All Mishneh Torah works

Sefer Madda

הלכות עבודה זרה וחוקות הגויים

Foreign Worship and Customs of the Nations

The Mishneh Torah (“Repetition of the Torah”), also referred to as Yad HaChazakah (“The Strong Hand”), is a monumental legal code and one of the most organized, comprehensive, and influential works of Jewish law. Written over a period of ten years, the work systematically categorizes and clearly explains all aspects of Jewish observance, including those applicable only in Temple times.

Complete work · 12 chapters · Hebrew + English

100%

Chapter 1

Chapter 1

#1
1

In the days of Enosh, humans made a great error and the sages of that generation gave ignorant advice and Enosh himself was one of those in error. This was their error. They said, since G-d created these stars and the spheres that guide the world and placed them in the heights and treat them with honor and they are the servants that serve before Him. It is fitting to praise them and to glorify them and treat them with honor. This is the will of G-d, blessed be He, that they make great and honor those whom G-d made great and honored like the king who desires to honor those who stand before him and this is the honor of the king. Since this matter arose in their hearts they began to build palaces to the stars and to make sacrifices to them and to praise and glorify them in words and to bow down before them in order to obtain favor of the creator. This is the essence of idolatry. And thus it is said its worshipers know its essence. They would not say that there is no G-d, other than a star. This is what Jeremiah says, "Who will not fear You, Sovereign of the nations, because to you is appropriate. Because among all the wise men of the nations and in all their kingdoms there is none like you. They are both stupid and foolish; the instruction of idols is but wood (Jeremiah 10:7-8)." That is to say, everyone knows that you are unique, but their mistake and their folly that they think of as emptiness is your will.

2

As time went on, first false prophets began to arise amongst humanity, and claimed that G-d commanded and said to them, "Worship such-and-such star—or all of the stars—and offer sacrifices and libations to it. Build it a temple, and create an idol to its form, in order to bow down to it. The entire nation should do this, the women, children, and rest of the laymen." The false prophet would show them the image that he fabricated of his own volition and would say this is the form that he informed the people of in his prophecy. And humanity started on this path, making images in temples, under trees, and on top of mountains and hills. They would gather together and bow down to these idols, saying to the entire nation that this idol has the power to deal kindly and unkindly, and therefore is deserving of worship and fear. Their priests would tell them that such-and-such worship would be successful, so do such-and-such, and don't do such-and-such. And other deceitful people began to say that the star itself, or the sphere, or the angel, spoke with them and told them, "Serve me by doing such-and-such". And they informed the people of this path of worship, saying, "Do such-and-such, and don't do such-and-such." This trend spread throughout the world, to serve the idols with varying practices, to bring sacrifices to them and to bow down to them. As time went on, the Honored and Fearsome Name was forgotten from the mouth of the entire world and from their thoughts, and they did not recognize It. And it was that the laymen, the women, and the children only knew the idol of wood and stone, and the temple of stone that to which from their youth they had been educated to bow and to swear in its name. And the wise people among them, such as their priests and those like them, would make themselves believe that there was no G-d beside the stars and the spheres, in whose honor and form the idols were made. But the Rock of Worlds—only select individuals like Enoch, Methuselah, Noah, Shem, and Ever, knew Him and recognized Him. And on this path did the world continue until the Pillar of the World was born—Abraham Our Father.

3

Once this Might One was weaning, he began to question these practices while he was young, and to ponder day and night. He would wonder, "How could this sun behave like this always, without a Guide, or someone to keep it in motion? Because certainly it is impossible for it to cause itself to orbit." And he had no teacher or informer; rather he was immersed in the idolatrous environment of Ur Kasdim amongst the foolish idol worshippers. His father and mother, along with the rest of the population, were all idol worshippers. He would worship with them, but he would question and wonder, until he found the true and just path from his own correct intuition. And he knew that there is only one G-d, that He guides the sun, that He created everything, and that there exists no other G-d besides Him. And he knew that the entire world was mistaken, and that which lead them astray was that they worshipped the stars and the idols, until they lost the truth. And Abraham was 40 years old when he recognized his Creator. Once he recognized and understood G-d he began to tell others in Ur Kasdim and argue with them, saying that they path which they walk is not the path of truth. And he broke their images and he began to inform them that it was fitting to worship only the one G-d of the World, to bow and bring sacrifices and librations to Him alone, in order so that future generations would know Him. And that it was fitting to abandon and destroy all of the idols, so that the entire nation would not be lead astray, like those who believed they were the only gods. Because Abraham overpowered them with his proofs, the king ordered him to be killed. But a miracle was down for him, and he escaped to Charan. He began to call out in a great voice to the entire world that there was only one G-d, and only He was worthy of worship. And he would travel, and call out, and gather the people from city to city, and state to state, until he arrived in the land of Canaan, and called out [to the inhabitants] there, as it says, "He called there on the name of the Lord, the Everlasting G-d" (Genesis 21:33). And since the people were gathered around him and asking him questions, he would respond to each and every one according to their ability, until he would return him or her to the true path, until multitudes and thousands had been gathered to him. And these are the people of the House of Abraham. He planted within them this major foundation and wrote books about it, and informed Isaac his son about it. And Isaac would teach and warn others. And Isaac informed Jacob and appointed him to teach and sat and strengthen all those following him. And Jacob our Father taught all of his sons, and separated Levi and appointed him the leader of an academy to teach the path of the Name and to observe Abraham's instructions. And he commanded his sons that a appointments from the Children of Levi should never cease so that the teachings would never be forgotten. And this practice continued and grew amongst the children of Jacob and those who accompanied them, and a nation was created in the world that knew G-d. Until Israel's days in Egypt grew longer, and they returned to learning their ways, worshipping stars like the Egyptians—except for the tribe of Levi that upheld the commandments of the Forefathers, and the tribe of Levi never worshipped idols. And the fundamental principle that Abraham had planted was almost completely uprooted and the Children of Yaakov returned to err and to stray. And out of G-d's love for us, he upheld the oath he swore to Abraham, and made Moses our Teacher the Teacher of all the prophets and sent him. And since Moses prophesied, and G-d chose Israel as His portion, He crowned them with commandments and informed them of the way to worship Him, and what the laws would be concerning idol worship and those who err after idols.

Chapter 2

Chapter 2

#2
1

The essence of the commandment [forbidding] the worship of false gods is not to serve any of the creations, not an angel, a sphere, or a star, none of the four fundamental elements, nor any entity created from them. Even if the person worshiping knows that ‘ה is the [true] G-d and serves the creation in the manner in which Enosh and the people of his generation worshiped [the stars] originally, he is considered to be an idol worshiper. The Torah warns us about this, saying [Deuteronomy 4:19]: "Lest you lift your eyes heavenward and see the sun, the moon, and the stars... [and bow down and worship them], the entities which G-d apportioned to all the nations." This implies that you might inquire with "the eye of the heart" and it might appear to you that these entities control the world, having been apportioned by G-d to all the nations to be alive, to exist, and not to cease existence, as is the pattern of [the other creations with] the world. Therefore, you might say that it is worthy to bow down to them and worship them. For this reason, [Deuteronomy 11:16] commands: "Be very careful that your heart not be tempted [to go astray and worship other gods]." This implies that the thoughts of your heart should not lead you astray to worship these and make them an intermediary between you and the Creator.

2

Idolaters wrote many books about its worship: how it's worshiped, its actions and rules. The Holy One, blessed be He commanded us not to read those books at all, and not to think about them or their words. And even to look upon the form of its image is forbidden, as it says "do not turn to the gods." And in this vein, it says (Deuteronomy 12:30) 'Lest you seek their gods saying 'how does one worship [them]" that one should not ask about the form of worship, even though you do not worship it, for such an act causes one to turn after it and to do like they do, as it says (ibid.) "I shall do so, as well"

3

All these prohibitions have one common thrust: that one should not pay attention to idol worship. Whoever performs a deed that reflects his concern with [idol worship] receives lashes [as punishment]. The worship of false gods is not the only subject to which we are forbidden to pay attention; rather, we are warned not to consider any thought which will cause us to uproot one of the fundamentals of the Torah. We should not turn our minds to these matters, think about them, or be drawn after the thoughts of our hearts. In general, people have limited powers of understanding, and not all minds are capable of appreciating the truth in its fullness. [Accordingly,] were a person to follow the thoughts of his heart, it is possible that he would destroy the world because of his limited understanding. What is implied? There are times when a person will stray after star worship, and times when he will wonder about G-d's oneness: Perhaps He is one, perhaps He is not? [He might also wonder:] What exists above, [in the heavenly realms]? What exists below [them]? What was before time? What will be after time? Similarly, [one might wonder about] prophecy: Perhaps it is true, perhaps it is not? And [one may also wonder] about the Torah: Perhaps it emanates from G-d, perhaps it does not? Since he may not know the guidelines with which to evaluate [ideas that will lead him] to the truth in its fullness, he may come to heresy. The Torah has warned about this matter, saying [Numbers 15:39]: "Do not stray after your hearts and eyes, which have led you to immorality" - i.e., each one of you should not follow his limited powers of understanding and think that he has comprehended the truth. Our Sages [interpreted this warning]: "After your hearts," this refers to heresy; "after your eyes," this refers to immorality. This prohibition - though [severe,] causing a person to be prevented [from attaining a portion] in the world to come - is not punishable by lashes.

4

The commandment [forbidding] the worship of false gods is equivalent to all the mitzvot, as [implied by Numbers 15:22]: "Lest you err and not perform all the mitzvot...." The oral tradition teaches that the verse refers to the worship of false gods. Thus, we learn that anyone who acknowledges a false god denies the entire Torah in its totality, all the works of the prophets, and everything that has been commanded to the prophets from Adam, [the first man,] until eternity, as [Numbers 15:23] continues: "...from the day G-d issued His commandments and afterwards, for your future generations." [Conversely,] anyone who denies the worship of false gods acknowledges the entire Torah in its totality, all the works of the prophets, and everything that has been commanded to the prophets from Adam, [the first man,] until eternity. [This acknowledgement] is fundamental to all of the mitzvot.

5

A Jew who serves false gods, is like a gentile in all matters. And he is not like a Jew who violated another transgression punishable by being stoned to death. An apostate who worships false gods, is like an apostate to all matters in the Torah. And similarly Jewish minnim (heretics) are not considered like a Jew in any matter. And we never accept there repentance, because the verse states: "None that go to her repent, nor will they regain the paths of life" and minnim (heretics) are people who: go after there thoughts of there hearts, and foolish things which were said, until they ultimately transgress against the body of Torah arrogantly, with scorn, with the intent of provoking G-d's anger, and yet say that there is no sin involved. It is prohibited to speak to them or to respond to them at all as the verse states "Do not come close to her door." and we can assume that every though of a min is towards worshiping false idols.

6

Whoever accepts a false god as true, even when he does not actually worship it, disgraces and blasphemes [G-d's] glorious and awesome name. This applies both to one who worships false gods and to one who curses G-d's name [as is obvious from Numbers 15:30]: "If a person commits [an act of idolatry] highhandedly, whether he be a native born [Jew] or a convert, he is blaspheming G-d." Therefore, a person who worships false gods is to be hanged, just as one who blasphemes against G-d is hanged. Both are executed by being stoned to death. Therefore, I have included the laws applying to a blasphemer in Hilchot Avodat Kochavim. Both deny the fundamental principle [of Jewish faith].

