To not gash ourselves, like the worshipers of idolatry: To not gash our bodies, like the worshipers of idolatry. And about this is it stated (Deuteronomy 14:1), “you shall not gash yourselves.” And this negative commandment is repeated with another word, as it is stated (Leviticus 19:28), “And a marking for a soul, you shall not put onto your flesh, etc.” And in Tractate Yevamot 13b, they, may their memory be blessed said, “‘You shall not gash yourselves’ is required for itself, as [the Torah] said that you shall not make a wound.” And it is also said there that “You shall not gash yourselves” is for the dead. And in Tractate Makkot 21a, they, may their memory be blessed, said that marking and gashing are one thing. And there it is said that one who makes a mark for the dead is liable whether it is with the hand or with a tool; but for idolatry, with a tool, [one is] liable, with the hand, [one is] exempt. As such was their custom to gash themselves in front of the idol with a tool, and like the matter that is written (I Kings 18:28), “and they gashed themselves like their statute with swords and spears.” And regardless, according to that which appears [to come out] from the words of our Rabbis, may their memory be blessed, (Makkot 22) the liability of the negative commandment is only about one who gashes himself for the dead or for idolatry. But for one who gashes himself without a reason or from anger about his house that has fallen or his ship that has sunk — even though it is something extremely disgusting and ugly and forbidden — there is no liability of the negative commandment for it.
It is from the roots of the commandment [that it is] in order that we not do amongst ourselves any matter at all that is similar to the worshipers of idolatry, and like the matter that I wrote in the negative commandment of encircling the head in the Order of Kedoshim Tehiyu (Sefer HaChinukh 251). And we have been prevented from gashing over the dead, as it is not proper for the chosen people — those of the wisdom of the precious Torah — to pain themselves about something from the creation of God, except for the matter through which He, blessed be He, commanded us to pain ourselves, and for the reason that I wrote in the Order of Emor el HaKohanim in the first commandment (Sefer HaChinukh 264). But that we should destroy our bodies and disfigure ourselves like fools is not good for us. And it is not the way of sages and men of understanding, but rather an act of the masses of lowly women that lack intellect, that have not understood anything from the creation of God and His wonders. And Ramban, may his memory be blessed, wrote (Ramban on Deuteronomy 14:1) [that] from here, there is a support for our Rabbis, may their memory be blessed, in their forbidding mourning for the dead more than is enough (Moed Katan 27b).
From the laws of the commandment — like that which they, may their memory be blessed, said (Makkot 20b) that one who makes a marking is liable one [distinct set of] lashes for each and every marking, and that is when they warned him on it about each and every one, and [that] one who makes one marking for five dead is liable for five [sets of] lashes; and the rest of its details — are at the end of Tractate Makkot. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Foreign Worship and Customs of the Nations 12:14) that they, may their memory be blessed, also expounded that included in this warning (negative commandment) is that there not be two courts in one city [whereby] one follows one custom and the other follows another custom, as this causes disagreement; and the expression, “do not gash yourselves” (titgodedu) is meaning to say, do not create many groupings (agudot, agudot), which means to say that they be differing with one another. [But] from my teacher, God protect him, I have learned that this prohibition is only with one group, some of which differs with [the rest] — and they are equal in wisdom. [In such a case,] it is forbidden for each of their factions to follow its [own] words, as this creates disagreement among them. Rather, they should give and take much among themselves about the thing until they all agree to one opinion. And if it is impossible like this, they should all follow the words of those that are stringent, if the disagreement is about something from Torah writ. But [this prohibition] was not said about two courts that disagree — and they are equal in wisdom. And they brought a proof from the story in Tractate Chullin (it should read Avodah Zarah 40a) — as they said there, “[They] took out the shofar of [Rav to make a proclamation] and forbade it, and [in the same town, they] took out the shofar of [Shmuel to make a proclamation] and permitted it.”
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses this and makes a marking any place on his body for the dead or for the sake of idolatry is liable for lashes.
