6. If someone was under *Nidui* for thirty days and did not ask to for the ban to be lifted, we declare a second *Nidui*. If he sat [in *Nidui*] for another thirty days and [still] did not ask for the ban to be lifted, we put him in *Herem*.

Q1: Why is the *Menudeh*’s lack of interest in getting the ban lifted cause for another ban?

HH: If he had repented, he would have asked for forgiveness.

YE: Just to add to Harald’s words:

A component of the violation which led to *Nidui* was attitudinal – towards the sages and/or the community (see our posting at TT 6:14, Q8). If the *Menudeh* is unmoved by the ban, such that he doesn’t care enough to be reintegrated into the community _and_ reaccepted by the sages – that is a continuation of the same negative and destructive attitude that led to the first *Nidui*.

Q2: If he is not concerned or moved by being in *Nidui* – how will a second *Nidui* or *Herem* be any different?

HH: Repentance needs time. Besides, the punishment of being cast out from the community becomes more and more painful as the separation lasts longer and longer.

Rambam, Copyright (c) 1999 Project Genesis, Inc.