Negative Commandment 317 (Digest)
Cursing One's Fellow
"You shall not curse the deaf"—Leviticus 19:14.
It is forbidden to curse any Jewish person.
Why then does the Torah specifically prohibit cursing the deaf?
When a person is angered, the measures the person will take to quiet his anger depends on the severity of the (perceived) offense. Sometimes, he will suffice with cursing and shaming the offender. For a greater offense, the person will not be satisfied until he destroys all the offender's property, or actually hurts or injures the individual. For the greatest of offenses, the victim's fury will not be placated until he kills the one who hurt him.
Then there's the smallest of angers. One that can be assuaged merely by cursing the offender—even while not in his presence, even if the offender will never become aware of the cursing.
By commanding us not to curse (even) the deaf, the Torah is telling us that it is forbidden to curse another even not in his presence, and even if he will never find out about the slight.
The reason for this mitzvah is that the Torah is concerned not only with the state of the one being cursed, but also with the state of the one who curses, and wants to ensure that he not become accustomed to harboring angry and vengeful thoughts.
Also included in this prohibition is that one may not even curse oneself.
Unabridged English Text of this Mitzvah »
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> The 317th prohibition is that we are forbidden from cursing any Jew.
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> The source of this prohibition is G‑d's statement,;) "You shall not curse the deaf."
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> I will now explain why only "the deaf" are mentioned.
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> When a person, in accordance with his impression of the damage he has suffered, is aroused to take revenge against the person who harmed him, he will not rest until he takes revenge to match the damage he feels. Only then will his desire be put to rest and the impression erased from his mind.
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> Some people will calm down after just cursing and shaming the other person, keeping in mind the extent of damage and shame that they feel is "due" the other person. Sometimes it is more serious, and he won't be calmed until he destroys all the person's possessions, realizing the pain he will cause him through this destruction. At times it is even more serious, and he won't be calmed until he takes physical revenge through beating the person, or causing him loss of limb. Sometimes it could reach the most serious level, when he won't be calmed until he kills the person and nullifies his very existence.
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> And sometimes the transgression is so small that he doesn't even want to punish the other person. He will be calmed merely by yelling, getting angry at him or cursing him — even [so quietly] that if the person was present he wouldn't hear. It is well known that hot-tempered people will calm down even with this reaction when the offense was very minute, although the other person will not know of his anger nor hear his curse.
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> We might think that the Torah prohibits cursing a Jew only when he will hear it, because of the shame and pain he feels, but there is nothing wrong with cursing a deaf person, since he doesn't hear it and doesn't feel any pain as a result. The Torah therefore told us that this too is forbidden, because it is concerned not only with the one who is being cursed, but with the one who is uttering the curse. A person is prohibited from gearing himself for revenge and becoming accustomed to getting angry.
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> We indeed find that our Sages used this verse, "Do not curse the deaf," to prove that it is prohibited to curse any Jew. The Sifra;) says, "This verse speaks only of a deaf person. How do we know that all Jews are included? From the phrase,;) '[A Nasi] of your people do not curse.';) If so, why does this verse mention specifically the deaf? To teach you that [cursing] the dead is excluded: Just as the deaf are alive, the prohibition likewise includes anyone who is alive." And the Mechilta;) says, "The phrase, 'Do not curse the deaf,' refers to even the most downtrodden human beings."
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> When we say that this transgression is punishable by lashes, it is only when the curse was uttered using G‑d's Name.;) Even if a person curses himself, he is punished by lashes.
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> In summary, one who curses a person using G‑d's Name transgresses the prohibition, "Do not curse the deaf." One who curses a judge transgresses two prohibitions and receives two sets of lashes.;) One who curses a Nasi receives three sets of lashes.;) The Mechilta;) says, "The phrase, 'A Nasi of your people [do not curse],' includes both a Nasi and a judge. Why does the Torah also say, 'Do not curse a judge'? To punish the person for each prohibition separately."
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> From here our Sages said;) that a person could transgress four prohibitions with a single statement: the son of a Nasi who cursed his father. He transgresses the following four prohibitions: cursing his father,;) a judge,;) a Nasi,;) and a Jew.;)
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> We have therefore explained what we set out to do.
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> The details of this mitzvah are explained in the 4th chapter of tractate Shavuos.;)
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> Footnotes
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> Lev. 19:14.
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> Kedoshim 2:13.
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> 3.
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> Ex. 22:27.
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> 4.
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> The verse could have simply said, "A Nasi do not curse." The extra words, "of your people," comes to include everyone.
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> 5.
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> Ex. 21:17.
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> 6.
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> Any of the 7 Divine names or even a descriptive name, such as "Merciful One" (Chanun). See Hilchos Sanhedrin 26:3.
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> 7.
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> One for cursing a Jew, and one for cursing a judge.
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> The two above (since a Nasi is also a judge) and for cursing a Nasi.
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> 9.
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> Parshas Mishpatim.
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> 10.
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> Mechilta, ibid.
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> 11.
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> N318.
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> 12.
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> N315.
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> 13.
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> N316.
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> 14.
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> N317.
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> 15.
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> 35a.
Positive Commandment 178 (Digest)
Giving Evidence
"And he is witness, whether he has seen or known of it"—Leviticus 5:1.
We are commanded to testify before the judges regarding matters we are aware of, whether we actually saw an event or heard about it. This is true regardless of whether the testimony will cause financial loss for the person regarding whom we testify, or whether the testimony can save a person or his possessions.
One who refrains from giving evidence is guilty of a grave sin.
Unabridged English Text of this Mitzvah »
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> The 178th mitzvah is that we are commanded to testify before judges regarding any information we might have. Regardless of whether it will cause damage to the subject of the testimony or save him monetarily or physically, we are required to testify and notify the judges of whatever we have seen or heard.
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> Our Sages proved that it is required to give testimony from G‑d's statement;) (exalted be He), "If he was a witness who saw or knew [something, if he does not testify, he must bear his guilt]."
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> One who transgresses this mitzvah by withholding testimony is guilty of a grave sin, as G‑d said;) (exalted be He), "If he does not testify, he must bear his guilt." This is in general. But if he withheld testimony in a financial dispute, and swore falsely that he knew no testimony, he must bring a korban oleh v'yored, as described in Scripture;) in accordance with the conditions given in tractate Shavuos.;)
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> The details of this mitzvah are explained in tractates Sanhedrin;) and Shavuos.;)
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> Footnotes
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> Lev. 5:1.
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> Ibid.
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> Ibid. 5:5-10. See P72.
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> 4:1.
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> 5.
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> 37b.
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> 6.
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> 30a.