We find two commands in the Torah whose purpose is to prevent disrespect to a person. On the one hand, the Torah states “You shall not curse God, nor curse a ruler of your people” (Exodus 22:27), while on the other hand we find the commandment “Do not curse a deaf man” (Leviticus 19:14). There is an additional prohibition regarding parents “He who curses his father or his mother shall be put to death” (Exodus 21:17).
The Midrash Halakhah puts these different commandments into a single category, explaining that the common denominator is the prohibition to curse, a restriction that applies across all strata of society. “What they all have in common is that they are members of your community and it is forbidden to curse them” (Mekhilta of Rabbi Ishmael Mishpatim, Ch. 5; Sanhedrin 66b). Although the halakhah limits the prohibition to certain specific expressions of cursing (see Mishnah Shevu’ot 4:13), it is impossible to ignore the sensitivity shown by the Torah to the honor of national leaders or the members of the high court, which is identical to that shown to individuals on the fringes of society, like the deaf man. This comparison shifts the discussion away from the technical aspects of the prohibition and focuses the discussion on the abstract, spiritual concept of shame and contempt. As Rabbi SR Hirsch explains, “Do not curse even using words that cannot hurt. Do not wish that someone should be destroyed in his wickedness…”
In recent years Israeli law has recognized the importance of offering equal protection to the dignity of all elements of society – to ordinary citizens as well as to its leaders. The recognition of the fundamental right of every human being to dignity – a right that impacts on a wide variety of situations – is gaining widespread acceptance in the consciousness of modern man. In the ancient world, it was only those people who were your equals who were worthy of honor, but the modern view is more similar to the outlook found in the Torah. It is not only the elite who are deserving of honor – every human being is unique and entitled to his or her own human dignity. Even if someone is unaware of the insult (like the deaf man who does not hear that he is being cursed), nevertheless his humanity and human dignity has been wounded.
The Ramban points out that the deaf man and the leader referred to by the Torah do not represent two opposite poles of societal standing. He does not believe that the Torah is trying to teach the need to respect human dignity on different societal levels. He argues that the Torah has chosen these two representatives because of the similarities that exist between them that separate them from the rest of society – they often find themselves the object of ridicule. Regarding the case of the deaf man – who represents all of the unfortunate, downtrodden members of society – this can easily be understood. The Ramban teaches that it is also common for national leaders to be cursed in private by their subjects, when the populace is upset with their leadership and critical of their failings. This is also true of the judiciary, which people are quick to deprecate and criticize when its rulings make people’s lives more difficult. He writes, “and an additional negative commandment was written relating to rulers, like the king and the judge, because it is common for people to curse them in the privacy of their bedrooms…” Curses and attempts to disgrace are acts that are not justiciable, they create venom, but do not cause tangible injury, just a lowering of the status of the leader in the eyes of his subjects. Such epithets serve as a way to express resentment against those who cannot be harmed in any other way. It is a wonderful way to "let off steam" without really risking anything. Rabbi SR Hirsch clarifies, however, that “letting off steam” in this manner contains a kernel of violence. “A curse reveals all of the evil that lies in the heart of the man who curses. It is only because he lacks power that he does not commit violence against his fellow.”
There is also another element to this matter. By examining the issues that arise from cursing a deaf man, one can understand the injustice caused by such curses, including those directed at community leaders. Many have noted that the uniqueness of the deaf man is that he does not hear and cannot be directly harmed by the one who is cursing him. A comment made by Rabbi Menachem Racanati (13th Century, Italy) changes the equation and gives this law new meaning:
“A simple explanation that can be given is that a deaf-mute can neither speak nor hear, and the individual who suffers from a specific disability is more sensitive to injury relating to that disability that he is to others.”
Racanati points out that the deaf man faces a challenge not only in his inability to hear, but also that he may be unable to speak, as we find in the Mishnah “The deaf man referred to by the sages in all places is a deaf-mute who can neither hear nor speak” (Mishnah Terumot 1:2). It appears that he is suggesting that the deaf man is challenged not so much by the fact that he cannot hear, but by his inability to respond to the curses aimed at him. This is similar to the challenge faced by the national leaders and the judges. They, too, have curses hurled at them. Since they cannot be removed easily from their positions of prominence, what is left to the populace is to curse, to whisper, to start rumors, to belittle them in order to devalue their worth, to besmirch their names and to engender hatred towards them. We can deduce that the prohibition against cursing is directed at the individual who makes use of his credibility, his status and his reputation (as the ibn Ezra says “because he has the power”) to cast aspersions on others. Hurling curses and epithets is not meant to engender conversation or debate. Their force is not based on facts, but on visceral feelings. From this perspective, the one against whom these words are directed is a “deaf-mute” – by definition helpless – inasmuch as he is unable to respond and defend his honor.