Negative Commandment 35 (Digest)
Incantations
"There shall not be found among you... a charmer"—Deuteronomy 18:10-11.
It is forbidden to chant a magical incantation in the belief that it can offer relief. For example, in times ago people would whisper a certain incantation over a snake or scorpion bite, in the belief that it would alleviate the pain.
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> The 35th prohibition is that we are forbidden from practicing the ritual of chover ["incantations"], which is the recitation of utterances;) that the person believes are helpful for certain things and damaging for others.
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> The source of this commandment is G‑d's statement (exalted be He),;) "Among you there shall not be found anyone...who utters incantations ['chover chaver']."
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> In the words of the Sifri, "The prohibition of uttering incantations applies whether they are directed to a snake or to a scorpion." This means that he utters these incantations over them because he imagines that as a result they will not bite, or that he speaks over the location of the bite in order to stop the pain.
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> One who transgresses this prohibition is punished by lashes.;)
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> The details of this mitzvah have been explained in the seventh chapter of tractate Shabbos.;)
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> Footnotes
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> In Hilchos Avodah Zarah 11:10, the Rambam elaborates: "He makes utterances that are not in any language and that have no meaning — and in his foolishness he believes that these utterances have some effect."
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> 2.
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> Deut. 18:10-11.
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> 3.
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> In Hilchos Avodah Zarah ibid., the Rambam adds that lashes are given only where an action was performed in addition to the speaking, such as one who gestures with his hand or head, or who holds a key or a stone while speaking.
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> 4.
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> In our versions, Chapter Six, page 67a.
Negative Commandment 38 (Digest)
Communication with the Dead
"There shall not be found among you... a necromancer"—Deuteronomy 18:11.
It is forbidden to do any act that supposedly elicits information from the dead. The Talmud speaks of people who would abstain from food and go to sleep in a cemetery—in the hope that the dead would appear and communicate with them.
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> The 38th prohibition is that we are forbidden from inquiring information from the dead — as is imagined by those who are truly dead,;) even though they eat and feel — that when one performs certain actions and dresses a certain way, the deceased will come to him in his sleep and answer the questions he was asked.
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> The source of this commandment is G‑d's statement (exalted be He),;) "Among you there shall not be found anyone...who attempts to communicate with the dead."
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> Our Sages said in tractate Sanhedrin,;) "The verse,;) 'who attempts to communicate with the dead,' refers to someone who starves himself and sleeps in the cemetery in order that an impure spirit shall rest upon him."
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> One who transgresses this prohibition is punished by lashes.
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> Footnotes
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> See Berachos 18b,that, "The wicked, even during their lifetime, are called 'dead.'"
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> 2.
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> Deut. 18:10-11.
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> 3.
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> 65b.
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> 4.
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> Deut. 18:11.
Negative Commandment 36 (Digest)
Consulting Ov
"There shall not be found among you... one who inquires of Ov"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with an Ov practitioner, to ask him for advice or information based on his Ov experience.
The Ov practice consisted of burning a certain incense and doing certain acts known to the Ov followers. At that point, it would seem to the person engaging in these acts that he hears a voice emanating from beneath his armpit, which would answer questions that he posed.
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> The 36th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of ov.;)
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> The source of this commandment is G‑d's statement (exalted be He),;) "Among you there shall not be found anyone...who consults ov."
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> One who transgresses this prohibition, i.e. who consults the practitioner of ov, is not punished by death.;) It is nevertheless forbidden.;)
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> See N8, where the idolatrous practice of "ov" is described as burning a specific type of incense and performing certain actions. The person then imagines that he hears a voice speaking from under his armpit answering his questions. N8 is the prohibition of performing these acts, and N36 is the prohibition on one who goes to the practitioner.
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> Deut. 18:10-11.
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> In contrast to N8, which is a capital offense.
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> In Hilchos Avodah Zarah 11:14, the Rambam rules that if one acts based on the advice he receives, he is punished by lashes. If he merely consults the ov, but does not behave differently based on the advice, he receives lashes by Rabbinic decree, since no action was performed.
