Comentário sobre Deuteronômio 27:26

אשר לא יקים [CURSED BE] HE THAT DOES NOT UPHOLD [ALL THE WORDS OF THIS LAW TO DO] — Here (in these words) he included the entire Torah under a curse and they took it upon them pledging themselves by an execration and an oath.

CURSED BE HE THAT CONFIRMETH NOT THE WORDS OF THIS LAW. “Here [in these words] he included the entire Torah and they took it upon themselves with an imprecation and an oath [to observe all the commandments thereof].” This is Rashi’s language. In my opinion this “acceptance” requires that one avow the commandments in his heart and consider them as the truth, believe that he who observes them will be requited with the best of rewards and he who transgresses them will be punished, and if someone denies any of them, or considers it annulled forever he will be cursed. However, if one transgressed any commandment, such as eating swine or some abominable thing because of his desire, or he did not make a Booth or take the palm-branch [on the Festival of Tabernacles] because of laziness, he is not included within this ban, for Scripture did not say “who does not perform the words of this Law” but it states that ‘confirmeth’ not the words of this Law to do them, similar to the expression the Jews ordained, and took upon them [and upon their seed … so as it should not fail, that they would keep these two days — of Purim — according to the writing thereof].⁷³Esther 9:27. Thus the verse [before us] is the ban on those who rebel [against the authority of the Torah] and who deny [its validity].
Now, I have seen the following text in Yerushalmi Sotah:⁷⁴Yerushalmi Sotah VII, 4. “Asher lo yakim [literally: ‘that does not stand up’ — the words of this Law]. But is there ‘a falling Law?’ Rabbi Shimon ben Yakim says, This refers to the officer [of the Synagogue, as explained further on]. Rabbi Shimon ben Chalafta says, This is the court on earth, because Rav⁷⁵The title “Rav” (Rabbi) indicates that that particular Sage lived in Babylon, where there was no ordination of the traditional nature. “Rabbi” indicates that the Sage lived in the Land of Israel where such ordination was conferred. On “ordination” see Vol. II, p. 339, Note 20. Yehudah and Rav Hunah in the name of Shmuel said: Due to this verse [asher lo yakim (that confirmeth not)] King Josiah rent his clothes,⁷⁶II Kings 22:11. The event is narrated that Josiah was brought back to the true faith by the discovery of a copy of the Torah found in the Sanctuary, which escaped the attempts of his predecessors to eradicate the true faith from their kingdom. And it came to pass, when the king had heard the words of the Book of the Law, that he rent his clothes (ibid). The question now arises as to which particular verse affected the king to rend his clothes? Rav Hunah in the name of Shmuel said that it was the verse before us, asher lo yakim — ‘that confirmeth not’ the words of this Law, and since he was king, he felt it his responsibility to re-institute the authority of the Law. saying, ‘The duty is upon me to stand up [the Law].’ Rabbi Asi in the name of Rabbi Tanchum the son of Chiya said, [Even if a person] learned and taught [Torah], observed and fulfilled [its commandments], but had the means to enable [others to study the Torah] and did not do so — he is included within the curse” [mentioned in the verse before us]. Thus the Rabbis [in the above Yerushalmi] interpretated this “standing up” [of the Torah] as referring to the royal house and that of the Nasi [the Prince of the Sanhedrin] who have the power to uphold [the authority of] the Torah over those who annul it. And even if he was a perfectly righteous man in his own deeds, but he could have strengthened the Torah against the power of the wicked ones who annul it [but failed to do so], he is accursed. This is close to the subject that we have explained.
And by way of a homily the Rabbis [in the above Yerushalmi] said: “This refers to the sexton of the Synagogue who does not stand up the Scroll of the Law to set it up properly so that it should not fall.”⁷⁷This obviously refers to the custom of reading from the Torah with the Scroll of the Law in an erect position. This is the custom still followed in Sephardic Synagogues. In Ashkenazic Synagogues the reading from the Torah is done while the sacred Scroll of the Law lies flat on the Reading table. It appears to me that it [the Yerushalmi] refers to the sexton who does not stand up the Scroll of the Law before the public to show the face of its writing to all people as it is explained in Tractate Sofrim⁷⁸“Scribes.” Laws of writing and reading the Torah are found in this tractate. The text referred to is found in 14:14. that “they lift the Torah high and show the face of its writing to the people who stand there to the right and left thereof and turns it frontwise and backwards, for it is incumbent upon all men and women to see the written words and bend the knee and say And this is the Law which Moses set before the children of Israel,”⁷⁹Above, 4:44. and such is the custom.

