[Avodah] name calling

[Micha Berger]

On Wed, Jun 25, 2025 at 06:18:31AM +0300, R Joel Rich wrote:
>> as it is taught in a baraita: One who calls another a slave shall be
>> ostracized. One who calls another a mamzer incurs the punishment of forty
>> lashes. If one calls another a wicked person then the insulted person may
>> harass him in all aspects of his life.

> In light of this halakha, it is
> clear that the court will not force the accused to respond to this insult
> by taking an oath.

> Any thoughts on which is worse and why the specific punishments?

I went to the source -- Qiddushin 28a.

Rashi ("yehei benidui", "sofeig es ha'arba'im") says that this a
descending sequence. Nidui is worse than malqos, which is worse than
the victim having license to harass the slanderer back.

Meiri (<https://www.sefaria.org/Meiri_on_Kiddushin.28a.3>) emphasizes the
middah keneged middah aspect. Slaves don't get to be part of free-people
society. Avdus is a king of "arur", as in "arur Kenaan.. vayehi Kenaan
eved lamo". And therefore he is arur.

Calling someone a mamzer opens that person up to getting malqos for "lo
yava mamzeir". So, the rabbanan have the course give the slanderer malqos.

Whereas slander is harassment. It might even be that the victim may hit
him, as in Moshe asking "Rasha, lamah takeh rei'ekha?"

The Meiri reminded me of eidim zomemim. Because a sladerer is getting
"ka'ashe zamam la'asos le'achiv".

Tir'u baTov!
-Micha

-- 
Micha Berger                 There's only one corner of the universe
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