Ki Savo: The Accursed Transgressors

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Artwork: Curse of Exhaustion, by Slawomir Maniak

Ki Savo: The Accursed Transgressors 

- by Rabbi Matt Schneeweiss 

In Parashas Ki Savo Moshe commands the entire Jewish people, upon entering the Land of Israel, to gather on Mount Gerizim and Mount Eival. He instructs the Leviim to proclaim a series of curses, to which the entire people responds, “Amen.” These curses are directed at twelve categories of transgressors: [1]

1. one who makes an idol and emplaces it in secret 
2. one who degrades his father and mother 
3. one who moves the boundary of his fellow 
4. one who causes a blind person to go astray on the road (i.e. someone who intentionally misleads his fellow by giving him harmful advice) 
5. one who perverts the judgment of a convert, an orphan, or a widow 
6. one who lies with his father’s wife 
7. one who lies with an animal 
8. one who lies with his sister 
9. one who lies with his mother-in-law 
10. one who strikes his fellow in secret 
11. one who takes a bribe to kill a person of innocent blood 
12. one who will not uphold the words of the Torah, to do them 

There are two major questions here: (1) What do all of these transgressions have in common? (2) What makes these transgressions more deserving of Hashem’s curse than others? 

Most Rishonim [2] (medieval commentators) give more or less the answer to our first question: these twelve transgressions are all commonly done in secret. Rashbam [3] adds that the only two transgressions listed which are not always done in secret are making an idol and striking one’s fellow. This is why the Torah needs to specify “in secret” in both of these cases. 

This answer to our first question holds the key to answering our second question. What makes a “secret transgression” more deserving of a curse than an open transgression? The answer can be found in a Mishnah: “Anyone who does not have mercy on the glory of his Creator – it would be better for him not to have come into the world.” [4] The Gemara explains: “To whom does this refer? – to one who commits an aveirah (transgression) in secret.” [5] Rambam [6] clarifies the meaning of the cryptic phrase “anyone who does not have mercy on the glory of his Creator”: 

Consider the wondrous expression, which was said with the help of God, “anyone who does not have mercy on the glory of his Creator” – this refers to someone who has no mercy on his intellect, for the intellect is the “glory of Hashem.” The intent of the Sages is that such a person does not recognize the value of this intellect which was given to him, for behold, he forfeits it into the hands of his emotions and becomes like an animal. This is what our Sages meant when they said, “What does it mean by, ‘one who does not have mercy on the glory of his Creator’? – this refers to one who transgresses in secret,” and as they say in another place, “Adulterers do not commit adultery until they are invaded by a spirit of stupidity,” [7] and the matter is true, for at the moment of the emotion – whichever emotion it will be – the intellect is incomplete. 

Based on these statements of Chazal, in light of the Rambam’s explanation, we can answer our second question as follows: the reason why secret transgressors are especially “curse-worthy” is because their aveiros involve a greater corruption of the intellect than the aveiros of public transgressors. When a person transgresses in secret, this reinforces the false notion that Hashem doesn’t know what we are doing, or has no dominion over our actions. Yeshayahu ha’navi condemns this mentality, saying: “Woe to those who try to hide in depths to conceal counsel from Hashem, and their deeds are done in darkness; they say, ‘Who sees us and who knows of us?’” (Yeshayahu 29:15). 

Rashbam [8] takes an entirely different approach, based on a pasuk (verse) in Parashas Nitzavim: “The hidden [sins] are for Hashem, our God, but the revealed [sins] are for us and our children forever, to carry out all the words of this Torah” (Devarim 29:28). Rashbam explains that it was only necessary for Hashem to curse these “secret transgressors” because they are beyond the reach of the human courts. In other words, the laws of the Torah are enforced by punishments. These punishments are meted out through a “division of labor,” so to speak: Beis Din (the court) is in charge of penalizing the public transgressors for their “revealed sins” via the punishments entrusted to them by the Torah (i.e. stoning, burning, beheading, strangulation, and lashes), whereas the penalizing of the secret transgressors for their “hidden sins” is in the hands of Hashem. 

According to the Rashbam’s approach, it’s not that these secret transgressions are more deserving of Hashem’s curses than public transgressions. Rather, it was necessary for Hashem to curse these secret transgressors for practical reasons – since there would be no other way to enforce these violations. In other words, if Beis Din could punish these secret transgressions, there would have been no need for these curses altogether. 

Whether one prefers the explanation based on Chazal in the Gemara or the explanation of the Rashbam, the bottom line message is clear: Hashem is the Chacham ha’Razim (Knower of Secrets), [9] and “God will judge every deed – even everything hidden – whether good or evil” (Koheles 12:14). 

End Notes

[1] Sefer Devarim 27:14-26 

[2] see Ibn Ezra, Rashbam, Baalei Tosafos, Chazkuni, Rosh, and others 

[3] Rabbeinu Shlomo ben Meir (Rashbam), Commentary on Sefer Devarim 27:15 

[4] Mishnah, Chagigah 2:1 

[5] Talmud Bavli, Maseches Chagigah 16a; Kiddushin 40a 

[6] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Commentary on the Mishnah, Chagigah 2:1 

[7] Tanchuma: Nasso 5 

[8] Rabbeinu Shlomo ben Meir (Rashbam), Commentary on Sefer Devarim 27:15 and 2:28 

[9] Phrase borrowed from the berachah which is recited upon seeing 600,000 Jews gathered in one place.