Negative Commandment 37 (Digest)
Consulting Yi'doni
"There shall not be found among you... one who inquires of Yid'oni"—Deuteronomy 18:10-11.
The Torah forbids us from consulting with a Yid'oni practitioner, to ask him for advice or information based on his Yid'oni experience.
The Yid'oni practice consisted of inserting into one's mouth a bone from the yidoa fowl. After then burning incense, saying certain formulas and doing certain rites, the person would enter a trance-like state, and he would begin issuing predictions about the future.
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> The 37th prohibition is that we are forbidden from requesting information or an answer to a question from one who performs the practice of yidoni.;)
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> The source of this commandment is G‑d's statement,;) "Among you there shall not be found anyone...who consults ov or yidoni."
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> In the words of the Sifra, "[In the verse],;) 'Do not turn to the idols called ov or yidoni,' ov refers to a pitom;) who speaks;) from his armpit, and yidoni is one who speaks;) from his mouth. They are punished by stoning, and the one who consults them transgresses a prohibition.;)
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> See N9, where the Rambam quotes the description of the Sages, "Yidoni is when the person places a bone from a yadu'a in his mouth, and it speaks by itself."
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> Deut. 18:10-11.
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> Lev.19:31.
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> The Pitom is the one who performs this ritual (Rashi, Sanhedrin")65a)"). See N8.
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> I.e. imagines that he hears speaking. See note to N36 above.
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> 6.
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> I.e. imagines that he hears speaking. See note to N36 above.
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> But is not punished by stoning. Regarding lashes, see note to N36 above.
Negative Commandment 34 (Digest)
Witchcraft
"There shall not be found among you...one who practices witchcraft"—Deuteronomy 18:10.
We are forbidden from engaging in any form of magic or witchcraft.
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> The 34th prohibition is that we are forbidden from performing any act of witchcraft.
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> The source of this commandment is G‑d's statement (exalted be He),;) "Among you there shall not be found anyone...who practices witchcraft."
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> One who transgresses this prohibition intentionally is punished by stoning, as said in G‑d's statement (exalted be He),;) "Do not allow a sorceress to live." If he did so unintentionally he must bring a sin-offering,
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> The details of this mitzvah have been explained in the seventh chapter of Sanhedrin.;)
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> Footnotes
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> Deut. 18:10.
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> Exodus 22:17.
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> 67a.
Negative Commandment 43 (Digest)
Sideburns
"You shall not round the corners of your heads"—Leviticus 19:27.
It is forbidden for a man to cut off his sideburns, leaving his hairline rounded at the sides, for such was the practice of ancient idol-worshippers. (This prohibition also applies if one cuts all his hair. Even if there is no hairline, the sideburns must never be cut off.)
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> The 43rd prohibition is that we are forbidden from shaving;) the temples of our heads.
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> The source of this commandment is G‑d's statement (exalted be He),;) "Do not round off the corners of your head."
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> This prohibition also;) has the goal of preventing us from emulating idol worshippers, since it was the practice of idol worshippers to shave only the sides [of their heads]. For this reason the Sages had to explain in Tractate Yevamos;) that, "Shaving the entire head is also included in the prohibition of 'rounding,'" so that you should not say that the actual prohibition is shaving the temples and leaving the rest of the hair, as the idolatrous priests do; but if you shave the entire head, you are not emulating them. The Sages therefore informed us that it is prohibited to shave the temples in any manner — not by themselves and not with the rest of the head.
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> One is punished by lashes separately for each side; therefore one who shaves his entire head receives two sets of lashes. We do not count them as two separate commandments although there are two sets of lashes because there are no two phrases [in Scripture] for the one prohibition. If Scripture would say, "Do not round off the right corner of your head nor the left corner of your head," and we would find [that our Sages] stipulated two sets of lashes, then we could count them as two commandments. But since there is only one expression and one type of action, it counts as one commandment. And even though this prohibition is explained as including different parts of the body, and that one receives lashes for each part separately, this does not require it to be counted as more than one commandment.
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> The details of this mitzvah have been explained at the end of tractate Makkos.;) Women are exempt from this prohibition.;)
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> Footnotes
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> See Kapach 5731, footnote 13.
