Rambam - 3 Chapters a Day

There are a total of 21 negative commandments that are punishable by kerait, but which are not punishable by execution by the court, for which lashes are administered. They are:

i) a person who has relations with his sister;

ii) ...with his father's sister;

iii) ...with his mother's sister;

iv) ...with the sister of his wife;

v) ...with his brother's wife;

vi) ...with the wife of the brother of his father;

vii) ...with a woman in the niddah state;

viii) a person who eats forbidden fat;

ix) ...blood;

x) ...leaven on Passover;

xi) ...on Yom Kippur;

xii) a person who performs forbidden labor on Yom Kippur;

xii) a person who partakes of sacrificial meat after the designated time;

xiv) ...of sacrificial meat disqualified as piggul;

xv) ...of sacrificial meat while ritually impure;

xvi) a person who enters the Temple Courtyard while ritually impure;

xvii) a person who slaughters a consecrated animal outside the Temple;

xviii) a person who burns a consecrated animal as a sacrifice outside the Temple;

xix) a person who prepares the anointing oil for personal use;

xx) a person who anoints himself with the anointing oil for his own benefit

xxi) a person who prepares the incense offering for his personal use;

There are a total of 18 negative commandments that are punishable by death by the hand of heaven, whose transgression involve a deed, for which lashes are administered. They are:

i) a person other than a priest who partakes of primary terumah whether it was ritually pure or ritually impure;

ii) a person other than a priest who partakes of terumat ma'aser;

iii) a person other than a priest who partakes of the first fruits after they entered Jerusalem;

iv) a person other than a priest who partakes of challah;

v) a person who partakes of tevel before the primary terumah and terumat ma'aser were separated from it;

vi) a person who partakes of the product of dough from which challah was not separated;

vii) a priest who partakes of terumah that was ritually pure while he was in a state of ritual impurity;

viii) a priest who entered the Holy of Holies for a purpose other than sacrificial worship;

ix) a priest who departed from the Temple in the midst of the sacrificial worship;

x) a Levite who performed the service of the priests;

xi) a person other than a priest who performs service in the Temple;

xii) a person who does not wear all the priestly garments; he is considered as if he is not a priest and receives lashes if he serves in the Temple;

xiii) a priest who serves in the Temple while in a state of ritual impurity;

xiv) a person who was intoxicated from wine who served in the Temple;

xv) a person who immersed himself to emerge from a state of ritual impurity but must still wait until the end of the day to attain a state of purity who served in the Temple;

xvi) a priest who served in the Temple although he did not yet bring the required sacrifices to attain atonement;

xvii) a person who let his hair grow long who served in the Temple;

xviii) a person whose clothes are ripped who served in the Temple;

When, however, a person serves in the Temple without sanctifying his hands and feet, although he is worthy of death, he does not receive lashes, because he has violated only a positive commandment. Similarly, the following three - a prophet who withheld his prophecy or transgressed his own prophecy and a person who violated the words of a prophet - although they all are worthy of death - they do not receive lashes. For their transgression stems from a positive commandment, as Deuteronomy 18:15 states: "And you shall listen to him." In all contexts, a prohibition that stems from a positive commandment has the status of a positive commandment and lashes are not administered because of it.

There are a total of 168 negative commandments that are neither punishable by kerait, nor by execution by the court, for which lashes are administered. They are:

i) a person who fashions an idol;

ii) a person who makes an image for artistic purposes;

iii) a person who turns to idolatry with any deed;

iv) a person who erects a monument;

v) a person who plants a tree in the Temple;

vi) a person who places down an engraved stone on which to prostrate oneself;

vii) a person who takes a vow in the name of a false divinity;

viii) a person who takes an oath in the name of a false divinitiy;

ix) a person who derives benefit from a false divinity;

x) a person who rebuilds a city destroyed because it was swayed to idolatry;

xi) a person who benefits from the property of such a city;

xii) a person who follows the statutes of the gentiles;

xiii) a diviner;

xiv) an augurer;

xv) a reader of omens;

xvi) a person who casts spells;

xvii) a necromancer;

xviii) a person who erases God's name, or the like, e.g., he destroys a stone from the altar or destroys wood consecrated to the Sanctuary;

xix) a person who extinguishes fire from the altar;