7

These are the laws which govern a blasphemer: A blasphemer is not liable to be stoned to death until he states G-d's unique name, which possesses four letters: א-ד-נ-י, and curses that name with one of the names of G-d which are forbidden to be erased, as [Leviticus 24:16] states: "One who blasphemes G-d's name...." One is obligated to be stoned to death for blaspheming G-d's unique name. [Should he blaspheme] the other names for G-d, he [transgresses] a prohibition. There are those who state that one is liable [for execution] only when one blasphemes the name י-ה-ו-ה. I, however, maintain that one should be stoned to death in both instances.

8

Which verse serves as the warning prohibiting blasphemy? [Exodus 22:27]: "Do not curse G-d." [The procedure for the trial of a blasphemer is as follows:] Each day [when] the witnesses are questioned, [they use] other terms for G-d's name, [stating,] "May Yosse strike Yosse." At the conclusion of the judgment, all bystanders are removed [from the courtroom]. The judges question the witness of greatest stature and tell him, "Tell us what you heard explicitly." He relates [the curse]. The judges stand upright and rend their garments. They may not mend them [afterwards]. The second witness states: "I also heard as he did." If there are many witnesses, they must all say, "I heard the same."

9

[The fact that] a blasphemer retracts his statements in the midst of speaking is of no consequence. Rather, once he utters blasphemy in the presence of witnesses, he is [liable for execution by] stoning. Should a person curse G-d's name with the name of a false god, the zealous may strike him and slay him. If the zealous do not slay him and he is brought to court, he is not [condemned to] be stoned. [That punishment is administered] only when one curses G-d's name with another one of His unique names.

10

Whoever hears the blasphemy of G-d's name is obligated to rend his garments. Even [when one hears] the blasphemy of other terms used to describe G-d, one is obligated to rend his garments. The above applies when one hears [the blasphemy] from a fellow Jew. [In that instance,] both one who hears the actual blasphemy and one who hears it from the witnesses is obligated to rend his garments. In contrast, one who hears a gentile [blaspheme G-d's name] is not obligated to rend his garments. Elyakim and Shevna rent their garments [as described in Isaiah 36:22] only because Ravshakeh was an apostate Jew. [Before his execution,] all the witnesses and the judges place their hands on the head of the blasphemer and tell him: "You are responsible for your death. You brought it upon yourself." Only a blasphemer - and none of the other offenders executed by the court - has [the judges and witnesses] place their hands upon his head, as [Leviticus 24:14] states: "And all those who hear shall place their hands on his head."

Chapter 3

Chapter 3

#3
1

Whoever worships idols willingly, intentionally, they are punishable by kares and if there were witnesses and warning, stoning. By accident, they bring a set sin-offering (chatas).

2

The gentiles established various different services for each particular idol and image. These services do not [necessarily] resemble each other. For example, Pe'or is served by defecating before it. Marculis is served by throwing stones at it or clearing stones away from it. Similarly, other services were instituted for other idols. One who defecates before Marculis or throws a stone at Pe'or is free of liability until he serves it according to the accepted modes of service, as [implied by Deuteronomy 12:30]: "[Lest one inquire about their gods, saying,] 'How did these nations serve their gods? I will do the same.'" For this reason, a court must know the types of worship [practiced by gentiles], because an idolater is stoned to death only when we know that [he has worshiped a false god] in the mode in which it is traditionally worshiped.

3

The warning [forbidding] such worship and the like is the verse [Exodus 20:5] which states: "Do not serve them." When does the above apply? with regard to services other than bowing, slaughtering [an animal], bringing a burnt offering, and offering a libation. A person who performs one of these four services to any one of the types of false gods is liable, even though this is not its accepted mode of service. How is this exemplified? A person who offers a libation to Pe'or or slaughters [an animal] to Marculis is liable, as [implied by Exodus 22:19]: "Whoever slaughters [an animal] to any deity other than G-d alone must be condemned to death." [Liability for performing the other services can be derived as follows:] Slaughter was included in the general category of services [forbidden to be performed to false gods]. Why was it mentioned explicitly? To teach [the following]: Slaughter is distinct as one of the services of G-d, and one who slaughters to false gods is liable to be executed by stoning. Similarly, with regard to any service which is distinct as one of the services of G-d, if a person performs it in worship of other gods, he is liable. For [a similar reason, Exodus 34:14] states: "Do not bow down to another god," to teach that one is liable for bowing down [to another god] even when this is not its accepted mode of service. The same applies to one who brings a burnt offering or pours a libation. Sprinkling [blood] is considered the same as pouring a libation.

4

[Even if] one pours feces before it or pours a libation of urine from a chamber pot before it, one is liable. If one slaughters a locust before it, one is not liable, unless this is the mode of service of that deity. Similarly, if one slaughters an animal lacking a limb for it, one is not liable, unless this is the manner of service of this deity. [The following rules apply when] a false god is worshiped by [beating with] a staff [before it]: If one breaks a staff before it, one is liable [for the worship of false gods], and [the deity] is forbidden. If one threw a staff before it, one is held liable, but [the deity] is not forbidden, because throwing a staff is not considered equivalent to sprinkling blood. The staff remains as it was, while the blood spatters [in different directions]. A person who accepts any one of the various false gods as a deity is liable for [execution by] stoning. Even one who lifted up a brick and said, "You are my god," or the like, is liable. Even if he retracted his statements in the midst of speaking and said, "This is not my G-d," his retraction is not significant and he should be stoned [to death].

5

Anyone who serves a false god through its accepted mode of service - even if he does so in a derisive manner - is liable. What is implied? When a person defecates before Pe'or to repudiate it, or throws a stone at Marculis to repudiate it - since this is the manner of serving them - the person is liable and must bring a sacrifice [to atone for] his inadvertent transgression.

6

[The following rules apply when] a person serves a false deity out of love - i.e., he desires an image because its service is very attractive - or when one serves it out of his fear of it - i.e., he fears that it will harm him - as the [idol] worshipers fear [their deities as sources of] benefit and harm: If he accepts it as a god, he is liable to be stoned to death. If he serves it out of love or fear through its accepted mode of service or through one of the four services [mentioned above], he is not held liable. One who embraces a false deity, kisses it, sweeps before it, mops before it, washes it, anoints it, dresses it, places shoes upon it, or performs any similar act of deference violates a negative commandment, as [implied by Exodus 20:5]: "Do not serve them." Such acts are also "service." The offender is, nevertheless, not liable for lashes, because [these services] are not [mentioned] explicitly [by the Torah]. If one of the above services was the accepted mode of worship [of a particular deity] and a person performed this service as an act of worship, he is liable [for execution].

7

If a splinter becomes stuck in a person's foot before an idol, he should not bend down to remove it, because it appears that he is bowing down to the idol. If money belonging to a person becomes scattered before an idol, he should not bow down and pick it up, because it appears that he is bowing down to the idol. Instead, he should sit down, and then pick it up.

8

A person should not place his mouth over the mouths of statues which serve as fountains that are located before false deities in order to drink, because it appears that he is kissing the false deity.

9

A person who has a false god made for himself - even though he, himself, did not actually fashion it, nor worship it - is [punished by] lashing, as [Exodus 20:5] states: "Do not make for yourself an idol or any representation." Similarly, a person who actually fashions a false god for others, even for idolaters, is [punished by] lashing, as [Leviticus 19:4] states: "Do not make molten gods for yourselves." Accordingly, a person who actually fashions a false god for himself receives two measures of lashes.

10

It is forbidden to create images for decoration, even if they are not for idolatrous purposes. As it states, "You shall not make with me [Gods of silver and gold -- do not make them for yourselves] (Exodus 20:20)". That is to say, not even gold and silver images which are for decoration, in order not to let people come to the mistaken impression that they are for idolatry. The prohibition of decorative images is specifically regarding the human form. Therefore, wood, plaster, or stone cannot be shaped into the human form. This is when the form is in relief, for example the type of reliefs or imagery employed on basins in palaces, etc. One who creates such an image receives lashes. However if the image was a sunken form, or a painted image such as those placed on panels, or an image created from weaving threads, it is permitted.

11

[The following rules apply regarding] a signet ring which bears a human image: If the image is protruding, it is forbidden to wear it, but it is permitted to use it as a seal. If the image is an impression, it is permitted to wear it, but it is forbidden to use it as a seal, because it will create an image which protrudes. Similarly, it is forbidden to make an image of the sun, the moon, the stars, the constellations, or the angels, as [implied by Exodus, ibid.]: "Do not make with Me [gods of silver...]" - i.e., do not make images of My servants, those who serve before Me on high. This [prohibition] applies even [to pictures] on tablets. The images of animals and other living beings - with the exception of men - and similarly, the images of trees, grasses, and the like may be fashioned. This applies even to images which protrude.

Chapter 4

Chapter 4

#4
1

Those who lead [the inhabitants of] a Jewish city astray are executed by stoning, even though they themselves did not worship a false deity, but [merely] proselytized to the inhabitants of their city until they worshiped it. The inhabitants of the city that has been led astray (עיר הנדחת) are executed by decapitation if they worshiped a false deity or accepted it as a god. What is the source that serves as a warning against proselytizing on behalf of a false deity? "Let not [the name of another deity] be heard through your mouth."

2

A city is not condemned as an עיר הנדחת until two or more individuals attempt to lead its inhabitants astray, as [Deuteronomy 13:14] states: "Unfaithful people have emerged.... and have led astray the inhabitants of their city." The people who lead them astray must be from that tribe and from that city, as [the verse continues]: "from your midst." Those led astray must be the majority [of the city's inhabitants]. They must number from [at least] 100 to the majority of the tribe. If, however, the majority of the tribe is led astray, they are judged as individuals, as implied by [the phrase in the following verse]: "the inhabitants of the city;" neither a small village nor a large metropolis. If there are fewer than 100, it is considered a small village. If the majority of the tribe is involved, it is considered to be a large metropolis. Similarly, the laws applying to an עיר הנדחת are not enforced if: the people who led them astray were women or minors, they were led astray by a single individual, a minority of the city were led astray, they turned to idols on their own initiative, or if those who led them astray came from outside the city. Instead, [the violators] are considered to be individuals who worshiped false deities. All those who worshiped are executed by stoning, and their estate is given to their heirs like all others executed by a court.

3

The laws of an עיר הנדחת are enforced only by a court of 71 judges, as [implied by Deuteronomy 17:5]: "And you shall take the man or woman who did that wicked thing to your gates." [This can be interpreted to mean:] Individuals are executed by the courts which are found at the gates [of every city]. A multitude are only executed by the supreme court.

4

None of the cities of refuge can ever be condemned as an עיר הנדחת, as [implied by Deuteronomy 13:13]: "one of your cities." [Similarly,] Jerusalem can never be condemned as an עיר הנדחת, because it was not divided among the tribes. A border city is never condemned as an עיר הנדחת, so that gentiles will not enter and destroy Eretz Yisrael. One court should not condemn three cities located next to each other as an עיר הנדחת. If [the cities] are separated from each other, they may condemn them.

