Showing posts with label Kohanim. Show all posts

Parashat Emor

Parashat Emor

VaYikra 21:1 - 24:23
Haftarah
Yechezkel 44:15-31

Parashat Summary

Laws Regulating the Lives and Sacrifices of the Kohanim
The Set Times of the Jewish Calendar are Named and Described: the Shabbat, Rosh HaShanah, Yom Kippur, and the Pilgrimage Festivals of Pesach, Shavu'ot, and Sukkot.
G-d Commands that Olive Oil be brought for Lighting the Menorah
Placement and Display of the Showbread are Explained
Laws Dealing with Profanity, Murder, and the Maiming of Others are Outlined

21:1 Vayomer HASHEM el-Moshe emor el-hakohanim benei Aharon ve'amarta alehem lenefesh lo-yitama be'amav
HASHEM said to Moshe, "Speak to the Kohanim, the sons of Aharon, and you shall say to them, let him not defile himself with the dead among the people.
The Torah here is speaking of the Kohanim.  The Kohanim had higher status then the other people because they were G-d's servants; they brought sacrifices to G-d.  That is why G-d gave them special commandments.

One of these commandments was that they should not defile themselves through any uncleanliness, especially through contact with the dead, which is the most severe uncleanliness.  A corpse is considered a "super-category" (Avi Avot) of defilement.

G-d told Moshe to tell the Kohanim that they may not come in contact with any corpse which is not among the close relatives because this would defile them.  The Kohanim, who were the religious leaders, could not become involved in burying the dead or similar concerns. (Abarbanel; Ir Miklat)

21:2 Ki im-lish'ero hakarov elav le'imo ule'aviv velivno ulevito ule'achive
[The only] exception is his kin to whom he is closely related, for his mother and his father, for his son, his daughter and for his brother.
3 Vela'achoto habetulah hakrovah elav asher lo-hayetah le'ish lah yitama
For his virgin sister, to whom he is closely related, who has not yet been married, for her he may be defiled.
4 Lo yitama ba'al be'amav lehechalo
[However], a husband may not defile himself for his wife if she is legally unfit for him.
A Kohen may only defile himself for his sister as long as she is not married or betrothed.  However, if she is betrothed (me'ureset), or married, it is forbidden for him to defile himself to attend to her burial. (Yoreh Deah 373. See Rashi)


Laws of Priestly Defilement

A Kohen is forbidden to come into contact with anything unclean that is derived from a corpse, such as a limb, an olive-sized piece of flesh, or a bit of bone, even as small as barley.  A Kohen may not touch such articles or be in the same building with them.

It is likewise forbidden for a Kohen to touch a golel, which is a stone placed on a grave.  He may not touch the dofek, which is the structure of small stones placed around the large stone to support it. (Yoreh Deah 369; Sifra)  He is forbidden to touch these stones even if they are not directly attached to the grave. (Sheyarei Kenesset HaGedolah, Yoreh Deah 369)

It is also forbidden for a Kohen to touch a grave.

He may not touch an amputated limb of a live person.  As long as such a limb has enough flesh so that it could survive if it were attached to the body, it is forbidden.

Wherever there is a possibility that a grave may have existed, a Kohen may not enter that place. (Bet Yosef ibid.)

It is also forbidden for a Kohen to enter a house where there is a still-born child.  Therefore, if a woman miscarries, the fetus should be immediately taken out of the house and buried in a cemetery 

If a person is on his deathbed, or if he throat has been slit, severing both his esophagus and windpipe but he is still moving, a Kohen is permitted to be in the same room with him.  The same is true if someone has been stabbed many times.  As long as the person shows signs of life, the Kohen may remain in the same room until the person is obviously dead. (Yoreh Deah 370)

Nevertheless, it is forbiddden for a Kohen to enter a house where there is a person on his deathbed.  We are concerned that the person might die while the Kohen is still there. (Ibid. 371)

No matter how large the house is, if a corpse is inside, it is forbidden for a Kohen to enter it.


Permitted Relatives

There are some relatives with whom a Kohen may come into contact if they die.  It is even considered a virtuous deed for him to defile himself for them.

A Kohen may defile himself to care for his dead wife if they are completely married.  However, if he is merely betrothed he may not defile himself for his bride (arusah).

Furthermore, a Kohen may only defile himself for a wife who is permitted to him.  If he marries a woman who is not permitted to him, such as a harlot, a chalalah, or a divorcee, he is forbidden to defile himself for her sake.

It is also a virtuous deed for a Kohen to defile himself to care for the needs of his dead father, mother, son or daughter.  However, he may defile himself for his children only after they are thirty days old and it is known that they were able to survive.

The Kohen must also defile himself to care for his brother or sister.  In the case of a half brother or sister he may only do so if they have the same father.  If they only share a mother it is not permitted.

Furthermore, he may only defile himself for his sister if she is single.  If she is betrothed, and certainly if she is married, he may not.  If she was married and divorced he may again defile himself for her.

Even when a Kohen is defiling himself for the sake of his relatives, he is forbidden to defile himself for another corpse.

Therefore, if a Kohen is burying a close relative, he should make every effort to do it at the edge of the cenetery so as not to defile himself with other graves while he is involved with his relative.

If one of the above mentioned close relatives commits suicide, a Kohen may not defile himself to care for his burial.


The Mandated Corpse

If the corpse of a Jew is found in a place where there is no one else to bury it, it is considered a "mandated corpse" (met mitzvah)

Just as a Kohen must defile himself for his close relative so he must defile himself for a met mitzvah.  Even in the time of the Holy Temple, when there was a Kohen Gadol, if the Kohen Gadol came across a met mitzvah he would have an obligation to bury him.

Even if the Kohen Gadol had still other degrees of sanctity, such as if he was a Nazarite (who also may not come into contact with the dead, BaMidbar 6:6), or if he was going to slaughter his Paschal Lamb or circumcise his son, he must put aside all observances and defile himself so as to bury the met mitzvah.

A met mitzvah is a Jewish corpse that is found along the wayside or in a gentile city, where there is no other Jew to bury it. As long as there are no other Jews who could be called to bury it, a Kohen must do so.  He may not leave the corpse alone to go and call others to bury it; he himself must do so.

If the place is close enough to Jews that he can call out to them and they will come, then the corpse is not considered a met mitzvah.  In such a case, the Kohen must call them and let them come.  He is forbidden to defile himself.

21:5 Lo-yikrechu korchah berosham ufe'at zekanam lo yegalechu uvivsaram lo yisretu saratet
They shall not make baldness on their heads and the corners of their beards they shall not shave, and they shall not make gashes in their flesh.
All these practices are also forbidden to ordinary Jews.  A Jew may also not shave off patches of his hair for the dead (Devarim 14:1).  He may also not shave (19:27) or gouge his skin for the dead (19:28).  However, if a Kohen does any of these practices he is guilty of violating two commandments rather than one. (Yoreh Deah 373:7; Sifetei Kohen 373:12.  See Hagah Ibid.)

21:6 Kedoshim yihyu le-Elokeihem velo yechalelu shem Elokeihem ki et ishei HASHEM lechem Elokeihem hem makrivim vehayu kodesh
They shall be holy to their G-d and they shall not profane the Name of their G-d, for [it is] the fire-offerings of HASHEM, the bread of their G-d [that] they bring [offer], and they must [therefore] be holy.
Here the Torah is commanding the courts, telling them that G-d commanded the Kohen to be holy.  If the courts see a Kohen who wishes to defile himself for a corpse, the courts have an obligation to teach him and explain to him that he should not do so.

This is because the Kohanim are G-d's servants and bring His sacrifices.  They must therefore be holy.  This also implies that they cannot marry just any woman they may desire.

21:7 Ishah zonah vachalalah lo yikachu ve'ishah grushah me'ishah lo yikachu ki-kadosh hu le-Elokav
A harlot or a profaned woman they shall not marry.  A woman divorced from her husband they shall not marry, for he is holy to his G-d.
The Torah says that a Kohen may not marry an "immoral woman" or a "zonah," (harlot).

 A zonah is defined as any woman who is married to a man who is forbidden to her, where there is a penalty of death, karet (being spiritually cut off), or flogging (malkot) for such a union.  In general, if it is forbidden for a man to marry a woman, the woman has the status of a zonah if she is so married.

Furthermore, if a woman has intercourse with a gentile or a gentile slave (belonging to a Jew) she becomes a zonah.  She also becomes a zonah if she has intercourse with a natin. A natin is a descendant of the Gevoni who misled the Benei Yisrael in the time of Yohoshua (9:3-27)

If a woman has intercourse with a mamzer, the child of an incestuous or adulterous union, she is again a zonah.  The same is true if she has intercourse with an Ammoni or Moavi or their children, even if they have converted to Judaism. This is true whether it is a first generation proselyte form these nations or any of their descendants.  (Devarim 23:4).  The same is true if she has intercourse with an Egyptian or an Edomi who have converted to Judaism. (Devarim 23:9) or any of their descendants.

A woman also becomes a zonah if she has intercourse with someone with damaged genitals (Devarim 23:2). If a woman has intercourse with a chalal she also becomes a zonah.  A chalal is a son born to a Kohen by a woman forbidden to him.

If a woman marries any man who is forbidden to her she becomes a zonah.

It goes without saying that if a woman fornicates with a close relative or with anyone else in a case where the penalty would be karet or death she has the status of zonah.

A woman convert to Judaism also has the automatic status of a zonah and is forbidden to a Kohen.  This is true even if she became a convert to Judaism as a young child.

A Kohen may also not marry a chalalah.  A chalalah is defined as a widow who married a Kohen Gadol, who is forbidden to her (21:14).  Such a woman is forbidden to every Kohen.

Similarly, if a common Kohen marries a zonah or divorcee, and she gives birth to a daughter, both the daughter and her mother have the status of chalalah.

If a Kohen Gadol marries one of these women or a widow, and a daughter is born, both the mother and daughter have the status of a chalalah and no Kohen may marry them.

It is likewise forbidden for a Kohen to marry a divorcee.  It makes no difference whether she was actually married and divorced or merely betrothed as an arusah and divorced.

There are therefore three categories of women who are forbidden to every Kohen, whether a common kohen or a Kohen Gadol. These laws are in effect today, too. If a Kohen marries any of these three women he incurs the penalty of flogging.  The three categories are:

  1. zonah
  2. chalalah
  3. divorcee
G-d commanded that the Kohen be very careful with regard to marriage.  They have a special status with regard to marriage because in the time of the Temple they had a special status in that only they were allowed to bring sacrifice.  Therefore G-d gave them extra commandments. (Rashi; Sifetei Chachamim)

21:8 Vekidashto ki-et-lechem Elokeicha hu makriv kadosh yihyeh-lach ki kadosh ani HASHEM mekadishchem
You shall make him holy for he offers the bread of your G-d; he shall be holy unto you for I, HASHEM, am holy, Who makes you holy.

