What makes a judge dishonest? What are the cognitive steps in the corruption of a leader?

The Torah legislates support for the judges and teachers of Israel — the kohanim and Levites — through an array of tithes and gifts. This support gives them a degree of financial independence, and should make them less susceptible to bribes and moneyed interests.

Biblical Scandal

Not every leader, however, succeeds in maintaining the standards of integrity called for by their public office. The Torah notes that Samuel's sons did not follow in their father's path, but "went after gain, took bribes and perverted justice" (I Sam. 8:3). What brought about this judicial scandal?

The Talmud offers several interpretations for the failings of Samuel's sons. At first glance, this appears to be simply a litany of types of graft and abuse of power. Rav Kook however noted that there is a pattern to these statements. A careful reading indicates that they describe a succession of increasingly serious offenses. The Sages were not so much disagreeing about the facts in the case of Samuel's sons, but rather mapping out the moral descent of a leader, step by step, into the morass of deceit and corruption.

Here are the various opinions, as quoted in Shabbat 56a:

According to Rabbi Yonatan, Samuel's sons did not truly sin. Rather, they failed to follow the righteous ways of their father. Samuel would travel all around the country to judge the people. His sons, on the other hand, stayed in their own place, "to increase the fees of their clerks and scribes." 

"Rabbi Meir said: they would openly demand their salaries. Rabbi Yehudah said: they compelled private individuals to conduct their business affairs. Rabbi Akiva said: they would forcibly take an extra measure of tithes. And Rabbi Yossi said: they took gifts by force."

What is the significance of all these opinions? Let us follow the descent of the crooked politician, as he slides into the cesspool of graft and corruption.

Down-to-Earth Leadership

We can learn a lot about public service from Samuel. The text praises him for traveling around the country and judging the people in their towns (I Sam. 7:16). Why was this so significant?

A true leader will consider himself to be literally a servant of the public. His dedication to the community is reflected in his sensitivity and understanding of their problems. He governs and advises them, not according to his own views, but as if he has descended to their place. This is the significance of Samuel's custom of judging the people in their towns. Samuel was able to identify with their needs so that his rulings were appropriate and his guidance effective. This type of leader governs by connecting with the people directly. He does not need the trappings of officialdom, nor must he surround himself with layers of bureaucrats and government officials.

Samuel's sons, however, failed to attain this level of leadership. They judged the people without leaving their location and state of mind. In their eyes, they adjudicated justly. And they required the assistance of a system of salaried clerks and scribes. As Rabbi Yonatan noted, this was not really a sin, but it certainly falls short of the exemplary leadership of Samuel.

1. Just a Job

The other scholars felt that Samuel's sons were in fact guilty of graft, and they described the various steps down the path of political corruption. Like all moral failings, abuse of authority comes in stages. Its danger and severity is magnified, however, according to the power and influence of the position.

The first failing may appear to be insignificant, but it is indicative of a problematic attitude that is the root cause of more serious abuse. A community leader, and especially a spiritual leader, should recognize that public service is a great privilege. This recognition should be powerful enough to make one willing to forgo financial remuneration. A true leader may be so honored with his mission that he even feels that it is improper to accept payment for this work.

Rabbi Meir thus discerned the fault of Samuel's sons as "openly demanding their salaries." They failed to sense the importance of their public service. By demanding payment, they showed that they viewed their work as a job like any other, not a sacred calling that is its own reward.

2. Using Others

From this point it is but a small step to actual abuse of power. Once a leader fails to see the idealism in his position, he will begin to look upon it as a burden. He will then have no scruples about burdening others with his own personal needs and affairs. Since I take care of their needs, he reasons, they should take care of mine. This is the stage identified by Rabbi Yehudah: "They compelled private individuals to conduct their business affairs." 

3. Grabbing For More

From here it is another small step to the next level of corruption — both in quality and quantity. It is axiomatic, Rav Kook noted, that a person who fails to live up to the moral demands of his position will end up sinking even lower than the common level of ethical behavior.

Leading and judging should be an inspiring vocation. A leader should feel that he is helping build a better world; in the words of the Talmud (Shabbat 10a), he becomes 'God's partner in creation.' But defective character traits together with a failure to feel privileged in his public work will cloud his sense of propriety and justice. Instead of values based on an inner sense of justice, his value system becomes relegated to superficial honors. His lack of integrity is expressed quantitatively — he will "take an extra portion of tithes" — as well as qualitatively — he will obtain it by force.

4. Legal in Name Alone

As long as he retains some semblance of morality, such a leader will not try to seize that which he has no claim over. But his dishonesty may lead to the lowest level, a state where justice and propriety are merely empty shells, high-minded words without any inner content. He views the justice system as simply a means of ensuring social order, completely detached from any heartfelt demands for ethical behavior.

This is the level described by Rabbi Yossi: "They took gifts by force." If they were taken by force, how can they be called 'gifts'? This is a form of legal manipulation that is legal in name only. He may call them 'gifts' or 'contributions,' but in fact they were taken forcibly. The name only serves to silence what little is left of his inner integrity, crying out against his deeds of theft and graft, so that he may justify his crimes to himself.

These are the steps in the fall of a judge corrupted by the lure of financial gain — a leader who should have been organizing society according to the foundations of justice and morality. "Righteousness and justice are the foundation of His throne" (Psalms 97:2).

(Adapted from Ein Eyah vol. IV pp. 52-54)

Copyright © 2006 by Chanan Morrison