שֶׁלֹּא לְהִתְגּוֹדֵד כְּמוֹ עוֹבְדֵי עֲבוֹדָה זָרָה – שֶׁלֹּא לְהִתְגּוֹדֵד גּוּפֵנוּ כְּמוֹ שֶׁיַּעֲשׂוּ עוֹבְדֵי עֲבוֹדָה זָרָה, וְעַל זֶה נֶאֱמַר (דברים יד א) לֹא תִתְגּוֹדְדוּ. וְנִכְפַּל לָאו זֶה בְּמִלָּה אַחֶרֶת, שֶׁנֶּאֱמַר (ויקרא יט, כח) וְשֶׂרֶט לָנֶפֶשׁ לֹא תִתְּנוּ בִּבְשַׂרְכֶם וְגוֹ'. וּבְמַסֶּכֶת יְבָמוֹת (יג, ב) אָמְרוּ זִכְרוֹנָם לִבְרָכָה, לֹא תִתְגּוֹדְדוּ מִבָּעֵי לְגוּפֵהּ, דַּאֲמַר רַחֲמָנָא לֹא תַּעֲשׂוּ חַבּוּרָה, וְשָׁם נֶאֱמַר עוֹד, לֹא תִתְגּוֹדְדוּ עַל מֵת. וּבְמַסֶּכֶת מַכּוֹת אָמְרוּ זִכְרוֹנָם לִבְרָכָה (כא, א) שֶׁשְּׂרִיטָה וּגְדִידָה דָּבָר אֶחָד הוּא, וְשָׁם נֶאֱמַר שֶׁהַשּׂוֹרֵט עַל הַמֵּת, בֵּין בַּיָּד בֵּין בִּכְלִי, חַיָּב, וְעַל עֲבוֹדָה זָרָה, בִּכְלִי חַיָּב, וּבַיָּד פָּטוּר, שֶׁכֵּן הָיָה מִנְהָגָם לְהִתְגּוֹדֵד לִפְנֵי עֲבוֹדָה זָרָה בִּכְלִי, וּכְעִנְיָן שֶׁכָּתוּב (מלכים יח, א כח) וַיִּתְגֹּדְדוּ כְּמִשְׁפָּטָם בַּחֲרָבוֹת וּבָרְמָחִים. וּמִכָּל מָקוֹם לְפִי הַנִּרְאֶה מִדִּבְרֵי רַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה (שם כב) שֶׁאֵין חִיּוּב הַלָּאו, רַק בְּמִתְגּוֹדֵד עַל מֵת אוֹ עַל עֲבוֹדָה זָרָה, אֲבָל הַמִּתְגּוֹדֵד בְּלֹא טַעֲנָה אוֹ מִתּוֹךְ כַּעַס עַל בֵּיתוֹ שֶׁנָּפַל אוֹ סְפִינָתוֹ שֶׁטָּבְעָה, אַף עַל פִּי שֶׁהוּא דָּבָר נִמְאָס בְּיוֹתֵר וּמְכֹעָר וְאָסוּר, אֵין חִיּוּב הַלָּאו עַל זֶה.
To not gash ourselves, like the worshipers of idolatry: To not gash our bodies, like the worshipers of idolatry. And about this is it stated (Deuteronomy 14:1), “you shall not gash yourselves.” And this negative commandment is repeated with another word, as it is stated (Leviticus 19:28), “And a marking for a soul, you shall not put onto your flesh, etc.” And in Tractate Yevamot 13b, they, may their memory be blessed said, “‘You shall not gash yourselves’ is required for itself, as [the Torah] said that you shall not make a wound.” And it is also said there that “You shall not gash yourselves” is for the dead. And in Tractate Makkot 21a, they, may their memory be blessed, said that marking and gashing are one thing. And there it is said that one who makes a mark for the dead is liable whether it is with the hand or with a tool; but for idolatry, with a tool, [one is] liable, with the hand, [one is] exempt. As such was their custom to gash themselves in front of the idol with a tool, and like the matter that is written (I Kings 18:28), “and they gashed themselves like their statute with swords and spears.” And regardless, according to that which appears [to come out] from the words of our Rabbis, may their memory be blessed, (Makkot 22) the liability of the negative commandment is only about one who gashes himself for the dead or for idolatry. But for one who gashes himself without a reason or from anger about his house that has fallen or his ship that has sunk — even though it is something extremely disgusting and ugly and forbidden — there is no liability of the negative commandment for it.