5

[A city] is not condemned as an עיר הנדחת unless those who proselytize [the inhabitants] address them in the plural, telling them, "Let us go and worship," "Let us go and sacrifice," "Let us go and bring a burnt offering," "Let us go and offer a libation," "Let us go and bow down," or "Let us go and accept [the deity] as a god." [The inhabitants] must listen and then worship [the deity] with its accepted mode of worship, or through one of the four modes of worship [mentioned in Chapter 3, Halachah 3], or accept it as a god. What happens if all these conditions are not fulfilled with regard to a city or those who proselytize [its inhabitants]? Warnings are given to each person who worships false gods, and testimony [is delivered against them]. They are executed by stoning as individuals who worshiped false gods, and their estate is given to their heirs.

6

What is the judgment rendered against an עיר הנדחת when all the criteria for that judgment have been met? The supreme Sanhedrin sends [emissaries] who investigate and probe until they have established clear proof that the entire city - or the majority of its inhabitants - have turned to the worship of false gods. Afterwards, they send two Torah sages to warn them and to motivate them to repentance. If they repent, it is good. If they continue their wicked ways, the court commands the entire Jewish people to take up arms against them. They lay siege to the city and wage war against it until the city falls. When the city falls, very many courts are set up, and [the inhabitants] are judged. All those people against whom two witnesses testify that they worshiped a false deity after receiving a warning are separated. If those who worshiped [the false deity] constitute only a minority [of the city's inhabitants], they are stoned to death, but the rest of the city is saved. If they constitute a majority, they are brought to the supreme Sanhedrin and their judgment is concluded there. All those who worshiped [the false deity] are executed by decapitation. If the entire city was led astray, all of the inhabitants including the women and the children are slain by the sword. If a majority of the inhabitants were led astray, the transgressors' wives and children are slain by the sword. Whether the entire city or only a majority of its inhabitants were led astray, those who proselytized [on behalf of the false deity] are stoned to death. All the property within it is collected within its main street. If it does not have a main street, a main street is made for it. If its main street is located outside its confines, its wall is extended until its [main street] is included within its confines, as [implied by Deuteronomy 13:17]: "[Gather all its goods] in the midst of its main street." All live animals that are contained within are slain. All its property and the city [as a whole] are burned with fire. Burning them fulfills a positive commandment, as [the verse continues]: "Burn the city and all its goods entirely."

7

The property of the righteous men - i.e., the remainder of the city's inhabitants who were not led astray with the majority - that is located within the city should be burned together with all its property. Since they resided there, their fortunes are destroyed. Whoever derives even the slightest benefit from [the city's property] receives a single measure of lashes, as [Deuteronomy 13:18] states: "Let nothing that has been condemned remain in your possession."

8

[The following rules apply when] the witnesses who testified against an עיר הנדחת were disqualified as zomemim: Whoever takes possession of any property is considered to have acquired it and may derive benefit from it, since the [incriminating testimony - and thus, the judgment based upon it -] has been nullified. Why do they acquire it? Because each of the city's inhabitants gave up ownership of his property after the judgment was rendered. [An עיר הנדחת] may never be rebuilt, and a person who rebuilds it is [liable for] lashes, as [Deuteronomy 13:17] states: "...never to be rebuilt." It is permitted to use it for gardens and orchards. "Never to be rebuilt" implies only that it should not be rebuilt as a city, as it was previously.

9

[The following laws apply to] a caravan which journeys from one place to another, passes through an עיר הנדחת, and is led astray with it: If they had remained [in the city] thirty days, they are executed by decapitation and their property is condemned. If they were there for a lesser period, they are executed by stoning, but their property is given to their heirs.

10

Property belonging to people of other cities which is kept within [an עיר הנדחת] is not burned, but rather is returned to its owners. [This applies] even when [the inhabitants of the עיר הנדחת] accepted responsibility for it, as implied by [Deuteronomy 13:17]: "its goods" - i.e., its goods, and not those belonging to others. [The following rules apply to] property belonging to the wicked - i.e., those who were swayed [to idol worship] - which was kept in other cities. If [that property] was gathered together with the property of the עיר הנדחת, they are burned together. If not, it is not destroyed, but rather is given to the heirs.

11

If an animal which partially belongs to [an inhabitant of] an עיר הנדחת and partially belongs to [a person living in] another city is found within [the עיר הנדחת], it is forbidden. [In contrast,] a loaf of bread which is owned by such [partners] is permitted, because it can be divided.

12

It is forbidden to benefit from an animal which belongs to [an inhabitant of] an עיר הנדחת and which was slaughtered, just as it is forbidden to derive benefit from an ox which was condemned to be stoned and was slaughtered. We are permitted to benefit from the hair of both men and women of [the condemned city]. A wig, however, is considered part of "its goods," and is therefore forbidden.

13

Produce which is connected [to its source of nurture] is permitted, as [implied by Deuteronomy 13:17]: "Gather [all its goods...] Burn..." - i.e., this includes only those articles which must merely be gathered and burned, and thus excludes produce which is still connected [to its source of nurture], and would have to be severed and gathered in order to be burned. The same principle applies to [the inhabitants'] hair. Needless to say, the trees themselves are permitted and are bequeathed to the heirs. [The following rules apply to] the consecrated property within it: Those animals which were consecrated to be sacrificed on the altar themselves must die, since "the sacrifices of the wicked are an abomination" [Proverbs 21:27]. Property which is consecrated for the purposes of the Temple must be redeemed, and afterwards is burned, [as implied by the word] "its goods" - its goods and not those which are consecrated.

14

[The following rules apply to] firstborn animals and the animal tithes that are found within [the עיר הנדחת]: Those that are unblemished are considered to be animals consecrated to be sacrificed on the altar and must die. Those that are blemished are considered to be "its animals," and are slain [with them]. [The following rules apply to] terumah which is contained within the city: If it has already been given to a priest, it should be allowed to rot, because it is considered his private property. If it is still in the possession of an Israelite, it should be given to a priest in another city, because it is considered to be "the property of heaven," and its consecrated nature extends to its actual substance.

15

The second tithe, money used to redeem the second tithe, and sacred writings in it must be entombed.

16

Anyone who administers the judgment of an עיר הנדחת is considered as if he offered a burnt offering consumed entirely by fire, as [Deuteronomy 13:17] states: "...entirely for the sake of G-d, your Lord." Furthermore, such action diverts [Divine] wrath from the Jews, as [the following verse continues]: "so that G-d's fierce anger will be allayed," and it brings them blessing and mercy [as the verse] states: "And He will grant you mercy. He will deal mercifully with you and will make you flourish."

Chapter 5

Chapter 5

#5
1

A person who proselytizes [a mesit] to any single Jew [a musat] - whether man or woman - on behalf of false deities should be stoned to death. [This applies] even if neither the mesit or the musat actually worshiped the false deity. As long as he instructed him to worship [the false deity], he should be executed by stoning, regardless of whether the mesit was a prophet or an ordinary person, or whether the musat was a single individual - man or woman - or whether several people were proselytized.

2

A person who proselytizes the majority of the inhabitants of a city is called a madiach rather than a mesit. If the person who leads the majority of a city astray is a prophet, he is executed by stoning, and the people who were led astray are judged as individuals, and are not considered to be inhabitants of an עיר הנדחת. [For the latter laws to be applied,] two people must proselytize them. If a person says: "A false deity told me: 'Serve me,'" or "The Holy One, blessed be He, told me: 'Serve a false deity'" - he is considered a prophet who leads others astray. If the majority of the city's inhabitants are swayed by his words, he should be stoned to death. A mesit should be stoned to death whether he proselytizes in plural terms or in singular. What is implied? He is considered a mesit if he tells a colleague, "I will worship a false deity. [Follow me.] I will go and worship..." or "Let us go and worship following the particular rite with which that deity is served," "I will slaughter. [Follow me.] I will go and slaughter..." or "Let us go and slaughter," "I will bring a burnt offering. [Follow me.] I will go and bring a burnt offering..." or "Let us go and bring a burnt offering," "I will offer a libation. [Follow me.] I will go and offer a libation..." or "Let us go and offer a libation," or "I will bow down. [Follow me.] I will go and bow down..." or "Let us go and bow down." When a person proselytizes two individuals, they may serve as witnesses against him. They should summon him to court and testify against him, relating what he told them, and the mesit is stoned.

3

A mesit does not need a warning. If one proselytizes a single individual, the latter should tell him, "I have friends who would also be interested in this," and thus he should lure him into proselytizing before two people, so that the mesit can be executed. If the mesit refuses to proselytize before two people, it is a mitzvah to set a trap for him. A trap is never set for a person who violates any of the Torah's other prohibitions. This is the only exception. How is the trap set for him? The musat should bring two people and place them in a dark place where they can see the mesit and hear what he is saying without his seeing them. He tells the mesit: "Repeat what you told me privately." [When] he does so, the musat should reply: "How can we forsake our G-d in heaven and serve wood and stone?" If [the mesit] retracts or remains silent, he is not held liable. If he tells him, "This is our obligation and this is beneficial to us," those who stand far off have him summoned to court and stoned.

4

It is a mitzvah for the musat to kill [the mesit], as [Deuteronomy 13:10] states: "Your hand must be the first against him to kill him." It is forbidden for the musat to love the mesit, as [the previous verse states]: "Do not be attracted to him." Since [Exodus 23:5] states with regard to an enemy: "You must surely help him," [the question arises:] Perhaps you should help a mesit? The Torah [Deuteronomy, ibid.] teaches, "Do not... listen to him." Since [Leviticus 19:16] teaches: "Do not stand idly over your brother's blood," [the question arises:] Perhaps you should not stand idly over a mesit's blood? The Torah teaches, [Deuteronomy, ibid.] "Do not let your eyes pity him." The musat is forbidden to advance any arguments on his behalf, as [the verse continues,] "Do not show him any compassion." If he knows incriminating evidence, he is not permitted to remain silent, as [the verse continues,] "Do not try to cover up for him." What is the verse which serves as a warning against a common person proselytizing as a mesit? "And all Israel will hear and they will become afraid [and they will not continue to do such evil things]" (Deuteronomy 13:12 .

5

[The following rules apply to] a person who proselytizes others by telling them to worship him: Should he tell them: "Worship me," and they worship him, he should be stoned. If they did not worship him, even though they accepted and agreed to his statements, he is not liable for stoning. In contrast, if he proselytizes by telling them to worship another man or another false deity, [different rules apply:] If they accept his statements and say, "We will go and worship," even if they have not actually worshiped, both of them - the mesit and the musat - should be stoned. [Deuteronomy 13:9] states: "Do not be attracted to him or listen to him." Thus, if one was attracted and listened, one is held liable.

6

What is meant by [the expression], a prophet who prophesies in the name of false gods? A person who says: "This false deity or this star told me that we are commanded to do such and such or to refrain from doing so." [This applies] even when he stated the law accurately, labeling the impure as impure and the pure as pure. If a warning was given to him [beforehand], he is executed by strangulation, as [Deuteronomy 18:20] states: "And one who speaks in the name of other gods, that prophet shall die." The warning against this [transgression] is included in the statement, [Exodus 23:13:] "And you shall not mention the name of other gods."

