Herem (censure) - The Niddui

The Niddui

The "niddui" ban was usually imposed for a period of seven days (in Israel thirty days). If inflicted on account of money matters, the offender was first publicly warned ("hatra'ah") three times, on Monday, Thursday, and Monday successively, at the regular service in the synagogue. During the period of niddui, no one except the members of his immediate household was permitted to associate with the offender, or to sit within four cubits of him, or to eat in his company. He was expected to go into mourning and to refrain from bathing, cutting his hair, and wearing shoes, and he had to observe all the laws that pertained to a mourner. He could not be counted in the number necessary for the performance of a public religious function. If he died, a stone was placed on his hearse, and the relatives were not obliged to observe the ceremonies customary at the death of a kinsman, such as the tearing of garments, etc..

It was in the power of the court to lessen or increase the severity of the niddui. The court might even reduce or increase the number of days, forbid all intercourse with the offender, and exclude his children from the schools and his wife from the synagogue, until he became humbled and willing to repent and obey the court's mandates. According to one opinion, the apprehension that the offender might leave the Jewish fold on account of the severity of the excommunication did not prevent the court from adding rigor to its punishments so as to maintain its dignity and authority (Shulkhan Arukh, Yoreh De'ah, 334, 1, Rama's gloss, citing Sefer Agudah). This opinion is vehemently contested by the Taz (ibid.), who cites earlier authorities of the same opinion (Maharshal; Maharam; Mahari Mintz) and presents proof of his position from the Talmud. Additionally, the Taz notes that his edition of the Sefer Agudah does not contain the cited position.