Daily Mitzvah (Rambam)

The 10th prohibition is that we are forbidden from investigating idolatry and looking into its content, i.e. researching and studying the fantasies and foolishness that its founders claim, [for example,] "This spiritual force can be brought down in this way, and then you must do this; this star you must offer incense to, stand before it in this way, and then do this," and so on. Thinking into these matters and investigating these fantasies can cause a foolish person to pursue them and worship them.

The verse which contains this prohibition is G‑d's statement,1 "Do not turn away to false gods." In the words of the Sifra, "If you turn after them, you are making them into gods." There it is written, "Rabbi Yehuda says, 'You must not turn to them [even] to look at them.'" This means that it is prohibited even to gaze at the image's external appearance or to think about how it was made, in order to not spend even a moment of time on them.

In the [Talmudic] chapter "Sho'el adam mei'chavero"2 it is written, "One who walks under an image or statue may not read [their caption] on Shabbat. One may not look at the statue itself even during the week, as the verse says,3 'Do not turn away to false gods.' What does this verse imply? Rabbi Yochanan says [the same words can be read to mean,] 'do not turn away G‑d from your minds.'"4

This same prohibition — to think about idolatry — is repeated in G‑d's statement,5 "Be careful that your heart not be lured away, and you turn astray and worship [them]." This means that if your heart is lured away to think about them, this will cause you to turn away from the straightforward path and become involved in worship. This same concept is repeated,6 "[Be very careful…] lest you raise your eyes to the sky, and see the sun, moon...[and worship them]. "This does not prohibit one from lifting up one's head and looking at them with one's eye; rather, it prohibits from pondering in one's mind7 what powers are attributed to them by those who worship them. The same is found in G‑d's statement,8 "[Be careful] lest you try to find out about their gods saying, 'Now, how do these nations worship their gods?'" Even if one does not worship them, it is prohibited to inquire about the nature of their worship since it can cause one to err after them.

You should be aware that one who transgresses this prohibition is punished by lashes.9 It10 has already been explained at the end of the first chapter of Eruvin11 that one is punished by lashes for violating the Biblical prohibition of going beyond the Shabbat limit.12 The Sages prove this by quoting G‑d's statement,13 "A person may not ["al"] leave his place." The Talmud then asks how it is possible to punish with lashes when the prohibition is stated with the word, "al" instead of the word, "lo" ["do not"]. It then answers with the [rhetorical] question, if there are no lashes whenever the word, "al," is used, are there no lashes for the prohibition,14 "Do not ["al"] turn away to false gods?!" This discussion implies that one does receive lashes for this prohibition.

Footnotes

1.

Lev. 19:4.

2.

Shabbos 149a.

3.

Lev. 19:4.

4.

The word, "to," in Hebrew ("el"), can also be read as one of G‑d's names. Accordingly the phrase, "Do not turn away to," (in Hebrew, "al tifnu el") can be read, "Do not turn away G‑d" ("al tifanu E‑l"). (Kapach, 5731, note 58 from Moreh N'vuchim 3:51.)

5.

Deut. 11:16.

6.

Deut. 4:15,19.

7.

Literally, « gazing with your heart's eye. »

8.

Deut. 12:30.

9.

If an action is performed (Hilchos Avodah Zarah 2:2-3). It is apparent that even taking a book to read would also be considered to be an action according to the Rambam (see Kapach, 5731, note 65).

10.

The regular way for the Torah to state a prohibition is to use the Hebrew word, "lo" (which means, "do not"). In some prohibitions, such as this one, the Torah uses the Hebrew word, "al" (which also means, "do not"). The Rambam now proves that even when the word, "al" is used, the prohibition is still punishable by lashes, and therefore is counted among the 613 commandments.

11.

17b.

12.

See N321.

13.

Exodus 16:29.

14.

Lev.19:4. Kapach, 5731 (note 64) points out that our version of the Talmud presents a different prohibition, namely Lev. 19:31 (N8, N9). See Zohar HaRakiah, Yad HaLevi.

