Why Torah and Justice Cannot Be Sold

Discover how the Gemara reads Moses' parting words to ban judges and teachers from charging for their sacred work.

רְאֵ֣ה ׀ לִמַּ֣דְתִּי אֶתְכֶ֗ם חֻקִּים֙ וּמִשְׁפָּטִ֔ים כַּאֲשֶׁ֥ר צִוַּ֖נִי יְהֹוָ֣ה אֱלֹהָ֑י לַעֲשׂ֣וֹת כֵּ֔ן בְּקֶ֣רֶב הָאָ֔רֶץ אֲשֶׁ֥ר אַתֶּ֛ם בָּאִ֥ים שָׁ֖מָּה לְרִשְׁתָּֽהּ׃

See, I have imparted to you laws and rules, as the ETERNAL my God has commanded me, for you to abide by in the land that you are about to enter and occupy. (Deuteronomy 4:5)

The Problem of Paid Justice

The Mishnah in Bekhorot establishes a startling penalty: if a judge takes payment to decide a case, his judicial rulings are completely void. Rendering judgment is an indispensable mitzvah (commandment), yet taking money for it destroys the legal validity of the decision. This raises an immediate question: what makes accepting an honest fee for one's time and expertise so spiritually and legally corruptive?

The Gemara turns to scripture to uncover the root of this rule. Rashi explains that the Gemara is seeking the biblical prohibition against taking wages for giving rulings and for teaching Torah. The inquiry leads the Talmud back to the final speech of Moses at the border of the Promised Land.

גמ' מנא ה"מ - דאין נוטלין שכר על הוראה ותלמוד תורה שילמד:

Gemara: From where are these matters derived? — That one may not take wages for giving rulings and for Torah study that he teaches. (Rashi on Bekhorot 29a:7:1)

Moses Recalls the Divine Command

In the book of Deuteronomy, Moses prepares the nation to cross the Jordan River without him. He reminds them of their national mission and the divine laws given at Mount Sinai: "See, I have taught you statutes and ordinances, as the Lord my God commanded me, for you to abide by in the land that you are about to enter and occupy".

In its plain meaning, the verse emphasizes fidelity to God's covenant. Ramban explains that Moses singles out חֻקִּים (statutes whose reasons are hidden) and מִשְׁפָּטִים (civil laws) because civil justice is what establishes the land and demands special reinforcement. Ibn Ezra notes that Moses adds the phrase "as the Lord my God commanded me" to remind Israel that these statutes are purely divine precepts, not his own inventions, and that keeping them will bring them glory among the nations.

רְאֵ֣ה ׀ לִמַּ֣דְתִּי אֶתְכֶ֗ם חֻקִּים֙ וּמִשְׁפָּטִ֔ים כַּאֲשֶׁ֥ר צִוַּ֖נִי יְהֹוָ֣ה אֱלֹהָ֑י לַעֲשׂ֣וֹת כֵּ֔ן בְּקֶ֣רֶב הָאָ֔רֶץ

See, I have taught you statutes and ordinances, as the Eternal my God commanded me, to do so in the midst of the land. (Deuteronomy 4:5)

The Derashah: Free as Sinai

The Gemara reads the phrase כַּאֲשֶׁר צִוַּנִי ה׳ אֱלֹהָי ("as the Lord my God commanded me") with razor precision. As Kli Yakar observes, the extra phrase seems superfluous; would anyone imagine Moses acted on his own authority without God commanding him? Rather, Moses was describing the exact manner of the transmission.

Rav Yehuda cites Rav to derive the core principle: just as God taught Moses for free, so too Moses taught Israel for free, and so too future generations must teach and judge for free. Because the Torah was gifted freely at Sinai, any judge or teacher is merely an emissary in that ongoing transmission. Transforming the dissemination of divine law into commerce breaks the very chain of Sinai.

מָה אֲנִי בְּחִנָּם — אַף אַתֶּם בְּחִנָּם.

Just as I was for free, so too you shall be for free. (Bekhorot 29a:7)

Wages Versus Bribery

One might wonder why a specific verse is necessary to prohibit paying a judge. The Torah already contains an explicit ban on taking a bribe: "And you shall take no bribe".

Tosafot clarifies that שוחד (bribery) and an ordinary wage are entirely different legal concepts. Bribery involves money given to sway a judge to rule favorably or find merit for one litigant. An ordinary judicial wage, by contrast, is mere compensation for the judge's time and effort without any bias. The verse in Deuteronomy was required to teach that even an honest wage voids the judgment. However, Tosafot points out that a judge or teacher may accept שכר בטלה דמוכח (compensation for evident loss of work) if he must abandon his trade to serve.

Buy Truth and Never Sell It

The Gemara supplements this rule with a baraita quoting King Solomon's proverb: "Buy truth and never sell it",. Rashi explains that "truth" refers specifically to Torah. If a student cannot find an instructor willing to teach without a fee, the student is commanded to pay for instruction.

Nevertheless, the prohibition on the teacher remains ironclad: a scholar who had to pay for his own schooling is still forbidden from charging others to teach. The halacha concludes that justice and Torah must be accessible without cost, ensuring that God's word never becomes a commodity.

תַּלְמוּד לוֹמַר: ״אֱמֶת קְנֵה וְאַל תִּמְכֹּר״.

The verse states: 'Buy truth and do not sell it.' (Bekhorot 29a:8)

Because God gave the Torah for free at Sinai, judges and teachers must convey divine law without taking wages.

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