Something Wicked This Way Comes: The Halacha of Witchcraft

22) God who freed them from Egypt Is for them like the horns of the wild ox. (23) Lo, there is no augury in Jacob, No divining in Israel: Jacob is told at once, Yea Israel, what God has planned.

(1) כי לא נחש ביעקב FOR THERE IS NO ENCHANTMENT IN JACOB — For they are worthy of blessing since there are no enchanters or diviners amongst them.

(10) Let no one be found among you who consigns his son or daughter to the fire, or who is an augur, a soothsayer, a diviner, a sorcerer,

(2) כעת יאמר ליעקב וגו׳ IN DUE TIME IT SHALL BE SAID TO JACOB etc. — Once again will there be a time as this time (כעת) when the love which God bears them will be made manifest in the sight of all, because they sit before Him and learn the Torah at His mouth, and the place assigned to them will be inward of that of the ministering angels and these will enquire of them, מה פעל אל WHAT HATH GOD WROUGHT. This is the meaning of what is said, (Isaiah 30:20) “And thine eyes shall see thy Teacher” (Midrash Tanchuma, Balak 14). — Another explanation is that יאמר ליעקב does not express what is to happen in the future but expresses what takes place in the present: They require no enchanter nor diviner, for at every time (כעת) when it is necessary that there should be told to Jacob and to Israel what the Holy One, blessed be He, hath wrought and what are His decrees on High, they do not do enchantment nor divination, but it is told to them (יאמר ליעקב) by the mouth of their prophets what is the decree of the Omnipresent (מה פעל אל), or the Urim and Thummim declare it to them. — Onkelos, however, did not translate it thus.

The warlock is also liable to be executed by stoning. One who performs a real act of sorcery is liable, but not one who deceives the eyes, making it appear as though he is performing sorcery, as that is not considered sorcery. Rabbi Akiva says in the name of Rabbi Yehoshua: For example, two people can each gather cucumbers by sorcery. One of them gathers cucumbers and he is exempt, and the other one gathers cucumbers and he is liable. How so? The one who performs a real act of sorcery is liable, and the one who deceives the eyes is exempt.

The Gemara relates: Ze’eiri happened to come to Alexandria of Egypt. He bought a donkey. When he was about to give it water to drink the magic thawed when the donkey touched the water and it was revealed that it was not a donkey, and it turned into the plank of a bridge. The ones who sold it to him said to him: If you were not Ze’eiri, a distinguished person, we would not refund you the money for the donkey. Is there anyone who buys an item here and does not examine it first with water? Since sorcery was widespread there, anyone who bought an item examined it in order to find out if it was affected by sorcery, and if one did not examine an acquired item by exposing it to water and it turned out to be under a spell, he suffered the loss.

The Gemara relates: A man named Yannai arrived at a certain inn. He said to the innkeepers: Give me water to drink. They brought him flour mixed with water. He saw that the lips of the innkeeper woman were moving, and he cast a bit of the drink to the ground, and it turned into scorpions, and he understood that the innkeepers performed sorcery on the drink. Yannai said to them: I drank from yours; you too drink from mine, and he also performed sorcery on the drink. He gave it to her to drink and she turned into a donkey. He rode upon her and went to the marketplace. Her friend came and released her from the sorcery, and people saw him riding on a woman in the marketplace.

The mishna teaches that the case of the warlock is referring to one who performs a real act of sorcery. The Sages taught in a baraita: The verse: “You shall not allow a witch to live” (Exodus 22:17), does not refer only to a female who practices sorcery; both a man and a woman are included. If so, why does verse state “a witch”? This is because most women are familiar with witchcraft.

(1) In most cases the condition is added that women must perform these actions. Thus it is stated in reference to the means of obtaining rain, that ten virgins dressed with diadems and red garments should dance, push each other, moving backwards and forwards, and make signs to the sun: the result of this long process was believed [by the idolaters] to be a downpour of rain.

With regard to this derivation, Rabbi Yehuda said to him: And because the Torah juxtaposes this matter with that matter, shall we take this person out to be stoned? Should he be sentenced to the most severe type of capital punishment on that basis? Rather, the source is as follows: A necromancer and a sorcerer were included in the general category of warlocks, and why were they singled out from the rest, with their prohibition and punishment stated independently? This was done in order to draw an analogy to them and say to you: Just as a necromancer and a sorcerer are executed by stoning, so too, a warlock is executed by stoning.

(3) מעונן — Rabbi Akiba said, Such are people who assign times (עונות plural of עונה “period”, “time”) — who say, “This time is auspicious to begin some work”; the Sages, however, say, It refers to those “who hold your eyes under control” (who delude by optical deception; they connect מעונן with עין “eye”) (Sifrei Devarim 171:9).

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...The number of these stupid and mad things is great; in all of them without exception women are required to be the agent. Witchcraft is intimately connected with astrology; those that practise it assign each plant, animal, or mineral to a certain star, and believe that the above processes of witchcraft are different forms of worship offered to that star, which is pleased with that act, word, or offering of incense, and fulfils their wishes.