The 47th prohibition is that we are forbidden from entertaining any thoughts1 which could lead one to accept ideas contrary to those of the Torah. Rather, we must control our thoughts and establish limits to what is acceptable, i.e. the commandments of the Torah and its prohibitions.2

The source of this commandment is G‑d's statement (exalted be He),3 "Do not turn after your heart and after your eyes."

In the words of the Sifri, "The phrase, 'do not turn after your heart,' refers to heresy, as in the verse,4 'I find more bitter than death [the woman5 whose heart is traps].' The phrase, 'and after your eyes,' refers to immoral behavior, as in the verse6 'And Shimshon said to his father [take her for me, for she is fitting in my eyes7].'" The word z'nus [translated above as, "immoral behavior"] includes pursuing physical pleasures and desires, and constantly thinking about them.

Footnotes

1.

See Kapach, 5731, (note 48)

2.

"Any thought that might cause one to reject one of the fundamental principles of the Torah — we are prohibited from allowing it to enter our mind. We may not direct our minds towards such thoughts, and not to think about them and be drawn after thoughts which enter our minds. For the human mind is limited, and not everyone is capable of grasping the truth clearly … the universe could be destroyed because of the limitations of human intellect." (Hilchos Avodah Zarah 2:3)

3.

Num.15:39.

4.

Eccles. 7 :26.

5.

Rashi explains that the verse refers to the temptations of heresy.

6.

Judges.14:3.

7.

Shimshon had asked his parents to arrange for him to marry a certain Philistine girl. His parents objected, saying he should take a wife from among the Jewish people. Shimshon answered them in this verse. The Sifri finds the usage of the phrase, "in my eyes," as support that the "after your eyes," in our verse refers to immorality.

The 60th prohibition is that we are forbidden from cursing G‑d's great Name (may He be exalted much, much higher than what the fools1 say). This prohibition is euphemistically called, "blessing the Name."

Scripture explicitly states that the punishment for transgressing this prohibition is death by stoning, in G‑d's statement,2 "Anyone who curses G‑d's Name shall be put to death. The entire community shall stone him." However, there is no verse which states this particular prohibition alone.3 The prohibition which includes this, as well as other acts,4 is G‑d's statement (exalted be He)5 "Do not curse Elokim."

In the words of the Mechilta, "The verse, 'Anyone who curses G‑d's Name shall be put to death,' prescribes the punishment, but not the prohibition itself. [This we learn from what] the Torah says,6 "Do not curse Elokim." The Sifra says, "[For cursing] the Unique Name7 of G‑d one is punished by death. [Cursing] other8 Names of G‑d is a regular prohibition." The Mechilta also says, "The verse, 'Do not curse Elokim,' serves as the prohibition for cursing G‑d's Name."

The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.

You9 must know that this type of prohibition — which consists of two or three different subjects10 — is not in the category of a "general prohibition." This is because Scripture explains the punishment for each one separately, thereby telling us absolutely that each one is a prohibition and counts as a separate Negative Commandment, as we explained in the Introduction.11 Since the rule is that whenever Scripture indicates a punishment, there must be another source indicating the actual prohibition, we must search for it. Sometimes it is derived from one of the rules of Torah derivation, and sometimes it is included in another prohibition, as we explained in the Introduction.12

A prohibition is considered to be "general" only when there is no previous indication whatsoever that this act is prohibited aside from that [general] prohibition, as we explained in the Ninth Introductory Principle. If, however, we know that this act is prohibited from G‑d's statement that, "One who does this particular action shall be punished in this particular way," it doesn't matter whether the actual prohibition is stated explicitly or [only] derived; or if it is stated separately or included.13 You must understand this well, because you will find its application in many commandments.

Footnotes

1.

Or, "the heretics." (Kapach, 5731, note 8*)

2.

Lev.24:16.

3.

As the Rambam has mentioned many times, a prohibition normally has one verse which states that the act is prohibited, and another verse which states the punishment. In this case, there is a verse indicating the punishment; but there is no verse which serves as the actual prohibition for this commandment alone.