מִשָּׁרְשֵׁי הַמִּצְוָה. כְּדֵי שֶׁלֹּא נַעֲשֶׂה בָּנוּ שׁוּם עִנְיָן בָּעוֹלָם דּוֹמֶה לְעוֹבְדֵי עֲבוֹדָה זָרָה, וּכְעִנְיָן שֶׁכָּתַבְתִּי בְּלָאו דְּהַקָּפַת הָרֹאשׁ בְּסֵדֶר קְדֹשִׁים תִּהְיוּ (מצוה רנא). וְנִמְנַעְנוּ מִן הַגְּדִידָה עַל מֵת, כִּי לֹא יֵאוֹת לָעָם הַנִּבְחָר בַּעֲלֵי חָכְמַת הַתּוֹרָה הַיְּקָרָה לְהִצְטַעֵר בְּדָבָר מִמַּעֲשֵׂה הָאֵל, רַק עַל הָעִנְיָן שֶׁצִּוָּנוּ בָּרוּךְ הוּא לְהִצְטַעֵר בּוֹ, וּמִן הַטַּעַם שֶׁכָּתַבְתִּי בְּסֵדֶר אֱמֹר אֶל הַכֹּהֲנִים בְּמִצְוָה רִאשׁוֹנָה (מצוה רסד), אֲבָל שֶׁנַּשְׁחִית גּוּפֵינוּ וּנְקַלְקֵל עַצְמֵנוּ כְּשׁוֹטִים, לֹא טוֹב לָנוּ וְלֹא דֶּרֶךְ חֲכָמִים וְאַנְשֵׁי בִּינָה, רַק מַעֲשֵׂה הֲמוֹן הַנָּשִׁים הַפְּחוּתוֹת וְחַסְרֵי הַדַּעַת שֶׁלֹּא הֵבִינוּ דָּבָר בְּמַעֲשֵׂה הָאֵל וְנִפְלְאוֹתָיו. וְהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה (בפירוש החומש כאן) כָּתַב, מִכָּאן סֶמֶךְ לְרַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה (מועד קטן כז ב) בְּאָסְרָם לְהִתְאַבֵּל עַל מֵת יוֹתֵר מִדַּאי.
It is from the roots of the commandment [that it is] in order that we not do amongst ourselves any matter at all that is similar to the worshipers of idolatry, and like the matter that I wrote in the negative commandment of encircling the head in the Order of Kedoshim Tehiyu (Sefer HaChinukh 251). And we have been prevented from gashing over the dead, as it is not proper for the chosen people — those of the wisdom of the precious Torah — to pain themselves about something from the creation of God, except for the matter through which He, blessed be He, commanded us to pain ourselves, and for the reason that I wrote in the Order of Emor el HaKohanim in the first commandment (Sefer HaChinukh 264). But that we should destroy our bodies and disfigure ourselves like fools is not good for us. And it is not the way of sages and men of understanding, but rather an act of the masses of lowly women that lack intellect, that have not understood anything from the creation of God and His wonders. And Ramban, may his memory be blessed, wrote (Ramban on Deuteronomy 14:1) [that] from here, there is a support for our Rabbis, may their memory be blessed, in their forbidding mourning for the dead more than is enough (Moed Katan 27b).