xx) a person who ascends the altar with steps;

xxi) a person who enters the Temple Courtyard with impure garments;

xxii) a zav and the like who enters the Temple Mount;

xxiii) a person who removes the staves of the ark;

xxiv) a person who removes the High Priest's breastplate from his ephod;

xxv) a person who tears the collar of the High Priest's cloak;

xxvi) a person who offers anything else than the commanded offerings on the golden altar;

xxvii) a priest who enters the Sanctuary while not in the midst of sacrificial worship;

xxviii) a priest with a physical deformity who enters the Sanctuary;

xxix) a priest who enters the Sanctuary while intoxicated;

xxx) a priest with a physical deformity who performs sacrificial worship;

xxxi) an uncircumcised priest who performs sacrificial worship;

xxxii) a priest who performs the tasks of the Levites;

xxxiii) a priest who enters the Sanctuary with uncut hair;

xxxiv) a priest who enters the Sanctuary with torn clothes;

xxxv) a person who consecrates an animal with a physical deformity;

xxxvi) a person who slaughters such an animal as an offering;

xxxvii) a person who sprinkles the blood of such animals on the altar;

xxxviii) a person who burns the fats of such animals on the altar;

xxxix) a person who offers an animal with a physical deformity on behalf of gentile;

xl) a person who produces a blemish in a consecrated animal at the time the Temple is standing;

xli) a person who performs labor with consecrated animals;

xlii) a person who shears consecrated animals

xliii) a person who makes a fire-offering of yeast or honey;

xliv) a person who allows the remainder of the meal-offerings to leaven;

xlv) a person who offers a sacrifice without salt;

xlvi) a person who offers a present given to a prostitute or an animal given in exchange for a dog;

xlvii) a person who adds oil to the meal-offering of a sinner;

xlviii) a person who adds frankincense to such an offering;

xlix) a person who adds oil to the meal-offering of a sotah;

l) a person who adds frankincense to such an offering;

li) a person who separates the head of a bird brought as a sin offering from its trunk;

lii) a person who transfers the holiness of one animal to another;

liii) a person who partakes of sacrificial meat after it became ritually impure;

liv) a person who partakes of sacrifices that have been disqualified;

lv) a priest who partakes of the meat of sacrifices of the most sacred order outside the Temple courtyard;

lvi) a non-priest who partakes of the meat of sacrifices of the most sacred order after their blood has been sprinkled on the altar;

lvii) a non-priest who partakes of the meat of a firstborn animal;

lviii) a daughter of a priest who married a non-priest who partakes of the breast and the foreleg given to the priests; this applies even after the death of her husband;

lix) a chalalah who partakes of terumah;

lx) a person who partakes of sacrifices of lesser sanctity outside of Jerusalem;

lxi) a person who partakes of sacrifices of lesser sanctity before their blood is sprinkled on the altar

lxii) a person who partakes of an unblemished firstborn animal outside of Jerusalem;

lxiii) a person who partakes of the second tithe after it had entered Jerusalem once it had been taken outside Jerusalem again;

lxiv) a priest who partakes of the first fruits after they entered Jerusalem, but before they were placed down in the Temple Courtyard;

lxv) a priest who partakes of the first fruits after they were placed down in the Temple Courtyard and were then taken outside Jerusalem again;

lxvi) a person who partakes of ma'aser sheni in Jerusalem after it became impure, before it was redeemed;

lxvii) a person who is ritually impure who partakes of ma'aser sheni which was pure in Jerusalem;

lxviii) a person who partakes of ma'aser sheni - and similarly, any other consecrated food - while in a state of acute mourning;

lxix) an uncircumcised person who partakes of sacrificial meat or terumot;

lxx) a person who partakes of a meal-offering brought by a priest or any other sacrifice that should be totally consumed by the fire of the altar;

lxxi) a person who partakes of the meat of the sin-offerings that are burned and any other sacrifices that must be burnt;

lxxii) a person who slaughters the Paschal sacrifice while he possesses chametz;

lxxiii) a person who breaks a bone from the Paschal sacrifice; this applies with regard to the first sacrifice or the second sacrifice;

lxxiv) a person who removes meat from the Paschal sacrifice outside the company of people partaking of it;

