Verses and Commentary related to the prohibition on Divination

(31) Not to use divination. Deut. 18.10.

(23) Lo, there is no augury in Jacob, No divining in Israel: Jacob is told at once, Yea Israel, what God has planned.

(27) A man or a woman who has a ghost or a familiar spirit shall be put to death; they shall be pelted with stones—their bloodguilt shall be upon them.

(4) It is forbidden to practice enchantment as the idolaters do, even as it is said: "Nor shall ye use enchantment" (Ibid. 19.26). How is enchantment practiced? For instance, those who say: "Seeing that the bread fell out of my mouth", or, "my cane fell out of my hand I shall not go to-day to that place, for if I do go, my desire will not be fulfilled; seeing that a fox passed by my right hand I shall not leave my door step to-day, for if I do leave a false person will encounter me". Likewise those who hear the chirping of a bird say: "It will be so, but not so; it is good to do that thing and bad to do the other thing". So are those who say: "Kill this rooster, he crowed during the evening; kill that hen, she crows like a rooster". So, too, is one who sets certain signs for himself to regulate his actions, saying: "If such thing will come to pass I shall do that thing, but if it will not come to pass I shall not do it", even as Eliezer, Abrahams servant did. And so are all like practices of such things forbidden. And whosoever commits an act as a result of any one of such practices, is lashed.⁶Sanhedrin, 65b–67b; Shabbat, 67a; Sifra, Lev. 20; Tosefta, Shabbat, Ch. 1. C. G.

(5) One who said: "This dwelling which I built was of good prefigurement, this wife of mine which I betrothed was a blessing to me, this cattle which I purchased brought wealth to me", and, likewise, one who asks a child, What Verse art thou studying? if he mentioned to him a Verse of the blessings, he may rejoice and say: "This is of good omen". All such and the like is permitted; seeing that he neither regulated his actions nor withheld himself from performing them by these signs, save that he made for himself a mark of a thing which already had come to pass, observe, this is permitted.⁸See Hullin, 92b; Gittin, 68a; Yore De’ah, 179. C. G.

(6) Who is practitioner of divination? He who occupies himself with purposeless actions so as to divert his thoughts from all relevancy, thereby preparing himself to prognosticate, and, then, foretells, saying: "That thing will come to pass," or, "it will not come to pass", or he will say: "It is proper to do so, but beware from doing otherwise." There are some soothsayers who use sand or stones as a medium, and there others who spread themselves out on the ground and fall in convulsions and cry out; there are some who look into an iron mirror or goblet and imagine things and say them, and there are others who carry a cane in hand upon which to lean, wherewith a process of knocking is continued as a diversion until the mind is ready, then the speaking starts. Upon such the prophet proclaims, saying: "My people ask counsel at their stock, and their staff declareth unto them" (Hosea, 4. 12).⁹Sanhedrin, 65b; Sifre, Deut. 18. G.

(7) It is forbidden to practice divination or ask counsel of a soothsayer; only the consultant of a soothsayer is punished after the manner of a rebel, but the soothsayer himself, if he committed an overt act of any of its practices or their like, is striped, in accordance with what it is said: "There shall not be found among you one who useth divination" (Deut. 18.10).¹⁰Ibid. Pesahim, 113b; Tosefta, Shabbath Ch. 8. C. G.

(8) Who is an observer of times? They that point at times, saying astrologically: "That day is a good one, that day is a bad one; that day is fit to do that particular work, but that year, or that month, is bad for that particular thing.¹¹Ibid. G.

(9) It is forbidden to be an observer of times, though no act be committed, save to make known the lies to such fools who believe them to be true speech of the wise. Moreover, he who does aught because of the signs of astrology, and times to do his work or go on his mission on the very time, set by the heaven-gazers, even he is striped, for it is said: "Nor observe times" (Lev. 126).¹²Here a distinction must be made between an observer of times and an enchanter. See supra, Par. 7. G. Likewise, one who deludes the eyes by performing some act alleging it to be wonderful, but in truth makes no performance at all, even he is included among observers of time, and his punishment is stripes.

