Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend
Rambam

Rambam

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.

 






ARTICLES ON VAYEITZEI AND CHANUKAH:

View Complete List

Physical or Spiritual - Who's In Control?
Rabbi Eliyahu Hoffmann - 5759

Behind the Gray Blur
Rabbi Naftali Reich - 5768

Rabbi Frand on Parshas Vayeitzei
Rabbi Yissocher Frand - 5770

Frumster - Orthodox Jewish Dating

Heavenly Protection
Rabbi Berel Wein - 5767

Redeeming Factors
Rabbi Yehudah Prero - 5766

Our Noble Mission
Rabbi Label Lam - 5766

> Left to Chance - Yields Chaos
Rabbi Label Lam - 5766

A Pillar to Mankind
Rabbi Dovid Green - 5759

8 - The Symbol of Eternity
Rabbi Label Lam - 5773

ArtScroll

Now More Than Ever!
Rabbi Label Lam - 5771

Point of Order
Rabbi Mordechai Kamenetzky - 5761

Fourteen Sleepless Years
Rabbi Naftali Reich - 5770

Looking for a Chavrusah?

There to Share
Rabbi Label Lam - 5763

The Kedusha of Galus - Thinking in Parallel
Rabbi Eliyahu Hoffmann - 5765

Caught Not Taught
Rabbi Dovid Green - 5758

G-d Willing!
Shlomo Katz - 5762



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information