==Blasphemy in Jewish Law (for Jews)==

The Jewish law is based on the case of the blasphemer, one of the mixed multitude that went out of Egypt with the children of Israel (.<ref>Lev. xxiv. 10-23). </ref> He blasphemed the name of the L-rd and cursed; was sentenced to be taken without the camp; and it was decreed that all who heard him should lay their hands upon his head, and that all the congregation should stone him. The judgment in his case was formulated in a general law in verses 15 and 16.

Beyond the reference to cursing in the text of Leviticus, there is nothing in the Biblical laws to indicate what constitutes the crime, and nothing to show that, to prove blasphemy, it was required to prove that the blasphemer had uttered the name of G-d. The Mishnah, however, laying stress on the term "nokev," declares that the blasphemer is not guilty unless he pronounces the name of G-d (.<ref>Mishnah Sanh. vii. 5). </ref> The Gemara goes further and extends the crime to an impious use of any words which indicate the sacred attributes of G-d, such as "The Holy One" or "The Merciful One." As long as the Jewish courts exercised criminal jurisdiction, the death penalty was inflicted only upon the blasphemer who used the Ineffable Name; but the blasphemer of G-d's attributes was subjected to corporal punishment (.<ref>Sanh. 56a). </ref> According to Talmudic tradition, the Sacred Name was in early times known to all; but later its use was restricted (.<ref>Kid. 71a).</ref>

Even in taking testimony during the trial of a blasphemer, the witnesses who heard the blasphemy were not permitted to repeat the very words, but an arbitrary phrase was adopted to indicate the blasphemy. Thus, R. Joshua ben Karhah said: "Throughout the examination of the witnesses, 'Yose' should be used, and they should say, 'Yose shall strike Yose,' to indicate the blasphemy" (.<ref>Mishnah Sanh. ib.). </ref> At the conclusion of the trial sentence of death could not be passed by such testimony only, and it thus became necessary for one of the witnesses to use once the very words which they had heard. The court directed all persons not immediately concerned in the trial to be removed, and the chief witness was then addressed thus: "State literally what you heard" - and when he repeated the blasphemous words the judges stooi up and rent their garments, that being the common sign of mourning. And the rents were not sewed up again, indicating the profound degree of the mourning. After the first witness had thus testified, the second and the following witnesses were not called on to repeat the identical words; but were obliged to say, "I also heard it thus" (.<ref>Mishnah Sanh. ib.)</ref>

The text of the law in Leviticus provides that the stranger, as well as the native born, is liable to punishment for blasphemy. Talmudic tradition states that blasphemy was one of the seven crimes prohibited to the Noahides (<ref>Sanh. 56a)<ref>, i.e., according to natural law ....

The Talmud bases the custom of rending the garments in such cases upon the Biblical precedent in 11 Kings xviii. 37, where Eliakim and others rent their garments when they heard the blasphemy of Rab-shakeh: and in order to bring this view into harmony with the practise requiring the rending of garments only on hearing a blasphemy by a Jew, the Talmud states that Rab-shakeh was an apostate Jew (.<ref>Sanh. 60a).</ref>

According to R. Hiyya, the rending of garments was no longer required after the fall of the Temple ("He who hears blasphemy nowadays is not obliged to rend his garments, because otherwise his garments would be nothing but tatters," <ref> Sanh. ib.</ref>); for the criminal jurisdiction of the Jewish courts had ceased, and the fear of death no longer deterred the blasphemers. The later law, however, restored the practice of rending the garments. In an opinion rendered by Gaon Rab Amram (<ref>"~~Teshubot Geone~~ Teshuvot Geonei Mizrah Uma'~~arab~~arav," collected by Joel Muller, No. 103</ref>) he says, "He who hears his neighbor blaspheme must excommunicate him in these days, no matter what language was used. This is the practice of the pious. It is not necessary that the blasphemy be in Hebrew, and it makes no dif f erence whether the I nef f able Name or the attributes of G-d be mentioned, whether the offender be a Jew or a non-Jew, whether the language be Hebrew or any other. These distinctions were made to distinguish the capital crime from the lesser offense; but for purposes of excommunication, it makes no difference whether the blasphemer be a heathen or a Jew, whether he use the Sacred Name or the attributes, nor what language he uses, he must be excommunicated." And this opinion is, with slight modification, repeated in the Yoreh De'ah<ref>Yoreh De'ah (340,37)</ref>

==Blasphemy in Jewish Law (for Noahides)==

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