lxxv) a person who partakes of meat from the Paschal sacrifice outside of that company;

lxxvi) a person who partakes of meat from the Paschal sacrifice partially roasted or cooked;

lxxvii) a person who purposely derives benefit from consecrated property;

lxxviii) a person who partakes of tevel from which the tithes, even the tithe for the poor, has not been separated, even though the terumot have been separated;

lxxix) a person who partakes of the meat of an animal that was condemned to be stoned to death, even if the condemned animal was slaughtered correctly;

lxxx) a person who eats meat from a non-kosher animal;

lxxxi) ... a non-kosher fowl;

lxxxii) ... a non-kosher fish;

lxxxiii) a person who partakes of a flying teeming animal;

lxxxiv) ... an earthbound teeming animal;

lxxxv) ... an aquatic teeming animal;

lxxxvi) ... an animal that crawls on the earth even though it does not reproduce;

lxxxvii) ... worms from fruit after they emerged from the fruit;

lxxxviii) a person who eats carrion;

lxxxix) ... an animal that was critically injured;

xc) ... a limb from a living animal;

xci) ... the sciatic nerve;

xcii) ... meat cooked with milk;

xciii) a person who cooks meat with milk;

xciv) a person who partakes of fresh grain before the bringing of the omer;

xcv) a person who partakes of orlah;

xcvi) a person who partakes of kilai hakerem;

xcvii) a person who partakes of chametz in a mixture on Pesach;

xcviii) ...after midday on the fourteenth of Nissan;

xcix) a person who maintains possession of chametz on Pesach, e.g., he causes his dough to leaven;

c) a person who drinks wine used as a libation for false deities;

ci) a nazarite who partakes of the products of the vine;

cii) ... cuts his hair,

ciii) ...who contracts impurity imparted by a corpse;

civ) a person who shaves the hair next to a blemish of tzara'at;

cv) a person who cuts off signs of tzara'at or removes them with fire;

cvi) a person who tills a wadi where the neck of a calf was broken to atone for an unsolved murder;

cvii) a person who sows in Eretz Yisrael in the Sabbatical year;

cviii) a person who trims a tree in the Sabbatical year;

cix) a person who reaps freely growing produce in the Sabbatical year without deviating from his ordinary pattern;

cx) a person who harvests fruit in the Sabbatical year without deviating from his ordinary pattern;

cxi) a person who sows in the Jubilee year;

cxii) a person who reaps in the Jubilee year without deviating from his ordinary pattern;

cxiii) a person who harvests fruit in the Jubilee year without deviating from his ordinary pattern;

cxiv) a person who destroys the produce from the corners of his harvest without giving it to a poor person;

cxv) a person who collects the grapes that grow individually in his vineyard and does not give them to a poor person;

cxvi) a person who collects the grain that falls from the reapers and does not give it to a poor person;

cxvii) a person who collects the grapes that grow in underdeveloped clusters in his vineyard and does not give them to a poor person;

cxviii) a person who takes a forgotten sheaf and does not give it to a poor person;

cxix) a person who takes a mother bird together with her young and does not send away the mother bird;

cxx) a person who sows mixed species of seeds together while sowing in Eretz Yisrael;

cxxi) a person who sows mixed species in a vineyard in Eretz Yisrael;

cxxii) a person who grafts mixed species of trees; this prohibition applies in every place;

cxxiii) a person who mates mixed species of animals; this prohibition applies in every place;

cxxiv) a person who leads mixed species of animals; this prohibition applies in every place;

cxxv) a person who muzzles an animal while it is working; this prohibition applies in every place;

cxxvi) a person who slaughters an animal and its offspring on the same day; this prohibition applies in every place;

cxxvii) a person who takes security from a colleague and does not return it to him when he requires it;

cxxviii) a person who takes security from a widow and does not return it to her;

cxxix) a person who takes utensils used in the preparation of food as security;

cxxx) a lying witness who is not penalized financially;

cxxxi) a person who strikes a colleague with a blow that does not require a p'rutah to be paid as compensation;

cxxxii) a wayward and rebellious son after the first testimony was delivered against him;

cxxxiii) a person who spreads a libelous report about his wife who is discovered to have lied;

cxxxiv) a person who curses a colleague using God's name;