Here the community is commanded to sanctify a Kohen even against his will.  Therefore the courts have the responsibility that if a Kohen marries a woman forbidden to him, they must coerce him to divorce her. (Sifra; Rashi)

21:9 Uvat ish kohen ki techel liznot et-aviha hi mechalelet ba'esh tisaref
The daughter of a Kohen, who profanes herself by fornication - she profanes her father - she shall be burned with fire.
The Torah here is speaking of a Kohen's daughter who is married or betrothed.  The law is if she commits adultery, the death penalty she is given is burning.  This is a very harsh death.  She is given such a harsh punishment for humiliating her father's position, since people will say, "Cursed is this man who gave birth to such a daughter." (Rashi; Sifra)

Since the girl comes from a family where her father serves G-d, the law is that she be killed in a different manner than other women who have committed adultry.  Normally, the penalty for adultery is death by strangulation which is a more humane form of death. (Abarbanel)

21:10 Vehakohen hagadol me'echav asher-yutzak al-rosho shemen hamishchah umile et-yado lilbosh et-habegadim et-rosho lo yifra uvgadav lo yifromThe Kohen who is greatest among his brethren upon whose head was poured the anointing oil; whose hands were consecrated to put on the special garments; shall not let his hair grow wild and he shall not tear his garments.
Here the Torah is speaking about the Kohen Gadol whose head is anointed with the special oil and who was inaugurated by wearing the eight vestments of the Kohen Gadol (Parashat Tetzaveh).  In some respects, different laws apply to him than to other Kohanim.

The law is that no Kohen may enter the sanctuary area of the Temple (farther in than the altar) if his hair is grown.  A Kohen's hair is considered "grown" if he has gone thirty days without a haircut.  He's also forbidden to go in if any of his vestments are torn as a garment is torn for the dead.

If a Kohen enters the Mishkan during the time of the service, and he is fit for service but has not had a proper haircut, or his vestments are torn, he incurs the penalty of flogging.  If he performs the Divine Service while in such a state he is deserving of death. (Yad, Biyat HaMikdash 1)

This, however, is only true of ordinary common Kohanim.  The Kohen Gadol may not let thirty days go without a haircut in any case.  He is also forbidden to rend his garments for the dead. (Ibid.; Yad, Klei HaMikdash 5)

This is because the Kohen Gadol had to be in the Holy Temple at all times.  He actually had a special chamber where he lived.  It is proper for the Kohen Gadol to be in the Temple at all times except at night when he would go home, or for one or two hourse during the day.  Moreover, the Kohen Gadol had to live in Yerushalayim.  Since he lived in Yerushalayim he could not go more than thirty days without a haircut.

Normally, the Kohen Gadol would have his hair cut every Friday afternoon.

The Kohen Gadol's haircut was made in a special, beautiful manner. (Nedarim, p. 51)  It was done so that the tip of one hair would touch the root of the hair next to it.  Each hair was cut to exactly the same length.

The Talmud tells that Elasha, the son-in-law of Rabbi Yehudah HaNasi, who was extremely wealthy, spent all his money trying to learn how to get a haircut like the Kohen Gadol's. (Rad ad loc.  Commentary of Rosh ad loc.)

21:11 Ve'al kol-nafshot met lo yavo le'aviv ule'imo lo yitama
And adjacent to any dead body he shall not enter.  For his father and mother he shall not become [ritually] impure.
12 Umin-hamikdash lo yetze velo yechalel et mikdash Elokav ki nezer shemen mishchat Elokav alav ani HASHEM
He shall not depart from the Sanctuary and he shall not profane his G-d's Sanctuary, for the crown of his G-d's anointing oil is upon him, I am HASHEM.
Among the additional prohibitions incumbent upon a Kohen Gadol is that he not defile himself for any dead person, even for his father and mother.  Although a common Kohen may defile himself for close relatives, the Kohen Gadol may not.  The only case in which a Kohen Gadol may defile himself is if he comes across a met mitzvah, as discussed earlier.

21:13 Vehu ishah vivetuleiha yikach
He shall marry [only] a virgin.
14 Almanah ugrushah vachalalah zonah et-eleh lo yikach ki im-betulah me'amav yikach ishah
A widow, divorcee, profaned woman or harlot; he may not marry [any] of these. But only a virgin from his own people may he marry.
15 Velo-yechalel zar'o be'amav ki ani HASHEM mekadesho
He shall not profane his offspring among his people, for I am HASHEM, who makes him holy."
Besides the three women mentioned earlier, the immoral woman, the divorcee and the chalalah, who are forbidden to the common Kohen, the Kohen Gadol is also forbidden to marry a widow.  If a Kohen Gadol has intercourse with a widow he incurs a double penalty of flogging.

A Kohen Gadol may only marry a virgin.

The Kohen Gadol must be greater and better than the other Kohanim in five respects:
  1. stature
  2. strength
  3. wealth
  4. intelligence
  5. appearance
All of these are qualities that a leader of Yisrael should have.  

The Kohen Gadol should be tall so that he can draw people to him.  They will listen to his advice and his admonishment.  We thus find that King Sha'ul is praised as it is written, "He was head and shoulders taller than all the people" (1Shmu'el 9:2)

It is also fitting that the Kohen Gadol be wealthy.  If he is wealthy, he does not have to depend on anyone else and has no fear of them.  People will then listen to his corrections.  However, if he depends on others for  his support, people will not listen to him just as we see today.  If a Torah scholar needs help from others, people who are not G-d-fearing do not listen to him and are disrespectful.

A leader must also have physical strength so he can lead and judge people.  The Kohen Gadol would also have to be physically strong to bring the sacrifices.  We thus find that Aharon physically lifted up all the Levi'im one by one with his two hands.  He lifted them up and waved them in all four directions just as we wave a lulav.  This was done at G-d's command (Parashat BeHa'alotecha - BaMidbar 8:11).  One can imagine how strong Aharon must have been to wave twenty-two thousand men in single day.

The Kohen Gadol also would have to be intelligent so that he could lead the people.

He would also have to have charisma so that people would want to listen to him.

Regarding all this the Torah speaks of the Kohen Gadol as "the great Kohen among his brothers."  He must be greater than his fellow Kohanim in every positive quality.

If the Kohen Gadol has four of the qualities but does not have wealth  the other Kohanim must make him wealthy, each one giving a certain amount according to his ability so that the Kohen Gadol will be wealthier than the others.  The Torah literally speaks of him as "the great Kohen from his brothers."  This means that if he does not have the fifth quality, wealth, his greatness, which his his wealth, must come from his brothers.

It is told that Pinchas, the stonecutter, was once chosen by lot to be Kohen Gadol.  He was very poor and people saw him cutting stones on the mountain to earn a living.  The Kohanim filled up a huge basket of golden coins and made him wealthy. (Tanchuma; Sifra; Yalkut Shimoni; Korban Aaron)

21:16 Vayedaber HASHEM el-Moshe lemor
HASHEM spoke to Moshe, saying,
17 Daber el-Aharon lemor ish mizar'acha ledorotam asher yihyeh vo mum lo yikrav lehakriv lechem Elokav
"Speak to Aharon saying, Anyone of your offspring, through [all] their generations who will have a blemish, shall not approach to offer the bread of his G-d.
The Torah here tells the Kohen that any one of them who has any the designated blemishes is not fit to the enter the Temple to bring a sacrifice or to perform any other service.  Since he is blemished, it is not proper that he should bring an offering to G-d.

21:18 Ki chol-ish asher-bo mum lo yikrav ish iver o fise'ach o charum o sarua
For any man who has a blemish shall not approach; a blind man or a lame man, or a man with a sunken nose, or a man who has disproportionate limbs,
 The Torah enumerates the blemishes that render a Kohen invalid to do service, including blindness or any lameness.

Another deformity is a "misshapen nose" (charum).  Specifically, this is a blemish where the bride of one's nose is very depressed.  In fact, if he were to stroke eye shadow on the lids, he would be able to pass the applicator across from one to the other, without the bride of the nose intervening.

The Torah also specifies a Kohen with a misshapen limb (saru'a).  This specifically refers to a person who has an enlarged limb.  This includes a person who has one ear larger than the other or one leg larger than the other.

21:19 O ish asher-yihyeh vo shever ragel o shever yad
or a man who has broken [crippled] foot, or a broken [crippled] hand,
20 O-giben o-dak o tevalul be'eino o garav o yalefet o mero'ach ashech
or one with overhanging eyebrows, or with a cataract, or a disarrangement [in the eye], or one with scurf or scabs, or one with crushed testicles.
The Torah specifies anyone who has a broken arm or leg, as well as a hunchback (gibben).  Some say this denotes someone who has very long eyelashes; they are so long that they fall on his face.

In Hebrew a "dwarf" is a "dak."  Some say this denotes one who has a membrane of film over the eye.

The Torah then speaks of one who has a blemish known as a tevalul in his eye. This specifically denotes a streak of white entering into the iris of the eye.

Eczema in Hebrew is "garav."  This is a dry skin infection, in general.

Also mentioned is a ringworm (yalefet).  This is a running skin infection.

Finally, the Torah designates one who has a hernia (meroach ashech).  This can also denote crushed testicles.

If a person has any of these blemishes or other blemishes that come under the above categories, he is unfit for Divine Service.  Nevertheless, as the Torah continues, he may eat of the sacrifices.

21:21 Kol-ish asher-bo mum mizera Aharon hakohen lo yigash lehakriv et-ishei HASHEM mum bo et lechem Elokav lo yigash lehakriv
Any man who has a blemish, who is a descendant of Aharon the Kohen, shall not approach to offer the fire-offerings of HASHEM.  He has a blemish; the bread of his G-d he may not approach to offer.
22 Lechem Elokav mikodeshei hakodashim umin-hakodashim yochel
The bread of his G-d which is the most holy, and from the holy [offerings] he may eat.
23 Ach el-haparochet lo yavo ve'el-hamizbe'ach lo yigash ki-mum bo velo yechalel et-mikdashai ki ani HASHEM mekadesham
However, he may not enter beyond the Curtain and he shall not approach the Altar for he has a blemish and he shall not profane My holy things, for I am HASHEM, Who sanctifies them."
24 Vayedaber Moshe el-Aharon ve'el-banav ve'el-kol-benei Yisra'el
Moshe spoke [these words] to Aharon, and to his sons and to all of the Children of Yisrael.
Even if a Kohen is blemished he may eat any sacrifices, including those considered "holy of holies" (kadshei ha-kadashim) or those of lesser sanctity (kadashim kalim).

Nevertheless, it is forbidden for a blemished priest to go farther into the sanctuary than the Altar.  If he even walks in that far he incurs the penalty of flogging. (Yad, Biyat HaMikdash 10)

22:1 Vayedaber HASHEM el-Moshe lemor
HASHEM spoke to Moshe, saying,
2 Daber el-Aharon ve'el-banav veyinazeru mikodeshei venei-Yisra'el velo yechalelu et-shem kodeshi asher hem makdishim li ani HASHEM
"Speak to Aharon and to his sons and let them keep away from the holy offerings of the Children of Yisrael and they shall not profane My holy name which they sanctify for Me, I am HASHEM.
3 Emor alehem ledoroteichem kol-ish asher-yikrav mikol-zar'achem el-hakodashim asher yakdishu venei-Yisra'el l'HASHEM vetum'ato alav venichretah hanefesh hahi milfanai ani HASHEM
Say to them, Throughout your generations, any person of your offspring who will draw near to the holy things which the Children of Yisrael will sanctify to HASHEM [while] his impurity is on him that soul shall be cut off from My Presence, I am HASHEM.
Here the Torah warns the Kohanim that they should be extremely careful regarding the sacred offerings brought by the Benei Yisrael.  They must be very careful not to eat any sacrifices while ritually unclean.  They must similarly be careful not to eat the agricultural terumah offering while unclean.  If they do so, they incur a penalty of death by the Hand of G-d.

22:4 Ish ish mizera Aharon vehu tzarua o zav bakodashim lo yochal ad asher yithar vehanogea bechol-tme-nefesh o ish asher tetze mimenu shichvat-zara
Any man of Aharon's offspring, who has tzara'at or an impure flow, may not eat of the sacred things until he has purified himself.  [The same is true] of anyone who touches anything defiled by the dead, or anyone who has had a seminal emission,
5 O-ish asher yiga bechol-sheretz asher yitma-lo o ve'adam asher yitma-lo lechol tum'ato
or anyone who touches any creeping creature that causes impurity to him, or any person which causes impurity to him, [with] whatever impurity he has.
Here the Torah specifies the types of ritual uncleanliness that render a Kohen unfit to eat the terumah offering.  If any Kohen has a leprous mark (13:1-44) or a male discharge (15:1-15) he may not eat the terumah offering until he has purified himself. (Yad, Terumot 7)

Similary, if  Kohen touches another person who is defiled by the dead, he may not eat the terumah offering.  If a Kohen has a seminal emission, whether through intercourse or otherwise, he is likewise unclean (15:16-18). The same is true if he touches an unclean small animal (sheretz) which renders him unclean (11:29, 30).  In all these cases he may not eat the terumah offering until he has purified himself in the manner discussed below. (Rashi)

22: 6 Nefesh asher tiga-bo vetam'ah ad-ha'arev velo yochal min-hakodashim ki im-rachatz besaro bamayim
Anyone touching [that person] will be impure until the evening.  He shall not eat of the holy things unless he has washed his body in water.
7 Uva hashemesh vetaher ve'achar yochal min-hakodashim ki lachmo hu
When the sun sets, he is pure, and afterwards, he may eat of the holy things, for it is his bread.
The Torah now tells us that if a Kohen has come in contact with anything unclean, he must purify himself by immersing in a mikvah.  Even then, however, he may not eat his terumah offering until sunset.  At sunset he becomes ritually pure insofar as he may then eat his terumah offering.

22:8 Nevelah utrefah lo yochal letome'ah-vah ani HASHEM
An animal which has died on its own, or an animal that was fatally maimed, he must not eat to defile himself with it, I am HASHEM.
Just like any other person, a Kohen may not eat a nevelah, which is a creature that died on its own or which has otherwise not been properly slaughtered ritually.  He may also not eat an animal which as a fatal lesion (terefah).

He must also avoid eating a kosher bird which has not been ritually slaughtered.  This renders one unclean (17:15). (Yad, Terumot 6; Sifra)

22:9 Veshameru et-mishmarti velo-yis'u alav chet umetu vo ki yechaleluhu ani HASHEM mekadesham
They shall keep My charge lest they bear [the burden] of sin and die because of it for having profaned [it].  I am HASHEM Who makes them holy.
The Torah now teaches that the penalty for eating terumah while unclean is death by the Hands of G-d.

22:10 Vechol-zar lo-yochal kodesh toshav kohen vesachir lo-yochal kodesh
No stranger [non-Kohen] may eat holy things.  One indentured to a Kohen and one hired [by a Kohen] may not eat sacred-offerings.
Here the Torah teaches us that no person who is not a Kohen may eat the terumah (Terumah is the special agricultural offering that is given to the Kohanim).

As far terumah is concerned, even a Levi is considered unauthorized and may not eat of it.

If a non-Kohen inadvertently eats terumah, he must pay its value plus an additional 20 percent (22:14).  If he does so purposely, he incurs the penalty of death by the Hand of G-d as well as the penalty of flogging by the courts (22:16).

22:12 Uvat-kohen ki tihyeh le'ish zar hi bitrumat hakodashim lo tochel
When a Kohen's daughter marries a non-Kohen, the sacred terumah portions may not be eaten by her.
13 Uvat-kohen ki tihyeh almanah ugrushah vezera ein lah veshavah el-beit aviha kine'ureiha milechem aviha tochel vechol-zar lo-yochal bo
If a Kohen's daughter is either widowed or divorced, and she has no children, and she returns to her father's home as in her youth, she may eat of her father's bread.  No non-Kohen may eat of it.
Here the Torah tells us that a Kohen's daughter who marries a non-Kohen, that is, a Levi or common Yisraeli, may not longer eat anything taken from the sacrifices.  Thus, she may not eat the chest or leg taken from peace offerings and given to the Kohanim (7:34).   The Torah specifically states that a Kohen's daughter who has married a Levi or common Yisraeli may not eat this.

Even if her husband dies or divorces her she may not eat these portions for the rest of her life.

Furthermore, a Kohen's daughter may not eat terumah as long as she is married to her husband.  If she has offspring she may not eat terumah as long as her offspring are alive.  However, if she has no offspring, or they died, she may then return to her father's house and eat terumah.

If a Kohen's daughter marries someone who is forbidden to her, she becomes a chalalah and she may not longer eat terumah as long as she lives.  If she eats terumah she incurs the penalty of death by the Hand of G-d and she is also flogged.



22:17 Vayedaber HASHEM el-Moshe lemor
HASHEM spoke to Moshe, saying,
18 Daber el-Aharon ve'el-banav ve'el kol-benei Yisra'el ve'amarta alehem ish ish mibeit Yisra'el umin-hager beYisra'el asher yakriv korbano lechol-nidreihem ulechol-nidvotam asher-yakrivu l'HASHEM le'olah
"Speak to Aharon and to his sons and to all of the Children of Yisrael and say to them, Any man of the House of Yisrael, and from the proselytes of Yisrael who will bring his offering for any of their vows or for any of their free-will offerings that they will bring to HASHEM, for a burnt-offering.
19 Liretzonchem tamim zachar babakar baksavim uva'izim
To gain acceptance [it must be] an unblemished male of cattle, sheep or goats.
20 Kol asher-bo mum lo takrivu ki-lo leratzon yihyeh lachem
Anything that has a blemish on it you shall not bring, for it will not be accepted favorably for you.
21 Ve'ish ki-yakriv zevach-shlamim l'HASHEM lefale-neder o lindavah babakar o vatzon tamim yihyeh leratzon kol-mum lo yihyeh-bo
If a man will bring a peace-offering to HASHEM, to fulfill an articulated vow or free-will offering of cattle or of sheep, it shall be unblemished, that it be favorably accepted.  No blemish shall be in it.
 Here the Torah is speaking of any of the sacrifices which have been discussed earlier in Parashat VaYikra, whether the sacrifices is taken from cattle or smaller animals.  In any case the animal must be perfect without any blemish on it.

22:22 Averet o shavur o-charutz o-yabelet o garav o yalefet lo-takrivu eleh l'HASHEM ve'isheh lo-titnu mehem al-hamizbe'ach l'HASHEM
A blind, broken-limbed, cracked or wart[ed animal]; or [an animal] with scurf or scabs you shall not bring these to HASHEM; and as a fire-offering you shall not place of them on the Altar of HASHEM.
The Torah forbids a blind animal.  Similarly, the Torah prohibits an animal that is "broken-limbed" (shavur).  This is an animal that has any limb that is broken. (Sifra; Rashi)

The Torah also forbids an animal that is gashed (charutz).  This specifically denotes an animal which has a split or damaged eyelid.  The Torah also forbids an animal that has a wart (yabelet).  Also forbidden are animals with such skin infections as mange (garav) or yalefet (see 21:20).

22:23 Veshor vaseh sarua vekalut nedavah ta'aseh oto uleneder lo yeratzeh
An ox or lamb with one limb larger [or smaller] than the other or with uncleft hooves, you shall make [offer] it as a free-will offering [but] for a vow it will not be favorably accepted.
The Torah here is speaking of an animal that has an extra limb (saru'a).  Some say that this refers to an animal which has one limb larger than another.

Also mentioned here is an animal that is missing a limb (kalut).  Some say this denotes an animal which has an un-split hoof like a horse or donkey.  Although kosher animals normally have split hooves, sometimes a freak will have an un-split hoof. (Korban Aharon; Sifetei Chachamim)

If an animal has any of these blemishes it is forbidden to consecrate it as a sacrifice.  It is also forbidden to slaughter it or sprinkle its blood on the Altar.  However, it is permissible to consecrate it as a gift for the sanctuary's upkeep (bedek ha-bayit).  This means that the value of the animal is consecrated to the sanctuary. The animal is then sold and an unblemished animals can be bought and sacrificed on the Altar.

The Torah therefore says, "It can be offered as a gift.  But it shall not be acceptable as a pledge."  This means that its value may be consecrated but it may not be offered as a sacrifice. (Sifra; Rashi)

22:24 Uma'uch vechatut venatuk vecharut lo takrivu l'HASHEM uve'artzechem lo ta'asu
[An animal that has its testicles] crushed, mangled, torn or cut off you shall not bring to HASHEM and in your land you shall not inflict these injuries.
The Torah speaks of two prohibitions here.  First, the Torah says that an animal whose testicles have been damaged may not be offered as a sacrifice.  This refers to an animal whose testicles have been crushed, whether by hand or with an instrument.  It also includes an animal whose testicles have been pulled loose while still in their sac or have been severed.

The Torah also teaches that it is forbidden to castrate any creature.  It is forbidden to castrate a human being, a mammal, or a bird.  The Torah therefore says, "This is something that you must never do no matter where you live."  This teaches that one may not castrate or sterilize any animal.

22:25 Umiyad ben-nechar lo takrivu et-lechem Elokeichem mikol-eleh ki moshchatam bahem mum bam lo yeratzu lachem
And from a stranger's [gentile's] hand you shall not bring [offer] the bread of your G-d from any of these for they have inflicted wounds in them; they will not be favorably accepted for you."
In general, if a gentile wishes to bring a sacrifice to the Altar it is accepted.  However, if the gentile brings an animal with any of the above mentioned blemishes on it, it may not be sacrificed.  If a gentile wishes to preset an offering to G-d or any Altar (bamah) that he builds, he may offer any animal even if it has blemish.  The only time he may not offer in animal as if it is missing a limb.

However, if a gentile wants to bring a sacrifice to the Holy Temple, the animal must be unblemished.  It must fulfill the same criteria of the physical perfection as an animal offered by an Yisraeli.