(1) THE precepts of the second class are those which we have enumerated in the section "On idolatry." . They caused others to believe, or they themselves believed, that by means of these arts they would perform wonderful things in reference to an individual person, or to the inhabitants of a whole country, although no analogy and no reasoning can discover any relation between these performances of the witches and the promised result. ...There are many things comprised by witchcraft; they may be divided into three classes: first, witchcraft connected with objects in Nature, viz., plants, animals, or minerals. Secondly, witchcraft dependent for its performance on a certain time; and thirdly, witchcraft dependent on the performance of certain acts of man, such as dancing, clapping, laughing, jumping with one leg, lying on the ground with the face upward, burning a thing, fumigating with a certain material, or speaking intelligible or unintelligible words. These are the various kinds of witchcraft. In some cases all these various performances are required. Thus the witches sometimes order: take a leaf of a certain plant, when the moon is seen in a certain degree [of the Zodiac] in the east point or in one of the other cardinal points [of the horizon], also a certain quantity of the horn, the sweat, the hair and the blood of a certain animal when the sun is, e.g., in the middle of the sky, or in some other definite place; and a portion of a certain mineral or minerals, melted at a certain conjunction of sun and moon, and at a definite position of the stars; speak then, and say certain words, and fumigate with those leaves or similar ones to that molten image, and such and such a thing will happen.

(3) .... It is the object and centre of the whole Law to abolish idolatry and utterly uproot it, and to overthrow the opinion that any of the stars could interfere for good or evil in human matters, because it leads to the worship of stars. It was therefore necessary to slay all witches as being undoubtedly idolaters, because every witch is an idolater: they only have their own strange ways of worship, which are different from the common mode of worship offered to those deities. But in all performances of witchcraft it is laid down as a rule that women should be employed in the chief operation; and therefore the Law says, "Thou shalt not suffer a witch to live" (Exod. 22:17). Another reason is the natural reluctance of people to slay women. This is also the cause why in the law of idolatry it is said "man or woman" (Deut. 17:2), and again repeated a second time, "the man or the woman" (ibid. ver. 5)--a phrase which does not occur in the law about the breaking of Sabbath, or in any other law; for great sympathy is naturally shown to women. Now the witches believed that they produced a certain result by their witchcraft;that they were able through the above-mentioned actions to drive such dangerous animals as lions, serpents, and the like out of the cities, and to remove various kinds of damage from the products of the earth....In short, in spite of the schemes of idolaters to support and firmly establish their doctrine, and to make people believe that by idolatry certain misfortunes could be averted and certain benefits gained, worship of idols will, on the contrary, as is stated in "the words of the covenant," prevent the advantages and bring the troubles...

(1) To not do magic: That we not make efforts with any act of magic at all. And about this is it stated (Deuteronomy 18:10), "There shall not be found in you, etc. or a sorcerer." And the content of magic is generally well-known to all - that people do machinations without end with types of grasses and stones, or [by] adhering things that people use, one to another. And some of them arrange these evil actions at certain known times or specific months that are fit for those crafts. And the Torah distances us with total distancing from all of these disgusting and ugly things, because they are vanities. And it is not fit for a holy people that holds the true religion to put their thought to these ugly things, but rather only to His service, may He be elevated. As He will fulfill every want of His people for the good, in their being sheltered by His great name, and their placing all of their trust and their reliance upon His kindnesses alone. And since these matters are very remote and ugly in front of Him, blessed be He, and there is a spark of matters of idolatry in them, He warned us about it with a negative commandment, and made liable for stoning anyone who makes efforts with this if it is volitional, and a fixed sin-offering if it is inadvertent. And it is also from the weightiness of the matter that Scripture warns the court not to forgive one who transgresses this, [more] than with other sins; and as it is stated (Exodus 22:17), "Do not keep alive a witch." And I have already spoken about the roots of this commandment on the negative commandment of "Do not keep alive a witch," in the Order of Veeleh HaMishpatim (Sefer HaChinukh 62).

(15) A sorcerer is guilty of an offense punishable by stoning, provided he committed an overt act of witchery but if he merely deludes the eyes by make-believe action which in reality is but juggling he is punished after the manner of a rebel, seeing that the prohibitive commandment against sorcery is included in the charge of, "There shall not be found among you etc." (Ibid.), which is a prohibitive devoted to admonish those who are put to death by a tribunal for the violation of which no stripes is inflicted, and that the punishment for an overt act is death is deducted from what it is said: "Thou shalt not suffer a witch to live" (Ex. 22.17)¹⁸Ibid. 53a and 67a. C.

(16) All of these things are false and spurious, and it was with such that the ancient idolaters misled the peoples of many lands so that they be following them. And it is unbecoming to Israel who are exceedingly wise to be attracted by these absurdities, nor to even imagine that they are of any consequence...But wise and sound-minded people know that all these matters which the Torah disallowed are not matters of wisdom but formless nonsense followed by senseless people for the sake of which they abandoned every path of truth....

(2) לך איעצך COME AND I WILL COUNSEL THEE what you have to do. And what is the counsel? The God of these people hates unchastity, therefore tempt them to sin by means of thy women-folk, as is related in the chapter חלק (Sanhedrin 106a) — You can know that it was Balaam who gave this counsel, to make them fall by the sin of unchastity, for it is stated, of the women of Midian (Numbers 31:16), “Behold, these were an enticement to the children of Israel through the word of Balaam”.