Halakhah su Esodo 22:27

The Torah identifies two institutions of authority. First, the Torah speaks of the beit din, specifically the Sanhedrin, whose Torah leadership we must follow. In this regard, the Torah exhorts us, "Based on the rulings they rule for you, and [based] on the justice they tell you you shall act" (Devarim 17:11). The Torah subsequently speaks of the leadership of a king. The Torah forbids rebellion against either of these institutions of authority. In fact, both a rebel against Torah authorities (zaken mamreih) and a rebel against political authorities (mored bemalchut) are punished by death, because such people threaten the stability and viability of society. The Ramban (Shemot 22:27) and Sefer Hachinuch (Mitzvah 71), in explaining the prohibition of cursing a leader, write that the Torah forbids cursing any national leader, be he from the political authority or from the Torah authority.

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.