22:26 Vayedaber HASHEM el-Moshe lemor
HASHEM spoke to Moshe, saying,
27 Shor o-chesev o-ez ki yivaled vehayah shiv'at yamim tachat imo umiyom hashmini vahal'ah yeratzeh lekorban isheh l'HASHEM
"An ox, lamb or goat, when it is born, shall be with its mother for seven days.  From the eighth day and thereafter it may be favorably accepted as a sacrifice as a fire-offering to HASHEM.
This portion is read in the synagogue on the first day of Sukkot.  This is because it mentions the commandments of the sukkah and lulav (23:40, 42).

Another reason is that we learn an important lesson from this.  The Torah says, "If an ox, sheep, or goat is born..." this is somewhat difficult to understand.  When an ox is born, it is not called an ox (shor), but a calf (egel).  It is only called an ox (shor), when it grows up.  Why does the Torah say, "An ox, sheep, or goat, when they are born"? The Torah should have said, "When a calf... is born."

However, the Torah teaches us that all creatures essentially reach perfection when they are born.  Once they are born they cannot hope to reach any higher status.  An animal remains the same from the day it is born until it dies.

This is not true of a human being.  When he is born he is nothing.  Every day he can reach a higher status and greatness.  He can also grow spiritually through the observance of commandments and good deeds.

We therefore read this portion on the first day of Sukkot, which is the first day that we must think about our sins.  When Yom Kippur is over, all our sins are atoned for.  Now our hearts must be aroused to do good deeds and keep the commandments and gain further spiritual status.  We should not be like animals who are no different when they die than when they are born. (Chemdat Yamim, p. 265)

23:7 Bayom harishon mikra-kodesh yihyeh lachem kol-melechet avodah lo ta'asu
On the first day [there] shall be a day of holy assembly for you; you shall not do any work of labor.
8 Vehikravtem isheh l'HASHEM shiv'at yamim bayom hashvi'i mikra-kodesh kol-melechet avodah lo ta'asu
You shall bring a fire-offering to HASHEM [on each of] seven days.  On the seventh day it is [a day] of holy assembly; you shall not do any work of labor."
On the Shabbat the Torah forbids all types of work.  On festivals, however, the Torah only forbids "mundane work" or "servile work," (melechet avodah).

The Torah is saying that even if one will suffer great monetary loss he still may not work on the festivals.

However, earlier the Torah said, "You may not do any work on these days except what is to be eaten by every individual; that alone you may do" (Shemot 12:16).  The Torah speaks of "mundane work" excluding work that is necessary to prepare food for the festival.  This is not considered "mundane work." (Rashi)


Work on Festivals

All work forbidden on the Shabbat is also forbidden on Yom Tov with the exception of work necessary to prepare food.

However, these are the types of work that our sages forbade even through they are necessary to prepare food.  These include harvesting, grinding, harvesting grapes, pressing grapes, and trapping.

These categories are as follows:
  1. Harvesting (ketzirah).  This includes the cutting of any grain or other crops.
  2. Grinding (techinah).  This includes all grinding and milling of grain.
  3. Plucking (betzirah).  This includes plucking grapes or any grapes.
  4. Squeezing (sechitah).  This includes pressing bunches of grapes.
  5. Trapping (tzedah).  This includes capturing any fish or birds.
All these types of work are forbidden on Yom Tov. (Orach Chayim 495)

Any work that a Jew is forbidden to do, he may not request of a Karaite (who does not maintain that such categories of work are forbidden).  If one asks a Karaite (or any other non-religious Jew) to do such work, he is in violation of the commandment  "Do not place a stumbling block before the blind" (19:14). (Kenesset  HaGedolah, notes on Tur, ibid.)


The Permissible Area

On the Shabbat or a festival it is forbidden to walk more than two thousand cubits (about 3,000 - 4,000 feet) outside of a city or other populated area.  The area in which it is permitted to walk is known as the "permitted area," (techum).


Slaughtering

As mentioned earlier, anything which is not necessary for holiday food may not be done. Therefore, if one slaughters an animal to eat it on Yom Tov he should not examine it to see if it is kosher or teferah until he has skinned it  If he examines it before skinning it and finds it is terefah, he is forbidden to skin it since it is no longer fit for food. (Orach Chayim 497)

If a person wishes to slaughter on Yom Tov he may do so.  However, he must sharpen the knife before Yom Tov and examine it to make sure it has no nick.  On Yom Tov he is forbidden to examine the knife. (Orach Chayim 498 in Hagah)

Therefore it is good for every slaughterer (shochet) to prepare two or three knives before Yom Tov, to sharpen them and examine them. If one gets ruined he can then use others.  This is the custom today. (Sheyarei Kenesset HaGedolah ibid.)

It is forbidden to slaughter any animal on Yom Tov unless one must eat it that day.  Thus, it is forbidden to slaughter an animal on the first day of Yom Tov for that night or for the second day of Yom Tov.  it is obviously forbidden to slaughter on Yom Tov for weekday needs.


Fire

It is permissible to kindle one fire from another on Yom Kippur.  However, it is forbidden to make a new fire on Yom Tov. (Orach Chayim 502)   One may not make a new fire with flint, burning glass or anything else.

It is even forbidden to make a new fire if one needs it to prepare food for the festival, because it was possible to make the fire the day before Yom Tov in such a manner that it would not be extinguished.  Fire can be covered with a vessel or surrounded by earth so it will burn until the next day.


Pirkei Avot

It is an ancient custom to study Pirkei Avot, and the book of Mishlei (Proverbs) during the days of the Omer.  These books contain many teachings that move a person's heart repentance during these days.  One purifies himself of sin just as the Benei Yisrael were purified of idolatry during the fifty days between the Exodus from Egypt and the receiving of the Torah on Shavu'ot.

These days are also holy days, just like Elul, the month before the High Holy Days. It is a period of judgment, during which the students of famed Rabbi Akiva died.  A person must tremble with awe during these days, just as he does on Rosh HaShanah.  It is a time when a person should be contrite.  When he studies an ethical work such as Pirkei Avot during this period it will have a greater effect on him. 

There is also another reason why we study Pirkei Avot during the days of the omer.  These are the days of spring, when a person is tempted to neglect his studies and go strolling in the gardens and fields.  With the weather only too conducive to such pastimes, and with the trees beginning to blossom, it is very easy for a person to yield to this temptation.

It is for this reason we study Pirkei Avot.  Such study prevents a person from succumbing to his desires and motivates him to keep the commandments and do good deeds so that he will have a place in Olam HaBah (the World to Come).   He will not lose this eternal good by pursuing the vices of this world, which are only passing fancies of which nothing is left in the end.

We also study Pirkei Avot during these weeks in spring because it is a time when people begin to look after the health of their bodies.  Just as a person must be concerned with the health of his body, so must he be concerned with the health of his soul.  The medicine for the soul consists of good deeds and the observance of the commandments; this keeps it healthy for its function in Olam HaBah.  G-d created many remedies in the world and all of them are alluded to in the Torah.  G-d thus told Moshe, "If you obey the Voice of HaShem your G-d, behave uprightly in His Eyes, head His commandments and keep all His decrees, then all the diseases that I have placed in Egypt I will not place among you, for I am G-d your Healer" (Shemot 15:26).

G-d taught Moshe the curative powers of every herb and root and how each one can be used to heal specific diseases.  But then G-d said, "Although I have taught you the curative powers of all the herbs, do not consider this an important teaching.  The main thing is the Torah and everything outlined in it. If you obey the Torah and keep G-d's commandments, you will have no need for remedies and cures.  Since I, Myself, will then be your Physician, you will not suffer any of the diseases you had in Egypt.


Counting the Omer

One the second night of the Pesach, 16 Nissan, after the evening service, we begin to count the Omer. (Orach Chayim 489)

One must count the Omer after stars become visible (tzet ha-kochavim).  If one makes a mistake on a cloudy day and counts too early, he must repeat the count when it is actually dark.

If one forgets and does not count at the beginning of the night, he may count the Omer anytime during that night.

If one forgets and did not count that night at all, he may count during the day without reciting a blessing.  On ensuing nights, he may then count with a blessing since he counted that day.

However, if one forgets both by night and by day, he may no longer count with a blessing.  On subsequent nights, therefore, he must count without a blessing. (Orach Chayim 489:6)

It is a commandment for each individual to count.  

When one counts the Omer he must stand.  A mnemonic for this is the verse, "The counsel of G-d is what shall stand (Tehillim 33:11).  The Hebrew word for "counsel of" is atzat.  However, ATzaT can be seen as an abbreviation for Amer, Tzitzit, Tekiot.  This refers to the counting of the Omer, putting on one's tallit with tzitzit and sounding the shofar, indicating that these three precepts must be done while standing.

However, if one has already counted the Omer while sitting, he has fulfilled his obligation.

Before counting the Omer, one recites the blessing:
Blessed are You, O HaShem our G-d, King of the Universe, Who sanctified us with His commandments and commanded us regarding counting the Omer.
One must count both days and weeks.  

The Sefardic custom is to say la-omer.  However, the Ashkenazic custom is to say ba-omer.

After counting each night, one says:
The Compassionate One!  May He return for us the service of the Temple to its place, speedily in our days, Amein, Selah!
 After that one then recites the sixty-seventh Psalm:
For the Conductor, upon Neginot, a psalm, a song.  May G-d favor us and bless us, may He illuminate His countenance with us, Selah.  To make known Your way on earth, among all the nations Your salvation.  The peoples will acknowledge You, O G-d, the peoples will acknowledge You, all of them.  Nations will be glad and sing for joy, because You will judge the peoples fairly and gide the nations on earth, Selah.  Then peoples will acknowledge You, O G-d, the peoples will acknowledge You, all of them.  The earth has yielded its produce, may G-d, our own G-d, bless us.  May G-d bless us and may all the ends of the earth fear Him.
This Psalm is usually placed in the form of a Menorah and recited.

The sacred texts say that whoever recites this pslam in the form of a Menorah on all the days of the Omer, as well as after the priestly blessing, which the Kohen says in the morning, will not experience any harm during that year.  He will also have great success in all his deeds.

King David wrote this psalm on his shield and used it when he went out to war.  With it he would defeat his foes.

If a person does not understand Hebrew, he may count the omer in any language he understands.  If he does not understand Hebrew at all, he should not count the Omer in Hebrew.  If he does count it in Hebrew, he has not fulfilled his obligation because he does not understand what he is saying. (Magen Avraham; Orach Chayim; Ibid.)

23:17 Mimoshvoteichem tavi'u lechem tnufah shtayim shnei esronim solet tihyeinah chametz te'afeinah bikurim l'HASHEM
From the land of your dwelling places you shall bring two bread wave-offerings, of two tenths of flour they shall be.  You shall bake them leavened, as first fruit-offering to HASHEM.
 The Torah say that these loaves should be made of fine meal, "solet" in Hebrew.  This indicates that they must be sifted with twelve sieves.

This meal is made into loaves of bread, each loaf consisting of one-tenth efah of wheat (two quarts), which is the amount of dough that requires a separation of challah (Disccused in Parashat BeShalach).  These are the "two loaves" which are offered on Shavuot.

