[Avodah] bribes

[Zev Sero]

kennethgmiller at juno.com wrote:
> R' Yitzchok Zirkind wrote:
>> WRT Dayonim even "Lizkos Es haZakai uLchayeiv Es
>> haChayov" it is Ossur, see Rambam Hil. Sanhedrin 23:1.
> 
> R' Zev Sero responded:
>> That refers to the issur of shochad, which is on the
>> recipient, *not* on the giver. The only issur on the giver is
>> lifnei iver or mesayea`, which depends on the circumstances.
> 
> Okay, so you agree that depending on the circumstances, lifnei
> iver or mesayea` might apply, rendering it assur to offer the bribe.

Yes.

>> What is one to do if the dayan requires a bribe in order to
>> pasken correctly?  Not pay it and accept that one will lose
>> the case?
> 
> Isn't that exactly what the Rambam quoted by RYZ is saying?

No. The Rambam is saying that the dayan may not receive such a bribe.
He does *not* say that a person may not pay such a bribe.  I think
it obvious that if a person believes that without a bribe the judge
will rule against him despite his case's merits, then lifnei iver is
moot and it is not one of the circumstances in which mesayea` applies.
Surely a person cannot be expected to sacrifice his case in order to
avoid helping a corrupt judge.


-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher