Halacha for Tuesday 2 Kislev 5774 November 5 2013

Cursing the Wicked

Question: Should one pray for a wicked individual to repent fully or is it permissible to curse him in order that he ceases to exist?
 
Answer: In the previous Halacha we have discussed that it is forbidden to curse any Jew. Nevertheless, we have pointed out that we do find several times where our sages cursed or even prayed for the downfall of their enemies because there are times when it is permissible to curse an individual.
 
The Gemara (Baba Kama 94b) derives from the verse, “And a prince ‘among your nation’ you shall not curse” that the Torah only prohibits cursing a price when he “acts as a part of your nation,” i.e. by observing the Torah and Mitzvot given to the Jewish nation. However, there is no prohibition to curse a prince who does not observe the Torah and Mitzvot. There is certainly no prohibition to curse a regular individual who is not Torah and Mitzvot observant. Several Rishonim rule likewise, as does Hagaon Rabbeinu Yisrael Meir Ha’Kohen of Radin in his Be’ur Halacha (Chapter 329, Section 2).
 
The same law applies regarding the grave prohibition to shame a fellow Jew, for this only applies to a Jew who acts like a member of the Jewish nation. Similarly, with regards to the obligation to rebuke a fellow Jew who transgresses any prohibition, this only applies a Torah observant Jew; however, if one does not act like a member of the Jewish nation, there is no obligation to rebuke him for his sins and there is no prohibition to shame him (obviously only when this is justified) as is apparent from the words of the Rambam (Chapter 6 of Hilchot De’ot). The Sefer Chafetz Chaim (Chapter 7) rules likewise. It is likewise permissible to create an argument with wicked people, as Rabbeinu Yonah writes in his Sefer Sha’arei Teshuva (Gate 4, Chapter 59). (Nevertheless, there is a great distinction between those who were not Torah and Mitzvot observant in the days of our Sages and non-religious Jews in our generation which will shall, G-d-willing, discuss in the following Halacha.)
 
On the other hand, the Gemara (Berachot 10a) recounts that there were some thugs who lived in the neighborhood of the great Tanna, Rabbi Meir, and they would harass him constantly. Eventually, Rabbi Meir prayed for their demise. His wise wife, Beruria, told him that it would be better for him to pray for these wicked people to repent and then evil will cease, for these men will already be righteous. It seems from this Gemara that one should not curse the wicked nor should one argue with them; rather, one should pray that they not sin and try to admonish them pleasantly to return to the path of the just.
 
The answer to this seeming contradiction is that when one sins but does not harm anyone else spiritually or sin in order to anger Hashem (which is indeed the case regarding most sinners who do not sin in order to anger Hashem; rather, they sin because it is more convenient for them to follow their heart’s desires), one should not curse such a person at all; rather, one should pray that this individual should return to the correct path and serve Hashem properly. However, if one sins and causes others to sin along with him or if one is in a position of power and uses this power to prevent the Jewish nation from learning Torah and serving Hashem or in order to harass Torah scholars and the like, one should not pray for such a person to repent, for this individual is impeding the Torah every second and is considered someone hated by Hashem whom we have a Mitzvah to hate as well, as the verse in Tehillim states, “I shall hate those who you hate; I hate them with the epitome of hatred and they are my enemies.” The same applies to those who disseminate works of heresy or hatred towards Torah scholars and the holy Torah in order to mislead the Jewish nation; one should pray that Hashem have mercy on the Jewish nation and remove these nuisances from the face of the earth, although we do not have the permission to harm them. We have already discussed in the laws of honoring one’s parents that one must honor one’s parents even if they are not Torah observant, this only applies if they do not prevent one from observing the Torah as well. However, if one’s parents harass him and constantly denounce religion hatefully, there is no obligation to honor them at all. Nevertheless, those individuals who have gone astray and sin and do not observe Torah and Mitzvot should not be cursed, G-d-forbid; rather, one should pray fervently that they return to Hashem whole-heartedly.
 
In the following Halacha we shall explain the status of those Jews who are not Torah and Mitzvot observant nowadays and how the Torah relates to them.

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