23:18 Vehikravtem al-halechem shiv'at kvasim tmimim bnei shanah ufar ben-bakar echad ve'eilim shnayim yihyu olah l'HASHEM uminchatam veniskeihem isheh re'ach-nichoach l'HASHEM
You shall bring, along with the bread, seven unblemished yearling lambs, one young bullock and two rams; they shall be a burnt-offering to HASHEM with their meal-offerings and wine-offerings, a fire-offering of pleasing fragrance to HASHEM.
19 Va'asitem se'ir-izim echad lechatat ushnei chvasim benei shanah lezevach shlamim
You shall prepare one he-goat as a sin-offering and two yearling lambs as peace-offerings.
20 Vehenif hakohen otam al lechem habikurim tnufah lifnei HASHEM al-shnei kevasim kodesh yihyu l'HASHEM lakohen
The Kohen shall wave them along with the bread of the first fruit-offering as a wave-offering before HASHEM with the two lambs; they shall be holy for HASHEM, for the Kohen.
The sheep are waved while they are still alive.  Then they are slaughtered and skinned, and the Kohen takes the chest of each sheep and places it on the two breads.  He places two hands under it and waves it again.  In previous sections, this waving "tenufah" performed is discussed.

The Kohen would then burn the prescribed parts of the sheep.  The rest of the meat was eaten by the Kohanim.

24:5 Velakachta solet ve'afita otah shteim esreh chalot shnei esronim yihyeh hachalah ha'echat
You shall take fine flour and bake twelve loaves, each individual loaf shall be two tenths [of an efah].
6 Vesamta otam shtayim ma'arachot shesh hama'arachet al hashulchan hatahor lifnei HASHEM
You shall place them in two sacks, six in each stack on the pure Table, before Hashem.
7 Venatata al-hama'arechet levonah zakah vehayetah lalechem le'azkarah isheh l'HASHEM
You shall put pure frankincense on [each] stack and it shall be as a memorial portion for the bread, as a fire-offering to HASHEM.
8 Beyom haShabbat beyom haShabbat ya'archenu lifnei HASHEM tamid me'et benei-Yisra'el berit olam
On each and every Shabbat he shall arrange them before HASHEM, continually, from the Children of Yisrael as an eternal covenant.
9 Vehayetah le-Aharon ulevanav va'achaluhu bemakom kadosh ki kodesh kodashim hu lo me'ishei HASHEM chok-olam
It shall belong to Aharon and to his sons and they shall eat it in a sacred place, for it is most holy for him from among the fire-offerings of HASHEM, as an everlasting statute.
The Torah here is speaking about the showbread, lechem ha-panim in Hebrew.

The Showbread was made in the following manner:

The Kohen would take 24 seah (about 50 gallons) of wheat fit for minchah offerings.  Each seah was 6 okiot (around 2 quarts).  They would beat this wheat and rub it to remove the husks and then they would grind it and sieve it with eleven sieves.  This would produce 24 tenths of an efah of fine meal.  This is the amount of dough from which the challah offering must be separated.  It is around 520 drams.

Out of these 24 tenths of an efah of meal they would make 12 loaves, each one containing two-tenths of an efah.

Each loaf was 10 handbreadths (30-40 inches) long and 5 handbreadths (15-20 inches) wide.  It was 7 fingers (5 1/4 inches) high.

Each loaf was made like an open box, with two portions covering it, as on windows.  After they kneaded the dough, they would make the bread like a box, half covered on one side and half covered the other side.  They would take the two parts and join them together on top.  The challah would look as if it had a face on all sides.  Therefore, it was called lechem haPanim, which literally means bread of the face.  This is because it appeared to have two faces, one to the right and one to the left.

In order to make this bread, they needed two vessels, one made out of iron and one made out of gold.  These were molds having the same shape as the bread.  They would place the bread in the iron forms while it was still dough.  Then each of the twelve loaves would be placed in the oven in its own vessel.  When the loaves were removed from the oven they would place each one in a mold made out of pure gold, also having the shape of the bread.  The Torah refers to these vessels as ke'arot.  This indicates that they would support (kaar) the bread.  The loaves would be left in these molds until the Shabbat.  This was because the loaves were left on the table from Shabbat to Shabbat, as it is written "On the Shabbat day they shall be arranged before G-d." (24:8).

G-d commanded that these twelve loaves be arranged into stacks, with the six loaves in one stack to the north of the table, and other six to the south.  Upon each of these stacks, frankincense (levonah) was placed to be scooped up.

Each Shabbat the bread was removed and given to the Kohanim.  They would take the frankincense and burn it in the Temple.  This pleasing fragrance is a sign that G-d loves the Benei Yisrael when they behave properly and do His Will.  This presents a "pleasing fragrance" to G-d.

On the table there were two dishes, each one holding a handful of frankincense.

There were hollow, golden half tubes with were placed  between the loaves so that they would not become spoiled, since one loaf was placed on another.

There were 28 golden half tubes, 14 for one stack and 14 for the other stack.

A miracle occurred that when the breads were removed they were just as warm as when they were put in place.

It took eight Kohanim to remove the showbread and to arrange the new.  Four Kohanim would walk ahead and stand prepared by the table on the southern side facing the north.  Then another four Kohanim would come, two of them holding the 12 breads, each one carrying six.  The other Kohanim would carry the four trays  holding frankincense and each one would have two spoons.  These Kohanim would stand to the north of the table facing south.

While all eight Kohanim were standing by the table, they would all try to stretch out their hands on the table at once.  The first four Kohanim would stretch out their hands to remove the bread of the previous week, and before they lifted their hands the other four would put down the new bread.  Thus, before the old bread was removed, new bread was there.

This was because G-d commanded in the Torah, "You shall place on the table, bread before Me at all times" (24:8).  Since the Torah says at all times (tamid), it teaches that bread must be constantly on the table.

G-d created the world ex nihilo.  After G-d created the world He no longer wishes to do any miracles.  Since creation, the world exists "something from something."  Therefore, G-d's blessing cannot rest on something empty.

G-d gave us this commandment so that the Divine influx would rest on the showbread.

The showbread was eaten by the Kohanim.  Each one would get a piece as big as a bean, but with the smal amount that they ate they were as satisfied as if they had eaten a complete meal.  This was because the showbread was the source of the blessing and influx that descended from on high. (Recanti; Ramban; Bachya; Toledot Yitzchak, Terumah)

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MeAm Lo'ez; Bachya; Ramban; Rashi

Parashat Shemini

Monday, April 9, 2018 · Posted in , , , , , ,

Parashat Shemini
VaYikra 9:1 - 11:47
Birkat HaChodesh
Haftarah Shemini
1Shmuel 20:18-42

[Nadav and Avihu]

Parasha Summary

Aharon and his sons offer sacrifices so that G-d will forgive the people
Nadav and Avihu, offer "alien fire" to G-d
The Kohanim are told not to drink alcohol before entering the Mishkan
Laws are given to distinguish between clean and unclean animals, birds, fish, and insects

9:1 Vayehi bayom hashemini kara Moshe leAharon ulevanav uleziknei Yisrael
And it came to pass on the eighth day [that] Moshe called to Aharon and to his sons and to the elders of Yisrael.
When G-d sent Moshe to go to Pharaoh to bring the Benei Yisrael out of Egypt, Moshe demurred and did not want to go.  G-d had to urge him for seven days at the Burning Bush.  Finally, Moshe said, "No; send whomever else You will send" (Shemot 4:13).

G-d became angry at Moshe and said to him, "There will come a time when I will punish you."

Now the time had come for Moshe to be punished.  It was now the seven days of installation.  In the previous portion, we saw that during this period Moshe functioned as Kohen Gadol.  During these seven days, Moshe offered all the sacrifices that G-d had commanded.  Moshe assumed that he would remain the Kohen Gadol.

Then the eighth day came.  This was the day when the Mishkan was to be anointed.  It was Rosh Chodesh, the first of Nissan.  G-d then said to Moshe, "Aharon and his sons will be the ones to serve as kohanim.  Aharon will be the Kohen Gadol.  You will remain on the outside; you have no portion in the kehunah (priesthood).

The Torah here literally says, "It was on the eighth day."  This appears to be redundant.  We know that the installation took seven days and no more, and that on the day after it, which was 1 Nissan, the Mishkan was anointed, and Aharon and his sons were installed as kohanim.

The Torah should not have called this the "eighth day" unless all eight days involved the same concept.  In stead, the Torah should have said, "It was the next day," or, "It was the first day of the first month."

Furthermore, this was the day on which the Mishkan was erected and the Divine Presence rested on Yisrael.  When the Torah speaks of it as, "the eighth," it seems that it was of lesser importance than the days that had passed.

However, this can be explained according to what we said earlier.  Just as G-d had urged Moshe for seven days and He did not leave until the eighth, here, too, G-d waited seven days.  On the eighth day He informed Moshe that he would no longer be Kohen Gadol. (VaYikra Rabbah; Tanchuma; Bachya.  Cf. Yeffeh Toar ad loc.)

Still, one might raise an objection here.  This day has never been mentioned before.  Why is it referred to as "the eighth day" with the definite article? (Ibid.)

This indicates that this day was adorned with ten crowns.  The Torah speaks of it as "the eighth day" to indicate its importance and status.

Its ten crowns were as follows (Shabbat, Chapter 9; Rashi; Sifra; Mizrachi):

  1. It was the first day of creation.  The eighth day of installment occurred on a Sunday, the first day of creation. (This teaches that there is a link between the final day of the Mishkan's Inauguration and the first day of the Creation of the world. From the beginning of Creation until the Shechinah descended to the Mishkan, the universe lacked spiritual perfection. On this day, the aim and purpose of Creation was realized.
  2. It was the first day of the princes.  It was on this day that the tribal leaders began to bring their sacrifices to the Mishkan (BaMidbar 7:10).
  3. It was the first day for the kehunah (priesthood).  On this day Aharon and his sons began to serve as kohanim.  Until this time, the priestly service was performed by the first-born sons.
  4. It was the first day for Divine service.  On this day the Benei Yisrael began to bring communal offerings, such as the tamid offering and the like.
  5. It was the first day of the descent of fire.  This was the first time that fire descended from heaven on the Altar to burn the sacrifices.
  6. This was the first day that the Benei Yisrael were commanded not to eat sacred offerings anywhere they wanted but only within the boundaries of the Mishkan's enclosures.  Until then they could be eaten anyplace.
  7. It was the first day for resting of the Divine Presence in the Mishkan.  This was the first day that the Divine Presence rested on Yisrael.
  8. It was the first day for a blessing to Yisrael.  This was the first day that the Benei Yisrael were blessed with the priestly blessing - Birkat Kohanim (BaMidbar 6:24-26).
  9. It was the first day for the prohibition of private altars (bamot).  From this day on it was forbidden to offer sacrifice any place other than the Mishkan's entrance.
  10. It was the first of months.  This was the day that New Moon Festivals began.  This day was the New Moon Festival (Rosh Chodesh) of Nissan, which was the first of the months of the year.
That day was honored specifically with ten events to indicate that the final Inauguration day of the Mishkan was of no lesser importance than the day on which the universe came into being. Therefore, just as the world had been created by ten Divine pronouncements, so was the consecration of the Mishkan marked by ten outstanding features.