cxxxv) a person who takes a false oath

cxxxvi) a person who takes an unnecessary oath

cxxxvii) a person who abrogates his vow;

cxxxiii) a person who goes beyond the Sabbath limits on the Sabbath;

cxxxix) a person who performs a forbidden labor on a festival;

cxl) a person who removes the hair at the corner of his head;

cxli) a person who removes the hair at the corner of his beard;

cxlii) a person who gouges his flesh because of a person's death;

cxliii) a person who shaves his head because of a person's death;

cxliv) a person who tatoos himself;

cxlv) a person who wears shaatnez;

cxlvi) a person who chops down a fruit tree for a destructive purpose;

cxlvii) a man who wears the garments of a woman;

cxlviii) a woman who wears the garments of a man;

cil) a priest who contracts impurity because of contact with a corpse;

cl) a priest who consecrates a woman classified as a zonah and has relations with her;

cli) a priest who consecrates a divorcee and has relations with her;

clii) a priest who consecrates a woman classified as a challalah and has relations with her;

cliii) a High Priest who had relations with a widow even though he did not consecrate her;

cliv) a person who remarries his divorcee after she has been consecrated by another man;

clv) a person who marries a woman who is obligated to perform yibbum;

clvi) a man who has relations with a woman outside the context of marriage;

clvii) a mamzer who marries a native-born Jewess and has relations with her;

clviii) a person with crushed testicles who marries a native-born Jewess and has relations with her;

clix) a person who castrates another man, or a male animal, beast, or fowl;

clx) a rapist who divorces his victim and does not remarry her;

clxi) a person who spreads a libelous report about his wife, divorces her without remarrying her;

clxii) a person who enjoys intimacy with a woman forbidden him even though he did not engage in sexual relations; such a person is suspect of forbidden sexual activity;

clxiii) a person who marries out of the faith;

clxiv) an Ammonite convert who marries a native-born Jewess and had relations with her;

clxv) a Moabite convert who marries a native-born Jewess and had relations with her;

clxvi) a king who takes more wives than allowed by the Torah;

clxvii) a king who acquires more horses than allowed by the Torah;

clxviii) a king who acquires more wealth than necessary;

Thus there are a total of 207 violations which are punishable by lashes. An acronym for them is yilaku zerim The strangers will be lashed.

A court does not inflict punishment on the basis of conclusions which it draws, only on the basis of the testimony of witnesses with clear proof. Even if witnesses saw a person pursuing a colleague, they gave him a warning, but then diverted their attention, punishment is not inflicted on the basis of their testimony. Or to give a graphic example, the pursuer entered into a ruin, following the pursued and the witnesses followed him. They saw the victim slain, in his death throes, and the sword dripping blood in the hand of the killer, since they did not see him strike him, the court does not execute the killer based on this testimony. Concerning this and the like, Exodus 23:7 states: "Do not kill an innocent and righteous person."

Similarly, if two people testified that a person served a false deity in different circumstances, e.g., one saw him serve the sun and warned him, while the other saw him serve the moon and warned him, their testimonies are not combined. This can also be inferred from the verse: "Do not kill an innocent and righteous person." Since there is a rationale on which basis he could be held innocent and righteous, he should not be executed.

Whenever a person violates a prohibition punishable by execution by the court under duress, the court should not execute him. Even in situations where the transgressor was commanded to sacrifice his life and not transgress, if he sinned under duress, although he desecrated God's name, he should not be executed. This is derived from Deuteronomy 22:26: "To the maiden, you should not do anything." This verse is a warning to the court not to punish a person who transgresses under duress.

When a man is compelled to engage in relations with a woman forbidden to him, he is liable for execution by the court. The rationale is that an erection can only come about willingly. When a woman is raped, by contrast, she is absolved. This applies even if, in the midst of the rape, she says: "Allow him to continue." It is her natural inclination that overcame her.

It is forbidden for the court to have compassion for the killer. The judges should not say: "Since this person has already been killed, what advantage is there in killing another person," and thus be lax in executing him. This is implied by Deuteronomy 19:13: "Do not allow your eyes to take pity. You shall eliminate innocent bloodshed."

