[Avodah] bribes

[Zev Sero]

Yitzchok Zirkind wrote:
> On Thu, Jun 18, 2009 at 6:17 PM, Zev Sero <zev at sero.name> wrote:
 
>>> WRT Dayonim even "Lizkos Es haZakai uLchayeiv Es haChayov" it is
>>> Ossur, see Rambam Hil. Sanhedrin 23:1.

>> 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.   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?
 
> Where do you get this distinction from, if the Dayon is not allowed to 
> take your not allowed to give.
>  
> Find a Dayon Hogun.

In general, that is not up to a person, is it?  A person doesn't get to
pick the judge that will handle his case.  Nor does he necessarily
get to pick the court.  Remember 1) we're not just talking about batei
din yisrael; 2) even in BD, a BD kavua (which would be the normal case)
can compel jurisdiction; 3) without a BD kavua generally one party has
the right to pick the BD, and the other party must go along with it;
4) even in ZaBLA, a person signs a shtar borerut on the understandable
assumption that the dayanim are honest - what is he to do once he
realises that that is not the case?

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