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> Lev.19:27.
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> As with the previous prohibitions.
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> 5a.
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> 20a.
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> In Hilchos Avodah Zarah 12:2, the Rambam quotes tractate Kiddushin 35b,and explains that this prohibition is in the same verse as the prohibition against shaving the beard. Just as the prohibition of shaving does not apply to women, so too this prohibition does not apply to women. See Kesef Mishneh, ibid.
Negative Commandment 44 (Digest)
Shaving
"You shall not destroy the corners of your beard"—Leviticus 19:27.
It is forbidden for a man to shave with a razor (or razor-like implement) the "corners" of his beard. The Sages identified five corners: the upper right cheek, the lower right cheek, the upper left cheek, the lower left cheek, and the chin. Shaving the beards with razors was the way of ancient pagan priests.
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> The 44th prohibition is that we are forbidden from shaving the beard, which has five sections: the upper right jaw, the upper left jaw, the lower right jaw, the lower left jaw, and the chin.
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> This prohibition is contained in the following expression,;) "Do not destroy the corner of your beard," because all [the parts] are included in the term, "beard." Scripture does not write, "Do not destroy your beard," but, "Do not destroy the corner of your beard," meaning that one may not destroy even one corner from the entire beard.
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> The Oral Tradition explains that there are five corners, as we have categorized, and that one is punished by five sets of lashes if he shaves them all, even if he shaved them all at once. In the words of the Mishneh,;) "For [shaving] the beard [one receives] five [sets of lashes]: two for one side, two for the other side, and one for the bottom. Rabbi Eliezer says, 'If they were all shaved at once, one receives only one [set of lashes].'" The Talmud;) says, "We see that Rabbi Eliezer holds that it is all one prohibition." This is a clear proof that the first opinion holds that they constitute five separate prohibitions, and that is the law.
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> This [shaving of the beard] was also;) the practice of the idolatrous priests, as is well known today that among the adornments of the European ascetics;) is that they shave their beards.
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> It does not count as five separate commandments, since the prohibition is expressed in the singular ["beard"] and there is only one type of action, as we explained in the previous commandment.
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> The details of this mitzvah have been explained in the end of Makkos. This prohibition is also not binding upon women.
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> Footnotes
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> Lev.19:27.
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> Makkos 3:5.
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> Ibid. 21a.
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> As was the case with the previous prohibitions.
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> The Rambam L'am edition translates, "European priests. Ibn Tibbon translates, "idolatrous priests." This seems to be the source of the vernacular reference, "galach," for a priest.
Negative Commandment 40 (Digest)
Men Cross-Dressing
"A man shall not put on a woman's garment"—Deuteronomy 22:5.
It is forbidden for a man to don clothing or ornaments that are considered women's garment or gear in that locale. There are two reasons why a man would wear women's clothing, both anathema to G‑d: a) To facilitate lewd behavior, or b) in conformance with once-prevalent idolatrous ritual.
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> The 40th prohibition is that men are also;) forbidden from adorning themselves with women's ornaments.
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> The source of this commandment is G‑d's statement,;) "A man shall not wear a woman's garment."
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> Any man who adorns;) himself or wears an article which is known in that place to be specifically for women is punished by lashes.
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> You should know that this practice — of women adorning themselves with male articles or men with female articles — is sometimes done to arouse lust, as is well known among the nations; and sometimes done as a kind of idolatrous worship, as explained in books dealing with this subject.;) It is often stipulated in making some kame'ot;) that if a man is making it, he must wear women's clothing, and wear gold jewelry, pearls and the like; and if a woman is making it, she must wear armor and weapons. This is very well known among those who practice it.
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> In addition to N39, which prohibits a woman from wearing men's garments. In the original Sefer HaMitzvos, that commandment comes first, but in his legal code (which is the order followed in this edition), he lists N40 before N39.
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> Deut. 22:5.
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> Kapach 5731, footnote 1 points out that this choice of words comes to include a man dying white hair black (see Hilchos Avodah Zarah 12:10).
