Halacha on the Go

Chapter 24

Divining the Future

כד - קסמי עתידות

In this chapter (10)
  1. 1. The Diviner (Kosem Kesamim)
  2. 2. The Soothsayer (Me’onen)
  3. 3. The Augur (Menaḥesh)
  4. 4. Augury Is Forbidden, a Sign Is Permitted
  5. 5. Is Augury about the Future Forbidden? (Eliezer and Yehonatan)
  6. 6. Asking a Child for a Verse
  7. 7. Opening a Book
  8. 8. Lotteries, Tarot Cards and Coffee Reading
  9. 9. The Speech of Birds
  10. 10. A Magic Show for Entertainment
24:1

The Diviner (Kosem Kesamim)

קוסם קסמים

Kosem kesamim (one who practices divination) is one of the prohibitions of sorcery, as it is stated: “When you come into the land that the Lord your God is giving you, you shall not learn to do according to the abominations of those nations. There shall not be found among you anyone who passes his son or his daughter through the fire, a diviner, a soothsayer, an augur, or a sorcerer… For whoever does these things is an abomination to the Lord, and because of these abominations the Lord your God is driving them out from before you. You shall be wholehearted with the Lord your God” (Devarim 18:9-13). One who transgresses the prohibition and practices divination is liable to lashes.

The diviner’s aim is to know the future. To this end he would perform various acts by means of which he disconnected himself from his surroundings and from bodily sensations and sank into a meditative-hypnotic state of consciousness, while attempting to connect with higher powers. From this he would guess the future, or decide whether or not it was worthwhile to do a certain thing. Some did this by repeatedly striking with a stick while making strange sounds; some did it by stirring sand and forming various shapes; some made use of stones or sand; some gazed at length into a mirror or into the flame of a lamp; and some crouched on the ground while making strange movements (see Rambam, Hilkhot Avoda Zara 11:6; Sefer Ha-ḥinukh 510).

There were people who made use of divination without going to an expert diviner. In one common form of divination, they would take a branch and peel one side of it; the side with the bark they called “man,” and the peeled side “woman.” If they wished to set out on a journey, they would throw the stick twice. If “man” came up first and then “woman,” they decided that the journey was good and set out. If “woman” came up first and then “man,” they decided that the journey was not good and did not set out. And if “man” came up twice or “woman” came up twice, they said that it was an “average journey.” Regarding this the prophet rebuked: “My people ask counsel of their stick, and their staff declares to them; for a spirit of harlotry has led them astray, and they have strayed from under their God” (Hoshea 4:12; Semag, negative commandments 52; Bekhor Shor and Hadar Zekenim on Devarim 18:10).

One of the famous diviners was Bilam, who, in addition to his ability to curse through his sorcery, would foretell the future through his divination. Therefore, when Balak wished to harm Israel, he sent messengers to Bilam with implements of divination, as it is stated: “And the elders of Moav and the elders of Midyan went with the implements of divination in their hand” (Bamidbar 22:7; Rashi). This was because he feared that Bilam might be afraid to curse Israel, and so that he would not be able to evade his messengers with the excuse that he had no implements of divination, he gave them implements of divination, by means of which Bilam could determine the appropriate time to curse them (Ibn Ezra). In the end, however, God turned his curse into a blessing, and the Children of Israel took their vengeance upon him, as it is stated: “And Bilam son of Be’or, the diviner, the Children of Israel slew with the sword among their slain” (Yehoshua 13:22).

One who asks the advice of a diviner also transgresses a prohibition, for he negates the positive commandment with which the Torah commanded Israel to conduct themselves with wholeheartedness, as it is stated: “You shall be wholehearted with the Lord your God” (Devarim 18:13). That is, to believe that God watches over man and that all His conduct is for man’s good; therefore, one must not try to know the future through the crooked ways of divination and schemes (above 19:12-13). The diviner, however, who himself performs the divination, also transgresses a negative prohibition. And some say that one who consults a diviner also transgresses a negative prohibition.¹

Notes (1)
  1. There are two main opinions regarding the definition of the prohibition of turning to sorcerers, diviners, soothsayers and augurs: A) Some say that one who consults a diviner also transgresses a negative commandment (lav), but he does not receive lashes for it by Torah law, because it is a lav that involves no action. This emerges from the Rambam (Hilkhot Avoda Zara 11:7): “It is forbidden to divine and to consult a diviner; however, one who consults a diviner is given rabbinic lashes (makat mardut), whereas the diviner himself, if he performed any of these acts or similar ones, receives lashes.” And if he directed his work according to the diviner, since he performed an action, he receives lashes. As he wrote (ibid. 11:9): “Anyone who acts because of astrology, and directs his work or his journey to the time that the stargazers determined, receives lashes, as it is stated: ‘Nor shall you practice soothsaying (lo te’onenu).’” This is also the view of Migdal Oz, Leḥem Mishneh, Beit Ya’akov by Maharai Bei Rav, and Be’erot Ha-mayim (on Hilkhot Avoda Zara 11:7). This is also the view of Responsa Rashbash 610. B) Some say that one who consults a diviner, soothsayer or augur does not transgress a lav, for the lav applies only to the diviner, soothsayer or augur himself, but one who consults them negates the positive commandment of “You shall be wholehearted.” This is the view of Terumat Ha-deshen (Pesakim 96) and Maharshal (Responsa 3). This is also the view of Ramban (Ha-meyuḥasot 283), Rivash (92), and the Ḥinukh (510). Many have also explained the Rambam this way (Mirkevet Ha-mishneh of Ḥelma, Seder Mishneh, Avodat Ha-melekh), and they supported their words from the fact that the Rambam wrote in Sefer Ha-mitzvot (negative commandments 31) that one who consults a diviner does not receive lashes, “but consulting a diviner is very disgraceful,” and he did not say that it involves a lav. This implies that he transgresses the Torah’s instruction “You shall be wholehearted”; and although the Rambam did not count it among the 248 positive commandments, many hold that he agrees that it is a Torah commandment (see above 19, n. 11). (Mishneh Kesef explained that according to the Rambam, only one who consults a soothsayer or an augur transgresses a lav and is punished with lashes, because their prohibition is repeated also in the book of Vayikra (19:26): “You shall not practice augury nor soothsaying.” But one who consults a diviner negates only a positive commandment and does not receive lashes.)
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