4.

Namely, the prohibition of cursing a judge (N315). The Hebrew word Elokim is used both as one of the Names of G‑d, and to refer to judges.

5.

Exodus 22:27.

6.

Ibid.

7.

I.e. the Tetragrammaton, the four-letter Name of G‑d. In his legal code (Hilchos Avodah Zarah 2:7), the Rambam rules that the same punishment applies if a person curses the Name spelled "alef-dalet-nun-yud."

8.

In Hilchos Sanhedrin (26:3), the Rambam includes other Names of G‑d — whether in Hebrew or in other languages — as well as descriptive Names such as "the Merciful One."

9.

The Rambam now deals with the fact that the same verse is being used for two separate prohibitions. This would seem to put it in the category of a "general prohibition" (lav she'bi'klalot), which is not counted among the 613 commandments, as set forth in the Ninth Introductory Principle.

10.

In this case, G‑d's Name and judges.

11.

After the Fourteenth Introductory Principle.

12.

Ibid.

13.

With another prohibition, by virtue of both prohibitions deriving from one verse, as in our case.

The 6th prohibition is that we are forbidden from serving an idol even in a manner other than one of the four types of service which we have mentioned.1 This is upon condition that it is served k'darkah, i.e. in the way this idol is customarily served — such as excreting to [the idol] P'or,2 or throwing a stone at Merkulis.3

The source of this commandment is G‑d's statement (exalted be He),4 "[Do not bow down to them] or serve them."

In the words of the Mechilta, "[The two phrases,]5 'Do not bow down to them or serve them,' constitute two separate prohibitions: to serve is one and to bow down is another."6

Therefore, one who threw a stone at P'or or excreted to Merkulis does not transgress [this prohibition] since it is not the customary manner of service, and G‑d Al‑mighty (exalted be He) stated,7 "[Be careful lest you try to find out about their gods saying,] 'Now, how8 do these nations worship their gods? I would also like to try [such practices].'"

One who transgresses this prohibition intentionally is punished by death by stoning or kares,9 and if unintentionally, he must bring a sacrifice.10

The details of this mitzvah have also11 been explained in the seventh chapter of Sanhedrin.12

There it is it asked why the punishment of kares is mentioned three times in reference to idolatry, and the answer is given: one is for serving k'darkah [in the customary manner], one is for serving lo k'darkah [in an uncustomary way], and one is for serving the idol Molech.13 This means to say that anyone who serves any idol in any manner is punished by kares if it is served k'darkah, i.e. in the customary manner, such as excreting to P'or, throwing a stone at Merkulis, or cutting one's hair to K'mosh.14 Similarly, anyone who serves any idol in one of the four types of service [mentioned in N5] is punished by kares, even if the idol is not customarily served in that manner, such as bringing a sacrifice to P'or or bowing down to Merkulis. This is called lo k'darkah. The third case of kares is one who passes [some of his children] over the fire to Molech, as we will explain.15

Footnotes

1.

In N5, i.e. bowing down, slaughtering, burning incense and pouring a wine libation

2.

The Moabite idol (see Numbers 25:3).

3.

A Roman idol.

4.

Exodus 20:5..

5.

Ibid.

6.

The wording of the Mechilta proves that N5 and N6 are counted as two separate commandments.

7.

Deut. 12:30.

8.

This verse shows the difference between serving an idol in the customary manner or not. See Hilchos Avodah Zarah 3:2, that in order to be able to recognize the distinction, the Jewish court had to know the manner in which the idol is customarily served.

9.

If the court did not execute him.

10.

I.e. a sin offering.

11.

As with N5.

12.

64b.

13.

See N7.

14.

The Ammonite idol (see Kings I 11:7).

15.

In N7.

The 5th prohibition is that we are forbidden from bowing down to an idol. Our usage of the term, "idol," of course includes serving anything other than G‑d.