The happiness and glory of that day would have been complete if not for the events which culminated in the tragic deaths of Nadav and Avihu and marred their joy.

On the eighth day, Moshe called Aharon, his sons, and the elders of Yisrael.  G-d told Moshe to assemble all the Benei Yisrael and to appoint Aharon as Kohen Gadol and Aharon's sons as common kohanim.  This was to be done in front of the Benei Yisrael so that they would not say that Moshe appointed Aharon and his sons on his own.

9:23 Vayavo Moshe ve'Aharon el-Ohel Mo'ed vayetze'u vayevarechu et-ha'am vayera chevod-HASHEM el-kol-ha'am
Moshe and Aharon went into the Communion Tent, and when they came out, they blessed the people. HASHEM's Glory was then revealed to all the people.
24 Vatetze esh milifnei HASHEM vatochal al-hamizbe'ach et-ha'olah ve'et-hachalavim vayar kol-ha'am vayaronu vayiplu al-pneihem
Fire came forth from HASHEM and consumed the burnt offering and the choice parts on the Altar. When the people saw this, they raised their voices in praise and threw themselves on their faces. 
Having completed their tefillot, they returned to the people and blessed them, "May the Shechinah rest upon our handiwork" (Tehillim 90:17)

Finally, the fire of the Shechinah appeared. The entire nation witnessed that a pillar of fire descended from Heaven, entered the Tent, proceeded to the Azarah, consumed the sacrifices on the Altar, and settled on the Altar. Beholding this miracle, they fell on their faces and praised Hashem.

Why had the revelation of the Shechinah not immediately succeeded Aharon's service? By withholding the Heavenly fire, the Almighty demonstrated that His Presence cannot be automatically evoked by means of sacrificial rites. Contrary to the heathen notion that some magic formula inherent in the sacrifices themselves produces the Divine Presence, the Almighty taught the Jewish People that His revelation was brought about as a result of Moshe's and Aharon's tefillot (prayers). The ability to call forth Hashem's Presence is not guaranteed by external rites but ultimately depends upon the spirit of those entering the Mishkan to serve Him.

K'lal Yisrael's happiness at the manifestation of the Divine Presence was like that of a kallah on her wedding day. Their elation was so great that the Ruach HaKodesh rested upon them, and they prophetically sang the words of Tehillim 33, "Rejoice in Hashem, O you tzaddikim..."

As they fell on their faces, a new miracle occurred. Suddenly, each one had ample room to prostate himself, although while standing they had been severely crowded.

10:1 Vayikchu venei-Aharon Nadav va'Avihu ish machtato vayitnu vahen esh vayasimu aleiha ketoret vayakrivu lifnei HASHEM esh zarah asher lo tzivah otam
Nadav and Avihu, Aharon's sons, each too his fire pan, placed fire on it, and then incense on it.  They offered it before HASHEM, [but it was] unauthorized fire which [HASHEM] had not instructed them [to offer]. 

Tragic Events in Scripture are Introduced by the Words "Vayehi" or "vayehi Biymai"

The first words of Parashat Shemini is ויהי (Vayehi - and it came to pass). The term "vayehi" - according to some of Chazal the words vayehi biymei - always foreshadows a tale of woe. It is contracted from the two Hebrew words "vay" and "haya", denoting "a woeful event came to pass." Here the term "vayehi" is used to allude to the tragic deaths of Aharon's sons, Nadav and Avihu, whose story will be related in the parsha. Rabbi Yishmael asserted that the expression "vayehi", even if not followed by "biymei", always bears an unfortunate connotation. Not all Chazal accepted this principle, but he maintained that it was true without exception.

Chazal contend, "Vayehi - And there was light. Was the Creation of light not a joyous event?"  Mankind was never given the benefit of the light created on the first day. The Almighty decided that the wicked people of coming generations were unworthy of enjoying it, and He replaced it with the much weaker sunlight which we possess nowadays. He then stored that brilliant light away for the tzaddikim in Gan Eden. (Rabbi Yishmael). The Chachamim persisted, "The word "vayehi" is used throughout the account of Creation at the end of each day." "There is good reason for it," explained Rabbi Yishmael. "The Torah reveals in this manner that the Almighty did not fashion the physical universe in a state of absolute perfection; His works need improvement before man can enjoy them. For example, grains cannot be consumed raw but must be ground and baked to become edible."

Chazal then questioned him concerning a different verse. They inquired, "Why does the Torah say concerning Yosef, 'Vayehi - And Hashem was with Yosef, and he was a successful man' (Bereishit 39:2)?"

"This verse protends tragedy. As a result of Yosef's success, his master placed total confidence in him. Observing this, Potifar's wife felt that she would be able to seduce him since his master did not ask him to render account of his actions."

Challenged further by Chazal, Rabbi Yishmael continued to prove that in every single instance in Scripture, the word "vayehi" points at some great calamity.

Finally, the Parsha illustrates this principle:

The account of the eighth day of the Mishkan's Inauguration is prefaced with the term "vayehi," portending that its joy would be succeeded by a tragic event, the deaths of Nadav and Avihu.


Examples of fearful calamities introduced by the expression "vayehi biymei": 

  • Vayehi biymei Amrafel - And it came to pass in the days of Amrafel (Bereishit 14:1) - meant to draw our attention to the fact that the great tzaddik Avraham's life was threatened.
  • Vayehi biymei - And it came to pass in the days of Achaz ben Yotam king of Yehudah that Retzin king of Aram and Pekach the son of Remalyahu king of Yisrael went up to Yerushalayim to wage war against it..." (Yeshayahu 7:1) Scripture alludes to a greater misfortune. The actual tragedy was internal, caused by the evil Jewish king Achaz himself. The idolatrous Achaz decided to drive out the Shechinah from the midst of the Jewish People by tearing them away from Torah knowledge, thus their connection with G-d would be severed. Although the wicked Achaz caused considerable damage, and much learning was forgotten, his final aim could not be realized for the Almighty proclaimed that Torah study would never be forgotten from the Jewish People (Devarim 31:21).
  • Vayehi biymei Achashvarosh - And it came to pass in the days of Achashvarosh..." (Ester 1:1). The story of Sefer Ester is introduced with the expression "vayehi biymei" since it relates the attempted genocide of the Jewish People through Haman. The expression "vayehi biymei", indicates that Haman's plan to wipe out the Jewish people spelled worldwide tragedy. Had he succeeded, the universe could not have continued to exist. However, by Hashem's special Providence, his plot was foiled.
  • Vayehi biymei - And it came to pass in the days of judging the Judges" (Rut 1:1). Although the obvious misfortune at that time was a famine in Eretz Yisrael, the passuk would not have used the term "vayehi", indicating some extreme and far-reaching tragedy, if not for the presence of a more profound misfortune. The true tragedy was, explains the Midrash (Tanchuma Shemini 13), that in those days, the people "judged their judges." The situation is explained by the below parable:
  • A delegation of ministers was sent by the emperor to collect taxes in a certain province. They arrived there and demanded the sum which was due. However, the populace not only refused to pay but even beat and finally hanged the delegates. They treated the delegates in the same manner in which they, in fact, should have been treated themselves. 
Similarly, when a Jew was sentenced to a certain punishment by a judge, he executed the punishment on the judge himself. Thus the mournful outcry, "vayehi," since everyone exclaimed, "Woe to the generation that executes judgment upon its judges!" Because the sentence deserved the guilty party was not executed on earth, the generation was Divinely punished by a famine.

At the beginning of Parashat VaYikra, it was written, "Aharon's sons shall place fire on the Altar" (1:7).  Even though fire descended from heaven, it was necessary to bring human fire as well.

Although this was the law, Nadav and Avihu had not yet heard this law from Moshe.  After placing the sacrifices on the Altar, Aharon's sons Nadav and Avihu interpreted the verse on their own, without asking Moshe.  They brought fire from their fire pans to burn incense.  They deserved to die because they had rendered a decision in the presence of their master.

The rule is that any student who renders a decision (moreh halachah) in the presence of his master is worthy of death.

This is true even if he is not actually in in the presence of his master, but closer than three leagues (approx. 9 miles).  Even in such a case, it is forbidden for a student to render a decision regarding any law. (Rashi; Eruvin, Chapter 6).

We learn this from the Camp of Yisrael, which was three leagues in diameter.  Nevertheless, the Torah says, "Whoever sought G-d, went to the instruction tent outside the camp" (Shemot 33:7) (Ibid.; Yoreh Deah 242).

This teaches that anyone who needed a decision regarding law would go to the instruction tent (ohel moed) which was outside the camp.  No other scholar could render a decision regarding this law, since Moshe was there and he was the master of all Yisrael.

Even if the decision is correct, a scholar is not allowed to render a decision in the presence of his master.

The Torah therefore says, "They offered before G-d unauthorized fire, which G-d had not commanded them."  They were worthy of death because they had brought unauthorized fire from their houses without being commanded to do so by Moshe.  This was considered as if they rendered a decision in the presence of their master. (Sanhedrin, beginning of Chapter 1; Tosafot ad loc.)

Some authorities give a different reason that they were worthy of death.  It is obvious that they had learned the law from Moshe. Their mistake was that although even if fire descended from on high they were suppose to bring mortal fire, this did not relate to a day like this.  On this first day, the fire had to come from heaven so that all Yisrael could see the great miracle, where G-d's Glory came down from heaven and burned the sacrifices.

By bringing unauthorized fire, they minimized the miracle.  The Torah therefore says, "They offered before G-d unauthorized fire that they had not been commanded."  They had brought unauthorized fire from their houses.  Moshe had not commanded them to bring it because on this first day it was appropriate that G-d's greatness be shown publicly. (Rashbam)

According to another opinion, the sin of Nadav and Avihu was that they entered the Mishkan to perform the sacred service while drunk from wine.

It is very unseemly to enter the royal palace to perform service when one is drunk.  Moreover, since they were drunk, they were not careful about what they were doing, and they brought incense that they had not been commanded to bring.  Offering the incense was one of the most important services.  it should have been done by Moshe or Aharon, who were the greatest people. It was for this reason that they deserved to die. (Rashi; VaYikra Rabbah; Sifra; Yeffeh Toar)

The opinion that Nadav's and Avihu's sin was drunkenness has support in the narrative itself.  After the Torah tells us that Nadav and Avihu died, it states that G-d told Aharon and his surviving sons, "Do not drink wine or intoxicants, you and your sons with you, when you come to the Tent of Meeting, and you will not die.  This shall be an everlasting decree for your generations" (10:8).  This teaches that they were not to drink wine when they came to perform the Divine service, and that they were not even to enter the Mishkan if they were drunk.  This is evidence that the sin of Nadav and Avihu was that they had gone in to perform the service while drunk.

