41

Not to refrain from incriminating him

The Luchos - Ten Commandments
לֹא־תֹאבֶ֣ה ל֔וֹ וְלֹ֥א תִשְׁמַ֖ע אֵלָ֑יו וְלֹא־תָח֤וֹס עֵֽינְךָ֙ עָלָ֔יו וְלֹֽא־תַחְמֹ֥ל וְלֹֽא־תְכַסֶּ֖ה עָלָֽיו׃ - פָּרָשַׁת רְאֵה
Deuteronomy 13:9 - "You shall not desire him, and you shall not hearken to him; neither shall you pity him, have mercy upon him, nor shield him."

This Mitzvah's Summary

מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Idolatry – עֲבוֹדָה זָרָה

It is forbidden to conceal or withhold testimony against one who entices others to idolatry.

This mitzvah prohibits covering up for the mesit or hiding information that would lead to his punishment. Unlike other sins, where one might hesitate out of compassion or fear, the Torah commands that no protection be afforded to the enticer. Rambam (Hilchot Avodat Kochavim 5:4) rules that one must expose and testify against the mesit, even proactively.

The Talmud (Sanhedrin 67a–b) teaches that the mesit is judged with unparalleled strictness, and witnesses may even initiate cases against him by presenting evidence unbidden. Sefer HaChinuch (Mitzvah 467) explains that concealment would embolden idolatry and weaken the people’s loyalty to Hashem. Rashi (Deut. 13:9) stresses that withholding testimony is itself a transgression, for silence protects betrayal. Ramban notes that this mitzvah is not about cruelty but about survival of faith — concealment would allow spiritual poison to spread unchecked. Midrash (Sifrei Devarim 87) frames revealing the mesit as a sacred act of loyalty to Hashem.

Commentary & Classical Explanation:

  • Rambam (Avodat Kochavim 5:4): One must expose the mesit and never conceal him.
  • Sefer HaChinuch (467): Concealment would embolden idolatry.
  • Talmud (Sanhedrin 67a–b): Witnesses are obligated to speak out against the mesit.
  • Rashi (Deut. 13:9): Silence itself is sinful in this case.
  • Ramban: Refusing to conceal protects the covenantal community.
  • Midrash (Sifrei Devarim 87): Revealing the enticer is a sacred declaration of allegiance.

Contrast with Mitzvah 40 (Not to defend the missionary):

  • Mitzvah 40 forbids speaking for him.
  • Mitzvah 41 forbids silence about him.
  • Rambam explains that both speech in defense and silence in accusation undermine Israel’s loyalty.

Parallel to False Witnesses (Mitzvah 576–577):

  • Both concern courtroom truth-telling.
  • Talmud (Sanhedrin 90a) links concealing testimony about a mesit to the same severity as lying in court.
  • Ramban explains both mitzvot uphold truth as the foundation of covenantal justice.
(Source: Chabad.org)

Applying this Mitzvah Today

Moral Responsibility to Testify

  • Rambam (Hilchot Avodat Kochavim 5:4) emphasizes that silence in the face of missionary activity is itself a betrayal of Torah. In modern life, this extends to actively reporting missionary efforts — whether in schools, communities, or online — to proper rabbinic and communal authorities.

Guarding the Community

  • Sefer HaChinuch (Mitzvah 464) explains that the Torah demands communal vigilance against spiritual threats. Today this means parents, teachers, and rabbis cannot ignore missionary influence when it appears in subtle or disguised forms (such as humanitarian aid tied to proselytizing). Speaking out fulfills the mitzvah.

Digital Awareness

  • In the internet age, missionaries operate through websites, social media, and disguised Jewish content. This mitzvah teaches that Jews should not refrain from “testifying” — exposing and clarifying — when such material spreads. Posting warnings, reporting harmful accounts, or writing clarifications protects others from falling prey.

Integrity Over Silence

  • Ramban (Deut. 13:9) comments that withholding incriminating words equates to shielding evil. Contemporary society often prizes tolerance, but the Torah obligates Jews to defend truth even at the cost of discomfort. This mitzvah directs us to prioritize integrity and communal protection over silence.