7

It is forbidden to enter into a discussion or a debate with one who prophesies in the name of a false deity. We may not ask him to perform a sign or wonder, and if he does so on his own accord, we should pay no attention to it nor think about it. Whoever contemplates about the wonders [he performed, thinking], "Perhaps they are true," violates a negative commandment, as [Deuteronomy 13:4] states: "Do not listen to the words of that prophet." Similarly, a false prophet should be executed by strangulation. [He is to be executed] although he speaks in the name of G-d and neither adds to nor diminishes [the mitzvot], as [Deuteronomy 18:20] states: "However, the prophet who dares to speak a matter in My name which I did not command - that prophet shall die."

8

[The category of] a false prophet includes: a) one who "prophesies" regarding something that was never heard through prophetic vision; b) one who "prophesies" about a subject which he heard from another prophet, saying that this prophecy was given to him. [Both of these individuals] are to be executed by strangulation.

9

Anyone who refrains from executing a false prophet because of the latter's [spiritual] level, [as expressed by] his adherence to the paths of prophecy, violates a negative commandment, as [Deuteronomy 18:22] states: "Do not fear him." Similarly, included within [the scope of the prohibition:] "Do not fear him" are one who withholds incriminating testimony against [a false prophet] and one who is afraid or in awe of his words. A false prophet may be tried only by the [supreme] court of 71 judges.

10

A person who makes a vow or takes an oath in the name of a false deity is [liable for] lashes, as [Exodus 23:13] states: "And you shall not mention the name of other gods." [This applies] both to one who takes such an oath for his own reasons and to one who takes such an oath because of a gentile. It is forbidden to have a gentile take an oath on his deity. It is even forbidden to mention the name of a gentile deity without any connection to an oath, as [implied by the expression], "You shall not mention."

11

A person should not tell a colleague: "Wait for me near a particular false deity," or the like. It is permitted to mention the name of any false deity that is mentioned in the Bible - e.g., Peor, Ba'al, Nevo, Gad, and the like. It is forbidden to cause others to take oaths or vows in the name of false deities. [In regard to all these prohibitions,] the only [transgressor] liable for lashes is one who [himself] makes a vow or an oath in the name [of a false deity].

Chapter 6

Chapter 6

#6
1

Anyone who willingly, as a conscious act of defiance, performs the deeds associated with an ov or a yid'oni is liable for karet. If witnesses were present and warned him, he should be stoned to death. If he performed these actions inadvertently, he must bring a fixed sin offering. What do the deeds associated with an ov involve? A person stands up and offers an incense offering of known content. He holds a wand of myrtle in his hand and waves it while whispering a known incantation in a hushed tone. [This continues] until the person making the inquiry hears a voice, as if another person is speaking to him and replying to his questions. It appears as if the words are coming from below the earth in a very low tone, to the extent that it cannot be perceived by the ear, but only sensed by thought. Similarly, among the deeds associated with an ov is taking the skull of a corpse, offering incense, and chanting incantations until one hears a voice in a very low tone emanating from his armpits and replying [to his questions]. Anyone who performs one of these acts should be stoned to death.

2

What do the deeds associated with a yid'oni involve? A person places a bone from a bird whose name is yidua in his mouth, offers incense, and performs other deeds until he falls into a trance, [losing self-control] like an epileptic, and relates events which will occur in the future. All of these are types of idol worship. What is the source for the warning against them? [Leviticus 19:31]: "Do not turn to the ovot or the yid'onim."

3

Anyone who willingly, as a conscious act of defiance, gives of his progeny to Molech is liable for karet. If he did so inadvertently, he must bring a fixed sin offering. If witnesses were present and warned him, he should be stoned to death, as [Leviticus 20:2] states: "Whoever gives of his progeny to Molech will surely die. The people will stone him." Which verse serves as a warning for this [prohibition]? "Do not give of your progeny to Molech" [Leviticus 18:21]. Also, further on [Deuteronomy 18:10] states: "There shall not be found among you one who passes his son or daughter through fire." What was done? A person would kindle a great fire and then take some of his progeny and give them to the priests who serve the fire. After the child was given to them, the priests return the son to his father to pass him through the fire at his will. The father of the child is the one who passes his child through the fire with the priests' permission. He passes him through the fire from one side to the other [while carrying him, the father walking on] his feet in the midst of the flames. Thus, [the father] does not cremate his son to Molech, as sons and daughters are cremated in the worship of other deities. Rather, this form of worship called Molech involved merely passing [the child through the fire]. Therefore, if one performed this service to a deity other than Molech, one is not liable.

4

One is not liable for karet or stoning until one gives over his son to Molech, passing him through the fire as he carries him. If he gives him over, but does not pass him through the flames, or passes him through the flames without giving him over, or gives him over and passes him through the flames, but does not carry him, he is not held liable. He is not held liable until he gives over some of his progeny and leaves some of his progeny, as [implied by Leviticus 20:3]: "For he gave of his progeny to Molech" - i.e., some [of his progeny] and not his entire [progeny].

5

[The prohibition against giving one's progeny to Molech includes:] both progeny of legitimate pedigree and illegitimate pedigree, sons and daughters, children and grandchildren. One is liable for giving over any of one's descendants, because they are all included in the term "progeny." In contrast, if one passed one's brothers, sisters, or ancestors [through the fire] or if one caused oneself to be passed through the fires, one is not held liable. A person who passes one of his progeny [through the fire] while he is sleeping or blind is not liable.

6

A monument which the Torah has forbidden is a structure around which people gather. [This prohibition applies] even [when it was constructed] for the service of G-d, because this is a pagan practice, as [Deuteronomy 16:22] states: "Do not erect a monument which G-d hates." Whoever erects a monument is [liable for] lashes. Similarly, [a person who bows down on] the kneeling stone mentioned in the Torah receives lashes - even if he prostrates oneself upon it to G-d - as [Leviticus 26:1] states: "Do not place a kneeling stone in your land to prostrate yourself upon it." The pagans would customarily place a stone before a false deity so that they could prostrate themselves upon it. Therefore, this practice is not followed in the worship of G-d. A person is not [liable for] lashes until he spreads out his hands and feet on the stone, thus prostrating himself on it entirely. This is what the Torah means by bowing.

7

Where does the [prohibition mentioned above] apply? Every place outside the Temple. In the Temple, however, it is permitted to bow down to G-d on stone. This concept is derived as follows: [Leviticus, ibid.] states: "Do not place... in your land." "In your land," it is forbidden to prostrate oneself on stones. You may, however, prostrate yourself on hewn stones in the Temple. For this reason, it is a universally accepted custom among the Jewish people to place mats, straw, or hay in synagogues that are paved with stones, to separate between their faces and the stones. If it is impossible to find anything to separate between them and the stones, the person should go to another place to prostrate himself, or lie on his side, so that he will not press his face to the stone.

8

A person who prostrates himself to G-d upon paved stones without spreading out his hands and feet is not [liable for] lashes. He is, however, punished by "blows for rebelliousness." In contrast, one who prostrates himself to a false deity should be stoned to death, whether or not he spreads out his hands and feet. As soon as he buries his face in the ground [he is liable].

9

A person who plants a tree near the altar or anywhere in the Temple courtyard - regardless of whether it is a fruit-bearing tree or not - is [liable for] lashes, as [Deuteronomy 16:21] states: "Do not plant an asherah or any other tree near the altar of G-d, your Lord." [This prohibition applies] even when he did so to beautify the Temple and make it more attractive. [The reason for this prohibition is] that this was a pagan practice. They would plant trees near their altars so that people would gather there.

10

It is forbidden to construct a porch made of wood in the Temple as one would do in one's courtyard. Even though [the wood would be affixed] within the structure and not planted within the ground. This is an extra restriction, as [implied by the words:] "any other tree" [in the verse cited above]. Instead, all the porches and structures which protruded from the walls within the sanctuary were of stone and not of wood.

Chapter 7

Chapter 7

#7
1

It is a positive commandment to destroy false deities, all their accessories, and everything that is made for their purposes, as [Deuteronomy 12:2] states: "You shall surely destroy all the places [where the gentiles... served their gods]" and, as [implied by Deuteronomy 7:5]: "Rather, what you should do to them is tear down their altars." In Eretz Yisrael, the mitzvah requires us to hunt after idol worship until it is eradicated from our entire land. In the diaspora, however, we are not required to hunt after it. Rather, whenever we conquer a place, we must destroy all the false deities contained within. [The source for this distinction is Deuteronomy 12:3, which] states: "And you shall destroy their name from this place," [implying that] you are obligated to hunt false deities in Eretz Yisrael, but you are not obligated to do so in the diaspora.

2

It is forbidden to benefit from false deities, their accessories, offerings for them, and anything made for them, as [implied by Deuteronomy 7:26]: "Do not bring an abomination to your home." Anyone who derives benefit from any of the above receives two measures of lashes: one because of the prohibition, "Do not bring an abomination...," and one because of the prohibition, "Let nothing which is condemned cling to your hand."

3

It is forbidden to benefit from an animal which was sacrificed to false deities in its entirety - even its excrement, its bones, its horns, its hooves, and its hide. It is forbidden to benefit from it at all. To cite an example, the hide of an animal which is marked by a sign that indicates that it was offered as a sacrifice to false deities - e.g., it has a round hole in the place of the heart through which the heart is extracted, which was a common practice [of idolaters] - It is forbidden to benefit from all of these hides and others of the like.

4

What is the difference between an idol belonging to a gentile and one belonging to a Jew? It is forbidden to benefit from an idol belonging to a gentile immediately [after it is fashioned], as [implied by Deuteronomy 7:25]: "You shall burn the sculptures of their gods with fire" - i.e., they are considered gods as soon as they have been sculpted. [In contrast,] it is not forbidden to benefit from a Jew's [idol] until he worships it, as [implied by Deuteronomy 27:15]: "[Cursed is the person who makes an idol...] and places it in a hidden place" - i.e., it is not forbidden until he does private acts - i.e., worship - on its behalf. The accessories of idol worship, whether belonging to a Jew or to a gentile, are not forbidden until they were actually used for the purpose of idol worship.

5

[When] a person makes an idol for another person - although he receives lashes - his wage is permitted. [This applies] even when he made [the idol] for a gentile, and it is therefore forbidden immediately. [What is the rationale for the latter decision? The idol] is not forbidden until it is completed and the hammer-stroke which completes it is not worth a penny. [The following rules apply when] a person buys scrap metal from a gentile and finds idols within it: If he has already paid the money, but has not taken possession of it, he should return it to the gentile. The same [rules] apply if he took possession of it, but did not pay the money. Though taking possession represents a formal transfer of ownership in dealings with a gentile, the transaction was made in error. If he paid the money and took possession [of the scrap], he must take [the idols] to the Dead Sea. Similarly, when a gentile and a convert [divide] the estate of their father - a gentile - the convert may tell the gentile, "Take the idols and I will take the money," "Take the forbidden wine and I will take the produce." Once [idols] come into the possession of the convert, however, they are forbidden.

