Ki Tavo - Just a Private Sin

(14) The Levites shall then proclaim in a loud voice to all the people of Israel: (15) Cursed be any party who makes a sculptured or molten image, abhorred by יהוה, a craftsman’s handiwork, and sets it up in secret.—And all the people shall respond, Amen. (16) Cursed be the one who insults father or mother.—And all the people shall say, Amen. (17) Cursed be the one who moves a neighbor’s landmark.—And all the people shall say, Amen. (18) Cursed be the one who misdirects a blind person who is underway.—And all the people shall say, Amen. (19) Cursed be the one who subverts the rights of the stranger, the fatherless, and the widow.—And all the people shall say, Amen. (20) Cursed be the [man] who lies with his father’s wife, for he has removed his father’s garment. —And all the people shall say, Amen. (21) Cursed be the one who lies with any beast.—And all the people shall say, Amen. (22) Cursed be the [man] who lies with his sister, whether daughter of his father or of his mother.—And all the people shall say, Amen. (23) Cursed be the [man] who lies with his mother-in-law.—And all the people shall say, Amen. (24) Cursed be the one who strikes down their fellow in secret.—And all the people shall say, Amen. (25) Cursed be the one who accepts a bribe in the case of the murder of an innocent person.—And all the people shall say, Amen. (26) Cursed be whoever will not uphold the terms of this Teaching and observe them.—And all the people shall say, Amen.

Scripture mentions these eleven sins because an individual can commit them in secret. And sets it up in secret (v. 15) is proof, for if one commits this crime in the open they are put to death. The one who smites their neighbour in secret (v. 24) is similar. Scripture begins with the most important, namely, that which concerns a person and their creator. It then speaks of a person and their parents, for who knows if someone dishonours them?

(1) ושם בסתר, there are a total of 12 “curses” corresponding to the 12 tribes, all of the sins mentioned in them being of the type that one commits in private, when one is unobserved and no witnesses are present. I will explain all of them. There are only two of these which are sometimes committed in private and sometimes in public. These are idolatry and striking one’s fellow Jew. This is the reason that the Torah mentions the word בסתר specifically in connection with thee two sins that are listed here. The reason is that for sins committed in public there is no need to utter a curse as people sinning in public are not frightened of the curses either. Not only that, the court has a chance to deal with crimes/sins committed in public. This is the message in 29,28 הנגלות לנו ולבנינו עד עולם, we are forever obligated to deal with publicly committed offenses. Only when crimes are committed in secret do we leave punishment of the sinners to G’d, i.e. הנסתרות לה' אלוקינו, “secretly committed sins are left to G’d to avenge.” (same verse) This includes the whole range of punishments to which the sinner had made himself liable, not only for sins carrying the death penalty.
You will note that the Torah does not write ארור שוכב עם אשת רעהו, as normally when one enters another’s house this does not go unobserved. Sleeping with one’s mother-in-law, however, is different, as both parties usually dwell in the same house. (verse 23). Insulting father or mother (verse 16) is something normally done in one’s parents’ home, where strangers are not present. The same is true of someone moving boundaries in the field; (verse 17) it is done at night away from prying eyes. If the one doing it were to do it in full view of his neighbour, surely he would be challenged. The same applies to misdirecting the blind, (verse 18) or someone sleeping with a beast (verse 21). Naturally, all forbidden sexual unions are naturally performed by consenting adults, each one making sure he or she is unobserved.
Verse 20 speaking of someone sleeping with his father’s wife (former, not his mother) is also something which normally occurs in the male’s home, the place he grew up in, where he is not an intruder. Intercourse with animals clearly occurs in the privacy of the home or the animal’s pen, no one wanting to take a chance at being found out in such depraved behaviour. All other incestuous couplings are presumed to take place at home and with consent of the second party.

A tanna taught before Rav Nachman: When a person causes their father and mother suffering, the Holy Blessed One says: I did well in not dwelling among them, for if I had dwelled among them they would have caused Me suffering.
Rabbi Yitzchak says: Anyone who transgresses in private, it is as though they are pushing away the feet of the Shechinah, as it is stated: “So says the Eternal: The heaven is My throne and the earth is My footstool” (Isaiah 66:1).

Anyone who transgresses a sin in private: Since they are embarrassed by the presence of others to transgress in public, and transgresses in private, they are acting as if the Shechinah is not able to see in private, and are pushing aside the legs of the Shechinah, as if the legs of the Shechinah are not on the land, and the verse attests "and the land is the resting place for my legs." About this R. Joshua ben Levi said, "It is forbidden for a person to go four amot standing upright." In several places it says that a person's height is four amot, and this one who goes four amot standing straight up, acts as if it belonged to them, and there is no room for the Shechinah, and the verse says, "God's presence fills the whole land."

Rabbi Abbahu says in the name of Rabbi Chanina: It is preferable for a person to transgress in secret and not to desecrate the name of Heaven in public [befarhesya], as it is stated: “As for you, house of Israel, so says the Eternal: Go you, serve everyone their own idols, even because you will not hearken to Me, but My sacred name you shall not profane” (Ezekiel 20:39).

Rabbi Yitzchak said: They say in the West in the name of Rabba bar Mari: Come and see that the attribute of flesh and blood is unlike the attribute of the Holy Blessed One. With flesh and blood people, if one insults a friend with words, it is uncertain whether the victim will be appeased or will not be appeased. And if you say they will be appeased, it is still uncertain whether they will be appeased by words or not be appeased by words. But with the Holy Blessed One if a person commits a transgression in private, God is appeased by words, as it is stated: “Take with you words and return to God” (Hosea 14:3). And not only that, but God considers it a favour as it is stated: “Accept that which is good” (Hosea 14:3). And not only that, but the verse credits them as though they had sacrificed bulls, as it is stated: “So we will render for bulls the offering of our lips” (Hosea 14:3). Lest you say like obligatory bulls, therefore the verse states: “I will heal their backsliding, I will love them freely” (Hosea 14:5).