40

Not to say anything in his defense

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 argue or speak in defense of one who entices others to idolatry.

This mitzvah prohibits presenting arguments in favor of the mesit. While normal judicial process values defense and fairness, the Torah uniquely suspends that principle in the case of the enticer to idolatry. Rambam (Hilchot Avodat Kochavim 5:3–4) rules that one must not defend the mesit in court, for doing so would strengthen rebellion against Hashem.

The Talmud (Sanhedrin 67a) states that while every defendant usually deserves defense, the mesit is an exception because his crime targets Israel’s covenant at its root. Sefer HaChinuch (Mitzvah 466) explains that Hashem, the ultimate Judge, commanded this special rule to protect emunah itself. Rashi (Deut. 13:9) highlights the Torah’s unusual language forbidding pity, sparing, or defense, teaching that misplaced compassion here is itself a sin. Ramban adds that defending the mesit is not kindness but treachery to the community. Midrash (Sifrei Devarim 87) frames this mitzvah as the demand for uncompromising allegiance to Hashem’s kingship.

Commentary & Classical Explanation:

  • Rambam (Avodat Kochavim 5:3–4): Defense is prohibited for the mesit, unlike any other defendant.
  • Sefer HaChinuch (466): The exception exists to safeguard emunah itself.
  • Talmud (Sanhedrin 67a): The mesit alone is denied defense, reflecting his unique danger.
  • Rashi (Deut. 13:9): Torah’s strict wording eliminates all avenues of misplaced compassion.
  • Ramban: To defend the mesit is betrayal, not kindness.
  • Midrash (Sifrei Devarim 87): Defense is prohibited as a declaration of loyalty to Hashem.

Contrast with Mitzvah 39 (Not to save the missionary):

  • Mitzvah 39 prohibits practical rescue or sparing.
  • Mitzvah 40 prohibits verbal defense or advocacy.
  • Rambam explains that both actions weaken Israel’s resolve against idolatry but through different channels — deeds and words.

Parallel to Mitzvah 41 (Not to conceal the missionary):

  • Mitzvah 40 forbids defending him in court.
  • Mitzvah 41 forbids withholding testimony against him.
  • Talmud (Sanhedrin 67a) explains that together they ensure no shield — emotional, verbal, or judicial — can protect the mesit.
(Source: Chabad.org)

Applying this Mitzvah Today

Protecting Boundaries of Faith

  • Rambam (Hilchot Avodat Kochavim 5:4) explains that even arguing in defense of a missionary in court or public space risks legitimizing their words. Today this principle extends to refusing to defend missionaries’ agendas in cultural or academic debates. The mitzvah urges clarity: Torah does not share a platform with those who aim to uproot it.

Interfaith Respect vs. Missionary Legitimacy

  • While respectful interfaith cooperation is valuable, Chazal drew clear lines when faith itself is at stake. In modern times, this mitzvah directs us to avoid public gestures or statements that could be misconstrued as defending missionary arguments, even in the name of tolerance. Respect for individuals is required; legitimizing their religious claims is not.

Social Media & Online Platforms

  • Digital spaces give missionaries unprecedented reach. This mitzvah applies today by cautioning against “playing devil’s advocate” for missionaries in comment sections, debates, or Jewish forums. Even well-meaning defense of their right to speak can bolster their message and confuse seekers.

Safeguarding the Vulnerable

  • Sefer HaChinuch (Mitzvah 464) highlights that Torah law shields the spiritually unlearned from persuasion. In contemporary terms, the mitzvah obligates educators, parents, and communal leaders to ensure vulnerable Jews — youth, new learners, or those questioning faith — are not swayed by public defenses of missionary speech.

Moral Courage in Secular Contexts

  • Ramban (Deut. 13:9) stresses that silence is preferable to legitimizing idolatry. In today’s pluralistic world, this requires moral courage — participating fully in civic life while refusing to defend or advocate for positions that compromise Jewish faith.

Notes on this Mitzvah's Fundamentals

Idolatry – עֲבוֹדָה זָרָה

  • Rambam (Avodat Kochavim 5:3–4) teaches that advocacy for the mesit spreads idolatry indirectly. Talmud (Sanhedrin 67b) calls the enticer’s case unique — the normal protections of justice are withheld to preserve loyalty to Hashem. Sefer HaChinuch (466) frames this as fencing Israel against avodah zarah’s spread.

Faith – אֱמוּנָה

  • Rashi (Deut. 13:9) explains that verbal defense is itself an erosion of faith, as it lends legitimacy to rebellion. Ramban adds that faith requires uncompromising rejection, even against natural compassion. Midrash (Sifrei Devarim 87) calls this mitzvah an act of active faith: refusing to support rebellion in word or deed.

Core Beliefs – יְסוֹדוֹת הָאֱמוּנָה

  • Rambam (Sefer HaMitzvot, Negative Commandment 20) includes this prohibition as essential to protect ikarei emunah. Sefer HaChinuch stresses that Hashem commanded silence in defense of the mesit to keep the nation’s theological foundations unshaken.

Speech – דָּבָר

  • Talmud (Sanhedrin 67a) underscores that words are powerful: defense in court could sway judgment and normalize idolatry. Rambam emphasizes that speech here becomes a weapon against Hashem if misused. Rashi notes the Torah’s unusual stringency with speech in this context.

Justice – צֶדֶק

  • Ramban clarifies that justice requires rejecting misplaced kindness — advocating for the mesit is injustice to Israel’s covenant. Sefer HaChinuch adds that sparing him would be cruelty disguised as fairness, betraying true tzedek.

Reverence – יִרְאַת שָׁמַיִם

  • Rambam explains that reverence for Heaven means giving no honor or legitimacy to rebellion. Midrash teaches that awe is tested when compassion collides with truth, and one chooses Hashem’s will over emotion.

Community – קְהִלָּה

  • Talmud (Sanhedrin 113a) explains that defending the mesit would endanger the kehilla by normalizing traitorous speech. Rambam adds that only by refusing advocacy is communal faith preserved.

Bein Adam L’Makom – בֵּין אָדָם לְמָקוֹם

  • Rambam stresses that this mitzvah expresses direct fidelity to Hashem, for defending the mesit is itself disloyalty to G-d. Sefer HaChinuch explains that silence is required not for cruelty but as a declaration of allegiance to Heaven.

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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