To not divine: That we not follow divinations, as it is stated (Leviticus 19:26), “you shall not divine.” And it is repeated in another place, as it is stated (Deuteronomy 18:10), “There shall not be found in you, etc. or a diviner.” And they said in Sifrei Devarim (Shoftim), “‘A diviner’ — such as one who says, ‘My bread fell from my mouth, the stick fell from my hand, a snake passed on my right and a fox on my left,’ and he refrains from some act because of it.” And in Sifra, Kedoshim, Chapter 6:2 they said, “‘You shall not divine’ - such as those that divine with weasels, birds, stars and what is similar to them.” To here [are the words of the Sifra]. And such as that which the silly masses among the nations say: Since he came back from his path that he was walking, a deer passed in front of him, or a yelling crow passed over his head or if he saw thing x at the beginning of the day — he will not have profit today or any [other] bad event will come to him. And all of these acts and similar to them are included in this negative commandment.
It is from the roots of the commandment [that it is] because these matters are crazy things and total foolishness; and it is not fitting for the holy true people that God chose that they pay attention to false words. And also because they are a cause to push man away from faith in God, may He be blessed, and from His holy Torah and to come through them to complete denial [of God and/or Torah]; as he will think that all of his good and all of his evil and all that happens to him is coincidental, and not from the supervision of his Creator. And it will happen that through this he will go out from all of the principles of the religion. Therefore, since God, may He be blessed, wanted our good, He commanded us to remove this thought from our hearts. As all the bad and the good comes out of the mouth of the Most High, according to the actions of man — if they are good, or if they are evil. And the divinations do not [help or hurt], and as it is written (Numbers 23:23), “As there is no divination in Yaakov and no clairvoyance in Israel.” The details of the commandment are in the seventh chapter of Shabbat [in Chapter 6 of Sanhedrin] and in the Tosefta Shabbat, Chapter 8.
And [it] is practiced in every place and at all times by males and females. And one who transgresses it and does any act according to divination with witnesses and a warning is lashed — and specifically with a court of twenty-three. In every place that we wrote “lashed,” in that which preceded and that which we will write, the intention is in the Holy Land — since it is the place of the judgment of twenty-three. As we do not judge capital cases outside of the Land, except only with a talebearer; since his death is the salvation and resuscitation of others better than he.
שֶׁלֹּא לְנַחֵשׁ – שֶׁלֹּא נֵלֵךְ אַחֲרֵי נְחָשִׁים, שֶׁנֶּאֱמַר (ויקרא יט כו) לֹא תְנַחֲשׁוּ וְנִכְפַּל בְּמָקוֹם אַחֵר, שֶׁנֶּאֱמַר (דברים יח י) לֹא יִמָּצֵא בְּךָ וְגוֹ' וּמְנַחֵשׁ. וְאָמְרוּ בְּסִפְרֵי שׁוֹפְטִים: מְנַחֵשׁ כְּגוֹן הָאוֹמֵר נָפְלָה פִּתִּי מִפִּי, נָפַל מַקֵּל מִיָּדִי עָבַר נָחָשׁ מִימִינִי וְשׁוּעָל מִשְּׂמֹאלִי, וְיִמָּנַע מִפְּנֵי כֵן מֵעֲשׂוֹת שׁוּם מַעֲשֶׂה. וּבַסִּפְרָא אָמְרוּ (קדושים ו ב) לֹא תְנַחֲשׁוּ כְּגוֹן אֵלּוּ הַמְנַחֲשִׁים בְּחֻלְדָּה וּבְעוֹפוֹת וּבְכוֹכָבִים וְכַיֹּצֵא בָּהֶן, עַד כָּאן. וּכְגוֹן מַה שֶׁיֹּאמְרוּ הֲמוֹנֵי הָעַמִּים הַסְּכָלִים כֵּיוָן שֶׁשָּׁב מִדַּרְכּוֹ שֶׁהָיָה הוֹלֵךְ, אוֹ צְבִי הִפְסִיקוֹ אוֹ עוֹרֵב צוֹעֵק עוֹבֵר עַל רֹאשׁוֹ, אוֹ כֵּיוָן שֶׁרָאָה דָּבָר פְּלוֹנִי בִּתְחִלַּת הַיּוֹם לֹא יַרְוִיחַ הַיּוֹם, אוֹ שׁוּם מִקְרֶה רַע יְבוֹאֵהוּ. וְכָל הַמַּעֲשִׂים הָאֵלּוּ וְכַיּוֹצֵא בָּהֶן הֵם בִּכְלַל לָאו זֶה.
To not divine: That we not follow divinations, as it is stated (Leviticus 19:26), “you shall not divine.” And it is repeated in another place, as it is stated (Deuteronomy 18:10), “There shall not be found in you, etc. or a diviner.” And they said in Sifrei Devarim (Shoftim), “‘A diviner’ — such as one who says, ‘My bread fell from my mouth, the stick fell from my hand, a snake passed on my right and a fox on my left,’ and he refrains from some act because of it.” And in Sifra, Kedoshim, Chapter 6:2 they said, “‘You shall not divine’ - such as those that divine with weasels, birds, stars and what is similar to them.” To here [are the words of the Sifra]. And such as that which the silly masses among the nations say: Since he came back from his path that he was walking, a deer passed in front of him, or a yelling crow passed over his head or if he saw thing x at the beginning of the day — he will not have profit today or any [other] bad event will come to him. And all of these acts and similar to them are included in this negative commandment.