6

We are allowed to benefit from images which gentiles made for aesthetic purposes. It is forbidden, however, to benefit from images that are made for the purpose of idol worship. What is implied? It is forbidden to benefit from any images found in villages, for one may assume that they were made for the sake of idol worship. When images are found in a city, they are forbidden only when they are found at the entrance to the city and hold a staff, bird, globe, sword, crown, or ring in their hands. Otherwise, we may assume that they were made for aesthetic purposes, and benefit from them is permitted.

7

Statues of false deities which are found discarded in the marketplace or in a scrap metal heap are permitted. Needless to say, this applies to pieces of statues. In contrast, should one find a hand, a foot, or another limb from the form of one of the constellations or celestial signs, it is forbidden to benefit from it. Since one knows that this limb is one of the images that is worshiped, the prohibition against [benefiting from it] remains until one knows that the gentiles who worshiped it, nullified it.

8

[The following laws apply when] a person finds articles which have the form of the sun, the moon, or a d'rakon upon them: If they are golden or silver objects, or silk garments, or if these forms were engraved on a nose-ring or finger-ring, they are forbidden. If these forms are found on other articles, they are permitted, since we may assume that they were made for aesthetic purposes. Similarly, we may assume that any other form which is found on an article was intended for aesthetic purposes. Therefore, [the articles] are permitted.

9

A false deity, its accessories, and the objects offered to it are always forbidden, regardless of the proportion [of a mixture they make up]. What is implied? If an idol becomes mixed together with statues made for aesthetic purposes - even if the proportion is merely one in several thousand - the entire group must be taken to the Dead Sea. Similarly, if a goblet [used for] idol worship becomes mixed together with many other goblets, or a piece of meat [coming from a sacrifice to a false deity] becomes mixed with other meat, the entire group must be taken to the Dead Sea. Similarly, if a hide with a hole through which the heart was removed becomes mixed with other hides, it is forbidden to benefit from the entire mixture. [When] a person transgresses and sells a false deity, one of its accessories, or an object that was offered to it, it is forbidden to benefit from the money received, and that prohibition [remains if these funds become mixed with others], regardless of the proportion [of the mixture] they make up. [Deuteronomy 7:26] states: "Lest you become condemned like it." [From this we infer,] that anything that comes from a false deity, from any of its accessories, or from [anything] offered to it is [governed by the same prohibitions] as it is.

10

When a false deity or an asherah is burned, it is forbidden to benefit from its ashes. A coal taken from an idol is forbidden; a flame [from an idol] is permitted, for it is not an entity with substance. When there is a doubt whether an object is connected to idol worship or not, it is forbidden. If, however, that doubt is questionable, it is permitted. What is implied? Should a goblet used for idol worship fall into a storage room of goblets, they are all forbidden, because a false deity and all its accessories are always forbidden, regardless of the proportion [of a mixture they make up]. If one of the cups from this mixture falls together with two other cups, the the [entire second mixture] is permitted. Should a ring [used to adorn] an idol become mixed together with one hundred other rings, and then two of them fall into the Mediterranean Sea, it is permissible to use all of them. We presume that the [forbidden] ring was among the two [which fell]. Should [a forbidden ring] become mixed together with a hundred others and then [the group] becomes divided, forty being separated in one group and sixty in another, and then the entire [group of] forty fall into another group of rings, it is permissible to use all of them. We presume that the forbidden ring remained among the majority. If the [group of] sixty fall into another group of rings, they are all forbidden.

11

Sitting under the shade of the trunk of an asherah - whether it is worshiped itself or whether an idol was placed under it - is forbidden. It is, however, permissible to sit under the shade of its branches and its leaves. If a person has another route, it is forbidden for him to pass under it. If he has no other route, he may pass under it, provided he runs.

12

Chicks which do not need their mother and nest in [an asherah] are permitted. In contrast, the chicks and eggs which need their mother are forbidden for the asherah is considered as if it is a base for them. The nest itself - [even though it is] in the top of the tree - is permitted, for the birds bring the wood for it from other places.

13

It is forbidden to benefit from wood which one takes from it. Should a person have heated the oven with such wood, he must cool it off. Afterwards, he should kindle it with other, permitted, wood and then bake within. Should he bake bread in [an oven heated in this manner] without cooling it, he is forbidden to benefit from the bread. If [such a loaf] became mixed together with others, he must bring the value of that loaf to the Dead Sea so that he will never benefit from it. The other loaves, however, are permitted.

14

If one took [a piece of wood from an asherah to use as] a shuttle, and wove a garment with it, it is forbidden to benefit from [the garment]. Should the garment become mixed together with other garments, he must bring the value of that garment to the Dead Sea. All the other garments, however, are permitted. It is permissible to plant vegetables under [an asherah] - whether in the summer - when they need the shade - or in the winter. [This leniency is granted] because the vegetables' growth is produced by two factors: the shade of the asherah, which is forbidden, and the earth, which is permitted. Whenever an effect is produced by the combination of a forbidden factor and a permitted factor, it is permitted. Therefore, if a field was fertilized with fertilizer [that was forbidden because of a connection with] idol worship, one may sow it. Similarly, [the meat of] a cow that was fed with beans [that were forbidden because of a connection with] idol worship, may be eaten. The same principle applies in other similar situations.

15

It is not forbidden to benefit from meat, wine, and fruits that were prepared as offerings for idols. Although they were brought into the temple of a false deity, [they are not prohibited] until they are actually brought as offerings. Once they are brought as offerings, [their status changes] and they remain forbidden forever, even if they were later removed [from the temple]. Torah law forbids benefiting from anything that is found in a temple of a false deity, even water or salt. If a person eats even the slightest amount from such substances, he is [punished by] lashing.

16

[The following laws apply when] a person finds garments, utensils, or money [placed] on the head of an idol. If he finds them [placed] in a derisive manner, they are permitted. If he finds them [placed] in a deferential manner, they are forbidden. What is implied? If one finds a purse hanging around its neck, folded garments placed on its head, or a utensil overturned on its head, they are permitted, because [they were placed] in a derisive manner. The same applies to other similar situations. [In contrast,] if one finds an object of a type which is used as an offering for the [Temple] altar on the head [of an idol], it is forbidden. When does the above apply? When one finds such articles outside its [usual] place of worship. When, however, one finds such articles within the [idol's place of worship], regardless of whether it was placed in a derisive manner or in a deferential manner, or whether it is of the type of objects used as sacrifices for the [Temple] altar, any article found within [such a structure] - even water or salt - becomes forbidden. [Different laws apply regarding] Pe'or and Marculis. It is forbidden to benefit from anything that is found together with them, whether [it is found] in their [temple] or outside of it. Similarly, with regard to the stones [found near a symbol of] Marculis: If a stone appears to be together with it, it is forbidden to benefit from it.

17

When [the shrine of] a false deity possesses a bathhouse or a garden, benefit may be derived from it, provided one does not offer appreciation [in return]. [If] one must offer appreciation, it is forbidden. [If the garden or bathhouse] is mutually owned by [the shrine] and another entity, one may derive benefit from it even if one provides its priests with appreciation. One may not, however, pay a fee.

18

It is permitted to bathe in a bathhouse even though an idol is located within, because it is placed there for aesthetic purposes and not to be served. [This leniency can be inferred from the use by Deuteronomy 12:2 of the term:] "their gods" - i.e., the prohibition applies when they treat them as gods, and not when they humiliate them, such as in an instance where [the idol] stands over the sewage pipe and they urinate before it. Should [the idol's] worship involve such activities, it is forbidden to enter [the bathhouse].

19

It is permitted to benefit from [an animal] slaughtered using a knife [forbidden because of its connection to] idol worship, because one is detracting from [the animal's] value. If the animal is in danger [of dying], it is forbidden, because one is enhancing its value, and this improvement involves benefit from an accessory of idol worship. Similarly, it is forbidden to cut meat with [such a knife], because one is enhancing its value. Should one cut with a destructive intent, causing a loss, the meat is permitted.

Chapter 8

Chapter 8

#8
1

It is permitted to derive benefit from anything that has not been manipulated by man or that was not made by man, even though it was worshiped [as a deity]. Therefore, it is permitted to benefit from mountains, hills, trees - provided they were planted originally with the intent of harvesting their fruit - springs which provide water for many people, and animals, despite their having been worshiped by pagans. It is permitted to partake of fruits that were worshiped in the place where they grow and to partake of such an animal. Needless to say, it is permitted to partake of an animal that was set aside for the purpose of idol worship. It is permitted regardless of whether it was set aside to be worshiped or to be sacrificed [to another deity]. When do the above statements permitting the use of an animal apply? When a deed involving it was not committed for the sake of idol worship. If, however, any deed whatsoever was committed involving it, it is forbidden; for example, one cut one of its signs for the sake of an idol. Should one exchange it for an idol, it is forbidden. Similarly, it is forbidden if it was exchanged for an article that was itself exchanged for an idol, since the latter article is considered to be "payment for an idol." When does the above apply? Regarding one's own animal. If, however, one slaughtered a colleague's animal for the sake of a false deity, or exchanged it for an idol, it does not become forbidden, because a person cannot cause an article that does not belong to him to become forbidden. When a person bows down to virgin earth, he does not cause it to become forbidden. If he digs pits, channels, and caverns in it for the sake of a false deity, it becomes forbidden.

2

When a person bows down to water which was lifted up by a wave, he does not cause [the water] to become forbidden. If, however, he picked [water] up with his hands and bowed down to it, it becomes forbidden. If rocks which had slid down from a mountain were worshiped in the place where they [landed], they are permitted, since they were not manipulated by man.

3

When a Jew stands a brick up with the intention of bowing down to it, but does not bow down to it, and then a gentile comes and bows down to it, benefit from [the brick] becomes forbidden, because standing it up is considered to be a deed. Similarly, if he stands an egg up and a gentile comes and bows down to it, it becomes forbidden. If one cuts off a gourd or the like and bows down to it, it is forbidden. Even when one bows down to only half the gourd, and the other half is still attached to it, it is forbidden because of the doubt involved: perhaps the second half is considered to be a handle for the half which was worshiped. It is forbidden to benefit from a tree which was planted for the purpose of being worshiped. This is the asherah that the Torah mentions. When a tree which had been planted previously was pruned and carved for the sake of idol worship - even if it was extended or a growth was grafted onto the trunk of the tree - and branches grew, one must cut off [these] branches, and benefit from them is forbidden. The remainder of the tree, however, is permitted. Similarly, when a person bows down to a tree, even though the tree itself is not forbidden, it is forbidden to benefit from all the branches, leaves, sprouts, and fruits which it produces during the time it is worshiped. When gentiles guard the fruits of a tree and say that they are designated to be used to make alcoholic beverages for a particular pagan temple, and [the fruits] are used for alcoholic beverages which are drunken on their pagan holidays, it is forbidden to benefit from this tree. This is the ritual associated with an asherah. Accordingly, we can assume that [the tree] is an asherah, and therefore its fruits will be used for such purposes.