(10) Who is a charmer? He who utters words which are not of the vernacular of the people, and which have no significance but supposes in his credulous mind that those words are of help, until others are led to say; "If he pronounces thus and such against a serpent or against a scorpion it will not harm; and if he says such and thus against fire it will do no damage". Among them there is such who, while talking holds in his hand a key, or a rock; such and other similar artifice the whole of it is forbidden. As for the charmer himself, either if he held aught in his hand, or if he committed any act along with his utterance, even if he merely pointed with his finger, is striped, as it is said: "There shall not be found among thee.… Or a charmer (Deut. 18.10–11). But if he merely uttered his prattle, and moved neither hand nor head, holding nothing in his hand; and so the individual, over whom he delivered himself of those noises, who sits before him and appears to derive joy of the performance, should be punished as a rebel because he became a party to the silliness of the charmer. All such chatter and ridiculously obscene nomenclature are harmless but without the least good about them.

(11) For one who was bitten by a scorpion or sneak it is permitted to charm cunningly upon the injured spot, even on the Sabbath, so as to compose the mind of the patient and strengthen his heart, although the thing is of no help yet because the patient is in a dangerous condition it is permitted for his sake to prevent his mind from being disconcerted.¹³Sanhedrin, 101a. C.

(12) He who delivers a prayer of charm upon a wound and reads also a verse of the Torah thereon, likewise one who reads a Verse so that a babe shall suffer no fear, or who puts a Sepher Torah or phylacteries upon a child so that he might fall asleep, such are not alone included among the enchanters and charmers but are even included among those who deny the Torah, for they are employing the words of the Torah as a cure for the body, whereas they are not so but only remedies for the soul¹⁴New sects, claiming remedial elements for physical ailments in Judaism, calling it “science”, evidently disagree with Maimonides and the Talmud. Yet, let Israel study this text. For physical ailment we have medical science. G. even as it is said: "And they will (shall) be life for thy soul" (Pro. 3.22). But a normally healthy person who reads Verses of the Torah or chapters of the Psalms, so that the righteousness of reading it shield him to escape suffering and accidents, lo, this is permitted.¹⁵Ibid. 90a: 101a; Shubu’ot, 16b; Tosefta, Sanhedrin, Chapter, 12; Shabbat, 121b. C. G.

(13) Who is a necromancer? He who starves himself and then proceeds to lodge on the cemetery so as to bring the dead up in his dream and make known to him what he would ask him for. And there are others who clothe themselves with certain garments, utter certain words, and burn certain incense, and sleep alone so that a certain deceased person come to converse with him in his dream. As a general rule in this matter: Whosoever commits an overt act in order to have the dead come and give him information is striped, for it is said: "There shall not be found among you…. or a necromancer" (Deut. 18.10–11).¹⁶Sanhedrin, 65b; Sifre, Deut. 18. C. G.

(14) It is forbidden to consult a solicitor of ghosts or a solicitor of familiar spirits, for it is said: "There shall not be found among you…. or one that consulteth a ghost or a familiar spirit" (Ibid.). Find thyself instructed that a solicitor of ghosts or a solicitor of familiar spirits, themselves suffer the punishment of stoning, but their communicant violates an admonition who is punished after the manner of a rebel, unless he appointed his actions and did according to their charge, when he is striped¹⁷Ibid. G.

(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, even as it is said: "For there is no enchantment with Jacob, neither is there any divination with Israel" (Num. 23.23); and it is again said: "For these nations that thou art to dispossess, hearken unto soothsayers and unto diviners, but as for thee the Lord thy God hath not suffered thee so to do" (Deut. 18.14). Whosoever believes in these matters, and their like, and suppose that there is wisdom and truth in in them, save that the Torah disallowed them, such are none other save from among the foolish and ignorant and are to be included among women and children whose mind is not sound. 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. Even because thereof the Torah, in admonishing against all these vanities, commanded, saying: "Perfect shalt thou be with the Lord thy God" (Ibid. 18.13).¹⁹Shabbat, 67. G.

(5) You should know further that the wicked Bilaam gathered all types of herbs for use in his sorcery and then put them in a pot, which he buried deep in the earth, fifteen hundred cubits underground. Years later when Dovid HaMelech was excavating holes on the site of the Temple to bring up ground water for use in the libations on the altar, holes that were also fifteen hundred cubits deep, he came across the pot that Bilaam had buried. He then removed it and diluted it with water that was fit for the libations. Concerning this was it written, “Moav is my wash basin” (Tehillim 108:10), for he “washed” it and removed the power of sorcery that was in Moav’s pot. Therefore whenever there is suspicion of harm due to sorcery it is a good strategy to neutralize it by reciting the fifteen “Songs of Ascent” (Tehillim 120-135), which Dovid composed at the time that he excavated those holes to bring up the groundwater (Sukkah 53a). Afterwards let them pray to Hashem to remove from Israel all the harm caused by sorcery. It is also advisable for every Jewish man and woman to stay as far away from sorcery as possible. Let them avoid all acts of sorcery, augury and divination and let them avoid hearing the recitation of any incantation. For the Holy One Blessed is He takes pride in His people that, “There is no augury among Yaakov and no divination among Yisroel” (Bamidbar 23:23). Whoever stays far from sorcery will be allowed to enter a partition in the World to Come within which even the ministering angels cannot stand (Nedarim 32a).

(1) He who practices enchantry or spiritualism of his own free will, wantonly, is guilty of a sin punishable by excision; if there be witnesses, and he received due warning, he is stoned. If he erred, he should offer a standard sin-offering. How is enchantry practiced? One stands and burns a kind of incense known to such practicioners, holding in his hand a myrtle-branch which he waves, the while uttering in a murmur words known to such practicioners, so that the supplicant thinks that he hears one conversing with him and answering his questions in words that appear to be coming from beneath the earth uttered in a very low voice, which is scarcely audible to the ear but rather perceptible to the mind. Or, one who holds a skull of a deceased person, and burns incense to it, and divines by it, so that it becomes evident as if an extremely low ventriloquous voice makes reply. All such are practices of enchantry, and whosoever practices one such, is stoned.²Sanhedrin, 65a–b. C.

(4) It is forbidden to practice enchantment as the idolaters do, even as it is said: "Nor shall ye use enchantment" (Ibid. 19.26). How is enchantment practiced? For instance, those who say: "Seeing that the bread fell out of my mouth", or, "my cane fell out of my hand I shall not go to-day to that place, for if I do go, my desire will not be fulfilled; seeing that a fox passed by my right hand I shall not leave my door step to-day, for if I do leave a false person will encounter me". Likewise those who hear the chirping of a bird say: "It will be so, but not so; it is good to do that thing and bad to do the other thing". So are those who say: "Kill this rooster, he crowed during the evening; kill that hen, she crows like a rooster". So, too, is one who sets certain signs for himself to regulate his actions, saying: "If such thing will come to pass I shall do that thing, but if it will not come to pass I shall not do it", even as Eliezer, Abrahams servant did. And so are all like practices of such things forbidden. And whosoever commits an act as a result of any one of such practices, is lashed.⁶Sanhedrin, 65b–67b; Shabbat, 67a; Sifra, Lev. 20; Tosefta, Shabbat, Ch. 1. C. G.

(6) Who is practitioner of divination? He who occupies himself with purposeless actions so as to divert his thoughts from all relevancy, thereby preparing himself to prognosticate, and, then, foretells, saying: "That thing will come to pass," or, "it will not come to pass", or he will say: "It is proper to do so, but beware from doing otherwise." There are some soothsayers who use sand or stones as a medium, and there others who spread themselves out on the ground and fall in convulsions and cry out; there are some who look into an iron mirror or goblet and imagine things and say them, and there are others who carry a cane in hand upon which to lean, wherewith a process of knocking is continued as a diversion until the mind is ready, then the speaking starts. Upon such the prophet proclaims, saying: "My people ask counsel at their stock, and their staff declareth unto them" (Hosea, 4. 12).⁹Sanhedrin, 65b; Sifre, Deut. 18. G.

(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, even as it is said: "For there is no enchantment with Jacob, neither is there any divination with Israel" (Num. 23.23); and it is again said: "For these nations that thou art to dispossess, hearken unto soothsayers and unto diviners, but as for thee the Lord thy God hath not suffered thee so to do" (Deut. 18.14). Whosoever believes in these matters, and their like, and suppose that there is wisdom and truth in in them, save that the Torah disallowed them, such are none other save from among the foolish and ignorant and are to be included among women and children whose mind is not sound. 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. Even because thereof the Torah, in admonishing against all these vanities, commanded, saying: "Perfect shalt thou be with the Lord thy God" (Ibid. 18.13).¹⁹Shabbat, 67. G.