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> See Guide to the Perplexed, Section III, Chapter 37, where the Rambam quotes the book, "Tumtum," as saying that when a men stands to serve Venus, he must wear a colored woman's garment, and when a woman stands to serve Mars, she must wear armor and weapons.
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> This term refers to a parchment bearing written letters or marks, or a collection of herbs and spices.
Negative Commandment 39 (Digest)
Women Cross-Dressing
"A woman shall not wear that which pertains to a man"—Deuteronomy 22:5.
It is forbidden for a woman to don clothing or ornaments that are considered men's garment or gear in that locale.
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> The 39th prohibition is that we are forbidden from walking in the ways of heretics in that women wear male garments and their adornments.;)
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> The source of this commandment is G‑d's statement (exalted be He),;) "No male article shall be on a woman."
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> Any woman who wears a male article — which is known in that place to be specifically for men — is punished by lashes.
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> This includes wearing armor or weapons (see N40 and Hilchos Avodah Zarah 12:10). It also includes cutting her hair as a man does (ibid.) or going with her hair uncovered (ibid. according to the Yemenite manuscripts quoted by Kapach 5731, footnote 99. These manuscripts have "t'galeh," ["uncovered"] with the letter "hei" instead of "t'gale'ach" ["cut"] with the letter "chet").
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> Deut. 22:5.
Negative Commandment 41 (Digest)
Tattoos
"You shall not print any marks upon you"—Leviticus 19:28.
We are forbidden from tattooing our bodies. Tattooing was common practice amongst the ancient idol-worshippers.
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> The 41st prohibition is that we are forbidden from tattooing our bodies with blue, red or other markings, as is done by idol worshippers and common among the Copts to this day.
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> The source of this prohibition is G‑d's statement (exalted be He),;) "Do not make any tattoo marks."
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> One who transgresses this prohibition is punished by lashes.;)
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> The details of this mitzvah have been explained in the end of tractate Makkos.
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> Lev.19:28.
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> In Hilchos Avodah Zarah 12:11, the Rambam adds that this applies to the one who engraves the tattoo. The one who receives it is punished by lashes only if he actually helps in the engraving (rather than sitting passively).
Negative Commandment 45 (Digest)
Scarring
"You shall not cut yourselves"—Deuteronomy 14:1.
It is forbidden to cut ourselves in the course of mourning a deceased—as this was a common practice amongst idol-worshippers. It is also forbidden to follow the ancient practice of self-mutilation as part of pagan ritual.
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> The 45th prohibition is that we are forbidden from intentionally bruising ourselves, as the idol worshippers do.
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> The source of this commandment is G‑d's statement (exalted be He),;) "Do not mutilate yourselves (lo sis'godidu)." This prohibition is repeated in different words:;) "Do not make cuts in your skin for the dead."
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> It has been explained in the Talmudic tractate Yevamos;) that the verse, "Do not mutilate yourselves," is needed for itself;), i.e. to teach us that one may not mutilate oneself for someone who died.
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> Our Sages said in tractate Makkos;) that "s'rita";) and "g'didah";) are the same.;) There it is also explained that [for cutting oneself] for the dead, one incurs punishment whether done by hand or with an instrument. [If one cut oneself] for an idol, one incurs punishment only when done with an instrument, as is written in the Prophets,;) "They cut themselves with swords and spears, according to their custom." When done by hand, however, one is exempt.;)
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> Our Sages;) said that this prohibition also includes not stating conflicting messages;) or having public disagreement. They said, "The phrase "lo sis'godidu" means not to make different groups (agudos)." This is like a drash;); the verse itself they explain as meaning that one may not mutilate oneself for someone who died.
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> So too their statement,;) "Anyone who carries on a dispute transgresses a prohibition, as it is written,;) 'Do not be like Korach and his congregation,'" is also a type of drash. As our Sages explain, the verse itself is a warning and a negative statement, not a prohibition.;) Our Sages explained that G‑d notified that anyone in future generations who disagrees with [the status of] the Kohanim and claims it for himself will not meet the same fate as Korach and will not be punished by being swallowed up.;) His punishment will instead be,;) "As G‑d said to him through [literally, 'by the hand of'] Moses," i.e. tzora'as, as G‑d (exalted be He) told Moshe,;) "Place your hand on your chest [… and his hand was covered with tzora'as like snow]," and as is explained regarding Uzziah.;)
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> To return to this prohibition, its details have been explained in the end of Makkos,;) and one who transgresses it is punished by lashes.