Preventing Confusion Among the Vulnerable

  • Talmud (Sanhedrin 67a) warns that even hesitation in incriminating a missionary emboldens them. Today, silence can create the impression that their arguments are legitimate or permissible. The mitzvah underscores proactive clarification to protect Jews who are searching, learning, or spiritually vulnerable.

Notes on this Mitzvah's Fundamentals

Idolatry – עֲבוֹדָה זָרָה

  • Rambam (Avodat Kochavim 5:4) codifies that silence toward a mesit is a form of enabling idolatry. Talmud (Sanhedrin 67a) emphasizes that exposure is a mitzvah, for concealment spreads avodah zarah by omission. Sefer HaChinuch (467) states this protects the nation from spiritual collapse.

Faith – אֱמוּנָה

  • Rashi (Deut. 13:9) insists that failure to expose the mesit is disloyalty to Hashem. Ramban stresses that true emunah demands action against betrayal. Midrash (Sifrei Devarim 87) highlights that revealing the enticer strengthens faith publicly, affirming Israel’s allegiance.

Core Beliefs – יְסוֹדוֹת הָאֱמוּנָה

  • Rambam (Sefer HaMitzvot, Negative Commandment 21) writes that concealing the enticer undermines Torah’s foundations. Sefer HaChinuch explains that truth and exposure safeguard ikarei emunah. Without this mitzvah, the very principles of belief would be corroded.

Speech – דָּבָר

  • Talmud (Sanhedrin 67b) stresses that silence is as damaging as false speech. Rambam notes that the power of words here is inverted — one must speak out to protect faith. Rashi adds that silence is complicity in betrayal.

Justice – צֶדֶק

  • Ramban emphasizes that justice requires truth without concealment. Sefer HaChinuch explains that sparing the mesit is cruelty in disguise, violating real tzedek. Talmud (Sanhedrin 90a) connects this mitzvah to the cosmic principle that truth sustains the world.

Reverence – יִרְאַת שָׁמַיִם

  • Rambam describes awe of Heaven as prioritizing truth over fear or compassion. Midrash explains that yirat Shamayim is expressed by refusing to compromise with betrayal. Rashi notes the Torah’s stringency here demonstrates that reverence demands full exposure.

Community – קְהִלָּה

  • Rambam warns that concealing the mesit allows corruption to spread in the kehilla. Midrash (Sifrei Devarim 87) frames exposure as communal protection. Sefer HaChinuch stresses that loyalty to the community requires prioritizing the public good over private compassion.

Bein Adam L’Makom – בֵּין אָדָם לְמָקוֹם

  • Rambam teaches that this mitzvah is direct allegiance to Hashem, since silence is betrayal of the covenant. Sefer HaChinuch clarifies that failing to expose the enticer severs one’s direct responsibility to G-d. Talmud (Sanhedrin 67a) emphasizes that testimony here is service of Heaven itself.

This Mitzvah's Fundamental Badges

Idolatry - עֲבוֹדָה זָרָה

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Mitzvot that prohibit worship of false gods and practices associated with idol worship.

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Faith - אֱמוּנָה

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Represents Emunah—the deep, inner trust in Hashem’s presence, oneness, and constant involvement in our lives. This badge symbolizes a heartfelt connection to G-d, rooted in belief even when we cannot see. It is the emotional and spiritual core of many mitzvot.

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Core Beliefs - יְסוֹדוֹת הָאֱמוּנָה

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Used for mitzvot that reflect Judaism’s foundational principles—belief in G-d, reward and punishment, prophecy, Torah from Heaven, and more. These commandments shape the lens through which all others are understood.

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Speech - דָּבָר

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Pertains to the power of speech—both positive and negative—including lashon hara, vows, and blessings.

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Reverence - יִרְאַת שָׁמַיִם

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Signifies awe and reverence toward Hashem—living with awareness of His greatness and presence.

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Between a person and G-d - בֵּין אָדָם לְמָקוֹם

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Mitzvot that define and deepen the relationship between a person and their Creator. These include commandments involving belief, prayer, Shabbat, festivals, sacrifices, and personal holiness — acts rooted in divine connection rather than human interaction.

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