Negative Commandment 315 (Digest)
Cursing Judges
"You shall not curse the judge"—Exodus 22:27.
It is forbidden to curse a judge.
The 315th prohibition is that we are forbidden from cursing a judge.
The source of this prohibition is G‑d's statement, "You shall not curse the judges."
One who transgresses this prohibition is punished with lashes.
Negative Commandment 281 (Digest)
Listening to a Single Litigant
"You shall not raise a false report"—Exodus 23:1.
A judge may not listen to the arguments of one of the parties in a case if the other party is not present. This because, for the most part, arguments presented by a party when not in the presence of the opposing party are false. This mitzvah ensures that the judge doesn't approach the case with any untrue prejudice.
This prohibition also includes:
- The defendant may not present his case to the judge when not in the presence of his opponent [i.e., the prohibition applies to both the judge and the litigant].
- Speaking lashon hara (evil gossip).
- Listening to and believing lashon hara.
- Giving false testimony.
The 281st prohibition is that a judge is forbidden from hearing the claims of one of the litigants if the other is not present.
The source of this prohibition is G‑d's statement, "Do not accept a false report."
The reason for this prohibition is that the majority of claims brought by one litigant without the other being present are false. The Torah therefore prohibited the judge from hearing such words, in order to keep him from having false and improper ideas in his mind.
The Mechilta says, "The verse, 'Do not accept a false report,' prohibits a judge from hearing the claim of one litigant without the other being present, and prohibits the litigant from speaking to the judge without the other litigant being present." Regarding this same prohibition the Torah commands, "Keep away from anything false," as explained in the 4th chapter of tractate Shavuos.
Our Sages said that this prohibition also includes the prohibition against speaking loshon hora, listening to loshon hora, and giving false testimony, as explained in tractate Makkos.
Negative Commandment 316 (Digest)
Cursing a Leader
"Nor shall you curse the ruler of your people"—Exodus 22:27.
It is forbidden to curse the nasi. The term nasi applies to the individual in the highest position of power—whether that authority is governmental (i.e., the king), or in the realm of Torah (i.e., the sage who presides over the Sanhedrin, the Jewish Supreme Court).
The 316th prohibition is that we are forbidden from cursing a Nasi.
The source of this prohibition is G‑d's statement (exalted be He), "A Nasi of your people do not curse."
The term Nasi is used in Scripture to refer to a king who has ruling authority, as in G‑d's statement, "If the Nasi sins..." As used in the words of our Sages, it refers solely to the head of the 70-member Sanhedrin. Throughout the Talmud and Mishneh we find mention of, "Nesi'im and heads of the High Court"; "Nasi and head of the High Court." Our Sages also said, "If a Nasi wants to overlook his honor, his honor may be overlooked. If a king wants to overlook his honor, his honor may not be overlooked."
You should be aware that this prohibition includes both the Nasi [mentioned in the Talmud] and the king. The mitzvah comes to prohibit cursing anyone who is in the highest position of authority, regardless of whether his authority is in rulership [i.e., the king] or in Torah, i.e. the Yeshivah. This is apparent from the detailed description of this mitzvah.
One who transgresses this prohibition is punished with lashes.
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