Translation:Shulchan Aruch/Yoreh Deah/334

How we dealt with the outcast or the excommunicate, conditions of casting out, and laws of his restoration

1
Whoever transgresses a prohibition is outcast (NDH) immediately.
 * Rema: But for financial matters we do not cast him out until he's warned [YTR] three times, namely [on a consecutive] Monday-Thursday-Monday (Tur) by the Beit Din, as will be explained in Vol. 5 (Choshen Mishpat) Siman 11

A casting out may not be less than thirty days, and if he does not repent in that time, we cast him out again after the thirty days. And if he doesn't repent then, we await him another thirty days, then excommunicate (ChRM) him. Even if a Festival intercepts the thirty days, it doesn't nullify it. By the way: Because an outcasting of thirty days is their [the sages'] outcasting, but our outcasting is like their admonition (NZF), which is seven days; and our admonition is but one day.


 * Rema: And we cast out whoever is liable to be cast out, even if there's reason to suspect thereby he'll fall into bad company; we disregard this. (Piskei MHRA"Y #138).

2
A nidui (outcast), no one sits within four amot of him, except for his wife and children (RaN).

And we don't eat [Rema: or drink with him (Tur)] or do Zimun with him [for Grace], and we don't include him in anything that requires ten.


 * Rema: But if he was not outcast explicitly, even though he's a transgressor or has trespassed community rules, we count him for minyan of ten to pray with him (Rivash #172 and Mordekhai, top of "Shevuot shtayim," and Hagahot Alfasi perek "Elu megalchin").

And even an actual outcast, who we don't include in a minyan, anyhow it's permitted to pray whilst he's in the synagogue (B"Y in the name of responsum Rashba and Rivash #173). And the custom of driving him out of the synagogue is so that he not press near any individuals, who need to keep four amot distance (ibid, Rivash).

And he's prohibited to do laundry, take a haircut, or fasten his sandal (Raavad and Rosh), like a mourner, but he's permitted to words of Torah; he teaches and we teach him; he's hired and we hire for him. Whereas an excommunicate neither teaches nor do we teach him, is not hired and we do not hire for him, and also we do not provide him any more pleasure than vital necessities (responsum of Rashba). But he teaches himself so that he not forget his learning, and makes himself a little store for his sustenance. And it's permitted to talk with an outcast or excommunicate, unless the beit din excluded this explicitly.


 * Rema: But in any case one should not talk too much with him, and only talk with him out of necessity, like one talks with a mourner (Hagahot Alfasi and Rivash ibid.). In the place it's forbidden to sit within his four amot, whenever a person sits first then the outcast comes there, he needn't move away from there (BY in the name of the pamphlet).  And it's forbidden to enter his house, as it's considered his four amot, and there's no difference between standing or sitting (ibid).

3
An nidui who died, the Beit Din sends and lays a stone on his casket, and his relatives do not tear Kri`ah for him, nor remove [shoes? חולצין], nor eulogize; this applies to disrespecting (apkirutha) and transgressing the sages' words. But for financial, when he dies he's exempt from their decrees, and we don't stone his casket, and they eulogize him fittingly.

4
Even if they outcast him for transgressing the sages' words, if he's repented even though they haven't released his nidui we engage with him in all regards.

5
Even though it's forbidden to eat or drink with the outcast or excommunicate, in any case whoever eats or drinks with him doesn't have the status of outcast.

6
If the Beit Din wanted to reduce his nidui less than thirty days or extend it, they have permission.
 * Rema: And the Bit Din has permission to be severe with him, that no one circumcises his sons, and to not bury him if he dies (Binyamin Zeev #289 and כ"כ הב"י in the name of Ramban #244), and expel his children from school and his wife from synagogue, until he accept the judgement (N"Y perek Hagozel).

7
When the time transpires they may release him if they wish even if he's not repented. But anyhow it's good if they don't release him if he'll not repent, lest fear of them diminish.

8
If the Beit Din wants to be more severe with him and excommunicate him, they're permitted.

9
If the Beit Din saw how grave was the prohibition and transgression, they excommunicate as well whoever eats and drinks with him and whoever sits within his four amot.

