Powtórzonego Prawa 28:59 Halacha: Shulchan Arukh, Choshen Mishpat, Kitzur Shulchan Arukh & Sefer HaChinukh

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.

The curses contained in parshas Bechukosai,⁷Leviticus 26: 14–43. and in parshas Ki Savo⁸Deuteronomy 28: 15–68. should be read without interruption.⁹Maseches Megillah 31. Interrupting would make it appear as though we do not wish to accept Divine admonition. (Meleches Shelomoh—Midrash Rabbah.) [Also see Shoeil Umeishiv (5 Resp. 9) and Elef Lecha Shelomo Resp. 63—Sofrim (12).] Shulchan Aruch rules that not interrupting the curses contained in Ki Savo is a custom, but not interrupting in Bechukosai is a Halachah. The reading of these curses must be preceded by one verse of the preceding chapter.¹⁰See Kitzur Shulchan Aruch Chapter 23 for details. But in order not to begin the parshah with less than three verses, the reading must begin with the three verses preceding the curses. At the conclusion also, we must read at least one verse after the curses, but care should be taken not to end at less than three verses from the beginning of a parshah. In parshas Ki Sisa, we read for the Levi, the whole chapter of the golden calf until the words Umeshareso Yehoshua¹¹Exodus 33: 11. [and his servant Yehoshua]. And the reason is because the Levites did not participate in making the golden calf.¹²Maseches Yoma 66a. It is customary to read in a low voice [the portion beginning with] Vayittein el Moshe kechaloso [and He gave Moses as He had finished]¹³Exodus 31: 18. until Vayechal Moshe [and Moses beseeched].¹⁴See Exodus 32: 11 Rashi (Maseches Megillah 31b). The verse beginning with Vayechal is read in a loud voice until Vayifen vayeired Moshe, [And Moses turned and descended]. And the verse beginning with Vayifen is read in a low voice until uMoshe yikach es ha'ohel, [And Moses took the tent].¹⁵Exodus 33: 7. The reading is then resumed in a loud voice until the end of the parshah. And also the curses in parshas Bechukosai and parshas Ki Savo should be read in a low voice. However, the verse, Vezacharti es brisi Yaakov [And I will remember the covenant with Jacob]¹⁶Leviticus 26: 42. is read in a loud voice. The following verse, Veha'aretz tei'azeiv [And the land will be forsaken] is read in a low voice. From the verse: Ve'af gam zos [and with all this]¹⁷Leviticus 26: 44. [the reading is resumed] in a loud voice until the end. And in parshas Ki Savo, [the verse] Leyira es Hashem hanichbad [to fear the honored Name]¹⁸Deuteronomy 28: 59. until the end of the verse should be read in a loud voice and thereafter in a low voice until Ve'ein koneh [and there is no one to buy].¹⁹Deuteronomy 28: 68. Also in parshas Beha'alosecha it is customary to read in a low voice from Vayehi ha'am kemisonenim [and the people were as murmurers]²⁰Numbers 11: 1. until Vehaman kizra gad [and the manna was like the coriander seed]²¹Numbers 11: 7. and the reason is to show that they were regretful. Whatever is read in a low voice should be read at least [loud enough] for the congregation to hear the voice, otherwise they have not fulfilled their duty of reading [the Torah]. [In the reading of] the forty-two journeys in parshas Masei no interruption should be made,²²Magein Avraham 428: 8—Tzeror Hamor. We also do not interrupt during the last eight verses in the Torah [Maseches Menachos 30, Shulchan Aruch 428: 7], nor in the Ten Commandments in Yisro and in Va’eschanon, nor during Az Yashir [Avudraham]. for they represent the [Divine] Name of forty-two [Letters].²³One of the holy Names of Hashem.

And nonetheless the maidservant is liable for lashes, as we cannot say about her that she is light in her [own] eyes — and that because of that, she did not guard herself from licentiousness. But still, she also is not liable for lashes unless she has intercourse in the regular fashion, is an adult and volitional. And about her is it said, “there shall be an investigation (bikoret tehiyeh)” — as our Rabbis, may their memory be blessed, expounded (Keritot 22a), “bikrei tehi (she shall be with verses),” meaning to say with lashes. And they, may their memory be blessed, said (Keritot 22a), “She is lashed, and not he.” And because of this did the Scripture express the lashes with this language of “reading” — since they would read verses of rebuke over the one lashed while they were still lashing him, so that he understand and take instruction. And [these verses] are “And the Lord will make wondrous, etc.” (Deuteronomy 28:59).