Halakha Ulangan 28:58: Abudarham, Kitzur Shulchan Arukh, Shulchan Arukh, Choshen Mishpat & Sefer HaChinukh

...We find the following in Tosefta Brachos: "Whoever fulfills a commandment must recite a blessing beforehand." This idea is mentioned in Yerushalmi Brachos and is supported by the following verse in Exodus 24: "And I will give you the stone tablets, the law, and the commandment." The law and the commandment are mentioned together because they have a common feature. So goes the argument there: "In the same way that one must recite a blessing when studying the law, one must also recite a blessing when fulfilling a commandment." But why must one recite a blessing when studying the law? We find this question under discussion in Tractate Brachos Chapter 3, as follows: "Whoever reads the Torah must recite a blessing beforehand and afterward. Why must one recite a blessing beforehand? Scripture states: 'When I read aloud the Name of the Lord, attribute greatness to our God' and, elsewhere, 'You are blessed, Lord; teach [us] your statutes.' The law is called the Name of the Lord because it is the study of His great Name. A similar idea is expressed in the following verse: '[When] you are careful to fulfill all the words of this law, to fear this honorable and awesome Name — the Lord your God.' Why must one recite a blessing afterward? It makes sense when using the following logical inference: If one must recite a blessing after eating, which only provides temporary sustenance, then one must certainly recite a blessing after reading the Torah, which provides eternal sustenance. But why must one recite a blessing after eating? Scripture states: 'You will eat, you will be sustained, and you will bless the Lord your God.' That supports the need to recite a blessing afterward, but why must one recite a blessing beforehand? Rabbi Isaac said that it is supported by the following verse: 'He will bless the sacrifice, and then the guests will eat.' Rabbi Nathan said that it is supported by the following verse: 'You must serve the Lord your God, and He will bless your bread.' The bread is only yours until you eat it. Rabbi felt that it makes sense when using the following logical inference: If one must recite a blessing afterward, when one is sustained, then one must certainly recite a blessing beforehand, when one is hungry." The blessing recited after reading the Torah should only be recited after a public Torah reading, as stated in Yerushalmi Brachos: "Rabbi Samuel son of Avdima said that the logical inference used to establish that a blessing be recited after reading the Torah based on the blessing that is recited after eating is only used to establish that a blessing be recited after a public Torah reading; however, an individual studying Torah alone should not recite a blessing afterward."

It is forbidden to utter the Name of God in vain. Whoever utters the Name of God in vain violates a positive commandment, as it is written: "You shall fear Hashem, your God."⁵Deuteronomy 6:13. It is also written: "If you will not heed etc. to fear this glorious and awesome Name."⁶Deuteronomy 28:58. Included in the concept of fear is not mentioning His great Name except in praise of Him or when reciting a berachah whenever required, or when studying Torah. You should fear and tremble when you mention the Name of Hashem, Blessed Be His Name, but you should not utter it God forbid in vain. This not only applies to the ineffable Name⁷The four letters of Yud-Hey-Vov-Hey. but includes all Names that are ascribed to Hashem, Blessed be He. It is not only forbidden in Hebrew but is forbidden in any language. He who curses his friend or himself in the Name of Hashem, Blessed be He or in one of the allusions to Hashem, (the allusions refer to the adjectives that are used to praise the Holy One Blessed is He, e.g., the Great, the Powerful, the Awesome, the Faithful, the Glorious, the Mighty, the Valiant, the Strong, the Gracious, the Merciful, the Zealous, Prolonger of Wrath, and Bestower of Kindness) in any language, incurs the penalty of lashes. In our sinfulness many people are careless and say: "God should punish him" or something similar to that, thereby violating a prohibition of the Torah. If one curses without using Hashem's Name or without the allusion to Him or if the curse was implied from something else that was said, for example: May that person not be blessed by Hashem or a similar statement, even though there is no penalty of lashes there is still a violation (see Choshen Mishpat ch. 27). Similarly it is forbidden to write His Name Blessed be He, in any letter, in any language. Many people mistakenly write His Name, Blessed be He, in German⁸Although the author lived in Hungary, he spoke German, but this holds true for the vernacular of any country. or write the word, adieu which in French means "with God," and this constitutes a clear violation since after a while the letter will be thrown away with trash. When the Name of God is mentioned frequently, especially when mentioned disdainfully, God forbid it causes poverty among Jews. Wisdom and effort are required to halt this practice (See Urim there). When saliva accumulates in your mouth, you should remove it and then say the Name of Hashem, and not say the Name and then spit. Similarly, when kissing the Torah, remove any saliva before kissing the Torah and not afterwards. When you wish to mention the Name of Hashem you should say the word Hashem,⁹Literally meaning “the Name.” and not as the common people who say Adoshem, because this reference is undignified when referring to Heaven. (See Turei Zahav, Chapter 621).