10
If the Beit Din saw fit to [further] outcast him, to make no Zimun with [another] three, not pray with [another ten], not bury him if he dies, and not circumcise a child of his, they're permitted.

11
If he was outcast for a transgression, he is not counted for a ten.

12
That which we said about the regular outcast, that he is has the prohibition rules of an outcast, is specifically for one outcast by the Beit Dit; he is outcast for everyone, whether he came to the Beit Din, or did not obey a ruling, or contempt, or a transgression. Whether the Beit Din outcast him or whether any person outcast him, his rule is the same, whether for his city or a different city. But a half-outcast, for example when a student outcasts someone for insulting his honor, or likewise someone outcast to a different city whom they outcast for insulting their honor, do not have all the prohibition rules of an outcast. Rather, people distance him in order to shame him, but he needn't practice mourning.

13
What we said, a regular Nidui is thirty days, is namely regarding when we outcast him, "So-and-so will be in Nidui thirty days." But anyhow if he repents if he was outcast for monetary, or contempt but then appeased his judge, he's released immediately. And even if he didn't repent, there's an opinion we release him after thirty days. That is, as long as he comes to Beit Din and asks they release him. But if he scorns the nidui and does not ask his release, they leave him in nidui till he dies. And there's an opinion counter to this (Rema: and which holds that even after thirty days we don't release him till he repents (BY in name of Rambam), but within thirty they don't release him even if he repents (so it seems in BY according to Rambam))

14
Reprimand (NeZiFah) is when a gadol [person with standing] scolds him, saying: How brazen is Ploni... This is his sentence: he shall be confined to his house. He shall be jailed and not see his jailor. He shall minimize frivolity, speech and his activities. He shall afflict himself in view of all who see him. But he need not isolate from people, not in eating, drinking, or greetings. So he need not practice any of the mourning rules, and needn't appease the one who he was brazen to. And he requires no release; rather, when he has conducted as a reprimandee (NeZuF) the time of the reprimand, he is automatically released.


 * Rema: And even if the gadol said nothing, he just knows the gadol begrudges him in his heart, he needs to practice nezifah on his own. (Resp. R' Dawid Kohen #22)

15
Someone outcast by a teacher is outcast to his student. Someone outcast by a student for offending his honor is not outcast to his teacher, but he's outcast to other people. This is specific to someone outcast not in the teacher's presence; but in the teacher's presence it's contempt (Apkiruta), and his Rav does not honor him and may well do so.



16
A student may outcast someone who disgraced his teacher or father, but in any case since the teacher hasn't outcast him and also the Beit Din did not, he's not outcast by the teacher.

17
To whom does this apply? To whoever was outcast due to spurning a talmid chakham. But whoever was outcast for other things that require nidui, even if the least Yisrael outcast him, the national leader and all Yisrael must hold in nidui until he repents of the thing he was outcast for and is released.

18
Someone who is a rav due to governmental recognition but who is not a rav in the Torah, may not cast out on account of offense to his honor.


 * Rema: And all the more so if someone acts domineering or rabbinical on account of his wealth or pedigree; he may not cast out for his honor (BY in the name on Kuntressin). For insult to honor of a rav, we outcast specifically and do not excommunicate (BY and Rivash #173), if he doesn't carry on with the controversy too long (ibid. Rivash). And that which we said, a rav who cast out [someone] for his honor, he's outcast to his students, that is if the outcast did not repent before he outcast him, even if he promised the rav to appease him afterwards it doesn't help, until he becomes an avel.  But if before he's outcast he spoke to appease the rav and he disregarded him and outcast him, he's not outcast at all to his students, and as soon as he says he'll repair what he's done wrong according to what chakhamim tell him, there's no nidui on him (MHRYK shoresh 169).  A community who ordained that a man may not cast [people] out for his honor, their takanah [ordinance] has no bearing.  So if the rav stands and outcasts for his honor his nidui is nidui. (Resp. Rashba #169)

19
An elder who cast out [someone] for his own [the elder's] sake, even if in accord with halakhah, it's not a nidui.


 * Rema: Meaning his intent was not for the Torah's honor, rather to gain money that he'd give him for releasing his nidui (Tur in the name of Avi HaEzri); or he did it because of hatred, for instance as it sometimes happens that someone outcasts him, and others do the same; he's not outcast.