מִדִּינֵי הַמִּצְוָה. כְּמוֹ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות כ, ב) שֶׁהַשּׂוֹרֵט עַל הַמֵּת חַיָּב עַל כָּל שְׂרִיטָה וּשְׂרִיטָה מַלְקוּת אַחַת, וְהוּא שֶׁהִתְרוּ בּוֹ עַל כָּל אַחַת וְאַחַת, וְהַשּׂוֹרֵט שְׂרִיטָה אַחַת עַל חֲמִשָּׁה מֵתִים חַיָּב חָמֵשׁ מַלְקוּיוֹת, וְיֶתֶר פְּרָטֶיהָ, בְּסוֹף מַסֶּכֶת מַכּוֹת. וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (עבודה זרה יב, יד) כִּי עוֹד דָּרְשׁוּ זִכְרוֹנָם לִבְרָכָה בִּכְלַל אַזְהָרָה זוֹ שֶׁלֹּא יְהוּ שְׁנֵי בָּתֵּי דִּינִין בְּעִיר אַחַת, זֶה נוֹהֵג בְּמִנְהָג אֶחָד וְזֶה נוֹהֵג בְּמִנְהָג אַחֵר, שֶׁדָּבָר זֶה גּוֹרֵם לְמַחְלֹקֶת, וּלְשׁוֹן לֹא תִתְגֹּדְדוּ כְּלוֹמַר, לֹא תֵּעָשׂוּ אֲגֻדּוֹת אֲגֻדּוֹת, כְּלוֹמַר, שֶׁתִּהְיוּ חֲלוּקִין אֵלּוּ עַל אֵלּוּ. מִמּוֹרִי יִשְׁמְרוֹ אֵל לָמַדְתִּי שֶׁאֵין אִסּוּר זֶה אֶלָּא בַּחֲבוּרָה אַחַת שֶׁחוֹלְקִין קְצָתָן עַל קְצָתָן וְהֵן שָׁוִין בְּחָכְמָה שֶׁאָסוּר לַעֲשׂוֹת כָּל כַּת מֵהֶן כִּדְבָרָיו, שֶׁזֶּה גּוֹרֵם מַחְלֹקֶת בֵּינֵיהֶן, אֶלָּא יִשְׂאוּ וְיִתְּנוּ בַּדָּבָר הַרְבֵּה עַד שֶׁיַּסְכִּימוּ כֻּלָּם לְדֵעָה אַחַת, וְאִם אִי אֶפְשָׁר בְּכָךְ יַעֲשׂוּ הַכֹּל כְּדִבְרֵי הַמַּחְמִירִים, אִם הַמַּחְלֹקֶת הוּא עַל דָּבָר שֶׁהוּא מִן הַתּוֹרָה, אֲבָל בִּשְׁנֵי בָּתֵּי דִּינִים חֲלוּקִין וְהֵן שָׁוִין בְּחָכְמָה לֹא נֶאֱמַר עַל זֶה לֹא תִתְגֹּדְדוּ, וְהֵבִיאוּ רְאָיָה מִמַּעֲשֶׂה דְּמַסֶּכֶת חֻלִּין שֶׁאָמְרוּ שָׁם (צ"ל עבודה זרה מ, א) נָפְקִי שִׁפּוּרֵי דְּרַב וְאָסְרִי, וְנָפְקִי שִׁפּוּרֵי דִּשְׁמוּאֵל וּשְׁרוֹ.
From the laws of the commandment — like that which they, may their memory be blessed, said (Makkot 20b) that one who makes a marking is liable one [distinct set of] lashes for each and every marking, and that is when they warned him on it about each and every one, and [that] one who makes one marking for five dead is liable for five [sets of] lashes; and the rest of its details — are at the end of Tractate Makkot. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Foreign Worship and Customs of the Nations 12:14) that they, may their memory be blessed, also expounded that included in this warning (negative commandment) is that there not be two courts in one city [whereby] one follows one custom and the other follows another custom, as this causes disagreement; and the expression, “do not gash yourselves” (titgodedu) is meaning to say, do not create many groupings (agudot, agudot), which means to say that they be differing with one another. [But] from my teacher, God protect him, I have learned that this prohibition is only with one group, some of which differs with [the rest] — and they are equal in wisdom. [In such a case,] it is forbidden for each of their factions to follow its [own] words, as this creates disagreement among them. Rather, they should give and take much among themselves about the thing until they all agree to one opinion. And if it is impossible like this, they should all follow the words of those that are stringent, if the disagreement is about something from Torah writ. But [this prohibition] was not said about two courts that disagree — and they are equal in wisdom. And they brought a proof from the story in Tractate Chullin (it should read Avodah Zarah 40a) — as they said there, “[They] took out the shofar of [Rav to make a proclamation] and forbade it, and [in the same town, they] took out the shofar of [Shmuel to make a proclamation] and permitted it.”
וְנוֹהֵג אִסּוּר זֶה בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת, וְהָעוֹבֵר עַל זֶה וְשָׂרַט שְׂרִיטָה אַחַת בְּכָל מָקוֹם שֶׁבְּגוּפוֹ עַל מֵת אוֹ לְשֵׁם עֲבוֹדָה זָרָה, חַיָּב מַלְקוּת.
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses this and makes a marking any place on his body for the dead or for the sake of idolatry is liable for lashes.