Similarly, it is forbidden for the court to take pity on a person who was obligated to pay a fine. They should not say: "He is poor. He acted unintentionally." Instead, they should exact the entire payment from him without compassion, as Ibid.:21 states: "You shall not take pity."

Similarly, in questions of monetary law, one should not show mercy to the poor, saying: "He is indigent and the other litigant is wealthy. Since both I and the wealthy man are obligated to provide for the poor person's livelihood, I will vindicate him in judgment and thus he will derive his livelihood with honor." With regard to this, the Torah warned Exodus 23:3: "Do not glorify the indigent in his dispute," and Leviticus 19:15: "Do not show favor to the poor."

It is forbidden to show favor to a person of stature. What is implied? Two people come before one for judgment, one a wise man of stature and one, an ordinary person. One may not ask about the welfare of the person of stature first, nor treat him with favor, nor show him honor, lest this cause the other litigant to become tongue-tied. Instead, the judge should not turn to either of them in a personal manner until the judgment is concluded. This is derived from [Ibid.: "Do not glorify the countenance of a person of stature." Our Sages said: One should not say: "This man is affluent; he is the son of people of stature, how can I embarrass him and witness his humiliation." With regard to this, it is written: "Do not glorify the countenance of a person of stature."

If two people come before a judge one observant and one wicked, he should not say : "Since he is wicked and it can be presumed that he is lying and conversely, it can be assumed that the other litigant does not falsify his statements, I will be biased against the wicked in judgment." With regard to this, Exodus 23:7 states: "Do not be biased in the judgment of the poor person." The intent is even if a person is poor in the observance of mitzvot, do not be biased in his judgment.

Leviticus 19:15: "Do not act perversely in judgment" refers to a person who distorts the judgment and vindicates the litigant who should be held liable and obligates the litigant who should be vindicated. Similarly, a person who delays rendering judgment and extends his deliberations even though the matter is clear-cut in order to aggravate one of the litigants is also considered as one who acts perversely.

A person who is haughty when rendering judgment and hurries to deliver a judgment before he examines the matter in his own mind until it is as clear as the sun to him is considered a fool, wicked, and conceited. Our Sages commanded: "Be patient in judgment." And similarly, Job 29:16 states: "When I did not understand a complaint, I would investigate."

A judge who begins comparing a judgment that is brought before him to a judgment that was already rendered with which he was familiar is considered as wicked and haughty when rendering judgment if there is a scholar in his city who is wiser than him and he fails to consult him. Our Sages comment: "May evil upon evil befall him." For these and similar concepts stem from haughtiness which leads to the perversion of justice.

Proverbs 7:26: "She cast down many corpses" refers to a student who has not reached the level where he can deliver rulings, but does so. Awesome are all she has slain" Ibid. refers to a scholar who has reached the level where he can deliver rulings, but does not do so.

The latter denunciation applies provided his generation requires his services. If, however, he knows that there is another scholar capable of rendering decisions, and therefore he refrains from doing so, he is praiseworthy. Whenever a person refrains from becoming involved in a judgment, he removes the responsibility for antagonism, theft, and false oaths from himself. A person who is haughty in rendering judgment is foolish, wicked, and arrogant.

A student should not give a ruling in the presence of his teacher unless he is three parseot removed from him. This distance is the length of the encampment of the Jews in the desert.

A person should not say: "All of the above applies with regard to a judgment that involves the expropriation of a large sum of money from one person to another." Instead, a judgment involving 1000 maneh and one involving a p'rutah should be regarded as identical with regard to all matters.

Judges should not sit down to adjudicate a case involving less than a p'rutah. If, however, they were required to adjudicate a complaint involving a p'rutah, they render a judgment even if ultimately, the outcome concerns less than a p'rutah.

Anyone who perverts a judgment against another Jew transgresses a negative commandment, as Leviticus 19:15 states: "Do not act perversely in judgment." If the litigant was a convert, he transgresses two negative commandments, as Deuteronomy 24:17 states: "Do not distort the judgment of a convert." If he was an orphan, the transgressor violates three negative commandments as that verse continues: "...the judgment of an orphaned convert."

It is a positive commandment for a judge to adjudicate righteously, as Leviticus 19:15 states: "Judge your colleagues with righteousness."

