The Ban on Cursing the Judge and the Leader of Israel

Mekhilta DeRabbi Shimon Ben Yochai 22:27

Curated by Arthur·Told by Maggid·

"You shall not curse God [the judge]" (Exodus 22:27). One might think that if he merely said to him "you are cursed" he is liable. Scripture says "you shall not curse God," telling us he is not liable until he specifies the Divine Name or a substitute title. Rabbi Eliezer ben Yaakov says: "You shall not curse God" comes to give the warning against blaspheming the Name. One might think that if he cursed them after their death he is liable. And this would follow by reasoning: if for the lesser offense [of injury] one is liable after death, then for the greater offense [of cursing] is it not logical that one should be liable after death? Scripture says, "You shall not curse the deaf" (Leviticus 19:14). Just as the deaf person is distinct in that he is alive, so all the law concerns one who is alive; and one who curses the dead is exempt. "You shall not curse God." This teaches that one who curses the judge transgresses on two counts: on account of the judge and on account of his fellow. "And you shall not curse a leader among your people" (Exodus 22:27). This teaches that one who curses the leader transgresses on three counts: on account of the judge, on account of his fellow, and on account of the leader. "A leader among your people you shall not curse": one who follows the custom of your people, excluding one who has departed from the ways of the community, like Jeroboam son of Nebat.

Themes

SpeechLawDivine Justice

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