4

[The following rules apply to] a tree under which a false deity was placed: It is forbidden to benefit from it as long as the deity is located under it. When it is removed, we are permitted [to benefit] from it, since the tree itself is not the entity which was worshiped. When a gentile constructs a building with the intention that the building itself be worshiped, and, similarly, when a person bows down to a building that has already been constructed, they become forbidden. When a [building] which had already been constructed, was plastered and embellished for the sake of worship to the extent that it is considered to be a new entity, one must remove all the new additions, and it is forbidden to benefit from them, since they were made with the intention of being worshiped. It is, however, permitted to benefit from the remainder of the building. If one placed an idol within a house, it is forbidden to benefit from the house while the idol is located within. When it is removed, the house becomes permitted. Similarly, it is forbidden to benefit from a stone which was hewn from a mountain with the intention that it be worshiped. If it had already been hewn out, but was adorned and embellished with the intention that it be worshiped - even if the stone itself was adorned and embellished and, needless to say, if the adornment was added to it - one must remove all the new additions, and it is forbidden to benefit from them, since they were made with the intention of being worshiped. It is, however, permitted to benefit from the remainder of the stone.

5

A stone on which an idol is placed is forbidden as long as the idol is upon it. Once [the idol] is removed, it is permitted. When a person's house which is located next to [a shrine of] an idol falls, it is forbidden for him to rebuild it. What must he do? He must move [the wall] within his own four cubits, and then rebuild it. The empty space must not be left free for the sake of the shrine of the idol. Rather, he should fill it with thorns or feces. If the wall belonged jointly to both a private individual and an idol, it should be considered to belong to them equally. It is permitted to benefit from his half; the [half] belonging to the idol, however, is forbidden. [Similarly,] it is forbidden to benefit from all [the wall's] stones, beams, and earth.

6

How must one destroy a false deity and the other entities which are forbidden on its account - e.g., its accessories and offerings? One must grind them and scatter [the dust] in the wind, or burn them and deposit the ashes in the Dead Sea.

7

Although [as mentioned above,] an entity which cannot be manipulated by man - e.g., a mountain, animal, or tree - even when worshiped remains permitted, it is forbidden to benefit from its coatings. A person who derives any benefit from them whatsoever is [liable for] lashes, as [Deuteronomy 7:25] states: "Do not desire the silver and gold which are upon them." Any coating of a false deity is considered to be one of its accessories.

8

It is permitted to benefit from a false deity belonging to a gentile whose deification was nullified [by gentiles] before it entered the possession of a Jew, as [Deuteronomy, ibid.] states, "You must burn the statues of their gods with fire." [This command applies] only if they are treated as gods when they enter our possession. If, however, their deification was nullified, they are permitted.

9

A false deity belonging to a Jew can never be nullified. Even if he owns it in partnership with a gentile, its nullification is of no consequence. Rather, it is forbidden to benefit from it forever, and it must be entombed. Similarly, when a false deity belonging to a gentile enters the possession of a Jew, and then is nullified by a gentile, the nullification is of no consequence, and it is forbidden to benefit from it forever. A Jew cannot nullify a false deity even when it is in the possession of a gentile. A gentile who is a minor or a fool cannot nullify a false deity. When a gentile is forced to nullify a false deity - whether it belongs to him or to other gentiles, even when he is forced to do so by Jews - the nullification is of consequence. The gentile who nullifies idol worship must himself be an idolater. If he is not an idolater, his nullification is of no consequence. When [a gentile] nullifies a false deity, he also nullifies [the connection to idol worship of] its accessories. When he nullifies [the connection to idol worship of] its accessories, it is permitted to benefit from the accessories. [The deity] itself, however, remains forbidden until it is nullified. [The connection to idol worship of] an object that was brought to an idol as an offering can never be nullified.

10

How is [an idol] nullified? When one cuts off the tip of its nose, the tip of its ear, or the tip of its finger, smoothes out its face - even though none of its substance was destroyed - or sells it to a Jewish jeweler, it is nullified. If, however, one gave it as security for a loan, sold it to a gentile, [sold it] to a Jew who is not a jeweler, [left it] after it was covered by fallen articles without removing them, did not demand its return after it was stolen by thieves, spat in its face, urinated upon it, dragged it [in mud], or threw feces upon it, it is not nullified.

11

When a false deity was abandoned by its worshipers in a time of peace, it is apparent that they nullified it. Hence, benefit may be derived from it. [If it was abandoned] in a time of war, it is forbidden. The only reason they abandoned it was the war. When a false deity becomes broken in the course of nature, it is forbidden to benefit from its broken pieces until they have been nullified. Accordingly, when a person finds broken pieces of an idol, [he must regard them] as forbidden, lest the gentiles have not nullified them. [The following principles apply to an idol] which comes in pieces: If it could be reassembled by an ordinary person, each piece must be nullified individually. If [an ordinary person] could not reassemble it, once one has nullified one of its limbs, all of them are nullified.

12

Though an altar for idol worship has been damaged, it is still forbidden to benefit from it until the majority of it has been destroyed by gentiles. A platform which has been damaged is permitted. What is considered a platform, and what, an altar? A platform consists of a single stone; an altar, of many stones. How are the stones of Marculis nullified? When one constructs a building from them or uses them to pave the roads or the like, it is permitted to benefit from them. How is an asherah nullified? When one pulls off a leaf, cuts off a branch, takes a staff or scepter from it, or planes off its sides in a manner which does not benefit it, it is nullified. When one planes its sides in a manner which benefits it, it is forbidden, but its shavings are permitted. If [the sides of] an asherah which belongs to a Jew [are planed off], both it and its shavings are forbidden forever, regardless of whether [it was planed] for its benefit or not, because a false deity belonging to a Jew can never be nullified.

Chapter 9

Chapter 9

#9
1

It is forbidden to purchase or sell any durable entity to an idolater within three days of one of their holidays. [Similarly, within this period, it is forbidden] to borrow from them, to lend to them, to accept payment from them or to repay them for a loan that is supported by a promissory note or collateral. It is, however, permitted to collect a loan which is supported by a verbal commitment alone, because one is saving one's property from being lost to them. It is permitted to sell them an entity which will not endure - e.g., vegetables, or a cooked dish - until the day of their festival. When does the above apply? In Eretz Yisrael. In other lands, however, it is forbidden [to engage in such activities] only on the day of their festival itself. If one transgressed and did business with them during these three days, one may derive benefit from the results of these transactions. When, however, one does business with them on the day of their festival itself, it is forbidden to benefit from the results of these transactions.

2

It is forbidden to send a present to a gentile on one of his holidays, unless one knows that he does not acknowledge or worship idols. Similarly, if a gentile sends a present to a Jew on one of [the gentile's] holidays, the Jew should not accept it. If, however, there is the possibility of ill-feeling arising, he should take it from him. Nevertheless, he should not derive any benefit from it until he finds out that the gentile does not acknowledge or worship idols.

3

If the idolaters' festival lasts several days - whether three, four, or ten - all the days [of the festival] are considered as a single day. [Carrying out transactions] on any of these days, or on the three days preceding them, is forbidden.

4

The Canaanites are idol worshipers, and Sunday is their festival. Accordingly, in Eretz Yisrael, it is forbidden to conduct transactions with them on Thursday and Friday each and every week, and, needless to say, on Sunday itself, when transactions with them are forbidden everywhere.

5

The day on which the idolaters gather together to crown a king and offer sacrifice and praise to their false deities is considered to be one of their holidays, since it is comparable to their other holidays. In contrast, on a day which is celebrated by an individual idolater as a festival on which he gives thanks and praise to the star he [worships] - for example, his birthday, the day on which he shaves his beard or hair, the day on which he returns from a sea-voyage, the day on which he leaves prison, the day on which he makes a [wedding] feast for his son, and the like - it is forbidden [to do business] on that particular day only with that individual man. Similarly, when [it is customary] that the day on which one of them dies is marked with festivities, it is forbidden [to do business] with those individuals on that day. Whenever [a person's] death is marked by the burning of his utensils and the offering of incense, we can assume that idol worship is [involved in the ritual]. The [above] prohibition applies only to those who worship [the false deity]. In contrast, it is permitted to do business with those who join in the celebrations by eating, drinking, and observing it as a matter of custom or in deference to the king.

6

Articles which are distinguished by their use [in the worship] of one of the false deities in a particular locale may never be sold to the worshipers of that deity in that locale. Articles which are not characterized by such uniqueness may be sold to them without enquiring [about the purpose for which they will be used]. If, however, an idolater specifically states that he is purchasing the article for the sake of idol worship, it is forbidden to sell it to him unless one blemishes it in a manner which disqualifies it for use as an offering to the idol. An animal lacking a limb is not offered as a sacrifice to an idol.

7

It is permitted to sell articles which are distinguished [by their use in the worship of a false deity] that are mixed together with articles that are not used for such purposes - e.g., pure frankincense with black frankincense - without enquiring [about the purpose for which they will be used]. We do not suspect that [the purchaser] will separate the pure frankincense to use for idol worship. The same applies in other similar situations.

8

Just as it is forbidden to sell idolaters articles that assist them in idol worship, it is forbidden to sell them articles that can cause harm to many people - for example, bears, lions, weapons, fetters, and chains. [Similarly,] it is forbidden to sharpen their weapons. Everything that is forbidden to be sold to idolaters is also forbidden to be sold to a Jew who is suspect that he will sell to idolaters. Similarly, it is forbidden to sell dangerous objects to a Jewish thief.

9

When the Jews dwell among the idolaters and have established a covenant with them, it is permissible to sell weapons to the servants of the king and his to his soldiers, because they use them to wage war against the enemies of the country and to protect it. Thus, they also protect us, for we dwell among them. It is permitted to walk around a city in which an idol is located. It is, however, forbidden to enter [the city]. If the idol is located outside the city, it is permitted to walk within it.

10

A person who is journeying from one place to another may not pass through a city in which a false deity is located. When does this apply? When this is the only way to his destination. If, however, there is an alternate route to his destination and, by chance, he took [the route which passed through this city], it is permissible.

11

It is forbidden to build - [even] together with an idolater - a dome under which an idol is placed. If one transgressed and built such a structure, however, one's wage is permitted. A priori, one may construct the palace or the courtyard where that dome is located.

12

[The following laws apply] when an idol is located within a city and there some shops which are adorned and some which are not: It is forbidden to benefit from those which are adorned or [to use] anything they contain, since we can assume that they were adorned for the sake of idol worship. It is permitted to benefit from those which are not adorned. It is forbidden to do business with a store owned by a false deity, because one offers benefit to the false deity.

13

When a person sells his house to an idol, it is forbidden to benefit from the proceeds of the sale. Rather, they must be taken to the Dead Sea. If, however, an idolater steals a Jew's house against his will and places an idol within, it is permitted [to accept whatever] money [he offers]. [The Jew] may compose [a bill of sale] and formalize it in accordance with the civil law procedures.

