"Yisro — Part II — Leadership, Courts, and the Birth of a Torah Society"

2.3 — The Four Qualities of a Dayan: Wealth, Truth, and Hatred of Gain

Why Torah Legislates Character

When Yisro outlines the qualifications for judges, he does not begin with brilliance or piety. He begins with character: [אַנְשֵׁי חַיִל… אַנְשֵׁי אֱמֶת… שֹׂנְאֵי בָצַע — “capable men… men of truth… haters of gain”]. The Torah is telling us something uncomfortable: religious sincerity alone does not safeguard justice.

This essay examines why Torah law distrusts bribability—even among the devout—and why judicial integrity begins with inner resistance to benefit.

“Anshei Chayil”: Capacity Before Cleverness

The phrase [אַנְשֵׁי חַיִל — “capable men”] is often misunderstood as physical strength or social standing. In context, it means resilience: the ability to withstand pressure, fatigue, intimidation, and appeal.

Judging is not a neutral activity. It exposes a dayan to:

• emotional manipulation,
• communal pressure,
• gratitude and resentment,
• subtle self-interest.

Torah therefore demands capacity—the strength to remain steady when the stakes rise.

“Anshei Emet”: Truth as a Habit

Truth in Torah is not merely factual accuracy. [אַנְשֵׁי אֱמֶת — “men of truth”] describes a person whose relationship to reality is disciplined. Such a judge:

• resists narrative convenience,
• refuses partial truths,
• does not confuse empathy with exoneration.

Truth must be a habit, not a heroic moment. A judge who tells the truth only when it is costly is already compromised.

Why “Hating Gain” Is Non-Negotiable

The most arresting requirement is [שֹׂנְאֵי בָצַע — “haters of gain”]. Torah does not say “those who avoid bribes,” but those who hate profit. Why the extremity?

Because bribery rarely announces itself. It enters quietly—as gratitude, obligation, reputation, or future advantage. A judge who merely avoids overt corruption may still be influenced. Torah therefore demands an inner aversion to benefit itself.

Justice cannot survive where advantage is attractive.

Even the Religious Are Not Immune

The Torah’s distrust is principled, not cynical. Piety does not cancel bias. On the contrary, religious confidence can mask self-justification: “I know my intentions are pure.”

By insisting on hatred of gain, the Torah guards against:

• unconscious favoritism,
• moral licensing,
• spiritual rationalization.

The dayan must not only refuse bribes; he must recoil from them.

Wealth as Independence

Chazal note that judges were ideally financially independent. Wealth here is not luxury; it is insulation. Dependence—on donors, patrons, or reputation—creates leverage. Torah justice requires freedom from leverage.

This is why judicial integrity is an institutional value, not merely a personal one.

From Character to System

These qualities are not aspirational; they are architectural. A court staffed by capable, truthful, and gain-averse judges creates:

• public trust,
• equal access to justice,
• durability of law.

Without them, even perfect statutes collapse in practice.

Chassidic Insight: Desire Distorts Vision

Chassidic masters teach that desire bends perception. Where gain is loved, clarity dims. Hatred of gain is not asceticism; it is optical correction—keeping the lens clean so truth remains visible.

Application for Today

Modern societies often assume that good rules can compensate for weak character. Parshas Yisro disagrees. Torah insists that justice rests on who judges, not only how they judge.

The question is not whether a judge knows the law, but whether the law can speak through him without interference.

📖 Sources

• Full sources available on the Mitzvah Minute Parshas Yisro page under insights and commentaries.