20
One outcast from his own city is outcast to other cities (even if it's larger (Tur)).

One outcast to another city is not outcast to his own city.


 * Rema: But he is outcast to other cities comparable to the city that outcast him (Tur). Residents of a city where they made an excommunication on whoever comes to live in their city, does not apply to one who comes to live there, unless he has a rav in the city, in which case he needs to fulfill the excommunication by his rav.  But they can themselves establish to exclude themselves from doing commerce with him (Mordekhai perek Lo'-yachpor)

21
Outcast by the nasi (chief) is outcast to all Yisrael. Outcast by all Yisrael is not outcast to the chief.

22
It has become the practice to not practice nidui, for transgressing a community's decree, with cherem or nidui until he's publicly announced.


 * Rema: Whoever transgresses Rabbeinu Gershom's gezerah, by root of the law if he transgressed unintentionally he needs no release,

and if he transgressed intentionally, any ten-man panel is an envoy of R"G to release him when he turns back his mind. For we have said, the intention of R"G was this way from the outset, to practice nezifah and nidui with him according to their opinion (Hagahot Mordekhai DB"K in the name of Rashi's responsum). But for a thing that he decreed explicitly that he be in nidui forever, he's in nidui forever if he transgressed willfully (ibid).

23
How is release from nidui performed? They tell him, you're released, you're forgiven. And if he's not present they say "[Ploni] is released."

24
The nidui can be released by three laymen or one expert. A student can release a cherem or nidui in even in lieu of his rav.


 * Rema: And any cherem or nidui that hasn't been released, even if he's been a long time in nidui and has repented, nevertheless he's not released until they permit him explicitly. (B"Y in the name of Kuntres ShK"K in the name of Raavad)

25
Three people who were outcast and went away, then turned back from the the thing they were outcast for &mdash; three others may release them. And there's an opinion that says a number greater than them is required.

26
If three outcast him, two cannot release him unless the third gives them permission.

But the three of them can release him even if they are not present with eachother, even though they were together when they outcast him.

And if they were divided when they outcast him, they all need to release him,

and all those who changed their minds during the outcasting are counted as having cast him out, and they too need to release him.

27
If they outcast him with no special terms, even if thirty days have passed for him, he always remains in nidui until they release him.

28
If he spurned his nidui or cherem he must practice restrictions the same number of days he practiced permission, before they can release him.

29
If he was outcast in person he can only be released in person. (And if they released him not in person, some say after the fact he's permitted) (Haran Nedaradim ch. 1, so too it seems from Responsa Rashba #703.)

If he was outcast not in person he may be released even if not present.

30
If they outcast him with conditions, the nidui applies and he needs release even if he fulfills the conditions.

Even if he excommunicated himself on a condition. This is only if the menudeh is unsure when the condition was made, whether he can fulill it. But if it's clear to him that he can fulfill it he doesn't need release.

31
Even if he set a deadline, saying he'll be in nidui "If I don't do such and such by such time," they can release him immediately even if the time has not come.

32
One who outcasts himself in this world and the text, some say he has no release. So one who guards his soul should stay far from this.

33
A Talmid chakham who outcast to himself, may release himself, even if he was outcast according to someone else's opinion, and even for a thing that obligates a person for nidui. There's an opinion that if he was liable for nidui he cannot release himself, and an opinion that if it was by way of oath (shavua) he cannot release himself.

34
Someone who isn't a talmid chakham and who cast himself in isolation, there's an opinion that ten are needed to release him.

35
If they outcast him in a dream, it's a nidui and requires release. And even if they release him in the dream this is insignificant. And even if he knows who outcast him, he cannot release him. He needs ten mortals who review halakhot to release him. If he cannot find these, he must seek up to a parsah distance, and if he doesn't find, he may be released even by ten who review mishnah. If he cannot find these, he may be release even by ten who read Torah. If he doesn't find, he's released even by ten who can't read. If he doesn't find ten in his place, even three may release him.

