The Torah commands in Parashat Mishpatim (Shemot 22:27), “Elohim Lo Tekalel” – “You shall not curse ‘Elohim’.” The Rabbis understood the word “Elohim” in this verse (a word which normally refers to G-d) to mean “judges,” and this verse thus establishes a prohibition against cursing a judge. Although a separate prohibition forbids cursing any Jew, this verse adds a special prohibition forbidding cursing a judge. The Sefer Ha’hinuch explains that the Torah wanted to ensure that judges did not come under intimidation. If people would be permitted to curse judges, then judges would be frightened of people, and when such a person comes before a court, the judge might be partial towards him. Additionally, cursing judges could lead to actual violence against judges, which would have the effect of discouraging people from serving as judges. Qualified judges are crucial for the proper functioning of society, and so the Torah established a separate prohibition against cursing judges.
Although the primary meaning of the word “Elohim” in this verse, as mentioned, is “judges,” it alludes to G-d, as well, such that this verse warns against blaspheming the Almighty. Elsewhere, the Torah establishes that blaspheming G-d is a capital offense punishable by death, but there is a rule that one cannot be punished if the Torah never expressly forbade the act in question. The Sages thus understood that the verse “Elohim Lo Tekalel” not only forbids cursing judges, but also warns against blaspheming G-d. The Sefer Ha’hinuch explains that the Torah goes out of its way to issue commands, rather than simply stating that those who commit certain actions are to be punished, because some people might otherwise decide to commit these acts and endure the punishment. If the Torah had only mentioned the punishments, without explicitly commanding us not to commit these actions, people might think that it is legitimate to commit these actions and accept the punishment. The Torah therefore not only stated the punishments, but also clearly commanded us to refrain from these actions.
Needless to say, this prohibition applies in all times and places, and is binding upon both men and women. One who curses a judge using one of the Names of G-d, or even one of the words used to describe G-d (such as “Hanun,” or “Kana”), receives Malkut. Although generally one is not liable to Malkut when transgressing a prohibition without performing an action, cursing with the Name of G-d marks an exception to this rule, and one who violates this prohibition is indeed liable to Malkut. The Sages derived this exception from a pair of adjacent verses in the Book of Debarim (28:58-59): “If you do not ensure to observe all the words of this Torah…to fear this respected, awesome Name…then G-d will strike you remarkably…” The Torah here juxtaposes respecting the Name of G-d with lashes (“Ve’hifla Hashem Et Makotecha”), thus establishing that unlike other sins committed verbally, without an action, blaspheming with the Name of G-d is punishable by Malkut.
If one curses a judge without mentioning a Name of G-d, he does not receive Malkut, but he has nevertheless transgressed this Torah violation. The Minhat Hinuch writes, however, that if one cursed a judge and then immediately, “Toch Kedeh Dibbur” (within a few seconds), retracts his comments, then he is not liable to Malkut.
If the judge forgives the one who cursed him, the person has nevertheless transgressed this prohibition, and if he invoked a Name of G-d, he receives Malkut.
One violates this prohibition regardless of whether he uttered the curse in Hebrew or in any other language.