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

The Torah legislates support for the judges and teachers of Israel - the kohanim and Levites - through a system of tithes and gifts. This system provides them with a degree of financial independence, making them less susceptible to bribes and moneyed interests.

Biblical Scandal

Not every leader, however, maintains the standards of integrity that his public office demands. The Torah notes that the sons of the prophet Samuel did not follow in their father’s path of selfless public service. On the contrary, “they went after gain, took bribes and subverted justice" (I Sam. 8:3).

What brought about their judicial corruption? What were the root causes?

The Sages offered several possibilities for the failings of Samuel’s sons. At first glance, this appears to be a litany of various abuses of power. A careful reading, however, will recognize a pattern in their statements.

Rav Kook explained that the Talmud describes a progression of increasingly serious offenses. The Sages were not disagreeing about the facts in the case. They were mapping out the moral decline 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 were not, in fact, guilty of any true crime. Their fault was in their failure to replicate the exemplary public service of their father. Samuel would travel all over the country, providing judicial services for the people. His sons, on the other hand, stayed in their own court, and “increased 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.

Rabbi Yossi said: They took gifts by force.

What is the significance of all of these offenses? 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 much about genuine public service from Samuel. The Torah praises Samuel for traveling around the country and judging the people in their towns (I Sam. 7:16). Why was this important?

A true leader considers himself to be literally a servant of the public. His dedication to the community is reflected in his sensitivity to their problems and concerns. He governs and advises them, not according to his own station in life, but as if he is standing in their shoes.

This is the significance of Samuel’s custom of judging the people in their hometowns. Samuel was able to identify their needs and challenges. As a result, his rulings were appropriate and his guidance was effective.

This type of leader is able to make a direct connection with the people. He does not need the trappings of officialdom. He does not surround himself with layers of bureaucrats and government officials.

Samuel’s sons, however, failed to emulate this level of leadership. They would judge the people without leaving their city, without adjusting their mindset. In their eyes, they adjudicated properly. In addition, they required the assistance of a system of salaried clerks and scribes. As Rabbi Yonatan noted, this was not a crime. But it certainly falls short of the ideal of leadership as epitomized by Samuel.

Step 1: Just a Job

The other scholars taught that Samuel’s sons were in fact guilty of graft. 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, of course, according to the power and influence of the position.

The first failing may appear to be minor, 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 strong enough to make one willing to forgo financial remuneration. In fact, a true leader, aware of the importance of his work, may even feel a certain degree of impropriety in accepting payment.

Rabbi Meir described the fault of Samuel’s sons as “openly demanding their salaries." They failed to value the importance of their public service. By demanding payment, they showed that they looked at their work as a job like any other - and not a sacred calling that is its own reward.

Step 2: Using Others

From this stage, it is but a small step to actual abuse of power. Once a leader is no longer altruistic in his attitude towards public service, he will begin to see it as a burden. He will have no scruples about forcing others to handle his personal affairs. Since I take care of their needs, he reasons, why shouldn’t they take care of mine?

This is the wrongdoing identified by Rabbi Yehudah: “They compelled private individuals to conduct their business affairs."

Step 3: Grabbing For More

From here it is another small step to the next level of corruption. Rav Kook noted that one who fails to live up to the moral demands of his position will ultimately sink below the ordinary standard of ethical behavior.

Leading and judging should be an inspiring vocation. A leader should feel that he is helping build a safer, more equitable society. In the words of the Talmud (Shabbat 10a), an honest judge is “God’s partner in creation." But a flawed character, together with a failure to value his public work, will undermine the leader’s sense of propriety and justice. Instead of values based on a sense of justice, he is ensnared by the glitter of superficial honors.

His lack of integrity is expressed quantitatively - he takes “an extra portion of tithes" - as well as qualitatively - he takes it by force.

Step 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 legal claim to. But his dishonesty may lead to the lowest level, when justice and propriety are empty shells, high-minded words lacking any true content. He views the judicial system as merely a tool to ensure social order. It has no connection to our aspirations for an ethical society.

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. Calling them gifts only serves to silence what little is left of his conscience, allowing him to justify his crimes.

These are the stages in the descent of a judge corrupted by the lure of superficial honors and financial gain - a leader who should have been organizing society according to the foundations of justice and morality.

(Adapted from EinEyah vol. IV, pp. 52-54, sent to Arutz Sheva by Rabbi Chanan Morrison, RavKookTorah.org)