(19) And if you would ask: is it not stated (Chullin 95b): "R. Yochanan would test [propitiousness] through a young child [i.e. through certain things the child would say]"? And the implication is that he relied implicitly upon this as did Eliezer the servant of Abraham, for it is stated further (Ibid): "When Rav died…" [See text for implication]. The answer is that this testing was not within the framework of augury but within that of prophecy, as our sags of blessed memory stated (Bava Bathra 12b): "R. Yochanan said: 'When the Temple was destroyed, prophecy was taken from the prophets and given to fools and young children.'"

(20) "A conjurer [chover chaver]" (Deuteronomy 18:11) is one who pronounces incantations, as explained in Sifrei (Shoftim 172). And all of these arts — divination, soothsaying, and augury — are all referred to by our sages of blessed memory as "the ways of the Emorites." Within the body of these practices, however, some are forbidden and some permitted. The Rambam's view on this is that anything not dictated by rational considerations is forbidden and anything else, permitted. This view is based on the statement in Tractate Sabbath (67a): "Abbaye and Rava both agree that anything within the province of healing is not in the category of 'the way of the Emorites.'" The implication is that anything dictated by reason is not within the category of "the ways of the Emorites" and that anything else is. This is the intent of the question which follows (Ibid): "Is this to imply that anything not within the province of healing is in the category of 'the ways of the Emorites'? Did we not learn: 'A tree that is losing its fruits should be coated with red paint and be weighted down by stones so as to weaken it [its over-richness being responsible for the fruit loss]'?" That is: we can understand weighing it down, this being dictated by reason, but what healing is effected by coating it with red paint? There are no cause and effect considerations or other natural considerations which would warrant this. And the Gemara answers: "So that people notice its condition and pray that it be healed."

(21) The Rambam states (Moreh Nevuchim 3:37) that all of the practices of witchcraft are not dictated by reason. He divides these practices into three classes: those dependent upon specific times, those dependent upon specific objects, and those dependent upon specific human activities, such as dancing, slapping, laughing, smoking something, or speaking certain words, intelligible or unintelligible.

(22) This is, indeed, to be wondered at, for there are things permitted in the Gemara which are not dictated by reason and which include all or parts of these classes! A case in point (Sabbath 67a): "R. Yochanan said: 'For high fever, let one take a knife all of iron and go to a place where there is a vardina [a type of bush] and tie a white thread upon it. The first day let him cut a little notch in it and say (Exodus 3:2): "And the angel of the L-rd appeared to him in a flame of fire from the midst of the bush." The second day let him cut a little more and say (Ibid 3): "And Moses said: I will turn back and see." And the next day let him cut a little more and say (Ibid 4): "And the L-rd saw that he had turned back to see."'" Now herein are comprised specific human activities, specific times, and a specific plant!

(23) And it is stated further (Ibid): "If a bone lodged in his throat, let him bring the same kind, place it on his skull, and say: 'One-one-down; swallow-swallow-down; one-one'; and this is not in the category of 'the ways of the Emorites.' If a fish bone lodged in his throat, let him say: 'You prick as a needle; you are locked up as in cuirass; down-down.'" None of these are dictated by reason, and, according to the view that "this is not in the category of the ways of the Emorites" applies to all of the things listed until the end of the chapter, there are many things among them that would seem to belong in the classes which the Rambam ascribes to the category of witchcraft.

(24) Furthermore, the Rambam states in Sefer Hamada (Hilchoth Avodah Zarah 11): "All of these are vain, empty things pursued by ignoramuses, and they have no foundation in fact whatsoever." This statement is to be greatly wondered at, for the sages stated (Chullin 7b) in relation to the woman who tried to get some soil from beneath the feet of R. Chanina [in order to kill him through an incantation pronounced over the soil]: "R. Chanina is different, for he possessed great merit" [the implication being that such things are effective against those who do not possess such merit]. Also, if these things are entirely unfounded in fact, then why did the sages permit some of them and forbid others, when they are all outside the realm of natural cause and effect? And they also permitted [for curative purposes (Sabbath, Ibid)] the egg of a chargol [a king of locust], the tooth of a fox, and the nail from a stake. Now none of these are dictated by reason or by natural cause and effect.

(25) The answer: All things act in one of two ways: naturally or phenomenologically. The phenomenological also acts through nature, the difference being that the natural is dictated by reason whereas the phenomenological is accepted by reason but not dictated by it. An example of the natural is the tendency of cold objects to generate cold and of warm objects to generate warmth (whether or not acted upon by the affected bodies). This tendency is dictated by reason.

