Halakhah do Wyjścia 23:13

That it is inappropriate to count commands that include the whole Torah.

Behold that there are commands and warnings that appear in the Torah that are not about a specific thing, but rather include all of the commandments. It is as if it says, "Do everything I have commanded you to do and be careful about anything from which I have prohibited you"; or "Do not transgress anything of what I have commanded you about." And there is no room to count this command on its own - as it does not command us to do a specific act, such that it should be a positive commandment; nor does it warn us from doing a specific act, such that it should be a negative commandment. And this is like its saying, "Be on guard concerning all that I have told you" (Exodus 23:13); and what is stated, "And you shall keep my statutes" (Leviticus 19:19); "And you shall keep my judgements" (Leviticus 18:4); "and you shall keep My covenant" (Exodus 19:5); "And you shall keep My charge" (Leviticus 18:30), and many like these. And [others] have already erred in this principle, such that they counted, "You shall be holy" (Leviticus 19:2), to be included among the positive commandments. And they did not know that "You shall be holy," and "you shall sanctify yourselves and be holy" (Leviticus 11:44) are commands to keep the whole Torah. It is as if it said, "Be holy by doing everything I have commanded you and being careful about anything I have prohibited to you." And the words of the Sifra (Sifra, Kedoshim, Section 1:1) are, "'You shall be holy' - you shall be separated - meaning to say, separate from all the disgraceful things that I have prohibited to you." And in the Mekhilta (Mekhilta d'Rabbi Yishmael 22:30:1), "Issi ben Yehudah says, 'When the Holy One, Blessed be He, originates a commandment for Israel, He adds holiness to them'" - meaning to say this command is not a command in itself, but rather follows from the commands that they have been commanded. So one who fulfills this command will be called, holy. And there is no difference between it saying, "You shall be holy," or if it had said, "Do my commandments." Would you see that that which is being said [here] is a positive commandment, in addition to the commandments that it is referring back to, that we have been commanded? Likewise should we not say that "You shall be holy," and that which is similar to it, is a commandment - for it has not commanded us to do anything besides what we [already] know. And the words of the Sifrei (Sifrei Bamidbar 115:1): "'You shall be holy' - that is the holiness of the commandments.' Hence behold what we have been working around is clear. And also based on this principle is its saying, "Cut away the thickening about your hearts" (Deuteronomy 10:16) - meaning to say, that one accept and obey all of the commandments already mentioned. And so too, "and stiffen your necks no more" (Deuteronomy 10:16) - meaning to say, do not harden your heart and accept that which I commanded you, and do not transgress it.

That He prohibited us from prophesying in its name. And that is that one say, "God commanded us to worship it," or that it, itself commanded to worship it and set up a reward and warned about a punishment - as the prophets of Baal and the prophets of Asherah thought. And no specific clear prohibition appears in Scripture for this - meaning not to prophesy in its name. However Scripture does explain the punishment and the law of the death penalty for one who prophesies in its name. And that is His, may He be exalted, saying, "or who speaks in the name of other gods, that prophet shall die" (Deuteronomy 18:20). And this death penalty is with strangulation, according to what was made a principle with us - any undifferentiated death penalty stated in the Torah is nothing other than strangulation. And you already know the principle that I explained in Principle 14 of the principles that preceded this essay: And that is their saying, "It does not punish unless it prohibits." And [this commandment's] prohibition is His statement, "and make no mention of the name of other gods" (Exodus 23:13). And it is not impossible for one negative commandment to prohibit several things - and its status will not be that of a general negative commandment, when each and every punishment is explained [by itself]. And behold I will bring you examples of this in their place. And the laws of this commandment have already been explained in the eleventh [chapter] of Sanhedrin. (See Parashat Shoftim; Mishneh Torah, Foreign Worship and Customs of the Nations 5.)

To not swear by idolatry: That we not swear by idolatry - and even to its worshipers - and that we not make a gentile swear by it, as it is stated (Exodus 23:13), "and you shall not mention the name of other gods." And we have understand that included in this mentioning is whether one swears or causes to swear. And there are some that explain that the main negative commandment [here] is only coming about one who does business with a gentile on his holiday and makes him profit, as he goes and thanks [his god], and [so] he transgresses "you shall not mention"; meaning that others should not mention it in the forbidden manner, which is with intention to serve them. As this is forbidden also to [gentiles] by Torah writ, since the Children of Noach are prohibited in idolatry. And they, may their memory be blessed, added a distancing and said (Sanhedrin 63b) that a man should not say to his fellow, "Wait for me by the side of idolatry x."

The Arrangement of Buying and Selling (ie. How One Should Conduct Themselves in Business). Containing 1 Se'if:
Afterwards he should go to his work because any Torah that does not have work with it will end up becoming null and will cause sin because the poverty will remove from him knowledge of his Creator. Nevertheless, he should not make his work primary, but rather temporary, and his Torah permanent; and [through this] both will be sustained. He should do business honestly and be careful not to mention the name of Heaven in vain, because in every place where the mention of God's name [in vain] is found, death is found. And he should be careful not to take an oath, even in truth, because 1,000 cities belonged to King Yannai and all of them were destroyed because they took oaths, even though they kept them. And he should be careful from partnering with the gentiles, for perhaps [the gentile] will be obligated to take an oath and [the Jew] will violate [the transgression of] "[The names of other gods] should not be heard on your lips." Rem"a: And some are lenient with partnering with gentiles these days because the gentiles nowadays do not take an oath by idols. And even though they mention their foreign god, nevertheless their intention is to the Creator of heaven and earth, except that they associate the name of Heaven with other forces. And we do not find that there is in this [a violation by the Jew of] "Before a blind person you shall not place a stumbling block," because the gentiles are not warned regarding partnership [of God with other forces]. (Ra"n - the end of the first chapter of Avodah Zarah; Rabbeinu Yerucham - netiv 17, chelek 5; Tosafot - beginning of the first chapter of Bechorot). And to do business with them without partnering, all agree is permitted, except on the day of their festivals. (Hagahot Maimoni - first chapter of the Laws of Idol Worship). And see Yoreh Deah on the Laws of Idol Worship chapter 147.)

To not prophesy in the name of idolatry: To not prophesy in the name of idolatry - for example, he says that idolatry x commanded to worship it, and promises a reward for its worshipers and affrights the one who does not serve it with a punishment; as the prophets of Baal and Asherah would say, and like is mentioned in the books of the Prophets. And likewise included in this is if he says that God commanded to worship idolatry x. And the Scripture does not come about this with a specific clear warning, however the punishment of the one who prophesies in the name of idolatry is clear in the Scriptures - that he is liable for death, as it is stated about this (Deuteronomy 18:20), "and the one who speaks in the name of other gods, that prophet shall die." And this death is strangulation, as we wrote adjacently. And we have already known the principle that they, may their memory be blessed, taught us, "He does not punish unless He warned." And hence we shall say that the warning of this matter was included in "and the name of other gods shall you not mention" (Exodus 23:13), that we wrote in Parshat Mishpatim as a negative commandment of it own about another matter (Sefer HaChinukh 86). And it is not impossible for one negative commandment to prevent several things - and its law is not like the law of a general negative commandment, since the punishment of each and every matter is elucidated. This is the opinion of Rambam, may his memory be blessed (in the Sefer HaMitzvot LaRambam, Shoresh 14 at the end).