QUESTION: Exactly what is Birkat Hashem (i.e. "Blessing" the Name)? I know this is a euphemism for cursing G-d, a.k.a. "blasphemy," but what exactly is that?? How would that be enforced? And wouldn't this encroach on freedom of speech, which is constitutionally protected in the U.S.? How would it work out in "real" life? Wouldn't such a law have a "chilling" effect on society? I am trying to teach people about this, and this one really had me wondering.

ANSWER: To answer this question, we went to the chapter on blasphemy in the book The Path of the Righteous Gentile, which is on line at http://www.moshiach.com/action/morality/blasphemy.php#_ftnref12 The chapter gives the following definitions and descriptions of blasphemy by a Gentile (excerpts): Definition of blasphemy: Blasphemy is the act of cursing the Creator. Blasphemy is an acknowledgment of His existence but a denial of His greatness or His goodness. Some authorities state that false oaths or meaningless oaths whereby one invokes the Name of G-d are forbidden under the category of blasphemy. An example of a false oath would be for one to take an oath in G-d's Name that a tree is a rock, and a meaningless oath would be for one to swear in G-d's Name that a tree is a tree. There is a difference of opinion as to whether one who delays fulfilling an oath [taken on in G-d's Name] violates the law. Transgressing the prohibition of blasphemy: The prohibition of blasphemy is transgressed even if one uses another term for G-d, for example, an attribute or epithet such as the Merciful One, the Father, or any other descriptive term. [In other words, this means that the sin of blasphemy applies no matter what term is used to refer to G-d within the blasphemous statement.] One who blasphemes and instantly retracts his words is nonetheless guilty if he blasphemed in front of witnesses. If he blasphemes in private and his words are heard by no one other than himself and his Creator, let him repent and G-d will forgive his transgression. The U.S. Constitution obviously protects numerous forms of blasphemous speech, as it is defined by the Noahide Laws. In the words of the Talmudic sage Rabbi Chiya: "After the destruction of the Second Temple, one who heard blasphemy was no longer required to rend his garments, otherwise all would be walking around with their garments in tatters." (Babylonian Talmud, Sanhedrin 60a) For that matter, there are U.S. federal, state and local laws that protect a number of violations of the Noahide Commandments. A few of the prohibitions that are protected in all, most, or some locations come to mind immediately: idolatry, abortion, castration and homosexuality, for example. Also, our research indicates that much more could be done to establish government regulations against commerce in meat that was removed from a living animal. At the present time, we know of no functioning Noahide courts. The most useful effort at this time seems to be in trying to influence the secular authorities of the nations to adapt laws which touch appropriately upon as many of the Seven Commandments as possible. The main goals of the Noahide Commandments include uplifting individuals and society at large to a higher and truer spiritual level, in accordance with G-d’s Will. For example, if the U.S. started today to enforce the Noahide Commandment against forbidden sexual relations, a lot of people would start taking cold showers. That probably would indeed have a "chilling" effect on society, as you put it!

QUESTION: What do we do with insane people who are often saying all kinds of weird things, and appear to have no control over it?

ANSWER: Someone who is accused of transgressing one of the Seven Noahide Laws can be found guilty in a Noahide court only if he or she is found to be mentally competent.

QUESTION: What do you do when the person denies he or she said such a thing? Perhaps this has to do with the issue of false witnesses. How can we be sure they heard correctly? Are we to always assume the witness is always telling the truth, and accurately?

ANSWER: "The witnesses must be subjected to a thorough and systematic scrutiny to reveal any inconsistencies or other flaws in their testimony" (from Path of the Righteous Gentile, p. 109). Furthermore, the testimony of someone who is known to transgress the Seven Noahide Laws is not admissable.

QUESTION: What about circumstantial evidence (i.e. tape recordings)? Is that admissable, and how do we guard against doctoring of tapes? What about print? Or quotations from non-extanct documents? In this case the defendent will claim the quotes were taken out of context. (I have certainly seen that before!)

ANSWER: Of course it is sinful to make blasphemous statements in writing or by other non-verbal means, but a Noahide court only considers cases of verbal blasphemy. The witnesses to a verbal blasphemy must have actually heard the statement first-hand. In other types of cases, circumstantial evidence may be brought in Noahide courts, as it is in all functioning courts today, and of course that evidence must be examined to determine its validity.

QUESTION: What happens to witnesses if we find out they gave false testimony in a Noahide court?

ANSWER: The Noahide Laws do not leave out a prohibition against bearing false witness. This prohibition is included as a detail of the general Noahide commandment to set up righteous courts of law. For more information about this, you can refer to the chapter on Courts of Law in the book "The Path of the Righteous Gentile." The prescribed punishment for bearing false witness is quite strict. The chapter linked to above concludes with the following points: "[Bearing] false witness ... is tantamount to conspiring against another, and this is a grave transgression. (Note: One who gives false testimony which convicts a person and causes him to be executed receives the death penalty.)"

QUESTION: It seems to me that G-d's Commandments cannot be accepted under duress (the authority of a court) because it means that the person has not intellectually accepted it (but only emotionally).

ANSWER: G-d did not have to get our permission to create us. So He does not need our permission in order for Him to require us to observe His Commandments, which He revealed to Noah and to Moses, and which Moses recorded in the Torah. According to the Zohar, the Torah "preceded Creation by 2000 years" (meaning 2000 spiritual levels), and Torah is the "blueprint" for Creation. This means that if there would be no Torah or its Commandments (G-d forbid!), there would be no Creation. G-d is the "King of the kings of kings," not an "elected official" who needs to worry about opinion polls (G-d forbid!). Our world's present condition of spiritual exile is a temporary aberration, like a dream, during which we can incorrectly imagine that we don't have to keep His Commandments if we don't want to. That dream will be ending very soon with the coming of Moshiach, at which time our whole desire will be in living according to G-d's will.

QUESTION: There are other places where Maimonides argues on the need for intellectual *as well as* emotional acceptance of Torah. I feel that intellectual processes take place better in calm circumstances where the rational faculties can operate at peak efficiency.

ANSWER: Of course. That is what G-d wants and expects from us.

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