Herem (censure) - The Nezifah

The Nezifah

A milder form than either niddui or herem was the "nezifah" ban. This ban generally only lasted one day. During this time the offender dared not appear before him whom he had displeased. He had to retire to his house, speak little, refrain from business and pleasure, and manifest his regret and remorse. He was not required, however, to separate himself from society, nor was he obliged to apologize to the man whom he had insulted; for his conduct on the day of nezifah was sufficient apology. But when a scholar or prominent man actually pronounced the formal niddui on one who had slighted him, all the laws of niddui applied. This procedure was, however, much discouraged by the sages, so that it was a matter of proper pride for a rabbi to be able to say that he had never pronounced the ban of excommunication. Maimonides concludes with these words the chapter on the laws of excommunication:(Mishneh Torah, Talmud Torah, vii. 13).

"Although the power is given to the scholar to excommunicate a man who has slighted him, it is not praiseworthy for him to employ this means too frequently. He should rather shut his ears to the words of the ignorant and pay no attention to them, as Solomon, in his wisdom, said, 'Also take no heed unto all words that are spoken' (Eccl. vii. 21). This was the custom of the early pious men, who would not answer when they heard themselves insulted, but would forgive the insolent. . . . But this humility should be practised only when the insult occurs in private; when the scholar is publicly 'insulted, he dares not forgive; and if he forgive he should be punished, for then it is an insult to the Torah that he must revenge until the offender humbly apologizes"

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