מדרש על משלי 29:4

R. Huna used to gather ten disciples of the college when a case came before him, saying: "In order that each of us may carry off a chip of the beam" (all should share the responsibility). And R. Ashi, whenever a Trefah came before him for his examination as to its legality, used to gather all the slaughterers of the city, saying: "In order that each of us may carry off chips of the beam." When R. Dimi came from Palestine he said: R. Nachman b. Cohen lectured: "What is the meaning of the passage (Ib. 29, 4) A king will through the exercise of justice establish [the welfare of] a land; but one that loveth gifts overthroweth it; if the judge is like unto a king, who needs not the favor of any one, he establishes the land; but if he is like a priest who goes around the barns asking for heave-offerings (support), he overthroweth it." The house of the Prince had appointed a judge who was ignorant, so the Rabbis said to Juda b. Nachman, the interpreter of Resh Lakish: "Go and be his interpreter." He inclined his ear to hear what he wanted to say for interpretation; but the judge said nothing. Juda then exclaimed (Hab. 2, 19) Woe unto him that saith to the wood, Awake! Rouse up! to the dumb stone, shall this teach? Behold, it is overlaid with gold and silver, and no breath whatever is in its bosom. And the Holy One, praised be He! will punish his appointers, as it is said (Ib.) But the Lord is in His holy temple; be silent before Him, all the earth.

Now these are the ordinances (Exod. 21:1). Scripture says elsewhere: The king by justice establisheth the land, but the man who sets himself apart (terumah)¹The word terumah means “something set aside,” as with the priestly offering. overthroweth it (Prov. 29:4). The Torah’s king rules through justice and thereby causes the earth to endure, but the man who sets himself apart (terumah) overthrows it. This implies that if a man acts as though he were a terumah (the portion separated, or set aside, for the priests) by secluding himself in the corner of his home and declaring: “What concern are the problems of the community to me? What does their judgment mean to me? Why should I listen to them? I will do well (without them),” he helps to destroy the world. Hence the man of separation (terumah) overthroweth it.

(Exod. 21:1:) AND THESE ARE THE ORDINANCES (mishpatim). This text is related (to Prov. 29:4): BY JUSTICE (mishpat) A KING SUSTAINS THE LAND.⁶Gen. R. 14:1; Exod. R. 30:13; cf. Tanh., Exod. 6:2. This refers to the Holy One. (Ibid., cont.:) BUT A PERSON OF REMOVALS (temurot) WILL DESTROY IT. This refers to the first Adam who was separated out in a removal (temurah). R. Jose ben Qetsartah said: Where is it shown that he was separated out in a removal?⁷Above, Gen. 2:1; Tanh., Gen. 2:1;yShab. 2:4 (5b); Gen. R. 17:8. Where it is stated (in Gen. 2:6–7): BUT A MIST WENT UP FROM THE EARTH <AND WATERED THE WHOLE FACE OF THE GROUND>. THEN THE LORD FORMED <THE HUMAN OUT OF DUST FROM THE GROUND>.⁸See above, Gen. 2:2; Tanh., Gen. 2:1. <It is> like the wife of a priest putting water into the midst of her dough and after that taking the hallah.⁹Cf. Numb. 15:20, which identifies hallah and temurot. Ergo, it says (in Prov. 29:4): BUT A PERSON OF REMOVALS (temurot) WILL DESTROY IT. When the Holy One commanded him to eat from this and not to eat from that, he transgressed the command. What did he bring about? (Gen. 3:17:) CURSED IS THE LAND BECAUSE OF YOU. Ergo, (in Prov. 29:4): <BUT A PERSON OF REMOVALS > WILL DESTROY IT.

Another interpretation (of Prov. 29:4): BY JUSTICE (mishpat) A KING SUSTAINS <THE LAND>. This refers to the Holy One. When he came to give Torah to Israel, he began with an ordinance (mishpat). What is written (in Exod. 15:25): THERE HE ESTABLISHED FOR THEM A STATUTE AND AN ORDINANCE, and <it was> here <that> Moses learned the ordinances which he taught Israel.

(Fol. 105) R. Juda said in the name of R. Assi: "Those who issue decrees in Jerusalem obtained their salaries up to ninety nine manath from the Temple fund. Karna the Judge was accustomed to take a silver coin called Istara from the one who won the case, and an Istara from the one who lost the case; and then he would decide the case. How did he do so? Is there not a passage (Ex. 33, 8) And thou shalt take no bribe? This was merely a payment for the time he was taking from his own business. Everyone understands that he is entitled to it, just as R. Huna conducted himself. Whenever he came to court he would say: "Get me a man to irrigate my field in my stead, then I will take up your case." R. Abahu said: "Come, see, how much bribe causes to blind the eyes of those who accept it. If a man feels a pain in his eyes he pays a doctor, although it is doubtful whether he will cure him or whether he will not cure him. But these judges accepting bribes take the amount of a p'ruta, which will surely make their eyes blind, as it is said (Deut. 17, 19) For the bribe blindeth the eyes of the wise." Our Rabbis were taught, For the bribe blindeth the eyes of the wise. Surely so the eyes of the foolish. And perverteth the words of the righteous. Surely so the eyes of the wicked. How can then foolish become judges? We must, therefore explain it thus: For the bribe blindeth the eyes, etc., that even a great scholar, but one who takes bribes, will not depart from the world until he will become blind; and perverted the words of the righteous, (Ib. b) even a perfect righteous man, but one who takes bribes, will not depart from the world without having his mind confused. When R. Dimi came he said that R. Nachman b. Cahana expounded: "What is the meaning of the following passage (Pr. 20, 4) The king by justice establishes the [welfare of a] land; but one that loveth gifts overthroweth it? This means, if a judge is like a king who receives nothing, then he will establish the land; but if he will be like a priest who receives gifts from the threshing floor he will ruin it." Raba b. R. Sila said: "A judge who has to lend something is disqualified from becoming a judge, [because of being compelled to favor people.]" This is only said when he has nothing to lend to others; but if he has something to lend to others in return, it does not make any difference. Raba said: "What is the reason that a bribe is prohibited? Because as soon as a man takes a bribe he becomes intimate with that man like himself, and a man never sees a wrong thing against himself." What is the meaning of the word Shochad (bribe)? It means "which causes to become one (Shehuchad) R. Papa said: "A man should never be a judge to decide a case for his intimate friend, nor to a real enemy. To an intimate friend he should not, because he will never find any faults against him; and to a real enemy, because he will never find a defense for him." Abaye said: "The reason why a scholar is beloved by his townspeople is [not because they consider him superior to themselves, but] because he does not rebuke them, for not performing Heavenly duties."