The source of this commandment is G‑d's statement (exalted be He),1 "Do not bow down to them or serve them."2 [The phrase] "do not bow down to them," does not mean that only bowing down is prohibited, and nothing else. Rather, just one of the customary types of worship — namely, bowing down — is mentioned, and the same applies to bringing an offering or incense. One who transgresses any of these by bowing down, bringing a sacrifice, a wine libation, or incense is put to death by stoning.

In the words of the Mechilta, "The verse,3 'Whoever sacrifices to any deity [other than G‑d alone] must be condemned to death,' teaches us the punishment but not the prohibition itself. The Torah therefore says,4 'Do not bow down to their gods or serve them.' Sacrifices are already included [in the more general phrase, 'serve them.' Why is it singled out?] It is singled out to teach us that just as sacrificing is one of the ways of serving G‑d, and one is guilty whether this is the customary way of serving [the idol] or not; so too any similar type of service of G‑d, one is guilty whether it is a customary way or serving [the idol] or not."

The explanation of this is that there are four ways in which we are required to serve the exalted G‑d — i.e. bowing down, slaughtering, burning incense and pouring a wine libation. Anyone who serves an idol in one of [these four ways] is punished with death by stoning, even if that idol is not customarily served in one of these ways.5 This is called, lo k'darkah ["not in its way"], i.e. even though one did not serve the idol in a way in which it is customarily served, since one served in one of these [four] ways, he is punished by stoning if he did so intentionally, and kares if [the court6] was unaware or he wasn't punished.7 If he did so unintentionally, he must bring a sin offering. One who accepts anything as a god8 is also guilty.9

This prohibition — against performing one of these four types of service even if it is not the customary manner — has been repeated in G‑d's statement (exalted be He),10 "The Israelites shall no longer sacrifice to the s'irim." In the words of the Sifra, "The term s'irim refers to demons." Tractate Zevachim11 explains that this prohibition refers to one who slaughters [an animal] to an idol, even if the idol is not customarily served by slaughtering. Our Sages said, "What is the source of the law that one who slaughters an animal to Merkulis12 is guilty? From the verse,13 'The Israelites shall no longer sacrifice to the s'irim.' If this verse is not needed to teach us the prohibition of serving the idol in the customary fashion — [because we already know this] from the verse,14 'Now how did these nations worship their gods?' — it must teach us about serving it in a way which is not customary.15"

One who transgresses this prohibition intentionally is punished by kares or death by stoning, as we have explained; if he did so unintentionally, he must bring a sacrifice.16 In the words of Scripture,17"Whoever sacrifices to any deity [other than G‑d alone] must be condemned to death."

The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.18

Footnotes

1.

Exodus 20:5.

2.

This verse actually contains two commandments: "Do not bow down to them" is this commandment, and "[do not] worship them," is N6.

3.

Exodus 22:19.

4.

Exodus 23:24. As Kapach (note 16*) points out, our text of the Mechilta quotes Ex. 20:5, the same verse quoted earlier in this commandment.

5.

The idol "Merkulis," for example, was customarily served by throwing rocks at it. If one slaughtered a sacrifice to serve Merkulis, he transgresses this prohibition. If he threw rocks at it, however, he would transgress N6.

6.

Kapach, 5731, note 19.

7.

Due to the testimony being unacceptable, for example.

8.

Even if he lifts up a brick and says, "You are my god." (Hilchos Avodah Zarah, 3:4)

9.

Kapach, 5731, (note 21) points out that the Rambam writes the case where the person verbally accepts a god after mentioning the sin offering, because although he is punished by stoning if he acted with intention, he does not bring a sin offering if he acted unintentionally. In Hilchos Avodah Zarah (3:4), the Rambam indeed mentions only stoning. Kapach suggests that the reason for this is because a sin offering is brought only when an action was done; speech is insufficient.

10.

Lev.17:7.

11.

106a.

12.

Which is customarily served by throwing rocks at it.

13.

Lev.17:7.

14.

Deut. 12:30.

15.

