Home Subscribe Services Support Us
Print Version

Email this article to a friend


Rabbi Yitzchok Etshalom
Talmud Torah 7:2

2. *Keitzad* - (How do we administer) *Nidui*? He says: "*Ploni y'hei b'shamta* ("John Doe is ostracized"). If they placed him under Nidui in his presence, he says: *Ploni zeh b'shamta*" ("_this_ John Doe is ostracized"). If it is a case of *Herem* (a stronger form of ostracism, detailed later in Halakha 5) - he says: "*Ploni Much'ram*". And *Arur* (a curse) includes *Alah* (another form of curse); *Sh'vuah* (an oath) and *Nidui*.

Q1: Is *Shamta* the same as *Nidui*?

YE: According to Rambam, it clearly is the same. However, Tur (Yoreh Deah 334) quotes an opinion of RABD that Shamta is more severe than Nidui, and that therefore, the court should not declare *Ploni y'hei b'shamta*, rather *Ploni y'hei b'nidui* when effecting *Nidui*.

Q2: What is the meaning of the last line in this Halakha - and what is its relevance here?

YE: The source is the Gemara in Sh'vuot (36a): "We were taught: *Arur* implies *Nidui*, *Q'lalah* and *Sh'vuah*. The Gemara then derives, from Biblical texts, that the Hebrew root *A-R-R* is associated with ostracism (Judges 5), *Q'lalah* (cursing) - (Devarim [Deuteronomy] 27) and *Sh'vuah* (oath) from Yehoshua (Yehoshua [Joshua] 6). The Halakhic import of this statement is that a declaration of *Arur* ("Cursed is...") includes all of these - even *Nidui*. Therefore, if the court, instead of declaring either of the earlier formulas presented by Rambam, declared *Arur* - that would be an effective *Nidui*. In MT Sanhedrin 26:3, Rambam applies this Halakha to cursing - if someone cursed a fellow and, instead of the root *Q-L-L* he used *A-R-R*, that is still a curse and, under the proper conditions, he may be held culpable.

Rashi (Sh'vuot 36a s.v. Arur bo) explains that A-R-R may be understood as an oath, curse _or_ ban of ostracism _depending_on_context. Although in our Halakhah and in MT Sanhedrin, Rambam's approach is unclear, from MT Sh'vuot 2:2, it seems that he agrees with Rashi.

Rambam, Copyright (c) 1999 Project Genesis, Inc.



View Complete List

Where Are You?
Rabbi Mordechai Kamenetzky - 5756

In the Bias of the Beholder
Rabbi Yaakov Menken - 5764

Adam Regrets His Gift to Dovid
- 5768


Human Separation and Value
Rabbi Aron Tendler - 5762

In Light of Creation
Rabbi Pinchas Winston - 5765

Getting to Know the Yetzer Hara
Rabbi Eliyahu Hoffmann - 5759

Frumster - Orthodox Jewish Dating

In The Beginning
Shlomo Katz - 5763

Starting Over
Rabbi Yisroel Ciner - 5760

Where are You?
Rabbi Pinchas Avruch - 5762

Looking for a Chavrusah?

Meaning and Purpose: A Good Beginning
Rabbi Label Lam - 5769

Understanding Creation
Shlomo Katz - 5765

Two Halves of a Whole
Rabbi Aron Tendler - 5761

> Fonzie & the Happy Days of Rest
Jon Erlbaum - 0

And What a Beginning it Was!
Rabbi Pinchas Winston - 5761

An Enlightening Insight Into The Meaning of Gadol and Katan
Rabbi Yissocher Frand - 5765

Division is not Good
Rabbi Yissocher Frand - 5759

Project Genesis Home

Torah Portion

Jewish Law



Learn the Basics




Ask The Rabbi

Knowledge Base


About Us

Contact Us

Free Book on Geulah! Home Copyright Information