One who curses an Israelite,¹Mishna Sheb. 35a and Gemara ibid. 36a. and even [if] he curses himself,²Tur — G. Mishna and Gemara ibid.: ‘For it is written, Only take heed to thyself, and keep thy soul (life) diligently (Deut. IV, 9. In Ber. 32a this verse is taken to mean that one should take good care of the body and its needs and not subject himself to dangers whence it is implied that it is forbidden to curse oneself) and … wherever it is said, take heed, lest, or not, it is nothing but a negative precept (Hence, in this verse take heed to thyself also means ‘do not invoke any curse upon thyself’).’ — by the [Divine] Name or by a substitute,³Mishna ibid.: ‘(If one said to witnesses, I adjure you) by Alef-Daleth (the first two letters of Adonai, the Lord) or by Yod-He (the Tetragrammaton) or by Shaddai (the Almighty) or by Ẓebaoth ([Lord] of Hosts) or by the Merciful and Gracious One, or by Him that is long-suffering and of great kindness, or by any of the substitutes of the Name, they are liable … If a man cursed himself or his fellow by any of them, he transgresses a negative precept.’ Gemara ibid. 36a: ‘R. Jannai said: This is the view of both (i.e., R. Meir and the Sages both agree that one who curses himself or his neighbour not merely by the Name, but even by any of the substitutes, transgresses a negative precept).’ or by one of the names that the heathens call the Holy One, Blessed be He,⁴ San. 60a whence it is derived that substitutes for the Divine Name employed by heathens are considered valid substitutes. Cf. also Ned. 3a, 10a where substitutes regarding vows are considered the foreign equivalents of the Hebrew. Thus Yad, Sanhedrin XXVI, 3 and Tur a.l. — if this took place in the presence of witnesses⁵ Deut. XIX, 15. and [was preceded by] warning,⁶ Ket. 33a. he receives lashes⁷Thus was the procedure in Temple days. Derived from Tem. 3a-b, 4a: ‘R. Iddi b. Abin stated on the authority of R. Amram, R. Isaac and R. Joḥanan: R. Jose the Galilean reported: With regards to every negative precept laid down in the Torah, if one performs an act (in violating it) he is punished with lashes, but if he does not perform an act (in violating it) he is exempt, save in the case of one who takes an oath, exchanges (an unconsecrated animal for one that is consecrated), and curses his fellow with the Name, in which cases, although he performed no act, he is punished (with lashes) … And he who curses his neighbour with the Name: Whence is this derived? — R. Eleazar stated on the authority of R. Oshaia: The text reads, If thou wilt not observe to do etc. (Deut. XXVIII, 58. The verse continues: That thou mayest fear this glorious and fearful name, the Lord thy God, which intimates that one should not utter the Divine Name in vain and likewise one who curses his neighbour with the Divine Name is included in the same category). And it is written, Then the Lord will make thy plagues wonderful (v. 59). Now I do not know what is the nature of this wonder (peculiarity of punishment). But when it says (ibid. XXV, 2): That the judge cause him to lie down to be beaten (והפילו which is similar to the expression והפלא He will make … wonderful), this indicates that the wonderful (punishment) refers to punishment with lashes … Why not say … since he transgresses two things, first in uttering the Lord’s Name in vain and then in irritating his fellow, consequently, punishment with lashes should not suffice? — You cannot say thus, for it is written, Thou shalt not curse the deaf (Lev. XIX, 14 whether with or without the Divine Name).’ Thus also in Y. Sheb. IV, 10(35d) in accord with R. Jose contra the Colleagues. , however, RaBaD to Yad ibid. who on the basis of Y. ibid. deduces that if one cursed with a substitute he is not punished by lashes. It is only when he curses with the Tetragrammaton, although no act is performed, yet lashes are administered. , Kes. Mish. to Yad ibid. who defends Maim. against RaBaD’s stricture. on account of [the negative precept] 'Thou shalt not curse the deaf,'⁸Lev. XIX, 14. Actually the negative precept Thou shalt not curse the deaf includes all persons. The deaf was singled out, although he does not hear and is not subjected to any suffering, so that people should not take advantage of his infirmity. Thus Yad, Sanhedrin XXVI, 1 and Tur a.l. — M.E. Cf. also Sifra to Lev. ibid. and if [the cursed person] was a Judge, he receives additional lashes on account of [the negative precept] 'Thou shalt not curse the Judges.'⁹Ex. XXII, 27. Thus San. 66a. This, however, refers to a permanent Judge — P.Tesh. And [if one cursed by] Arur it is considered a form of curse.¹⁰Sheb. 36a. It must, however, contain the Name or its substitutes — M.E.