Daily Mitzvah (Rambam)

The 16th prohibition is that we are forbidden from leading someone astray by encouraging [even] one Jew to serve idolatry. The person who does so is called a meisis, as we have explained above.1

The verse which is the source of this commandment is G‑d's statement (exalted be He), regarding a meisis,2 "'[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 shall no longer do such an evil thing in your midst."

One who transgresses this prohibition, i.e. the one who incites another Jew [towards idolatry] is liable to execution by stoning, as the verse states,3 "You must certainly kill him." The one whom the meisis tried to incite should be the one to perform the execution, as in G‑d's statement (exalted be He),4 "Your hand shall be the first against him to kill him." In the words of the Sifri, "The one who was incited is commanded to execute him."

The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.5

Footnotes

1.

N15. If he convinces the majority of the city's members, he is called a "madi'ach," as described in that prohibition. If not, he is called a "meisis," and falls under this prohibition.

2.

Deut. 13:12.

3.

Ibid.13:10.

4.

Ibid.

5.

67a.

The 17th prohibition is that we are forbidden to love the meisis or agree1 with him.

The source of this commandment is G‑d's statement (exalted be He),2 "Do not love him."

In the words of the Sifri, "Since it is written,3 'You must love your neighbor as yourself,' one might imply that you may love even this [meisis]. The verse therefore says,4 "Do not love him."

Footnotes

1.

The Arabic "d'un" can also be translated as "pay attention," or "listen to," or "be convinced by" (Kapach, 5731, note 1).

2.

Deut. 13:9.

3.

Lev.19:18.

4.

Deut. 13:9.

The 18th prohibition is that we are forbidden from easing our hatred of the meisis. One is absolutely required to maintain this hatred, and if one does not do so, one transgresses a prohibition.

The source of this commandment is G‑d's statement (exalted be He),1 "And do not listen to him."

The explanation of this is: "Since it is written2 [regarding someone you hate3], 'You must make every effort to help him,' one might imply that you may4 help even this [meisis]. The verse therefore says,5 "And do not listen to him."

Footnotes

1.

Ibid.

2.

Exodus 23:5.

3.

Hilchos Avodah Zarah 5:4.

4.

Chavel mistakenly translates, "commanded."

5.

Deut. 13:9.

The 19th prohibition is that the one whom the meisis tried to incite is forbidden from saving the meisis if he sees his life is in danger.

The source of this commandment is G‑d's statement,1 "Do not let your eyes pity him."

The explanation of this is: "Since it is written2 'Do not stand still when your neighbor's life is in danger,' one might imply that you may not stand still even for this [meisis]. The verse therefore says,3 "Do not let your eyes pity him."

Footnotes

1.

Ibid.

2.

Lev.19:16.

3.

Ibid.

The 20th prohibition is that the one whom the meisis tried to incite is forbidden from trying to acquit the meisis. Even if he knows of an argument in his favor, he is forbidden to mention it to him or to raise it himself.

The source of this commandment is G‑d's statement (exalted be He),1 "Do not show him any mercy."

The explanation of this is brought: "The verse,2 'Do not show him any mercy,' means that you may not raise an argument in his favor."

Footnotes

1.

Ibid.

2.

Ibid.

The 21st prohibition is that the one whom the meisis tried to incite is forbidden from withholding anything he knows which would cause the meisis to be punished.

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

The explanation of this is brought: "The verse,2 'And do not try to cover up,' means that if you know of something against him, you may not remain silent."

Footnotes

1.

Ibid.

2.

Ibid.

The 26th prohibition is that a person is forbidden to prophesize in the name of an idol, i.e., to say that G‑d commanded him to serve it1 or that [the idol] itself commanded to serve it, and promised reward and punishment, as is done by the prophets of Baal and Asheirah.2

There is no explicit verse in Scripture stating this prohibition of prophesizing in the name of an idol. There is, however, a verse stating the punishment, that one who prophesizes in its name is executed. This is G‑d's statement,3 "If he speaks in the name of other gods, then that prophet shall die." The death referred to here is execution by strangulation, in accordance with our general principle4 that when the verse does not specify the type of execution, it refers to strangulation.