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> Deut. 14:1.
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> Lev.19:28.
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> 13b.
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> The Talmud previously tried to establish that the phrase, "lo tit'god'du," prohibits different communities observing different practices. To this the Talmud responds that the phrase is needed "for itself." See below in this commandment.
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> 21a.
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> "Do not make cuts," from Lev. 19:28.
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> "Do not mutilate," from Deut. 14:1.
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> This proves that the two verses refer to the same act and therefore count as just one prohibition.
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> Kings I, 18:28, referring to the false prophets of the idol Baal when they were tested by Elijah.
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> Although he is not punished with lashes, he nevertheless transgresses the prohibition.
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> Yevamos 13b.
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> Kapach 5731, in footnote 31 and P173, footnote 55, insists that the Arabic original is mistranslated by others, and was changed without his knowledge in the Rambam L'am edition.
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> "An interpretation," seeming to indicate that the prohibition is Rabbinic in nature. In Hilchos Avodah Zarah (12:14), however, the Rambam seems to rule that it is included in the Biblical prohibition. See Kapach's edition of Mishneh Torah (ibid. footnote 34), S'dei Chemed (Klal Lamed, 78), and the sources quoted in Mishneh Torah, Frankel edition, Sefer HaMafte'ach, p. 479.
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> Sanhedrin 110a.
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> Num.17:5.
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> See Introductory Principle Eight, which discusses this commandment in particular.
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> Num. 16:32.
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> Ibid. 17 :5.
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> Exodus 4:6.
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> Chronicles II, 26:19. See Tanchuma, Tzav 15, and Introductory Principle Eight, where this interpretation is explained. King Uzziah attempted to usurp the position of Kohen, as Korach did, by offering incense in the Temple. His punishment, however, was tzora'as, rather than being swallowed up in the ground as Korach was. The Tanchuma learns that the statement, "Do not be like Korach and his congregation, as G‑d said to him by the hand of Moses," alludes to the fact that subsequent generations will be punished in this manner. This is because the phrase, "by the hand of Moses," alludes to "the hand of Moses" being covered with tzora'as in Exodus 4:6.
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> 20a.
Negative Commandment 171 (Digest)
Tearing Out Hair
"Do not make any baldness between your eyes for the dead"—Deuteronomy 14:1.
When a loved one dies, we mustn't allow our anguish to cause us to rip out our hair leaving a bald spot.
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> The 171st prohibition is that we are forbidden from tearing our hair from our head for someone who died, as the fools do.
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> The source of this prohibition is G‑d's statement,;) "Do not make a bald patch between your eyes for the dead."
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> This prohibition is repeated regarding Kohanim,;) "They shall not make bald patches on their head," in order to complete the commandment. From the phrase, "between your eyes," we would think that the prohibition applies only to the front of the head. The other verse therefore explains, "They shall not make bald patches on their head," to make the prohibition apply to the entire head as it does to "between your eyes." [On the other hand,] if it would only say, "They shall not make bald patches on their head," we would think it applies whether it is done for the dead or for another reason. The other verse therefore explains, "for the dead."
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> Whoever makes a bald patch the size of a "gris";) by tearing the hair from his head for the dead is punished by lashes. He is punished by one set of lashes for each bald patch, regardless of whether he is a Kohen Gadol or a regular Jew.
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> This Scripture repeats the prohibition regarding Kohanim,;) "They shall not shave the corners of their beards, nor shall they make cuts in their flesh," is also to complete the commandment, as explained in the end of Makkos.;)
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> Footnotes
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> Deut. 14:1.
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> Lev.21:5.
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> Literally, a bean. In modern terms, this between 14-21 mm in diameter. See Shiurei Torah 3:20.
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> Lev. 21:5.
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> 21a.