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Misva #71: Not to Curse a King or Head of the Sanhedrin

Misva #71: Not to Curse a King or Head of the Sanhedrin

FromSefer Hachinuch


Misva #71: Not to Curse a King or Head of the Sanhedrin

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 11, 2021
Format:
Podcast episode

Description

The Torah commands in Parashat Mishpatim (Shemot 22:27), “Ve’nasi Be’amcha Lo Ta’or” – not to curse a “Nasi,” referring to either a Jewish king, or the head of the Sanhedrin. This verse, then, establishes a Biblical prohibition against cursing either of these two leadership figures. In explaining the reason behind this command, the Sefer Ha’hinuch writes that every society needs leadership, people whose decisions and rules are accepted and obeyed. Otherwise, everyone will follow his or her own decisions and guidelines, and chaos would ensue, as people will fight with one another. In both religious matters as well as general matters, there need to be leaders with the authority to determine policy. The Sefer Ha’hinuch writes that even though a leader will, on occasion, likely err and make the wrong decision, it is nevertheless imperative that the people accept the leader’s authority in order to prevent chaos and lawlessness. It is preferable to have a flawed leader who occasionally errs than no leader at all. Therefore, the Sefer Ha’hinuch explains, in light of the great importance of stable leadership, the Torah requires showing respect to leaders, because otherwise, if people degrade and insult their leaders, they will not obey their laws, and the social fabric will then begin to unravel. For this reason, the Torah forbade cursing a king – the political leader – or the head of the Sanhedrin – the religious leader. Of course, this law applies to both men and women, and when there is a king or Sanhedrin. One who curses one of these leaders has transgressed this prohibition, and if the person invoked the Name of G-d, then he receives Malkut. Although generally one is not liable to Malkut for transgressing a prohibition without committing an action, an exception is made in the case of one who invokes the Name of G-d. (The Sages inferred this exception from a pair of verses in the Book of Debarim (28:58-59).) The Sefer Ha’hinuch notes that there is a separate Torah prohibition that forbids cursing any Jew, and there is also a separate Torah prohibition that forbids cursing a judge. Therefore, one who curses the head of the Sanhedrin – who is also a judge – has transgressed three Torah prohibitions, and is thus liable to three sets of Malkut. If the head of the Sanhedrin is one’s father, and he curses him, then he receives four sets of Malkut, as there is also a distinct prohibition against cursing one’s parent. The Torah formulates this command as forbidding cursing “Nasi Be’amcha” – “a leader in your nation.” The Gemara understands this as referring specifically to a leader who acts in accordance with “Ma’aseh Amcha” – the way Jews are supposed to act, to the exclusion of a sinner. As such, the Torah prohibition against cursing a Nasi does not apply to cursing a wicked leader. Some maintain that a wicked king is not to be shown respect at all, as evidenced by the story told in the Gemara of Rabbi Shimon Ben Shetah, who testified in court against King Yannai, a wicked king. Generally, a defendant is required to stand when the witnesses testify about him, but when a king is on trial, he is not required to stand, due to the special respect owed to him. Rabbi Shimon Ben Shetah, however, ordered King Yannai to stand, seemingly proving that no respect is owed to a wicked king. Others try drawing proof to the contrary from the story of the prophet Eliyahu, who ran ahead of King Ahab in order to show him respect after the revelation of G-d on Mount Carmel. Ahab was clearly a wicked king, and thus the fact that Eliyahu showed him respect would seem to indicate that even wicked kings must be respected. However, some dismissed this proof by claiming that after the spectacle at Mount Carmel, when the nation recognized G-d and proclaimed, “Hashem Hu Ha’Elokim” (“Hashem is G-d”), Ahab was, at least for a short while, considered a Ba’al Teshuba (penitent sinner), and for this reason Eliyahu showed him respect. But once Ahab resumed his sinful co
Released:
Nov 11, 2021
Format:
Podcast episode

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