maintain that this is true even if the litigant was accustomed to lending the Dayan before the case arose. However, if the Dayan only borrowed occasionally and without any connection to the litigation, he is not disqualified (Rema 9:1; Pischei Teshuvah 9:5).
