To not take a bribe: That the judge not take a bribe from the litigants — even to judge truthfully — as it is stated (Exodus 23:8), “And you shall not take a bribe.” And this negative commandment is repeated in the Torah about this matter in another place (Deuteronomy 16:19). And so did they say in Sifrei Devarim 144:10, “‘You shall not take a bribe’ — even to make the innocent, innocent and the liable, liable.”
It is from the roots of the commandment that it was forbidden to us to take a bribe even to judge a case truthfully, in order to remove this bad practice from among us, lest we will come from this to judge falsely with bribes. And it is a clear thing — it does not need a proof.
From the laws of the commandment is that which they, may their memory be blessed, said (Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 23:1, 3) that the one who gives and the one who takes it [both] transgress a negative commandment - the one who gives it because of (Leviticus 19:14), “before the blind,” and the one who takes it is included in the curse (Deuteronomy 27:25). And [that] he is obligated to return it; and that it is forbidden for a judge to raise his stature on purpose in order to provide more pay for his scribes. And that it is even forbidden to take an oral bribe — but rather if maybe the litigants honor him with words, he should show himself as if he does not pay attention at all to the words. The general principle of the thing is that it is forbidden for the judge to accept any benefit from the litigants at all for his judgments. But if the judge is a craftsman, the Sages allowed him to take a wage while he is involved in their case, for his idleness from his craft — and that is when the matter is recognizable that it is only a wage for idleness, but not more; and he takes equally from both of them. And the rest of its details — are in Sanhedrin. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 23.)
And [it] is practiced in every place and at all times by males, as they judge. And one who transgresses it and receives a bribe, violates the commandment of [the] King. But he is not lashed, as it is given to returning.
שֶׁלֹּא לִקַּח שֹׁחַד – שֶׁלֹּא יִקַּח הַדַּיָּן שֹׁחַד מִבַּעֲלֵי הַדִּין אֲפִלּוּ לָדוּן דִּין אֱמֶת, שֶׁנֶּאֱמַר (שמות כג ח) וְשֹׁחַד לֹא תִקָּח. וְנִכְפָּל הַלָּאו בַּתּוֹרָה בְּזֶה הָעִנְיָן בְּמָקוֹם אַחֵר (דברים טז יט) וְכֵן אָמְרוּ בְּסִפְרֵי לֹא תִקַּח שֹׁחַד, אֲפִילּוּ לְזַכּוֹת זַכַּאי וּלְחַיֵּב חַיָּב.
To not take a bribe: That the judge not take a bribe from the litigants — even to judge truthfully — as it is stated (Exodus 23:8), “And you shall not take a bribe.” And this negative commandment is repeated in the Torah about this matter in another place (Deuteronomy 16:19). And so did they say in Sifrei Devarim 144:10, “‘You shall not take a bribe’ — even to make the innocent, innocent and the liable, liable.”
מִשָּׁרְשֵׁי הַמִּצְוָה, שֶׁנֶּאֱסַר עָלֵינוּ לִקַּח הַשֹּׁחַד אֲפִלּוּ לָדוּן אֶת הַדִּין לַאֲמִתּוֹ. כְּדֵי לְהָסִיר מִבֵּינֵינוּ הַהֶרְגֵּל הָרַע פֶּן נָבוֹא מִתּוֹךְ כָּךְ לָדוּן בְּשֹׁחַד דִּינֵי שֶׁקֶר, וְדָבָר בָּרוּר הוּא, אֵין צָרִיךְ מוֹפֵת.
It is from the roots of the commandment that it was forbidden to us to take a bribe even to judge a case truthfully, in order to remove this bad practice from among us, lest we will come from this to judge falsely with bribes. And it is a clear thing — it does not need a proof.
מִדִּינֵי הַמִּצְוָה, מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (רמב"ם סנהדרין כג א ג), שֶׁהַנּוֹתֵן וְהַמְּקַבֵּל עוֹבְרִין בְּלָאו. הַנּוֹתֵן מִשּׁוּם וְלִפְנֵי עִוֵּר (ויקרא יט יד), וְהַמְּקַבְּלוֹ שֶׁהוּא בִּכְלַל אָרוּר, וְחַיָּב לְהַחְזִירוֹ, וְשֶׁאָסוּר לַדַּיָּן לְהַגְדִּיל מַעֲלָתוֹ לְכַוָּנָה כְּדֵי לְהַרְבּוֹת שָׂכָר לְסוֹפְרָיו, וְשֶׁאֲפִלּוּ שֹׁחַד דְּבָרִים אָסוּר לִקַּח, אֶלָּא יִרְאֶה עַצְמוֹ כְּאִלּוּ אֵינוֹ מֵשִׂים לִבּוֹ כְּלָל אֶל הַדְּבָרִים אִם אוּלַי יְכַבְּדוּהוּ בַּעֲלֵי הַדִּין בִּדְבָרִים. כְּלָלוֹ שֶׁל דָּבָר, אָסוּר לַדַּיָּן לְקַבֵּל הֲנָאָה מִבַּעֲלֵי הַדִּין כְּלָל בִּשְׁבִיל דִּינָיו, אֲבָל אִם הַדַּיָּן הוּא בַּעַל מְלָאכָה הִתִּירוּ לוֹ חֲכָמִים לִשְׁאֹל מִבַּעֲלֵי הַדִּין שְׂכַר בַּטָּלָתוֹ מִמְּלַאכְתּוֹ בְּעוֹד שֶׁיַּעֲסֹק בְּדִינָם, וְהוּא שֶׁיְּהֵא הַדָּבָר נִכָּר שֶׁהוּא שְׂכַר הַבַּטָּלָה בִּלְבַד וְלֹא יוֹתֵר, וְיִטֹּל מִשְּׁנֵיהֶם בְּשָׁוֶה, וְיֶתֶר פְּרָטֶיהָ בְּסַנְהֶדְרִין [פכ"ג שם].
From the laws of the commandment is that which they, may their memory be blessed, said (Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 23:1, 3) that the one who gives and the one who takes it [both] transgress a negative commandment - the one who gives it because of (Leviticus 19:14), “before the blind,” and the one who takes it is included in the curse (Deuteronomy 27:25). And [that] he is obligated to return it; and that it is forbidden for a judge to raise his stature on purpose in order to provide more pay for his scribes. And that it is even forbidden to take an oral bribe — but rather if maybe the litigants honor him with words, he should show himself as if he does not pay attention at all to the words. The general principle of the thing is that it is forbidden for the judge to accept any benefit from the litigants at all for his judgments. But if the judge is a craftsman, the Sages allowed him to take a wage while he is involved in their case, for his idleness from his craft — and that is when the matter is recognizable that it is only a wage for idleness, but not more; and he takes equally from both of them. And the rest of its details — are in Sanhedrin. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 23.)
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים, שֶׁהֵם דָּנִים. וְהָעוֹבֵר עָלֶיהָ וְקִבֵּל שֹׁחַד, עָבַר עַל מִצְוַת מֶלֶךְ, וְאֵינוֹ לוֹקֶה לְפִי שֶׁנִּתָּן לְהִשָּׁבוֹן.
And [it] is practiced in every place and at all times by males, as they judge. And one who transgresses it and receives a bribe, violates the commandment of [the] King. But he is not lashed, as it is given to returning.