I.e. it was not customary to bring sacrifices to the 's'irim' referred to in the verse.

16.

I.e. a sin offering, as mentioned above.

17.

Exodus 22:19.

18.

60b.

The 2nd prohibition is that we are forbidden from making statues for worship, regardless of whether they are made by the person himself or he asks someone else to make them for him.

The source of this commandment is G‑d's statement (exalted be He),1 "Do not make for yourselves any statue or image."

One who transgresses this prohibition, i.e. who makes an idol or asks someone else to make an idol for him is punished with lashes, even if he did not serve it.

Footnotes

1.

Exodus 20:4. Deut. 5:8.

The 3rd prohibition is that we are forbidden from making an idol, even for others to serve, and even at the request of a non-Jew.

The source of this commandment is G‑d's statement (exalted be He),1 "And do not make gods for yourselves."

In the words of the Sifra, "[The verse,2] 'And do not make gods,' means that you may not even make them for others." [In Sifra] our Sages said, "One who makes an idol for himself transgresses two prohibitions," i.e. the prohibition of making an idol with his own hand, even for others, as explained in this Third prohibition; and also the prohibition of acquiring an idol and having it made with his permission — even if someone else made it for him — as we explained previously in the Second prohibition. Therefore he is punished with two sets of lashes.3

The details of this mitzvah, as well as the previous one, have been explained in tractate Avodah Zarah.

Footnotes

1.

Lev.19:4.

2.

Ibid.

3.

From this we see that the two prohibitions count separately.

The 4th prohibition is that we are forbidden from making an image of a human being from metal, stone, wood or anything similar,1 even though it was not made in order to be worshipped.2 The reason for this is to keep us from making any images whatsoever, so that we should not entertain the false belief held by the masses — i.e. the idol worshippers — that these images have supernatural powers.

The source of this commandment is G‑d's statement (exalted be He),3 "Do not make a representation of anything that is with me; do not make for yourselves silver or gold gods."

The Mechilta explains the prohibition conveyed in the verse, "Do not make for yourselves silver or gold gods," as follows: "A person may not say, 'I will make them for ornamentation, as others do in their lands.' The Torah therefore says, 'Do not make for yourselves.'"

One who transgresses this prohibition is punished by lashes.

The details of this mitzvah — which images are permissible to create and which are forbidden,4 and in which manner5 — are explained in the third chapter of Avodah Zarah.

It is explained in Sanhedrin6 that this prohibition, "Do not make a representation of anything that is with me; [do not make for yourselves] silver gods [or gold gods]... ," includes other matters as well,7 but the literal meaning of the verse is as we have explained, from the Mechilta.

Footnotes

1.

I.e. any three-dimensional material. If it is merely painting on a surface, however, it is permitted (Hilchos Avodah Zarah, 3:10).

2.

Rather, even to make it for beauty or ornamentation is prohibited.

3.

Exodus 20:20..

4.

The Rambam rules (Hilchos Avodah Zarah, 3:10-11) that images of human beings, angels, the sun, moon, etc. are prohibited, but trees, birds, etc. are permitted.

5.

I.e. three-dimensional or two-dimensional.

6.

7b.

7.

The Talmud explains why the verse singles out gods of silver and gold — aren't wooden gods also prohibited?! It answers that the expression," gods of silver," can also be explained, "judges of silver," i.e. judges who got their position through bribery.

The 15th prohibition is that we are forbidden from leading people to idolatry by speaking to them and encouraging them to serve an idol — even if the person himself did not serve the idol or do anything other than leading [others] to it. If he misleads the many people1 he is called a madi'ach.

The source of this prohibition is G‑d's statement (exalted be He),2 "Wicked men among you have lead the city's inhabitants astray saying ['Let us go and serve false gods.']" If he leads an individual person astray, then he is termed a meisis,3 the source being G‑d's statement (exalted be He),4 "If your maternal brother tries to lead you astray […secretly, saying, 'Let us go and serve false gods…']."