14

Flutes belonging to idolaters should not be used in a funeral dirge. One may attend a pagan commercial fair and purchase livestock, gentile servants and maidservants before they convert, houses, fields, and vineyards. One may compose a bill of sale and formalize it in accordance with the civil law procedures, since by doing so one saves [one's property] from them. When does the above apply? When one buys from a private individual who does not have to pay a tax [to the false deity]. If, however, one buys from a merchant, it is forbidden, for a merchant must pay a tax which must be given to the false deity. Hence, [by making such a purchase], one is giving benefit to a false deity. [The following laws apply] if one transgressed and purchased [merchandise] from a merchant: If one purchased livestock, one should cut off the animal's hooves from below the anklebone. If one purchased garments or other objects, one should let them rot. If one purchased money or metal utensils, one should bring them to the Dead Sea. If one purchased a servant, one may not help him up [from a pit], nor should one push him into one.

15

When an idolater makes a [wedding] party for his son or daughter, it is forbidden to benefit from the feast. It is even forbidden for a Jew to eat and drink his own food there, since it is being consumed at a celebration of idolaters. When is it forbidden to eat such an idolater's food? From when he began to prepare for the wedding feast, the entire duration of the wedding feast, and for thirty days afterwards. [Furthermore,] if he makes another celebration because of the wedding even after thirty days have passed, it is forbidden [to participate] until twelve months [have passed]. This stringency was imposed because of idol worship, as [implied by Exodus 34:15-16]: "And he shall call to you and you shall eat from his slaughter, and you shall choose from his daughters for your sons. His daughters will stray after their gods, and they will lead your sons astray after these gods."

16

A Jewish woman should not nurse the child of an idolater, since, by doing so, she raises a son who will be an idolater. She should not serve as a midwife for an idolatrous woman [without charge]. She may, however, do so for a fee, lest strife arise. An idolatrous woman may serve as a midwife for a Jewess and nurse her child. [This must be done] in premises belonging to a Jew, lest the idolatrous woman kill the child.

17

It is forbidden to trade with [gentiles] on their way to reproachful places of idol worship, but it is permitted to trade with them when they return. This applies when they do not journey in a caravan. If, however, they are traveling in a caravan, they may change their mind and return. If a Jew journeys to a reproachful place of idol worship, one may trade with him on his way, since he may change his mind. On his way back, it is forbidden. [It is forbidden to trade with] an apostate Jew on his way there and on his way back.

18

When a Jew attends a fair of idol worshipers it is forbidden to trade with him when he returns. Perhaps he sold an idol to them, and it is forbidden to benefit from the proceeds of the sale of idol worship possessed by a Jew. It is, however, permitted to benefit from [the proceeds of the sale of an idol] possessed by an idolater. Therefore, it is permitted to trade with an idolater coming from such a fair, but not with a Jew. It is forbidden to trade with an apostate Jew on his way to and on his way from such a fair.

Chapter 10

Chapter 10

#10
1

We may not draw up a covenant with idolaters which will establish peace between them [and us] and yet allow them to worship idols, as [Deuteronomy 7:2] states: "Do not establish a covenant with them." Rather, they must renounce their [idol] worship or be slain. It is forbidden to have mercy upon them, as [Deuteronomy, ibid.] states: "Do not be gracious to them." Accordingly, if we see an idolater being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. It is, however, forbidden to cause one of them to sink or push him into a pit or the like, since he is not waging war against us. To whom do the above apply? To gentiles. It is a mitzvah, however, to eradicate Jewish traitors, minnim, and apikorsim, and to cause them to descend to the pit of destruction, since they cause difficulty to the Jews and sway the people away from G-d.

2

From the above, we can infer that it is forbidden to offer medical treatment to an idolater even when offered a wage. If, however, one is afraid of the consequences or fears that ill feeling will be aroused, one may treat them for a wage, but to treat them free is forbidden. [With regard to] a ger toshav, since we are commanded to secure his well-being, he may be given medical treatment at no cost.

3

It is forbidden to sell them homes and fields in Eretz Yisrael. In Syria, one may sell them homes, but not fields. One may rent them homes in Eretz Yisrael, provided that a neighborhood [of idolaters] is not established. Fewer than three [homes] does not constitute a neighborhood. It is, however, forbidden to rent them fields. In Syria, one may rent them fields. Why did [the Rabbis issue] more stringent laws regarding fields? Because two difficulties are involved: One removes the obligation of tithes [from these fields], and one gives them a resting place in our land. It is permitted to sell them houses and fields in the Diaspora, because it is not our land.

4

Even when it is permitted to rent [homes to idolaters], it is not permitted to rent to them for use as a dwelling, because they will bring idols into them, as [Deuteronomy 7:26] states: "Do not bring an abomination into your home." It is, however, permitted to rent them homes to use as storehouses. It is forbidden to sell them fruit, grain, or other produce while it is attached to the earth. One may sell [these products] after they have been harvested or [before they have been harvested], on the condition that they will be harvested, and he must harvest them. Why is it forbidden to sell them [land or anything attached to the land]? Because [Deuteronomy 7:2] states: "Do not be gracious with them." [This phrase can also be interpreted:] "Do not give them a resting place in the land." As long as they do not have a resting place in the land, their stay will be a temporary one. [This prohibition also] forbids speaking about [idolaters] in a praiseworthy manner. It is even forbidden to say, "Look how beautiful that idolater's body is." How much more so is it forbidden to praise their deeds or to hold their words dear, as [the phrase states]: "Do not be gracious with them." [This phrase can also be interpreted:] "Do not look at them graciously," for doing so will cause you to draw close to them and learn from their wicked behavior. [Also implicit in the above phrase is that] it is forbidden to give them a present. A present may, however, be given to a ger toshav, [as implied by Deuteronomy 14:21:] "You may give it to the stranger in your gates so that he may eat it; or sell it to a gentile," [i.e., to an idolater]; it should be sold, not given.

5

We should provide for poor idolaters together with poor Jews for the sake of peace. One should not rebuke idolaters [from taking] leket, shich'chah, and pe'ah, for the sake of peace. One may inquire about their well-being - even on their festivals - for the sake of peace. One may never repeat good wishes to them. Also, one should not enter the house of a gentile on one of his festivals to wish him well. If one encounters him in the marketplace, one may greet him meekly with a serious countenance.

6

All the above matters apply only in an era when Israel is in exile among the idolaters or in an era when the idolaters are in power. When, however, Israel is in power over them, it is forbidden for us to allow an idolater among us. Even a temporary resident or a merchant who travels from place to place should not be allowed to pass through our land until he accepts the seven universal laws commanded to Noah and his descendants, as [Exodus 23:33] states: "They shall not dwell in your land" - i.e., even temporarily. A person who accepts these seven mitzvot is a ger toshav. A ger toshav may be accepted only in the era when the [laws of the] Jubilee Year are observed. In an era when the [laws of the] Jubilee Year are not observed, however, we may accept only full converts [to Judaism].

Chapter 11

Chapter 11

#11
1

We may not follow the statutes of the idolaters or resemble them in their [style] of dress, coiffure, or the like, as [Leviticus 20:23] states: "Do not follow the statutes of the nation [that I am driving out before you]," as [Leviticus 18:3] states: "Do not follow their statutes," and as [Deuteronomy 12:30] states: "Be careful, lest you inquire after them." [All these verses] share a single theme: they warn us not to try to resemble [the gentiles]. Instead, the Jews should be separate from them and distinct in their dress and in their deeds, as they are in their ideals and character traits. In this context, [Leviticus 20:26] states: "I have separated you from the nations [to be Mine]." [Thus,] one may not wear a garment which is unique to them or grow the tresses of our hair as they do. We may not shave our heads from the sides and leave hair in the center as they do. This is called a blorit. We may not shave the hair on the front of our faces from ear to ear and leave a growth at the back of our heads as they do. We may not build Temples in order that many people may enter as they do. Whoever performs one of the above or a deed of this nature is [liable for] lashes.

2

When a Jew is cutting an idolater's hair, he must stop when he approaches within three fingerbreadths of his blorit on all sides.

3

A Jew who has an important position in a gentile kingdom and must sit before their kings, and would be embarrassed if he did not resemble them, is granted permission to wear clothes which resemble theirs and shave the hair on his face as they do.

4

Do not practice soothsaying as idolaters, as it is said, "Do not practice soothsaying (Leviticus 19:26)." What is meant by a soothsayer? For example, there are those who say, since my bread fell from my mouth or my staff fell from my hand, I will not go to such and such a place today, that if I go, my desires will not be realized. If a fox passes before me, I will not go past the doorway of my house today, that if I go I will meet a trickster. And then there are those that hear a chirping bird and say this will happen or this will not happen, or good will happen for this one or bad will happen for that one. And thus [also] those that say slaughter this rooster that crows like a raven, slaughter that hen that crows like a rooster. Also for one who sets up omens for himself, if this happens to me, then I will do that thing and if this does not happen to me, I will not do it, like Eliezer, servant of Abraham. And so all who do things like this, all of this is forbidden. And anyone who does something because of one of these type of things is lashed.

5

[A different ruling applies when] a person says, "This dwelling which I built will be a good omen for me"; "This woman whom I married or this animal that I purchased was blessed. From the time I purchased it onward, I have become rich." The same applies to a person who rejoices and exclaims, "This is a good omen" when he asks a child, "Which verse are you studying?" and the child reads him a verse of blessing. This and the like are permitted, since the person did not perform an act or hold himself back from performing an act [because of the omen]. All he did was consider something that had already happened as a sign.

6

What is meant by a diviner? This refers to a person who performs certain deeds to cause him to fall into a trance and have his mind cleared of all thoughts until he can predict the future, saying, "This will happen" or "This will not happen;" or saying, "it is proper to do such and such. Be careful to do so." There are some diviners who use sand or stones [to obtain their answers]. Others prostrate themselves on the ground, make strange motions and scream. Others look at a metal or crystal mirror, fantasize, and speak. Still others carry a staff and lean on it and tap with it until they fall into a trance and speak. This is what the prophet [Hoshea 4:12 meant by] saying, "My people will inquire of their rods. Their staffs will tell them."

7

It is forbidden to divine or to inquire of a diviner. A person who inquires of a diviner is given "stripes for rebelliousness." In contrast, the diviner himself is [punished by] lashes if he performs one of the above or other similar acts, as [Deuteronomy 18:10] states: "There shall not be found among you one who passes..., one who practices divination."

8

Who is a fortuneteller? A person who tries to predict auspicious times, using astrology and saying, "This day will be a good day," "This day will be a bad day," "It is appropriate to perform a particular task on a certain day"; or "This year" or "This month will not be opportune for this particular matter."

9

It is forbidden to tell fortunes. [This applies] even though one does not perform a deed, but merely relates the falsehoods which the fools consider to be words of truth and wisdom. Anyone who performs a deed because of an astrological calculation or arranges his work or his journeys to fit a time that was suggested by the astrologers is [liable for] lashes, as [Leviticus 19:26] states: "Do not tell fortunes." Also included in the scope of this prohibition is one who performs magic tricks and deludes those who observe him into thinking that he performs wonders although he is not doing so. He is [liable for] lashes.