(And some say he has no release except by ten who review halakhot or mishnayot (Tosafot). However, it suffices if they release him one after another.) (Tur in the name of Rosh)

36
Some say if they outcast him in a dream, and he [?] sent an agent to release him without his presence, if the agent finds ten assembled they release him, and if not then not.

37
One who hears vain mention of the Name from a peer, or if he swore falsely in his presence, or said an unnecessary bracha, is required to outcast him. And if he does not outcast him he himself is chayav nidui. And he needs to be released immediately so he does not make others stumble.

38
Under what conditions? When the person swearing or making vain blessing does it intentionally. But if by mistake and not knowing it's forbidden, it's forbidden to outcast him.

39
One who outcasts his fellow unlawfully, then furthermore tells him the nidui of another person is nidui:

This [amounts to] the statement that the second person's [nidui] takes precedence.

Or he doesn't know who it is, for we suspect he is (although unreliable (MHRIK #158)) a greater rav than the [first one] one outcasting. However if the one outcasting unlawfully is a talmid chakham and the other isn't a talmid chakham then no.


 * Rema: The same rule applies if the student is against his rav. He cannot contradict him without permission of the beit din. (MHRIK #170).  One who tells his fellow, "Do not do this thing in nidui," and someone else tells him just the oppopsite: Even though he's violating the law, anyhow the nidui of the second is nothing at all, because he did not just plain outcast him, rather he told him, "Don't do this thing in nidui." (B"Y in the name of responsa Rivash)

40
A talmid chakham who was disparaged by a wicked until he outcast him, and the wicked one told him, "On the contrary, let them announce that the wicked is outcast" &mdash; he shall remain in his nidui 30 days, then ask forgiveness in public; so did the Rosh teach.

41
An older brother who shamed his younger brother, and he's a talmid chakham, and he outcast the younger one to the older one, his nidui is nidui.

42
A chakham, old in chokhmah, or av beit din who did something wrong, we never outcast him publicly. Unless he did like Yerav`am ben Nevat and company. But if he committed other mistakes he's lashed privately. Same for any talmid chakham liable nidui, it's forbidden for the beit din to jump to outcast him quickly. Rather, we flee and avoid him. And the pious of the chakhamim were praised that they were never counted as outcasting a talmid chakham, although they were counted as having lashed him if he incurred malkot or makkat mardut. And if his reputation was hateful for instance he delved in books of apikorsut or drinks varieties of [foreign] music or his fellows are ashamed of him and the name of Heaven is profaned by him, they excommunicate (m'shamtin) him.

43
A person is outcast for 24 things, which are:
 * 1. Disparaging a chakham, even after his death.
 * 2. Disparaging a messenger of the beit din.
 * 3. Calling his fellow an `eved.
 * 4. Belittling any one thing from divrei sofrim, needless to say divrei Torah.
 * 5. Being summoned by the beit din and not coming.
 * 6. Not accepting the judgement; he's outcast until he gives.
 * 7. Possessing an instrument of danger; he's outcast until he removes the harmful thing.
 * 8. he who sells his immovable property to an idolater is ostracised until he will assume responsibility of any mishap that may be brought about by the idolater against his fellow, the Israelite, his erstwhile adjoining neighbor;
 * 9. he who testifies against an Israelite in the idolatrous court, and judgment is obtained against him as a result of his evidence to pay money contrary to the laws of Israel, is ostracised until he will make restitution;
 * 10. a priest who is a butcher and does not separate the priestly gifts and give them to another priest is ostracised until he will give;
 * 11. he who disgraces the second day of a holiday in Diaspora, even though it is but a custom;13Maimonides only refers to the foundation of the second day of holiday in Diaspora which rests upon custom, but he does not refer to any act of violation thereof which was forbidden by enactment of the Scribes. G.
 * 12. he who does servile work during the afternoon of Passover Eve;
 * 13. he who mentions the Name of Him Who is in heaven in vain or takes oath by the Name in non-essential matters;
 * 14. he who causes many to commit blasphemy against the Name;
 * 15. he who causes many to eat holy food without [See Pesahim 54]
 * 16. he who calculates years and appoints months in Diaspora [See Berakhot 63. The reason for this admonition, is that the Torah must come forth out of Zion.]
 * 17. he who causes the blind to stumble;
 * 18. he who deprives many of performing a mandatory commandment;
 * 19. a butcher who underhandedly deals out terefah;
 * 20. a Shochet who practices She'hita without having his slaughtering knife examined by and obtained authority from a Rabbi;
 * 21.he who consciously brings on erection;
 * 22.he who divorced his wife and then forms a partnership between himself and her, or establishes a business which brings them together, when they appear before a tribunal, they should be ostracised;
 * 23. a scholar of a universally evil reputation;
 * 24. he who excommunicates one who was not guilty of an offense punishable by excommunication.