(26) An example of the phenomenological, which is accepted by reason but not dictated by it, is along these lines. It is well known that the perfect properties are found in bodies not given to change and that the imperfect ones are all found in bodies highly susceptible to change. So that the celestial bodies, not being subject to change at all, are the most perfect, and the elements, being the most changeable of things, are the most imperfect. It follows from this that the compound is superior to its simple component elements to the extent that the combination diminishes and repels change. It is for this reason that the most perfect composite will possess the greatest perfection. (This composite is the spirit of understanding.) And there are some composites which acquire perfection in themselves [by virtue of the very fact that they are composites], although their component elements remain distinct, and others that acquire it by means of the fusion of elements within the composite. Some composites give rise to the vegetative élan and others to the animal élan, and others, such as man, become predisposed to the acquisition of a human soul — all of these properties and perfections being acquired according to the compositions and natures of the composites.

(3) All these practices are forbidden in the Torah because they are unclean and done in the service of evil spirits: “There shall not be found among you any one that maketh his son or his daughter to pass through the fire, one that useth divination, a soothsayer, or an inchanter, or a sorcerer, or a charmer, or one that consulteth a ghost or a familiar spirit, or a necromancer.” And the reason given is, “For whosoever doeth these things is an abomination unto the Lord …” The meaning is that God is holy and His ministers are holy and pure, therefore you must keep away from all these things which are impure. This is the reason, also, why the Torah legislates concerning uncleanness, and provides the penalty of being ‘cut off’ for one who enters the temple while unclean. The reason is that the spirit of uncleanness may cause the holy spirit to depart from the temple.

(6) Now just as the human intellect stops at the four degrees above mentioned and does not pass beyond, so there are persons who stop at the degree of the holy spirit and do not pass beyond it. There are persons whose imagination is strong by nature or who do certain things to strengthen it, like the practices of the diviners or the woman with the familiar spirit. As a result of this they have imaginative visions. There are others who have true dreams, like Pharaoh, Nebuchadnezzar, the chief butler and the chief baker. By reason of these powers some of them think they are prophets. They are the persons of whom the prophet in Scripture says that they “prophesy out of their own heart.” For though they sometimes speak the truth, they are bound sometimes to speak falsehood. Thus Ezekiel says, “Woe unto the vile prophets, that follow their own spirit, … They have seen vanity and lying divination, that say: The Lord saith; and the Lord hath not sent them, yet they hope that the word would be confirmed.” The intimation is that it is impossible, for though their words may be partly true, they can not but be partly false, for such is the nature of the power of imagination, the source of dreams. Our Rabbis say: As there is no wheat without straw, so there is no dream without foolishness.

(8) 2. The second cause which prevents the stargazers from knowing things as they are is that they are not capable of knowing correctly all the causes which determine the future, and hence they can not judge correctly. Their intellect is too weak to judge correctly even of things past, all of whose causes have been completed and realized. An apt illustration is the case of the mother of Sisera. She was grieved because of her son’s delay in the battle, and sought to know, “Why is his chariot so long in coming?” attempting to get the desired information through divination or astrology or geomancy, information about an event the causes of which were all completed, the battle having been fought. She saw that her son was struck in the head by a woman. Her wise princesses saw blood in the camp of Sisera, the battle completed, and the strong men, and particularly Sisera, covered with blood at the hands of two women, Deborah and Jael. And yet they could not interpret the vision correctly and turned it to their liking. Hence Deborah said: “The wisest of her princesses answer her, yea, she returneth answer to herself. ‘Are they not finding, are they not dividing the spoil? A damsel, two damsels to every man; to Sisera a spoil of dyed garments, a spoil of dyed garments of embroidery, two dyed garments of broidery for the neck of every spoiler.’ ” They could not understand how victory in battle could be won by women, hence they assumed that the delay was due to the fact that they had found and were dividing the spoil; and the weakening of the heroes by two women was because they found a damsel or two for the head of each man, who were weakened by overindulgence in coition. The blood which they saw as Sisera was struck in the head by a woman, could be nothing else than dyed garments of embroidery. And seeing the blood caused by two women, they cleverly guessed that there were “two dyed garments of broidery for the neck of every spoiler.”