1)

From where do we know that one may not curse someone who is not a Cheresh?

1.

Rashi (citing the Sifra): From the Pasuk in Mishpatim Sh'mos, (22:27) "... be'Amcha Lo Se'or", 'Kol she'be'Amcha' (anyone who behaves like a Yisrael). 1

2.

Ramban and Moshav Zekenim (both citing Sanhedrin, 66a): The Torah mentions a Dayan and a king 2 in Mishpatim Sh'mos, 22:26 and a Cheresh here, automatically including those who are in between.

3.

Refer to 19:14:2:3.

4.

Rashbam: The Torah only mentions "Cheresh" because it is normally a Cheresh that one curses, since he cannot hear and will therefore not retaliate, but it really incorporates everybody.

5.

Shevu'os, 36a: Whoever curses his fellow-Jew transgresses "Lo Sekalel Cheiresh". 3


1

Moshav Zekenim: One is obligated to curse a Rasha. One who mentions a Rasha and does not curse him transgresses an Asei - "ve'Shem Resha'im Yirkav" (Mishlei 10:7). In fact, we find that David ha'Melech and Yirmiyah ha'Navi both cursed Resha'im.

2

Ramban and Moshav Zekenim: The Torah mentions judges and kings because people tend to curse them when they think that they ruled against them unfairly. See also Torah Temimah, note 78.

3

See Torah Temimah, note 79.

2)

Why does the Torah mention specifically a Cheresh?

1.

Rashi: To restrict the prohibition to cursing someone who is alive - to preclude cursing a dead person, which is permitted.

2.

Ramban #1 and Moshav Zekenim: Refer to 19:14:1:2.

3.

Ramban #1 and Moshav Zekenim #1: To teach us that it is even forbidden to curse a Cheresh, who cannot hear and who will therefore not become angry, 1 how much more so may one not curse one who hears and is ashamed, and become angry!

4.

Ramban #2, Rashbam and Moshav Zekenim #2: Because it is the way of people to curse the deaf (and cause the blind to stumble - mentioned at the end of this Pasuk), since the victim, unaware of who did it, cannot retaliate.

5.

Sanhedrin, 67a: "Cheiresh" is La'av Davka. It incorporates anyone who is unfortunte or miserable. 2


1

Oznayim la'Torah: And whom the Yeitzer ha'Ra therefore convinces a person that it is in order to do so.

2

See Torah Temimah, note 78.

3)

What are the implications of "Lifnei Iver Lo Siten Michshol"?

1.

Rashi: It is a prohibition against giving bad advice to anyone who is metaphorically blind 1 (ignorant about a certain matter), such as Reuven who advises Shimon to sell his field in order to purchase a donkey with the proceeds - because he (Reuven) wants the field. 2

2.

Seforno, Targum Onkelos and Targum Yonasan 3 : It means literally that one should not cause a blind man 4 harm by placing a stumbling-block in front of him. 5

3.

Seifer ha'Chinuch (232): It is giving bad advice, which includes helping people to sin. 6

4.

Moshav Zekenim #1: It incorporates feeding someone food that is forbidden to him.

5.

Moshav Zekenim #2: It incorporates deceiving someone, even a Nochri. However, if the Nochri deceived himself, it is permitted (Chulin 94a).

6.

Mo'ed Katan, 5a: It is a hint to mark graves so that Kohanim should not inadvertently become Tamei. 7

7.

Mo'ed Katan, 17a: It incorporates a La'av against hitting one's grown-up son - since he will inevitably be inclined to hit back in self-defense. 8

8.

Kidushin, 32a: It incorporates a La'av against mking one's son angry in a way that he may retaliate. 9

9.

Bava Metzi'a, 75b: Both the lender and the borrower are guilty of "Lifnei Iver ... " 10 , as is someone who initiates a loan without witnesses. 11

10.

Avodah Zarah, 14a: It implies 'Lifnei', but not 'Lifnei de'Lifnei' - two stages before the person will transgress the Isur. 12

11.

Chulin, 7b: It incorporates a La'av against selling a dangerous animal. 13


1

Moshav Zekenim and Ba'al ha'Turim: "Michshol" is written Chaser (without a 'Vav') to include even a stmbling-block that is not a physical one. See Torah Temimah, note 80 from DH 've'Hinei".

2

Mesilas Yesharim (Perek 11): We do not discuss fools, who give a counsel that is overtly bad, rather, Chachamim to do evil. He makes it appear advantageous for his friend, but ultimately it is bad for him and good for the one who advises him.

3

Refer also to Devarim, 27:18:1:3.

4

Oznayim la'Torah: And the Torah mentions a blind man because it is the most common case, or with reference to a case where Reuven hates Shimon, who is blind, and sets about causing him harm without his being aware of who did it - thereby enabling their 'good relationship' to continue. 'He bahaves like Zimri and seeks reward like Pinchas'.

5

Adding causing damage to the list of harming one's fellow-Jew. Refer to 19:12:2:2. Refer also to 19:15:1:2*.

6

Pesachim, 22b: Such as handing a Nazir a cup of wine or Eiver min ha'Chai to a Nochri - which they cannot obtain themselves. See Torah Temimah, note 81.

7

See Torah Temimah, note 82.

8

See also Torah Temimah, note 83.

9

See Torah Temimah, citing Kidushin, Ibid. and note 85.

10

See Torah Temimah, note 89.

11

See Torah Temimah, note 90.

12

Torah Temimah: Such as selling something to a Nochri shopkeeper on the day of their festival, which he will not worship but which he is likely to sell to somebody who will worship it. See also Torah Temimah, note 93.

13

See Torah Temimah, citing Chulin, 7b and note 92.

4)

What is the connection between "Lo Sekalel Cheresh" and "Lifnei Iver ? "?

1.

Seforno: The former refers to actually harning him, the latter, to causing him harm. 1

2.

The connection between harming a deaf person and a blind one is obvious.


1

Refer to 19:1:3:3 and note

5)

Why does the Pasuk insert "ve'Yareisa me'Elokecha" here?

1.

Rashi: Because nobody other than Hashem knows the motivation behind the advice that Reuven gives Shimon. 1


1

Therefore the Torah warns him that Hashem knows - and will punish him. Rashi: Wherever the Torah discusses something that lies in the heart of a person and nobody other than Hashem knows about it, the Torah writes "Ve'yareisa me'Elokecha".

6)

Why does the Torah insert "Ani Hashem" here?

1.

Hadar Zekenim (in Pasuk 13): It can be compared to a king who, when passing a place where taxes are collected, instructs his servants to pay taxes on his behalf - even though the taxes all belonged ot him anyway - in order that others should take their cue from him. Here too, people will learn from Hashem and distance themselves from Gezel (mentioned in the previous Pasuk).

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