10:2 Vatetze esh milifnei HASHEM vatochal otam vayamutu lifnei HASHEM
A fire came froth from before HASHEM and consumed them, and they died in the presence of HASHEM.
Nadav and Avihu did not die only because of these sins.  Previously, they had committed other sins.

First of all, they had gazed at the Radiance of the Divine.  It is thus written, "HASHEM did not send forth His Hand against the aristocrates of the Benei Yisrael, although they had gazed upon HASHEM..." (Shemot 24:11). (VaYikra Rabbah, Acharei Mot)

The Torah is saying that G-d did not send forth His Hand to punish the aristocrats of Yisrael, that is, Nadav and Avihu and the seventy elders, who had gazed their fill at the Radiance of the Divine. G-d did not punish them, because that was a day of joy, when the Torah was given.  G-d waited until they sinned to punish them, both for what they had done previously and what they were doing now.  G-d also punished the seventy elders, as we shall (BaMidbar 11:2).  They all died by Fire. (Rashi; Targum Yonatan, Acharei Mot)

Nadav and Avihu, were not only handsome, but also gifted with outstanding abilities. These were coupled with righteousness of such caliber that they were obviously qualified to become the future leaders. Their greatness is indicated in their very name:

Nadav - signifies that he was fit for nobility (nedivut)
Avihu - implies he was worthy of becoming the father of the Jewish People (av)

Not only were their spiritual level rated high by others, but they too were conscious of it. Walking behind Moshe and Aharon, Nadav remarked to Avihu, "When will these two Elders finally depart from the world that we may assume the leadership of the community?" Answered Hashem, "We will yet see who will bury whom!"

It must be understood that Nadav and Avihu were tzaddikim. The meaning of their words was, "Moshe and Aharon are old and will certainly die soon. We will then be called upon to assume the leadership, and who knows if we are fit." Chazal worded their remark in the above drastic manner to point out that when they referred to their future role as leaders of the community, a certain lack of humility was present in their attitude and mode of expression.

When a woman washes out two shirts, one colored and the other snow white, she rubs the white one longer and more meticulously than the colored one - not that the white is more stained, but on the white fabric, the slightest stain appears ugly and strikes the eye. Spots, however, are not so noticeable on the colored garment.

The tzaddik's soul resembles a snow white garment. Its purity makes it vulnerable to the slightest spiritual blemish. Hence, an offense which is commonly found among average people appears on the tzaddik's refined character as a thing of major calamity which calls for immediate correction. The tzaddikim are the Almighty's intimate friends, and therefore they are expected to be one hundred percent free of sin.

Examples of such individuals are our forefathers, Avraham, Yitzchak, and Yaakov who, because of their attachment to the Almighty, were criticized by Him for even the smallest of their failures.

Similarly, Nadav and Avihu were slain with the full severity of the midat hadin (Attribute of Justice). Hashem did not delay the punishment nor overlook their guilt because their righteousness and closeness to the Almighty called for the most stringent punishment.

10:3 Vayomer Moshe el-Aharon hu asher-diber HASHEM lemor bikrovai ekadesh ve'al-penei chol-ha'am ekaved vayidom Aharon
Moshe said to Aharon, "It is as HASHEM spoke, saying, 'Through those that are near me I shall be sanctified, and in the presence of the entire people I will be glorified.'"  And Aharon was silent.
When Aharon became aware of his sons' deaths, he was very agitated.  He cried out and said, "Woe is me.  It is because of my sins that they died.  I must have committed a terrible sin.  I and my sons must have committed terrible sins that something like this should have happened to us." (Sifra)

It is true that Aharon knew of his son's sins, but he did not think that they would actually die because of them. (Yeffeh Toar)

Aharon also said, "Why did such a catastrophe have to happen on my day of joy?"

When a person suffers on a day of rejoicing it is not like suffering on another day.  On a day of happiness a person feels sadness twice as much.

Moshe said to him, "Do not grieve.  It might be that you should rejoice and not weep.  Has not G-d said, 'I will only sanctify Myself among those who are closest to Me.  I will make My Glory known before all the people'?" (Korban Aharon)

Moshe continued, "On Mount Sinai, G-d said regarding the Mishkan, 'I will commune there with the Benei Yisrael and I will be sanctified in My Glory'" (Shemot 29:43).

With these words, G-d was alluding to the day that the Mishkan would be erected and the Divine Presence would rest on it, that is, that very day.  G-d said that on that day His Name would be sanctified in the Mishkan among the most honored people, the greatest people in Yisrael.  Through the smallest infraction that would touch upon the honor of the Mishkan, they would know that they must sanctify the Name, since even the greatest people were punished.

When G-d judges the righteous, people fear Him and He is elevated and praised.  From this people learn a lesson, that if G-d punishes even the greatest people and He does not show them special consideration because of their good deeds, how much more so would He punish other people who transgress His commandments!

This also causes the honor of the Mishkan to be increased, since people say, "Because of a small sin thaqt touched upon the honor of the Mishkan, such a terrible thing happened to them."  People will then be careful regarding honoring the Mishkan.

It is thus written, "Fearsome is G-d from your sanctuary" (Tehillim 68:36).  This indicates that people will fear G-d because of what He did int he sanctuary; He punished those who were consecrated to Him.  Other people will then learn a lesson from this.

As a reward for Aharon's silence in accepting G-d's judgment with love, in the next chapter G-d spoke to Aharon alone, telling him that the kohanim were not allowed to drink wine when they entered to perform the service.  The Torah thus says, "G-d spoke to Aharon" (10:8).  Moshe's name is not mentioned.

Accepting Divine Judgment

From here one should learn a lesson that if anything bad happens to him, if a child dies, or if he loses money, he should not be overly grieved or mourn at length; rather, he should bear up under his troubles with forebearance.

He should say, "Evil does not come down from on high.  Whatever happens is to atone for my sins."

A person who behaves in this manner will receive a good reward in the next world.  We thus see that Aharon was a great person and his children were also great, yet two of them died suddenly on one day.  Not only that, but it happened on a day of rejoicing.  If it had happened on another day he would have grieved very much, but how much more so on a day of rejoicing!  Nevertheless, when Moshe told him the two things mentioned earlier he remained silent and allowed himself to be consoled.  He never again spoke about it, as if nothing had happened.

This is how a person must behave if he has true trust in G-d and is master of his soul.  When he has troubles he does not go to extremes, since this can be considered sinful. (Lechem Shlomo 480)

Therefore, if a person is master of his soul and loves G-d, believing in His Holy "Torah, if some tragedy occurs to him such as a monetary loss, or even death of children, which is the worst loss of all, he should not go to extremes in his grief.  He should bear his grief and not violate G-d's standard of mourning; three days for weeping, seven days for mourning and thirty days to avoid laundering and haircuts.  Beyond this a person should not grieve.  If a person does so he is in violation of the Torah and he is considered as if he does not believe in the resurrection.

Our sages teach that if a person grieves more than necessary for the dead, his punishment is that he will suffer another loss so that his additional grief will be justified.

A person must learn a lesson from Aharon, who accepted Divine judgment and said, "Certainly my sins have caused this.  G-d did this to atone for my sins, so as to grant me good reward in the next world."

A person should console himself with the words of Eleazer ben Azariah who was a very great person.  He should say, "G-d has given; G-d has taken.  May G-d's Name be blessed" (Iyov 1:21).

 A person will then be accepted in G-d's Eyes.  He will realize that G-d did this for his benefit, to atone for his sins, or for some other reason known only to G-d.  If one accepts this, the death of his child will be counted like the body of Yitzchak, whose father bound him on the altar to do G-d's Will.  It is true that Avraham was willing to offer the sacrifice, whereas a person's children die against his will.  Nevertheless, if a person does not go to extremes, and accepts G-d's judgment with love, it is considered as if he had willingly offered his child's life to G-d, and it is counted like the binding of Yitzchak.

If a person accepts tragedy with love, just as it came, it will leave quickly.  But if a person berates himself with grief, his troubles become even worse.

A person must fear G-d and accept all troubles with love and joy.  He must know that everything G-d does is for his benefit so that he will have the greatest possible reward in the World to Come.

10:4 Vayikra Moshe el-Misha'el ve'el Eltzafan benei Uzi'el dod Aharon vayomer alehem kirvu se'u et-acheichem me'et pnei-hakodesh el-michutz lamachaneh
Moshe called to Misha'el and to Eltzafan the sons of Uzi'el, Aharon's uncle, and said to them, "Come forth and carry your brothers from the presence of the Sanctuary, to outside the encampment."
5 Vayikrevu vayisa'um bechutanotam el-michutz lamachaneh ka'asher diber Moshe
They came forth and they carried them [Nadav and Avihu] in their tunics to outside the encampment, just as Moshe said.
After bringing them outside the camp they took off their priestly vestments and dressed them in shrouds (tachrichim).  They then buried them. (Ramban)

It is true that Eleazar and Itamar, the brothers of Nadav and Avihu, were also present.  Since Eleasar and Itamar were not High Priests they would have been permitted to defile themselves and become involved with Nadav and Avihu.  However, since Mishael and Eltzafan (who were Leviim) were present it was not proper that a kohen should become defiled, since the job could be done by Leviim.

When Moshe told Mishael and Eltzafan to go in and take out Nadav and Avihu they were afraid.  Moshe told them a second time to go in and then they were no longer afraid.  We therefore see that the word kirvu which means "come forth" has two cantillation notes.  This teaches that Moshe told them to enter two times. (Yalkut Reuveni)  The Torah says that they came forth and carried Nadav and Avihu outside the camp in their tunics.

10:6 Vayomer Moshe el-Aharon ule-El'azar ule-Itamar banav rasheichem al-tifra'u uvigdeichem lo-tifromu velo tamutu ve'al kol-ha'edah yiktzof va'acheichem kol-beit Yisra'el yivku et-hasrefah asher saraf HASHEM
Moshe said to Aharon and his sons, El'azar and Itamar, "Do not let your hair grow long and do not tear your garments so that you will not die and bring [Divine] anger on the entire community; your brothers, the entire House of Yisrael shall mourn for the ones whom G-d burned.
Moshe said to them, "Do not think that you must be in mourning because Nadav and Avihu died.  Normally, when people are in mourning they do not cut their hair and they must rend their garments.  But you may not let your hair grow and you may not rend your garments.  You must cut your hair as before.

"This is the day that you were anointed with the sacred anointing oil and consecrated before G-d.  This is a day of rejoicing before G-d.  You may not spoil G-d's joy with mourning; rather, you must perform the service in the Mishkan." (Rashi; Abarbanel; Ralbag)

10:7 Umipetach Ohel Mo'ed lo tetz'u pen-tamutu ki-shemen mishchat HASHEM aleichem vaya'asu kidvar Moshe
From the entrance of the Tent of Meeting you shall not go forth lest you die; for the anointing oil of HASHEM is on you."  And they did as Moshe had said.
They were also forbidden to leave the Mishkan and to abandon their service in order to mourn in their homes.  If they did that, they would be worthy of death.

