Sefer HaChinuch ספר החינוך

To not curse the judge: To not curse the judges, as it is stated (Exodus 22:27), “Lords (elohim) shall you not curse.” And the understanding of elohim [here] is judges, as [in] (Exodus 22:8), “that the elohim deem guilty.” And the verse [chose] this expression [which can also mean, God], so that another negative commandment would be included in this negative commandment, and that is the negative commandment of “blessing” God. As they, may their memory be blessed, said in the Mekhilta and the Sifrei, “The warning for ‘blessing God’ is from that it is written, ‘Elohim shall you not curse.’” And that which is written in another place, “And the one that blasphemes the name of the Lord will surely die” (Leviticus 24:16), is [the mention of] its punishment. But the warning (prohibition) is from here. As mention of the punishment of a commandment without its warning is not sufficient for us. And this is what our Rabbis, may their memory be blessed, always said (Sanhedrin 54a), “We have heard the punishment, from where is the warning?” And the matter is because of this: That if the prevention of God did not come to us in the matter, but it would [only] state, “One who does thing x will be punished with this,” it would be implied that there is permission to transgress the commandment in the hand of anyone who is willing to take the punishment and is not concerned with his pain, and that he will not go against the will of God and His commandment with this. And [so] the matter of the commandment will turn into a type of give and take, meaning to say that one who wants to do thing x, can give such and such and do it, or bare his shoulder to suffer such and do it. And the intention of the commandments is not like this, but rather that God prevented us from things for our [own] good, and informed us in some of them of the punishment that comes to us immediately, besides transgressing His will, which is weightier than anything. And this is [the meaning] of that which they, may their memory be blessed, said in every place (Yoma 81a), “He did not punish, unless He warned,” meaning to say, God did not inform of the punishment that comes for a sin, unless He first informed us that His will is that we do not do that thing for which the punishment is coming.

It is from the roots of the commandment to remove fear of the accused and his curse from the judges, so that they will pronounce the true judgment. And it also warned about this in another place in the Torah. And there is also another benefit found in the commandment, as many mishaps come with the cursing of judges; since the masses hate him, in their foolishness — and if they were not warned about his curse, maybe they would curse him and get aroused from this to stand against him. As the sage said to the king about the masses, “Be careful lest they say; as if they say, they will do, and there will be much evil with this, since he ‘holds up the land with judgment.’”

From the laws of the commandment with judges — that which they said [that] the liability of the negative commandment is only with a name from the names of God, such as Lord, or Omnipotent, and God and similar to them, or with an appellation, such as Gracious or Zealous and similar to them, but without a name or appellation, such as [if he says,] “cursed is x,” or “let him not be blessed,” he does not have liability for the negative commandment, but it is [still] forbidden; that which they, may their memory be blessed, also explained about this matter that the liability is not only if he curses him in the Holy Tongue, but even in any language (Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 26:3), and that there is a need for witnesses and warning for this, as in all liabilities of negative commandments; and the rest of its details — are elucidated in Sanhedrin. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 6.)

And [it] is practiced in every place and at all times by males and females. And one who transgresses it and curses the judge with a name or with an appellation [of God] is lashed two [sets] of lashes; [one,] since [the judge] is like any proper [member] of Israel, whom are included in this prohibition — and as we will write in the Order of Kedoshim Tehiyu (Sefer HaChinukh 231) — and [another] one because he is a judge.