Sanhedrin, Chapter 7, Mishnah 5. Our Mishnah returns to the previous Mishnah, which listed eighteen ways in which a person is liable to stoning, and in the following Mishnayos it details some of them. The first case discussed here is the blasphemer.
The Definition of a Blasphemer:
The blasphemer, usually translated as one who curses, is someone who mentions the name of Hashem in order to curse Hashem. Rashi derives this from the verse, "And one who curses the name of Hashem shall be put to death": "Curses" (nokev) means expressing a desire that something bad happens to another, just as Bilaam said, "How can I curse (ekov) whom Kel has not cursed" - how can I harm Israel, when Hashem does not desire it. Here too, it refers to one who expresses a desire that something bad should happen to Hashem. And since the end of the verse reiterates and emphasizes "when he curses the Name he shall be put to death," it proves that this must be done with the Name, with one of the names of Hashem.
Therefore, two conditions are required for this curse:
The object of the curse: It must be Hashem Himself, and specifically the name Y-H-V-H or as it is pronounced - Adnus, according to the Rambam. One of these two must be the target of the curse.
The source of the curse: This too must be Hashem, but here one can mention any of the names that may not be erased that the Rambam lists - Elokim, Kel, Ekyeh Asher Ekyeh, and the like.
We find that the transgression lies in mentioning one of the names of Hashem together with a request that He do, as it were, something bad to Hashem Himself, Heaven spare us.
It must be prefaced that the Mishnah and the Gemara use a euphemism, saying "to bless" instead of "to curse," because they do not want to express the matter literally from their mouths.
Cases Without Liability to the Death Penalty:
If he said only half of the statement, such as "May Hashem be blessed" - this is nothing, since it is required that the source of the curse also be one of the names of Hashem.
If he mentioned a term that is not one of the names of Hashem, such as "May the Merciful One bless Hashem" - this involves a negative prohibition and liability to lashes, but there is no liability to the death penalty. Liability to the death penalty requires mentioning one of those seven names.
The Substitute Name 'Yosi':
The Mishnah as well avoids saying the words explicitly, and therefore it uses the substitute name "Yosi" in place of the name of Hashem. This word was chosen for two reasons:
It has four letters, just as the name Havayah has four letters.
Its gematria (numerical value) is eighty-six, the same as the gematria of "Elokim".
The Mishnah is divided into two parts: The first deals with the technical conditions under which a person is liable as a blasphemer; the second deals with a different question - if people are unwilling to explicitly say what was said, how will the discussion be conducted in court and how will the blasphemer be convicted of his action?
First, the Mishnah says: "Hamegadef eino chayav ad sheyifaresh es Hashem" - the blasphemer is not liable to stoning until he explicitly mentions the Name of Hashem. Therefore, if he heard another person talking about a matter and saying, "May Hashem destroy this idol," and he responded and said, "Yes, and also Hashem" - since he did not articulate the curse in its entirety, he is exempt. He must articulate the complete curse as it was explained.
Conducting the proceedings in the beis din:
Rabbi Yehoshua ben Korchah says that throughout the trial, when discussing the witnesses and examining the guilt of the blasphemer, they use a substitute name: "Yakkeh Yosi es Yosi". The term "kinnui" (substitute) often refers to the attributes of Hashem, such as Gracious and Merciful, but here it means any alternative name. "Yakkeh" - an expression of striking, like the language of physical blows. The first "Yosi" is the source of the curse, which could be the Name of Havayah or any of the seven Names. "Es Yosi" is the recipient, and the object of the curse must be the Name of Havayah or Adnus.
This is how the discussion is conducted, without anyone being forced to explicitly articulate the curse. However, they do not convict unless the beis din heard with their own ears exactly what was said, and there are two reasons for this:
Perhaps all that the person said was only the substitute name, and he did not mention the Name of Hashem at all. The testimony must be explicit and clear.
The depth of the matter: The witnesses recreate the event before the judges, in such a way that the judges seemingly experience and see it themselves. Therefore, it is required that the event be recreated through explicit testimony.
Therefore, when the time for conviction arrives, they do not execute based on testimony stated only in substitute names. They remove everyone present from the beis din, and no one remains except the witnesses and the judges. They ask the eldest witness among them to state exactly what he heard, like a human recording device - the words as they were. He states the curse exactly as it was worded, and in reaction to hearing it, the judges are obligated to stand on their feet.
The judges also tear their garments, like one who has suffered a bereavement, because of the severe desecration of Hashem's Name involved here. This is a tear that may not be mended - the term "ichui" (mending) means connecting, and here the tear cannot be repaired in a way that it will no longer be noticeable. These are the same laws as one who tears for his father and for his mother. This does not mean that it is forbidden to connect the two parts of the garment: someone who only has one coat is permitted to fix it and connect it back together, but the repair must be done in a certain way, not by a seamstress and not by a professional tailor, but in a manner where it will always be noticeable that this is a garment that was torn. Physically it is connected, but the tear is still noticeable and cannot disappear.
This covers the first witness. And what about the rest of the witnesses? "Vehasheni omer, af ani kemoso" - and the second says, I too am like him, meaning, I heard exactly what he heard. He does not repeat the words a second time, but rather confirms that this is what he heard. "Vehashlishi omer, af ani kemoso" - and the third says, I too am like him. If there is a third witness, he too says this, and the same law applies to any number of witnesses.
How is the witness permitted to state the curse explicitly?
He is indeed expressing a curse against Heaven, but he does not intend it at all. The entire essence of a blasphemer is the expression of contempt toward Hashem, and this does not exist here, and therefore the matter is permitted.
And are the witnesses also obligated to tear their garments?
It is interesting to see in Tosafos, based on the Gemara, that they are not obligated, since they already tore their garments when they heard the original curse. From here we learn that anyone who hears such a curse is obligated to tear his garments - not just the Beis Din, but anyone who hears it.