Komentarz do Kapłańska 19:14

לא תקלל חרש THOU SHALT NOT CURSE THE DEAF — I have here only the law that one must not curse the deaf: whence do I know that any person is included in this prohibition and that the meaning is, Thou shalt not curse even the deaf? Because Scripture states (Exodus 22:27) "Thou shalt not curse בעמך, anyone among thy people". But if this be so why does Scripture say חרש and does not use some more general expression? It does so in order to offer an analogy: What is the case with the חרש? He is one who cannot hear your curse and therefore cannot feel aggrieved, but he has the characteristic of being a living person! The same applies to all living, thus excluding a dead person, who though he cannot hear and feel aggrieved, is not living (Sifra, Kedoshim, Section 2 13; cf. also Sanhedrin 66a).

THOU SHALT NOT CURSE THE DEAF. “From this verse I know only [that one may not curse] the deaf. Whence do I know that one may not curse anybody? From the words of Scripture: Of thy people thou shalt not curse.⁵⁶Exodus 22:27. If so, why does it state [here] ‘the deaf’? It is to teach us that ‘the deaf’ has been singled out by Scripture [here] because [although he is unable to hear and feel hurt], he has the characteristic of being alive, thus exluding [from the scope of this prohibition] the dead [who, though they are like the deaf in their inability to hear and feel hurt], are unlike them in being no longer alive.” This is Rashi’s language, and so it is taught in the Torath Kohanim.⁵⁷Torath Kohanim, Kedoshim 2:13. But the interpretation of the Gemara⁵⁸Sanhedrin 66 a. is not so. Rather, Scripture first warned against [cursing] the dignitaries of the people, the judge or ruler, saying, Thou shalt not curse ‘elohim’ (the judges) nor curse a ruler of thy people.⁵⁶Exodus 22:27. Then it gave another admonition [here] against cursing the unfortunate ones of the people, like the deaf, and from them [i.e., from both classes of people, the distinguished and the unfortunate] we learn by a general proposition that we must not curse anyone of the rest of the people, since from beginning to end [from “the ruler” to “the deaf”] they are all included in this prohibition.⁵⁹Thus the prohibition against cursing anybody is not, as Rashi stated, derived from the phrase of thy people thou shalt not curse, but is rather based on the two prohibitions against cursing a ruler and the deaf, which include the highest stratum of the people as well as the unfortunate ones, and everyone else is naturally included in between these two categories. And the word b’amcha (of thy people — a ruler ‘of thy people’) is interpreted [by the Gemara] to mean⁶⁰Sanhedrin 85 a. only those who conduct themselves in the manner of thy people, thus excluding the wicked.
According to the plain meaning of Scripture, the verse mentions cursing the deaf [in order that we may deduce] that if in the case of one who cannot hear and will not become incensed by the curse, the Torah nonetheless admonished against cursing him, how much more so [is it prohibited to curse] one who hears and feels the insult, and will become hot-tempered because of it! Moreover, Scripture always admonishes against doing that which is frequent, for a person is inclined to curse the deaf and put a stumbling-block before the blind since he does not fear them, because they know not, neither do they understand.⁶¹Psalms 82:5. Therefore [it states here], and thou shalt fear thy G-d, Who sees the secret things. And He added another prohibition against cursing rulers, the prince and the judge,⁵⁶Exodus 22:27. because it is usual for people to curse them in their bed-chamber⁶²See Ecclesiastes 10:20. when in judging him he lets him go forth condemned,⁶³Psalms 109:7. and there are many harms that are caused by cursing a prince or a judge, for the masses of people in their foolishness will hate them and will thus be stirred to rise up against them, while in truth the prince and judge establish the land by their justice.⁶⁴See Proverbs 29:4: The king by justice establisheth the land.

At this point the Torah warns that one must not cause distress to one’s fellow man by undermining his dignity, his self image and the image he enjoys among his peers. Example are: לא תקלל חרש, this is a damage that the deaf person does not even become aware of. Next, the Torah discusses tangible damages, such as

לא תקלל חרש, the Torah uses an example of everyday occurrences. The emphasis is on the penultimate syllable on account of the dagesh in the first ל. Similar constructions affecting the emphasis occur in ivver, or gibben, both of which also are emphasised on the first syllable as they have a dagesh in the vav or beyt respectively.

לא תקלל חרש, “do not curse a deaf person.” The Talmud in Sanhedrin 66 points out that the Torah has forbidden cursing notables such as judges and kings, when it wrote אלהים לא תקלל ונשיא בעמך already in Exodus 22,27, and here it equally forbids cursing less prominent people, even those who cannot hear that they are being cursed. Once even a deaf person is included in this legislation it is clear that one must not curse anyone. Nachmanides writes that according to the plain meaning of the text the Torah warned against cursing the deaf, as seeing that the fact that he cannot hear the curse he cannot feel insulted or enraged by it, it follows that one must not curse people who can hear the curse and who will feel shamed by it. Furthermore, as is the Torah’s custom, the example for legislation selected is always something near at hand, i.e. people feel free to curse the deaf and to trip up the blind as they are not afraid of being identified and being called to account for this. This is why the Torah had to add:ויראת מאלוקיך, “you shall fear your G’d,” i.e. He will see and punish what people do not see or do not hear. Cursing rulers, something which usually takes place in the privacy of one’s home where one is not overheard is in addition something pernicious, as it is usually motivated by one’s personal pique against such a ruler, while one forgets that the exercise by this ruler of his appointed functions is what prevents our society from degenerating into anarchy. This is why the Torah felt the need to spell out an additional prohibition against cursing dignitaries, although the law could have been derived logically from our verse alone.