Rema: And for the concern of nidui, witnesses and clear proof are not needed.

But rather, mental estimation of truth of the matters, that the accuser asserts it clearly, then even a woman, even a minor is believed, if awareness provides that the thing is true.

44
A sage who ruled to permit [remarriage of a woman whose husband is alleged to have drowned] in unbounded water, is liable to excommunication. So too whoever transgresses his neder/ oath.

And any court that relies on him for questions, is liable to ostracism. (is bar shamta)(see for possible distinction between shamta and nidui).

Also those who perform labor whilst there is a corpse in town that is still not buried: they are liable excommunication, unless there are [burial] teams in town.

Also whoever makes leniencies or stringencies, or a gezeira shawah to uproot a thing from the Torah, or who asks an impossible question. Also whoever is wary of his fellow in some matter and turns him in to the king or judge, we ostracize him till he comes forth and stands in beit din. Also a talmid chakham who holds fast in a dispute against the majority. Also whoever gives a ruling in place of his rav.

45
"Tzorba" (lit. burn, scalb), ‎a ‎student ‎of ‎rabbinical ‎lore, miderabbanan he can outcast whoever was wanton towards him.

And if his judgement is clear-cut, for instance he called him a slave, he is outcast to all Yisrael.

But if his judgement is not clear-cut, he's not outcast but for those who are lesser.

(Even if he did not disparage him explicitly but had mere  intent to disparage him, per our inferred estimate) (MHRYK #301)

46
Reuven owing money to Shimon who refuses to pay it off: If Shimon outcasts Reuven so that he pays him, his nidui stands.

Rema: Some say a man should not bring judgment on his soul by casting out his fellow because of money (ibid. #25 in the name of MHRM and RABD). This is the main thing, as it's written, "If your fellow expresses willingness to listen to the law..." (MHRYN #229).

47
Someone who disdains a Chakham even verbally and even after death if the thing has witnesses the bit din outcasts him publicly, and they release him when he repents, but if the chakham is alive they don't release him until he appease the chakham for whose sake they outcast him. (However if he's done what he must and the chakham doesn't want to forgive him they release him from his nidui) (B"Y). Likewise the chakham himself outcasts for his honor an `am-ha'aretz, ignoramus, who was wanton toward him, and needs nor witnesses nor warning, and they don't release him until he appease the chakham, and if the chakham is dead, three come and release him.
 * Rema: And see above at the end of SAOC 243 (in Rema), whether we apply the rule of a talmid chakham in these times. Someone who calls a chakham an informer or traitor, there is no greater shame than this, and he's outcast for it. (MHRYK #180)

48
If they outcast a certain man for having committed some transgression and the ruler decrees punishment on whoever maintains the nidui, we are obliged to enter in risk of punishment in order to maintain our religion.

But if they outcast him for things that are between him and his fellow for instance they brought suit in the idolaters' courthouses, we needn't go in risk.

Rema: And see both #228 above and #232.12. Even though a man must chastise those that commit transgressions and whoever doesn't chastise and has the power to do so will be caught in that sin: anyhow a man isn't obliged to extract [a judgement] from him for this. Thus we're accustomed to be lenient in censuring those that commit transgressions, for there's reason to suspect they might attack our life or property. (MHRYN #157)