10

Who is a person who casts spells? A person who chants incantations that have no meaning in people's speech or any connotation and imagines in his foolish perception that his words have an effect. Such people will say: If you cast a particular spell on a snake or a scorpion, they will do no harm. If you cast a particular spell on a person, he will never be harmed. Some of them will hold a key or a rock in their hands while they are talking, or perform other similar deeds. All of these are forbidden. A person who casts spells is [punished by lashes] if he holds anything in his hand or performs an act while speaking, even if he merely gestures with his finger, as [Deuteronomy 18:10-11] states: "There shall not be found among you... one who casts spells." If, however, the person merely spoke without moving his finger or his head and without holding anything in his hand, and similarly, a person who has a spell cast upon him through the utterance of such incantations, thinking that this will help him, he is given "stripes for rebelliousness" because he participated in the foolish activities of a spell-caster. All these deplorable incantations and strange names will not do harm, nor will they bring any benefit.

11

When a person has been bitten by a scorpion or a snake, it is permitted to recite incantations over the bite. [This is permitted] - even on the Sabbath - in order to settle his mind and strengthen his feelings. Even though [the incantations] are of no avail, since the victim's life is in danger, permission was granted lest he become overly disturbed.

12

A person who whispers an incantation over a wound and then recites a verse from the Torah, who recites a verse over a child so that he will not become scared, or who places a Torah scroll or tefillin over a baby so that it will sleep, is considered to be a soothsayer or one who cast spells. Furthermore, such people are included among those who deny the Torah, because they relate to the words of Torah as if they are cures for the body, when, in fact, they are cures for the soul, as [Proverbs 3:22] states: "And they shall be life for your soul." It is, however, permitted for a healthy person to read verses [from the Bible] or chapters from Psalms so that the merit of reading them will protect him and save him from difficulties and injury.

13

Who is one who seeks [information] from the dead? A person who starves himself and goes to sleep in a cemetery so that a deceased person will come to him in a dream and reply to his questions. There are others who wear special clothes, recite incantations, burn a particular type of incense, and sleep alone so that a deceased person will come to them and speak to them in a dream. To summarize: Anyone who performs a deed in order that a deceased person should come to him and give him information is [liable for] lashes, as [Deuteronomy 18:10] states: "There shall not be found among you one who passes..., one who seeks [information] from the dead."

14

It is forbidden to inquire of a person who practices [divination with an] ov or a yid'oni, as [Deuteronomy 18:10-11] states: "There shall not be found among you one who passes..., one who seeks [information] from an ov or a yid'oni." Thus, a person who practices [divination with an] ov or a yid'oni himself is stoned to death, and a person who inquires of them violates a negative commandment and receives stripes for rebelliousness. One who plans his deeds and acts according to their instructions is [liable for] lashes.

15

A sorcerer must be condemned to execution by stoning. This applies when he commits a deed of sorcery. If, however, he merely deludes those who observe him into thinking that he is performing an act although he actually does not, he is given stripes for rebelliousness. [The reason is] that the prohibition against sorcery is stated in the prohibition [Deuteronomy 18:10-11]: "There shall not be found among you one who... [practices sorcery]." It is, however, a prohibition which is punishable by execution by the court, as [Exodus 22:17] states: "Do not allow a witch to live." [Therefore,] lashes are not administered for its violation.

16

And all of these things are words of untruth and deceit. And it is that with which the early idolaters fooled the peoples of the nations, so that they would follow them. And it is not fitting for Israel who are wise sages to follow this hot air, and not to bring to the heart that there is benefit in them, as it is stated (Numbers 23:23), "Since there is no divining in Yaakov and no magic in Israel"; and it is stated (Deuteronomy 18:14), "Since these nations that you are inheriting listen to the soothsayers and to the magicians, but you not like this, etc." Anyone who believes in these things, and similar to them, and thinks in his heart that they are true and a matter of wisdom, but that the Torah forbade them, is nothing but one of the fools and one [of those] lacking intelligence and in the category of woman and children, whose intelligence is not complete. But wise ones and those complete in their intelligence have known with clear proofs that all of these things that the Torah forbade are not matters of wisdom, but rather emptiness and hot air, that those lacking in intelligence followed and left all of the paths of truth on their account. And because of this, the Torah said when it warned against all of this hot air ((Deuteronomy 18:14), 'Be complete with the Lord, your G-d."

Chapter 12

Chapter 12

#12
1

We may not shave the corners of our heads as the idolaters and their priests do, as [Leviticus 19:27] states: "Do not cut off the corners of your heads." One is liable for each corner. Therefore, a person who shaves both his temples - even if he were to do so simultaneously and had received only a single warning – is [liable for] two measures of lashes. [This prohibition applies equally to] one who shaves off only the corners of his head and leaves the remainder of his hair, and to one who shaves his entire head at once. Since he has shaved the corners, he is [liable for] lashes. To whom does the above apply? To the person who shaves. The person [whose head] is shaven is not lashed unless he assists the one who is shaving him. One who shaves [the corners of] a child's [head] should be [liable for] lashes.

2

A woman is exempt if she shaves the head of a man or has her own head shaven. [Since Leviticus 19:27] states: "Do not cut off the corners of your heads and do not destroy the corners of your beards," [an association between the two prohibitions is established]. Whoever is liable for shaving is liable for cutting off the corners. Therefore, because women are not liable for shaving - since they do not have beards - they are not liable for cutting off the corners [of their heads]. Accordingly, slaves are forbidden to cut off the corners of their heads, since they do possess beards.

3

All negative commandments in the Torah, both men and women are obligated, except for [not destroying the beard and sideburns] and the Kohen's prohibition of defiling himself to the dead [that apply only to men]. And every positive commandment that is occasional and not constant, women are except, except for Kiddush, eating matzah on the night of Pesach, slaughtering and eating the Pesach sacrifice, Hakhel, and rejoicing [on Festivals] which women are obligated to do.

4

The status of a tumtum and an androgynous is doubtful. Therefore, the stringencies applying to both a man and a woman are applied to them, and they are obligated by all [the mitzvot]. If, however, they transgress, they are not [liable for] lashes.

5

Although a woman is permitted to shave the corners of her own head, she is forbidden to shave the corners of a man's head. She is even forbidden to shave the corners of a child's [head].

6

The Sages did not determine the amount [of hair] which must be left in the corners of our temples. We have, however, heard from our elders that one must leave at least forty hairs. One may remove the [hairs from] the corners [of our heads] with scissors. The prohibition applies only to total removal with a razor.

7

It is customary for pagan priests to remove their beards. Therefore, the Torah forbade the removal of one's beard. The beard has five "corners": the upper and lower cheek on both the right and left sides, and the hair on the chin. One is [liable for] lashes for the removal of each "corner." A person who removes them all at the same time is [liable for] five measures of lashes. One is liable only when one shaves with a razor, as [implied by Leviticus 19:27]: "Do not destroy the corners of your beard." [We can infer that this applies only] to shaving which utterly destroys [one's facial hair]. Therefore, a person who removes his beard with scissors is exempt. A person who allows himself to be shaved is not [liable for] lashes unless he provides assistance. A woman who has facial hair is allowed to shave it. If she shaves a man's beard, she is exempt.

8

It is permitted to shave one's mustache - i.e., the hair on the upper lip, and, similarly, the hair which hangs from the lower lip. Even though the removal [of this hair] is permitted, it is customary for the Jews not to destroy it entirely. Rather, its ends may be removed so that it will not interfere with eating or drinking.

9

The Torah does not forbid the removal of hair from other portions of the body - e.g., the armpits or the genitalia. This is, however, prohibited by the Rabbis. A man who removes [such hair] is given stripes for rebelliousness. Where does the above apply? In places where it is customary only for women to remove such hair, so that one will not beautify himself as women do. In places where it is customary for both men and women to remove such hair, one is not given stripes. It is permitted to remove hair from our other limbs with scissors in all communities.

10

A woman should not adorn herself as a man does - e.g., she may not place a turban or a hat on her head or wear armor or the like. She may not cut [the hair of] her head as men do. A man should not adorn himself as a woman does - e.g., he should not wear colored garments or golden bracelets in a place where such garments and such bracelets are worn only by women. Everything follows local custom. A man who adorns himself as a woman does, and a woman who adorns herself as a man does, are [liable for] lashes. When a man removes white hairs from among the dark hairs of his head or beard, he should be lashed as soon as he removes a single hair, because he has beautified himself as a woman does. Similarly, if he dyes his hair dark, he is given lashes after dyeing a single hair. A tumtum and an androgynous may not wrap their heads [in a veil] as women do, or cut [the hair of] their head as men do. If they do [either of the above], they are not [liable for] lashes.

11

The tattooing that is spoken of in the Torah is cutting the flesh and filling the place with blue or ink or other dyes that are inscribed. And this was the custom of the idolaters who inscribed themselves for the sake of their idolatry as if to say he is a servant sold to it and inscribed for its service. And when one inscribes with one of these inscribing items after cutting in any place on the body, whether a man or a woman, he or she is to be lashed. One who wrote but did not inscribe with color or who inscribed with color, but did not write with cutting is not liable. Only when he writes and dyes as it is written, "an inked writing (Leviticus 19:28)." To whom does this apply? To the one who does the tattooing, but the one who is tattooed is not liable unless he assisted in creating this deed, but if he did nothing he is not lashed.

13

Gashing and gouging oneself are [governed by] a single [prohibition]. Just as the pagans would gouge their flesh in grief over their dead, they would mutilate themselves for their idols, as [I Kings 18:28] states: "And they mutilated themselves according to their custom." This is also forbidden by the Torah, as [Deuteronomy 14:1] states: "Do not mutilate yourselves." [The difference between the two is that if one gouges himself in grief over] the dead, whether he did so with his bare hands or with an instrument, he is [liable for] lashes; for the sake of idols, if one uses an instrument, one is liable for lashes. If one does so with one's bare hands, one is exempt.

14

Within this prohibition is that there shouldn't be two courts in one city, one that practices this custom and this which practices another, for this will lead to large disputes, as it says "do not divide yourselves" do not make disparate groups.

15

A person who creates a bald spot [on his head] for a dead person is [liable for] lashes, as [Deuteronomy 14:1] states: "Do not make a bald spot between your eyes for a dead person." When either a priest or an Israelite makes a bald spot [on his head] for a dead person, he is [liable for] only a single measure of lashes. A person who makes four or five bald spots for a single dead person is [liable for] a measure of lashes equivalent to the number of bald spots he made, provided he received a separate warning for each bald spot. There is no difference whether one created the bald spot with his hands or with a potion. If a person dipped his fingers into a potion and positioned them in five places on his head at the same time, since he created five bald spots, he is [liable for] five measures of lashes even though only a single warning was given, for they were all created at the same time. One is liable [for creating a bald spot] on any part of the head, [not only] "between the eyes" [as is inferred from Leviticus 21:5]: "Do not make a bald spot on your heads." What is the measure of a bald spot? An area on one's head the size of a gris which is free of hair.

16

A person who makes a bald spot on his head or gouges his flesh because his house falls or because his ship sinks at sea is exempt. One is lashed only [if he carries out these acts] for the sake of a deceased person or if he gashes his flesh for the sake of an idol. [The following laws apply] when a person creates a bald spot on a colleague's head, makes a gash on a colleague's flesh, or tattoos his colleague's flesh while his colleague assists him. If they both intended to violate the prohibition, both receive lashes. If one violated the prohibition inadvertently and the other did so intentionally, the one who performed the act intentionally is [liable for] lashes, and his colleague is exempt.