You are already aware of the fundamental rule which I have explained in the Fourteenth Introductory Principle preceding this work, in the words of the Sages,5 "Whenever Scripture indicates a punishment, there must be another source indicating the actual prohibition."6 The actual prohibition is from the verse,7 "Do not mention the name of other gods."

It8 is not impossible for one verse to serve as the prohibition for a number of commandments and nevertheless not be in the category of a "general prohibition," since each one has a separate verse stating the punishment. Other examples of this principle are explained in the appropriate places.9

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

Footnotes

1.

Kapach, 5731, (note 26) points out that this is consistent with what the Rambam writes in his Introduction to the Mishneh. In Mishneh Torah (Hilchos Avodah Zarah 5:6), the Rambam omits this case; he rather includes it in the category of a false prophet (Hilchos Yesodei Hatorah 9:5. N27).

2.

A tree idol.

3.

Deut. 18:20.

4.

Sanhedrin 52b.

5.

Yoma 81a.

6.

This implies a question: since the verse quoted above contains only the punishment, which verse states the actual prohibition?

7.

Ex. 23:13.

8.

This same verse (Ex. 23:13) also serves as the prohibition N14 below. This implies the following question: when one verse prohibits more than one action, it is considered a "general prohibition," and may count as only one of the 613 commandments, as set forth in the Ninth Introductory Principle. The Rambam now explains how the verse can still count as two separate commandments.

9.

See N60, N14, N94, N98, N143, N161, N170, N195, N318, N319.

10.

89a, in our versions, chapter ten.

The 28th prohibition is that we are forbidden from listening to the prophecy of one who prophesizes in the name of an idol, i.e., we should not dispute him, nor ask him, "What is your miracle, and what is your proof of this," as we do with someone who prophesizes in the name of G‑d.1 Rather, as soon as we hear him prophesize in its name, we must warn him,2 just as we must warn any transgressor; and if he persists in his claim, we must punish him in the way the Torah prescribes, and pay no attention to his miracles and proofs.

The source of this commandment is G‑d's statement (exalted be He),3 "Do not listen to the words of that prophet."

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

Footnotes

1.

In Hilchos Avodah Zarah 5:7, the Rambam rules that even if the person says nothing, but merely thinks to himself that perhaps the miracles are true, he transgresses this prohibition.

2.

Before a transgressor can be punished, he must first be warned by two witnesses. See Hilchos Sanhedrin 12:2 for the conditions governing this warning.

3.

Deut. 13:4.

4.

89a, in our versions, chapter ten.

The 27th prohibition is that we are forbidden from prophesizing falsely, either by prophesizing in G‑d's Name even though G‑d has not spoken,1 or by prophesizing words which G‑d (exalted be He) has spoken to someone other than himself, and he attributes it to himself, saying that G‑d has spoken to him, when in reality, He has not.

The source of this commandment is G‑d's statement,2 "If a prophet intentionally makes a declaration in My name when I have not commanded him to speak."

One who transgresses this commandment is also3 executed by strangulation — when listing those who are punished by strangulation, our Sages4 included a false prophet. There they stated, "Three are executed by man5: one who 'intentionally makes a declaration in My name,' i.e., when he has not heard; one who speaks 'when I have not commanded him to speak,' but I have commanded someone else to speak, i.e., one who prophesizes when he himself has not been spoken to; and one who6 'speaks in the name of other gods,' i.e., in the name of an idol." Regarding all of them it is written,7 "That prophet shall die," and when the type of execution is not specified, it refers to strangulation.8

The details of this mitzvah have been explained in the eleventh chapter of Sanhedrin.9

Footnotes

1.

Like Tzidkiyah ben K'nanah, Kings II, 22:11.

2.

Deut. 18:20.

3.

As in the previous commandment, N26.

4.

Sanhedrin 99a.

5.

In contrast to a death penalty from Above.

6.

Deut. 18:20. N26 above.

7.

Ibid.

8.

Sanhedrin 52b.

9.

89a, in our versions, chapter ten.

The 29th prohibition is that we are forbidden from giving honorable treatment1 to a false prophet, or from refraining from executing him, since he says prophecy in the name of G‑d. Once we have determined his falseness,2 we should not fear punishment3 whatsoever.