What is meant by a righteous judgment? Equating the litigants with regard to all matters. One should not be allowed to speak to the full extent he feels necessary while the other is told to speak concisely. One should not treat one favorably and speak gently to him and treat the other harshly and speak sternly to him.

When there are two litigants, one wearing precious garments and the other degrading garments, we tell the litigant who carries himself honorably: "Either clothe him as you are clothed for the duration of your judgment or dress like him, so that you will be equal. Afterwards, stand judgment."

One of the litigants should not be allowed to sit, while the other stands. Instead, they both should stand. If the court desires to seat both of them, they may. One should not be seated on a higher plane than the other. Instead, they should sit on the same level.

When does this apply? During the give and take of the arguments. When, however, the judgment is being delivered, both litigants must stand, as Exodus 18:13 states: "And the people stood before Moses."

What is meant by the delivery of the judgment? The announcement: "So and so, you are vindicated? So and so, you are liable."

When does the above apply? To the litigants. The witnesses, by contrast, must always stand, as Deuteronomy 19:17 states: "And the two men shall stand."

When a Torah scholar and a common person come to adjudicate a dispute, the Torah scholar is seated. And the common person is instructed to sit. If, however, he does not sit, it is of no consequence.

A student who wishes to have a dispute adjudicated should not come early and sit before his teacher if he desires to have him adjudicate the case. If, however, each one of the judge's students had a fixed time to read before the judge and one of them came to read at the time of his judgment, it is permitted for the judge to hear the case.

It has already become customary in all the courts throughout Israel after the era of Talmud, in all the yeshivot, to have the litigants and the witnesses sit so that there will be no controversy. For we do not have the power to establish the judgments of our faith in a firm manner.

If there were many litigants before the judges, precedence should be given to a case involving an orphan to one involving a widow, as implied by Isaiah 1:17: "Judge an orphan, enter in a dispute on behalf of a widow." A case involving a widow receives precedence over a case involving a Torah scholar. A case involving a Torah scholar takes precedence over a case involving a common person. And a case involving a woman takes precedence over one involving a man, because the shame felt by a woman is greater.

It is forbidden for a judge to hear the words of one of the litigants before the other comes or outside the other's presence. Even hearing one word is forbidden, as implied by Deuteronomy 1:16: "Listen among your brethren." A judge who listens to only one litigant violates a negative commandment, as Exodus 23:1 states: "Do not bear a false report." Included in this prohibition is a warning to a person who listens to malicious gossip, one who speaks malicious gossip, and one who bears false testimony.

Similarly, each litigant is warned not to tell his arguments to a judge before the other litigant comes. With regard to this and similar matters, Exodus 23:7 states: "Keep distant from words of falsehood."

A judge should not hear from a translator. If he understands the language of the litigants and listens to their arguments, but is not fluent in their language in order to respond to them, he should appoint a translator to inform them of the ruling and the rationale why this person's claim was vindicated and the other was held liable.

A judge must listen to the arguments of the litigants and restate their claims, as evident from I Kings 3:23 which states: "And the king said: 'This one says: "Mine is the son who lives and your son is the one who is dead."...'"

He should determine the just resolution of the judgment in his heart and then pronounce judgment.

What is the source which teaches that a judge should not justify the arguments of one of the litigants? "Keep distant from words of falsehood." Instead, the litigant should tell the judge what appears correct to him and the judge should remain silent.

He should not teach one of the litigants an argument at all. Even if the plaintiff brings only one witness, the judge should not say: "We do not accept the testimony of one witness." Instead, he should tell the defendant: "See, he has testified against you." Preferably, he will acknowledge the other's claim, saying: "He testified truthfully." The judge should not ignore the witness's testimony unless the other litigant says: "He is only one witness and I do not accept his testimony." Similar principles apply in all analogous situations.

If a judge sees a vindicating argument for one of the litigants and realizes that the litigant is seeking to state it, but does not know how to articulate the matter, sees that one was painfully trying to extricate himself with a true claim, but because of his anger and rage, he lost touch of the argument, or sees that one became confused because of his intellectual inadequacy, he may assist him somewhat to grant him an initial understanding of the matter, as indicated by Proverbs 31:8: "Open your mouth for the dumb person." One must reconsider the matter amply, lest one become like a legal counselor.