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁעִנְיָנִים אֵלֶּה הֵם דִּבְרֵי שִׁגָּעוֹן וְסִכְלוּת גְּמוּרָה, וּלְעַם קָדוֹשׁ אֲמִתִּי אֲשֶׁר בָּחַר הָאֵל לֹא יֵאוֹת לָהֶם שֶׁיִּשְׁעוּ בְּדִבְרֵי שֶׁקֶר. וְעוֹד שֶׁהֵם סִבָּה לְהַדִּיחַ הָאָדָם מֵאֱמוּנַת הַשֵּׁם יִתְבָּרַךְ וּמִתּוֹרָתוֹ הַקְּדוֹשָׁה וְלָבוֹא מִתּוֹכָם לִכְפִירָה גְּמוּרָה שֶׁיַּחְשֹׁב כָּל טוֹבָתוֹ וְרָעָתוֹ וְכָל אֲשֶׁר יִקְרֵהוּ שֶׁהוּא דָּבָר מִקְרִי, לֹא בְּהַשְׁגָּחָה מֵאֵת בּוֹרְאוֹ, וְנִמְצָא יוֹצֵא בְּכָךְ מִכָּל עִקְּרֵי הַדָּת, עַל כֵּן כִּי חָפֵץ הַשֵּׁם יִתְבָּרַךְ בְּטוֹבָתֵנוּ צִוָּנוּ לְהָסִיר מִלִּבֵּנוּ מַחְשָׁבָה זוֹ וְלִקְבֹּעַ בִּלְבָבֵנוּ, כִּי כָּל הָרָעוֹת וְהַטּוֹבוֹת מִפִּי עֶלְיוֹן תֵּצֶאנָה לְפִי מַעֲשֵׂה הָאָדָם אִם טוֹב וְאִם רָע, וְהַנְּחָשִׁים אֵינָם מַעֲלִין וְלֹא מוֹרִידִין, וּכְמוֹ שֶׁכָּתוּב (במדבר כג כג), כִּי לֹא נַחַשׁ בְּיַעֲקֹב וְלֹא קֶסֶם בְּיִשְׂרָאֵל. פְּרָטֵי הַמִּצְוָה בְּפֶרֶק שְׁבִיעִי מִשַּׁבָּת [בפ"ו מסנהדרין] וּבְתוֹסֶפְתָּא דְּשַׁבָּת (פ"ח).
It is from the roots of the commandment [that it is] because these matters are crazy things and total foolishness; and it is not fitting for the holy true people that God chose that they pay attention to false words. And also because they are a cause to push man away from faith in God, may He be blessed, and from His holy Torah and to come through them to complete denial [of God and/or Torah]; as he will think that all of his good and all of his evil and all that happens to him is coincidental, and not from the supervision of his Creator. And it will happen that through this he will go out from all of the principles of the religion. Therefore, since God, may He be blessed, wanted our good, He commanded us to remove this thought from our hearts. As all the bad and the good comes out of the mouth of the Most High, according to the actions of man — if they are good, or if they are evil. And the divinations do not [help or hurt], and as it is written (Numbers 23:23), “As there is no divination in Yaakov and no clairvoyance in Israel.” The details of the commandment are in the seventh chapter of Shabbat [in Chapter 6 of Sanhedrin] and in the Tosefta Shabbat, Chapter 8.
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת, וְהָעוֹבֵר עָלֶיהָ וְעָשָׂה שׁוּם מַעֲשֶׂה עַל פִּי הַנַּחַשׁ בְּעֵדִים וְהַתְרָאָה לוֹקֶה, וְדַוְקָא בְּבֵית דִּין שֶׁל עֶשְׂרִים וּשְׁלֹשָׁה בְּכָל מָקוֹם כְּמוֹ שֶׁכָּתַבְנוּ בַּמֶּה שֶׁקָּדַם. וּבְמָה שֶׁנִּכְתֹּב לוֹקֶה, הַכַּוָּנָה הִיא בָּאָרֶץ הַקְּדוֹשָׁה, שֶׁהִיא מְקוֹם הַמִּשְׁפָּט שֶׁל עֶשְׂרִים וּשְׁלֹשָׁה, שֶׁאֵין דָּנִין דִּינֵי נְפָשׁוֹת בְּחוּצָה לָאָרֶץ אֶלָּא בְּמוֹסֵר לְבַד, לְפִי שֶׁמִּיתָתוֹ הַצָּלָה וּתְחִיָּה לַאֲחֵרִים טוֹבִים מִמֶּנּוּ.
And [it] is practiced in every place and at all times by males and females. And one who transgresses it and does any act according to divination with witnesses and a warning is lashed — and specifically with a court of twenty-three. In every place that we wrote “lashed,” in that which preceded and that which we will write, the intention is in the Holy Land — since it is the place of the judgment of twenty-three. As we do not judge capital cases outside of the Land, except only with a talebearer; since his death is the salvation and resuscitation of others better than he.