The source of this commandment is G‑d's statement (exalted be He),4 "Do not fear him."

In the words of the Sifri, "The verse, 'Do not fear him,' teaches that one may not refrain from helping to convict him."

The details of this mitzvah have been explained at length in our Introduction to the Mishneh.

Footnotes

1.

Kapach, 5731, (note 41) notes that the Arabic word denotes honoring a person, or in the vernacular, "treating him with silk gloves." This corresponds to the Rambam's ruling (Hilchos Avodah Zarah 5:9), "One who refrains from executing the false prophet because of his greatness — that he follows the path of prophecy — transgresses a prohibition." Regarding the qualification to "follow the path of prophecy," see Hilchos Yesodei HaTorah 7:1.
Chavel's version mistakenly translates, "to have pity."
In Hilchos Yesodei HaTorah 5:9, the Rambam rules that even if one merely allows himself to fear the words of this false prophet, he transgresses this prohibition.

2.

See Hilchos Yesodei HaTorah 10:1-5, regarding how to determine whether a prophet and/or his prophecy are true or false. This determination of falseness may only be made by the 71-member Sanhedrin (Hilchos Avodah Zarah 5:9).

3.

From executing him (Chinuch, 522). Chavel, evidently basing himself on the translation of Ibn Tibbon, translates "fear of sin."

4.

Deut. 18:22.

The 14th prohibition is that we are forbidden from swearing in the name of an idol, even [when dealing] with idol worshippers. So too we may not cause them to swear in the name of an idol, as our Sages explained in their statement,1 "One may not cause a non-Jew to swear in the name of his idol."

The source of this commandment is G‑d's statement (exalted be He),2 "Do not mention the name of other gods," i.e., by having a non-Jew swear in the name of his idol. Our Sages also explained there, "The verse, 'Do not mention,' teaches that one may not utter a vow in the name of an idol." The Gemara says in Sanhedrin,3 "The verse, 'Do not mention,' teaches that one person may not tell another, 'Wait for me next to such-and-such an idol.'"

One who transgresses this prohibition — by swearing in a reverential manner by any created being which people mistakenly believe in as a god — is punished by lashes.

In tractate Sanhedrin, when discussing the prohibition of hugging an idol, kissing it, sweeping the floor before it, or showing any signs of respect or love, our Sages said, "One is not punished by lashes unless he utters a vow or an oath in its name."

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

Footnotes

1.

Mechilta, Shoftim.

2.

Exodus 23:13.

3.

63b.

The 8th prohibition is that we are forbidden from performing the practice of ov. This1 consists of burning a specific type of incense and performing certain actions. The person who does this then imagines2 that he hears a voice speaking from under his armpit answering his questions. This is a form of idolatry.

The source of this commandment is G‑d's statement,3 "Do not turn to the idols called ov."

In the words of the Sifra, "Ov refers to a Pitom4 who speaks from his armpit." One who transgresses this prohibition intentionally is executed by stoning; if he is not executed by stoning5, he is punished by karet; and if he did so unintentionally, he must bring a sin-offering. This applies to the one who actually performed the actions himself.6

The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.7

Footnotes

1.

See Hilchos Avodah Zarah 6:1 and Commentary to the Mishneh, Sanhedrin 7:7, for other categories of the ov service.

2.

Kapach, 5731, note 39. Hilchos Avodah Zarah 6:1. Chavel translates, "pretends."

3.

Lev.19:31

4.

The Pitom is the one who performs this ritual (Rashi, Sanhedrin 65a). In Greek, this word refers to "one who tells the hidden" (Tiferes Yisrael, Sanhedrin 7:7).

5.

If there was no prior warning, or no witnesses, for example.

6.

The one who came to the sorcerer to ask the question, however, is not executed. He transgresses a separate prohibition, N36.

7.

65a.

The 9th prohibition is that we are forbidden from performing the practice of yidoni. It is also a form of idolatry, in which the person takes a bone from the bird called yadu'a,1 places it in his mouth, burns incense, utters certain words, and performs certain actions, until he reaches a state similar to unconsciousness, when he goes into a deep sleep and predicts the future. Our Sages said,2 "Yidoni is when the person places a bone from a yadu'a in his mouth, and it speaks by itself."3

This prohibition is contained in the verse,4 "Do not turn to the idols called ov or yidoni."