אשר לא יקים את דברי התורה הזאת לעשות אותם, who neither observes nor admits that they are all worth observing. but, who in his arrogance, considers some commandment or commandment of the Torah not worth his while observing. In the Talmud such a person is considered a “heretic because he rejects a single one of G’d’s commandments.”

ארור אשר לא יקים את דברי התורה הזאת, "Accursed is one who does not uphold the words of this Torah, etc." This verse includes both what is spelled out, i.e. the person who fails to observe the commandments mentioned in this paragraph and to thereby undermine the character-building effects of Torah observance, as well as all the other commandments not listed in this paragraph. Our sages in Sotah 37 concentrate on the wording here, i.e. אשר לא יקים…לעשות. Why was it not sufficient for the Torah merely to write לעשות, "to do?" They say that if the Torah had only written the words לא יקים or לעשות, no Israelite would have been able to face G'd. After all, if one does not own a field, for instance, how can one fulfil all the commandments that a farmer has to fulfil? Or, if a person did not own a slave, how could he be expected to treat the slave in accordance with the duties that the Torah imposes on the owner of such a slave? This is why the Torah adds the words לעשות in addition to writing the word להקים, "to uphold," to tell us that unless one has the opportunity to uphold, i.e. to fulfil the commandments of the Torah, one is not subject to the curse pronounced by the Torah through the Levites in this paragraph. It is our duty to make up our minds that we will carry out the commandments when the opportunity arises to do so.

ארור אשר לא יקים, this is a blanket curse applying to all sins committed in private, the sinner making sure he is not observed.

אשר לא יקים את דברי התורה הזאת, “who will not uphold the words of this Torah;” Rashi understands the verse as Moses demanding from the people that they accept the entire Torah by calling down a curse upon themselves if they were to deliberately commit violations of it. Nachmanides writes that in his view the word קבלו “they accepted”, in Rashi, means that they mentally accepted, i.e. believed in the authenticity of all the Torah’s commandments as relayed to them by Moses. This includes the belief that people observing the laws of the Torah would, in due course, receive a reward from the Lawgiver, whereas those flouting the commandments deliberately, would receive their punishment from G’d. If a Jew disbelieved even a single one of these commandments, -even the ones one does not have a single opportunity in one’s life to be called upon to perform, such as the levirate marriage if one did not have a brother- he is still subject to the curse called down upon the sinners in this verse. However, if one transgressed one of the commandments, even knowingly, but because one’s evil urge was too strong, not because of a matter of principle, one is not subject to the curse pronounced here. In the Jerusalem Talmud Sotah 7,4 the verse is understood as being addressed primarily to the kings and the authorities within whose power it is to see to it that the common people, at least in public, live according to the laws of the Torah. This is derived from the word יקים in the causative mode, hiphil, as opposed to the active mode kal that would have been יקום, and would refer to oneself, intransitively. Anyone who is capable of promoting Torah observance by others and fails to use his talents in this direction is included in the curse pronounced in our verse. The Jerusalem Talmud also understands the verse as addressed to the reader of the Torah in public, who is called upon to show the scroll he has read from to the public at the end of the reading, and to invite the congregation to rise and give honour to the Torah. (Sofrim 14,14) The congregation is to respond with the line (Deut. 4,44) וזאת התורה אשר שם משה לפני בני ישראל (על פי ה' ביד משה).

ארור אשר לא יקים את דברי התורה הזאת, “cursed he who will not uphold the words of this Torah.” This includes all the commandments in the Torah. The meaning of the verse is: “a person must acknowledge all the commandments of the Torah as true and emanating from G’d; he may not exclude a single one of them from his acceptance as such by denying that it is of value to body and soul. He must not view a single commandment as superfluous and meaningless.” This is the meaning of אשר לא יקים לעשות אותם. He must be convinced in his heart that all the commandments are worthwhile observing seeing they are all full of meaning to people engaged in studying them.
A more literal meaning of the words לא יקים is cited by the Jerusalem Talmud Sotah 7, which claims it refers to a reader of the Torah who fails to raise the Torah scroll with the text visible to the entire congregation.

אשר לא יקים, “who does not accept;” this expression is used in the same sense in Deut. 29,12: למען הקים אותך היום לעם, “in order to accept you this day as a nation.”