But in this prohibition we are speaking exclusively about a madi'ach, and the source of this commandment is G‑d's statement (exalted be He),5 "[You may not mention the name of a false gods;]You must not let it be heard through your mouth."

Our Sages said in tractate Sanhedrin,6 "The verse, 'You must not let it be heard through your mouth,' is the prohibition of meisis.7 [The Talmud then challenges,] But the prohibition of meisis is already written explicitly: '[If your maternal brother tries to lead you astray…secretly, saying, 'Let us go and serve false gods…You shall put him to death…] and they will no longer do [this wicked act in your midst]'! Rather, the verse ['You must not let it be heard through your mouth'] is the prohibition of madi'ach." The Mechilta of Rabbi Yishmael similarly says, "The verse, 'You must not let it be heard through your mouth,' is the prohibition of madi'ach."

One who transgresses this prohibition is punished to death by stoning. In the words of tractate Sanhedrin,8 "Those who lead a city to idolatry9 are punished by stoning.

The details of this mitzvah have been explained in the tenth chapter of Sanhedrin.10

Footnotes

1.

I.e. the majority of the city (Hilchos Avodah Zarah 5:2)

2.

Deut. 13:14.

3.

See N16.

4.

Deut. 13:7.

5.

Exodus 23:13.

6.

63b.

7.

Our text of the Talmud reads, "meisis and madi'ach."

8.

Chapter 7, Mishnah 4.

9.

The city is called an "ir ha'nidachas."

10.

111a.

The 186th mitzvah is that we are commanded to execute every last inhabitant of a city which has been led to worship idols,1 and to burn the city and everything in it. This is the law of an "ir ha'nidachas."

The source of this commandment is G‑d's statement (exalted be He),2 "And you shall burn the city along with all its goods with fire."

The details of this mitzvah have been explained in tractate Sanhedrin.3

Footnotes

1.

This applies when all of the inhabitants have served idolatry. If only the majority (not everyone) in the city worshipped idols, the city is still ruled to be an "ir ha'nidachas," but only those who transgressed and their families are executed (Hilchos Avodah Zarah 4:6).

2.

Deut. 13:17.

3.

111b.

The 23rd prohibition is that we are forbidden from rebuilding an ir ha'nidachas.1

The source of this commandment is G‑d's statement (exalted be He),2 "[The city] shall then remain an eternal ruin; do not ever have it rebuilt."

Anyone who builds any part of it, i.e. [helps] make it into the same city it was before,3 is punished by lashes.

The details of this mitzvah have been explained in the tenth chapter of Sanhedrin.

Footnotes

1.

See P186 above.

2.

Deut. 13:17.

3.

In Sanhedrin 111a, there is a disagreement regarding rebuilding this city. Rabbi Yossi Ha'Glili holds that you may not even build gardens and orchards there. Rabbi Akiva holds that it is only prohibited to bring the city back to its previous state. The Rambam (Hilchos Avodah Zarah 4:8) rules like Rabbi Akiva. There is some controversy, however, as to what the Rambam (and Rabbi Akiva) would say regarding one who builds a few houses (not just gardens and orchards), but does not bring the city back to its original state.
Kapach, 5731, (note 17) insists that one receives lashes only by completely rebuilding the city, and points out that the previous printing of his translation was faulty (see Translator's Introduction). According to this, the phrase, "Anyone who builds any part of it" (v'chol ha'boneh mimenah davar), must refer to anyone who participates in rebuilding it to its former state. If the city is only partially rebuilt, however, lashes are not given.

The 24th prohibition is that we are forbidden from gaining benefit or having in our possession anything from an ir ha'nidachas.1

The source of this commandment is G‑d's statement (exalted be He),2 "Do not allow anything that has been declared taboo to remain in your hands."

Whoever takes3 even the tiniest amount is punished by lashes.

The details of this mitzvah have been explained in the tenth chapter of Sanhedrin.4

Footnotes

1.

See P186 above.

2.

Ibid.

3.

And gains benefit from (Hilchos Avodah Zarah 4:7).

4.

111a.