Do not think that this prohibition is a in the category of a "general prohibition."5 This is because when mentioning the punishment,6 they were separated, as it is written,7 "[Any man or woman who is involved in] the idolatry called ov or8 yidoni [shall be put to death]."

One who transgresses either of them intentionally is executed by stoning and karet, as written in G‑d's statement (exalted be He),9 "Any man or woman who is involved in the idolatry called ov or yidoni shall be put to death."

In the words of the Sifri,10 "The verse,11 'Any man or woman who is involved in the idolatry called ov or yidoni shall be put to death,' designates the punishment. Which verse serves as the actual prohibition itself? The verse,12 'Do not turn to the idols called ov or yidoni.'"

One who transgresses this commandment unintentionally must also13 bring a sin-offering.

The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.14

Footnotes

1.

See Kapach, 5731, note 44, where he relates the tradition received from his teachers regarding the pronunciation of this word.

2.

Sanhedrin 65b.

3.

As with ov, the Rambam learns that the person imagines that the bone is speaking (Kapach, 5731, note 45).

4.

Lev.19:31

5.

Such a "general prohibition," in which one prohibitive statement covers more than one act, may not be counted among the 613 commandments, as set forth in the Ninth Introductory Principle. In this case, the verse which states the prohibition says, "Do not turn to the idols called ov or yidoni," with the word "or," written with the Hebrew letter, "vav," which normally means, "and." The verse would then literally read, "Do not turn to the idols called ov and yidoni," and be considered a single "general prohibition" containing two prohibited acts. The Rambam now explains why this is not the case.

6.

As mentioned many times, each prohibition has one verse designating the punishment, and another for the actual prohibition.

7.

Lev. 20:27.

8.

In this verse, the word "or," is written with the Hebrew word, "oh," which normally means, "or" (unlike the verse which states the prohibition using the Hebrew letter which means, "and"). In doing so, it splits the two acts into two separate prohibitions.

9.

Lev. 20:27.

10.

Kapach, 5731, (note 49) points out that this quote is not in our version of the Sifri, but in Sifra, Kedoshim.

11.

Lev. 20:27.

12.

Lev. 19:31.

13.

As is the case with N8 above.

14.

65a and b.

The 7th prohibition is that we are forbidden from handing over some1 of our children to the idol Molech, which was well known in the time when the Torah was given.

The source of this commandment is G‑d's statement (exalted be He),2 "Do not give some of your children to be passed over [a fire] to Molech."

The Seventh chapter of Sanhedrin3 explains the way in which this idol was worshipped: [They would] light a fire and increase it, and he would take some of his children and hand them over to those who took care of serving this idol, and he would pass him over the fire from one side to the other.4

The prohibition on this act is repeated in the verse,5 "There shall not be found among you anyone who passes his son or daughter in fire."

One who transgresses this prohibition intentionally is executed by stoning; if he is not executed by stoning6, he is punished by karet; and if he did so unintentionally, he must bring a sin-offering.

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

Footnotes

1.

The Hebrew word, mi'zaracha, literally means, "from your offspring." The Talmud says that this wording alludes to the law that one is executed only if he gives some of his children to Molech. If he gives all his children to Molech, he would not be punished.
It is interesting to note the commentary of the Smag (N40), who explains that offering all one's children to Molech is such a serious act that not even execution can atone for. This is consistent with the Torah's view of punishment as a correction and cleansing for the transgressor.

2.

Lev. 18:21.

3.

64b.

4.

In Hilchos Avodah Zarah (6:5), the Rambam writes, "He would take some of his children and hand them to the fire-worshipping priests, and after he was given over into their hands, those priests would give the child back to his father to pass him through the fire while under their authority. The father would be the one to pass his child over the fire while under the authority of the priests. He would pass him in the midst of the fire by foot to the other side, not actually burning him to the Molech as done by those who burn their sons and daughters to other idols."

5.

Deut. 18:10.

6.

If there was no prior warning, or no witnesses, for example.