לא תקלל חרש, “do not curse the deaf.” The reason the Torah used the example of the deaf person in this verse was to teach you to apply logic. If the Torah forbids you to curse the deaf person who does not hear it and therefore does not feel angry or saddened by such treatment of him on your part, how much more so must we not curse someone whose faculties of hearing are not impaired. All of these directives are designed to improve a person’s basic character traits and to ensure that he will not become the victim of bad and addictive habits. The prohibition to curse the deaf is not based on the Torah’s consideration of the victim, rather it is for the protection of the person doing the cursing. The Torah does not want such a person even to mouth curses where these have no visible effect; otherwise, the same person, being already in the habit of uttering curses will do so where they do immediate harm. When one has trained oneself not to curse even the deaf, one will be doubly careful not to curse those who can hear. The example of not cursing the deaf is a precedent applying to any situations of a similar nature. The Torah chooses examples from real life; similarly the Torah exhorts not to put obstacles in the path of the blind because they are not able to identify of who tried to cause them harm. Unfortunately, people who do have the habit of taking advantage of the helpless tend to be guilty of such examples as mentioned by the Torah. The words: “you shall fear the Lord,” after the warning not to place obstacles in the path of those who cannot see is a reminder that G’d can see what you do. The use of the expression ויראת מאלו-היך occurs usually when the matter is left to your heart, i.e. there is no police restraining your behaviour. Similar comments were made by Solomon in Proverbs 24,12: “if you say: ‘we did not know anything about this,’ surely He who looks into the hearts will understand (the truth), the One who preserves your life will know; will He not repay everyone according to his deeds?” This is also the reminder of our sages in Avot 2,1: “know what is above you, a seeing eye, an ear that listens, and all your deeds are being recorded in a book.”

The verse says: “[Do not curse] among your people.” [We deduce that it includes everyone] because the verse should simply have said, “Do not curse a leader.” Why say “among your people”? Therefore it comes to include anyone among your people. And that which the Rabbis expound [that the prohibition of not cursing anyone only applies if] the person who acts in accordance with the behavior of your people [i.e. observing the commandments], is only based on the juxtaposition [of the two terms], for the verse juxtaposes the commandment regarding “a leader” to the commandment regarding “your people.”

ולפני עור לא תתן מכשל THOU SHALT NOT PUT A STUMBLING BLOCK BEFORE THE BLIND — This implies: "Give not a person who is "blind" in a matter an advice which is improper for him. Do not say to him: "Sell your field and buy from the proceeds of the sale an ass", the fact being that you are endeavouring to circumvent him and to take it (the field) from him (Sifra, Kedoshim, Section 2 14).

לפני עור לא תתן מכשול, indirect damages, for who knows if the blind will trip over the obstacle? The one causing even indirect damage is held responsible by the Torah. [this is presumably in the realm of heavenly judgment, seeing that the Talmud feels that people, as opposed to animals, who have eyes in their head, should watch out for obstacles in their path. Ed.]

Excluding the dead. Because if not for this exclusion, I would think that the dead are also included since later (20:9) it is written “Any man that curses his father or his mother” [which is expounded] to include after death. Therefore this exclusion is needed.

ויראת מאלהיך BUT THOU SHALT BE AFRAID OF THY GOD — Because in this case it is not given to human beings to know whether the intention of this man (the offender) was for the advantage or the disadvantage of the person whom he advised, and he thus might be able to evade the responsibility by saying: "I meant it for the best", Scripture therefore states with reference to him: "But thou shall be afraid of thy God" Who is cognizant of thy secret thoughts. Similarly in all actions where it is given only to the heart of him who does it to know the motive that prompts him and where other people have no insight into it, Scripture states, "But be afraid of thy God!" (Sifra, Kedoshim, Section 2 14; Bava Metzia 58b).

Advice which is unsuitable for him. You might ask, how does Rashi know this? Perhaps the explanation of the verse is according to it its plain meaning? The answer is that Rashi himself answers [this by saying], “’You shall fear your God,’ since this matter is not given over to people, etc.” If you said that “before a blind person” is explained according to its simple meaning, this then is a matter that can be detected by others that this person’s intent is evil, because he put an obstacle by the blind person’s feet. The phrase “you shall fear your God” is inapplicable in a matter that can be detected by others. Therefore, the explanation is certainly not according to its plain meaning. [However], you might ask [on this answer] that when the verse says “you shall fear your God,” it is speaking of a case where no one sees [the person putting the stumbling block before the blind person]. Therefore, it seems that we learn this from “whoever misleads the blind about the way” (Devarim 27:18) in parshas Ki Savo, and there itself from where do we know [that it speaking about bad advice?] See there, where I explained it. (R. Yaakov Taryosh)

[While] you maneuver against him. [עוקף is] similar toאל תבא עליו בעקיפין , “you must not approach him deviously” in parshas Behar (Rashi later, 25:50), and it is an expression of deviousness as Rashi explains in Bava Kama (113a), “With devious schemes.” It is similar to עוקב, as in the expression ויעקבני זה פעמים, “He has deceived me twice” (Bereishis 27:36), because פ"א interchanges with ב'as Rashi himself explains this below (verse 16).