Moshe also told them that they were forbidden to perform the Divine service with torn vestments or with long hair.  This is called a defilement of the service, the penalty for which is death. (Sifra; Korban Aharon)

Some say that the prohibition against letting their hair grow and tearing their garments was not only for this time, a day of joy, but also for all generations.  The law is that a Kohen Gadol, even if his father or mother dies, may not rend his clothing, and may not defile himself to attend to their needs.  He must continue the Divine service.

Aharon was the Kohen Gadol.  Although Eleazar and Itamar were not Kohen Gadolim, since they had been anointed with the special anointing oil, they had the same status as the Kohen Gadol as far as this was concerned.  Therefore, G-d told them not to remain without haircuts and not to tear their vestments because of the death of Nadav and Avihu. (Ramban)

Moshe said, "Your brothers, the entire house of Yisrael, will mourn for those who were burned."  The Torah teaches us that the entire community must make a funeral for a Torah scholar and attend it.  When a Torah scholar dies everyone is given the same status as his relatives. (Rashi; Baal HaTurim)

Therefore, all of them must be involved in eulogizing him and mourning this great loss.

The Torah therefore says, "Your brothers, the children of Yisrael, will mourn for the ones whom G-d burned."  This is because two great Torah scholars were killed by fire. (Moed Katan, Chapter 3)

When a person grives for the death of a righteous person all his sins are forgiven.  This is the reason that we read from Parashat Acharei Mot (VaYikra 16) on Yom Kippur.  People should hear about the death of Nadav and Avihu and grieve for it.  When a person grieves for the lass of a tzaddik, and all the more so when one weeps for him, he is forgiven for all his sins.  On high, it is announced, "Your sin is removed and your iniquity is atoned for" (Yeshayahu 6:7).

Besides this, the person has the merit that his children will not die during his lifetime.  Regarding him it is said, "He will see children who will have length of days" (Yeshayahu 53:10).

If one sheds tears for a virtuous person, G-d puts these tears aside and gives him great reward.

10:8 Vayedaber HASHEM el-Aharon lemor
HASHEM spoke to Aharon, saying,
9 Yayin veshechar al-tesht atah uvaneicha itach bevo'achem el-Ohel Mo'ed velo tamutu chukat olam ledoroteichem
"Do not drink wine or any other intoxicant, you and your sons with you, when you enter the Tent of Meeting and you will not die; this is an everlasting statute throughout your generations.
10 Ulehavdil bein hakodesh uvein hachol uvein hatame uvein hatahor
[So that you my] distinguish between what is sacred and what is mundane, between what is impure and what is pure.
11 Ulehorot et-benei Yisra'el et kol-hachukim asher diber HASHEM aleihem beyad-Moshe
[And that you may] teach the Children of Yisrael all the statutes that HASHEM spoke to them, through Moshe."
As was wrote in the previous chapter, the sin of Nadav and Avihu was that they were drunk when they went to perform the Divine service.  Therefore they deserved to die.  Thus, G-d now commanded Aharon and his sons that when they would come to perform service in the Mishkan they should not drink wine, so as not to die as Nadav and Avihu died. (Ramban)

If a Kohen drinks a revi'it of wine he is then worthy of death.  If he performs the Divine service, the service is invalid.  A revi'it is 27 drams (3.4 oz) of undiluted wine if it is drunk in one time.

However, if one drinks less than a revi'it or if he does not drink it all at once, but sips it from time to time, or if it is diluted with water, then the Kohen is not worthy of death [by the hand of G-d] and his service is not invalid.

10:12 Vayedaber Moshe el-Aharon ve'el El'azar ve'el-Itamar banav hanotarim kechu et-haminchah hanoteret me'ishei HASHEM ve'ichluha matzot etzel hamizbe'ach ki kodesh kodashim hi
Moshe spoke to Aharon and to El'azar and Itamar, his surviving sons; "Take the meal-offering which remains of the fire-offering of HASHEM and eat it [as] matzot beside the Altar, for it is holy of holies.

13 Va'achaltem otah bemakom kadosh ki chokcha vechok-baneycha hi me'ishei HASHEM ki-chen tzuveiti
You shall eat it in a sacred place, for it is your portion and the portion of your sons of the fire-offerings of HASHEM, for so have I been commanded. G-d was now addressing Aharon's surviving sons.  As was wrote earlier, they are spoken of here as Aharons surviving sons, because the initial decree was that all four of Aharon's sons die because of the sin of the Golden Calf.  However, Moshe's prayer caused half of this decree to be annulled and Eleazar and Itamar were spared.  The Torah therefore refers to them as "the survivors."  They are the ones who survived death at this time. (Targum Yonatan; Rashi)


The Dietary Laws
11:2 Daberu el-benei Yisra'el lemor zot hachayah asher tochlu mikol-habehemah asher al-ha'aretz
"Speak to the Children of Yisrael, saying, These are the living things that you may eat from among all the animals that are on the earth.
Why is a Jew's diet limited to certain kosher animals alone?

Abarbanel stresses that the Torah does not forbid certain foods because they are detrimental to health. If we assumed that, we would reduce the Torah to a guide book on health and nutrition. Moreover, we are witness to the fact that the gentile nations eat pork, insects, and other animals declared unclean by the Torah, yet they are nevertheless strong and healthy.

The laws of the Divine Torah, rather than aiming at promoting physical health, are designed to maintain the health of the soul. The Torah forbade us to consume certain foods because they impair the purity of the soul, defiling and contaminating us spiritually.

A Jew who fulfills the dietary laws despite the fact that he does not comprehend why certain animals, or parts of animals, are forbidden and others permitted, attains great rewards:

  1. He will be privileged to participate in the great banquet to be held in Mashiach's time. He will taste of the shor habor which combines the delectable taste of all meats and will be allowed to enjoy the savory Levyatan fish.  In describing this meal which will take place in the future, Chazal allude to spiritual delights. One who refrains from eating non-kosher foods will be compensated by exulting in the Heavenly delights of attachment to the Shechinah in the future.
  2. Moreover, abstaining from non-kosher food is of immediate benefit in the present world, too, manifesting the spiritual greatness and kedushah acquired by one who abstains from non-kosher foods. Conversely, one ho eats forbidden foods strengthens the evil impulses within him and clogs his mind and soul. His nature assumes characteristics similar to those of the impure food he has ingested. It becomes coarsened and renders him less capable of serving Hashem. One of the reasons which accounts for former generations' great clarity of mind and profound understanding is their messirut nefesh (self-sacrifice) not to touch foods forbidden by the Torah.

G-d showed Moshe every species so that he would be able to teach the Benei Yisrael about them.  When G-d showed Moshe all the species He explained to him which were kosher and which were not kosher, so that they would be able to discern between the clean and the unclean. (Tosafot, Chullin, loc. cit.)

That generation did not need the signs.  They had seen all the species, both kosher and non-kosher.  Nevertheless, G-d gave them signs for the sake of future generations, so that they would know which species were kosher and which were not kosher.

All the non-kosher foods forbidden by the Torah come from the portion of the Sitra Achra (Other Side), and an unclean spirit rests upon them.  When a person eats non-kosher food, he swallows this unclean spirit (ruach tame') and it becomes absorbed his soul, thus defiling it.  When his soul leaves this world without repentance, all these unclean spirits are attached to him.  They continue to defile him, causing him to be jolted from place to place like something disgusting that a person does not want to look at.  This unclean spirit is attached to the person at all times and the soul cannot rid itself of it.

The Torah therefore says, <"Do not defile your souls with all creeping things, and do not become unclean because you will be defiled by it" (11:43). The last word for "you will be defiled" is written in the Torah as וְנִטַּמְתֶּם. This word is missing an א (alef).  It should have been spelled with an Alef (וְנִטַּמְאתֶּם)

However, without the Alef the word is related to טַמְטַם (tam-tam) which means to plug up.  This teaches that non-kosher food stops up a person's heart and soul.

A person who eats non-kosher food can lose his pure soul in the next world and can be destroyed in purgatory.  Regarding people who eat non-kosher food it is written, "They shall go out and see the corpses of the people who rebelled against Me; their worm will not die, their fire will not be extinguished, and they shall be an abhorrence to all flesh" (Yeshayahu 66:24). (Rashi; VaYikra Rabbah; Yeffeh Toar; Tanchuma Zohar; Reshit Chochma; Shaar Kedushah 15)

Regarding such people King Shlomo said, "All of a person's effort is for his mouth, but his soul is never satisfied"  (Kohelet 6:7).  A person may struggle and work hard but he may suffer in the future world. All of this is because of the forbidden food that he ate, where he did not watch his mouth and defiled himself with forbidden food.

"The soul is also not satisfied."  Its punishment will endure forever since it will not be bound up in the bond of eternal life (1Shmuel 25:29).

But if a person watches his mouth to avoid forbidden foods and does not defile his soul, even if he has other sins, he does not lose the reward of his good deeds because of this.  After he is punished for his sins, he is worthy of reward in the future world for the good deeds he has done.

The Torah Lists Ten Kosher Animals (Devarim 14:4-5):

  1. shor - the ox
  2. seh kesavim - the sheep
  3. seh izim - the goat
  4. ayal - the gazelle
  5. tzvi - the deer
  6. yachmur
  7. akko - the wild goat
  8. dishon
  9. s'oh - the wild ox
  10. zemer
The Torah warns us not to eat animals which, though they possess one of the required characteristics of purity, lack the second. They are:
  1. sh'sua - a certain animal which possesses two backs and two spines, mentioned in Devarim 14:7, because it has no hoofs. (Chullin 9)
  2. gamal - the camel; it ruminates, but its hoofs are not totally cleft.
  3. shafan - the rabbit since it has no hooves.
  4. arneves - the hare since it has no hooves.
  5. chazir - the pig; its foreleg possesses a cleft hoof, but it does not chew its cud.
*NOTE: This is the standard translation of the animals' names, leaving untranslated those animals which are unknown. Some identities are disputed by the commentators, so there is uncertainty of the accuracy of some of the translations.  We do not determine an animal's identity, and whether or not it is kosher, by its  name in any particular language. Rather, its identity is determined by the uninterrupted tradition which began with Moshe Rabbeinu.

Was Moshe Rabbeinu a zoologist or a hunter that he knew the detailed anatomies of the animal sh'sua and the other above mentioned creatures and could state conclusively that no other animal in the world possesses the signs of purity? In fact, to this day, none other than the ten listed in the Torah has been discovered.

This, then, is striking proof of the divinity of the Torah! No one but the almighty Himself Who created all the animals could have categorized them as He did in the Torah.


Raising Pigs

Not only is it forbidden to eat any meat from a pig but it is also forbidden to raise a pig in one's home.  It goes without saying that it is forbidden to deal in pork products. In Parashat Tzav, Chapter 6, is discussed that it is forbidden to do any business in forbidden foods.  However, even if one does not wish to deal in the pigs for good, but only wants their fat to soften hides, it is still forbidden to raise pigs. (Bava Kama, end of Chapter 7; Choshen Mishpat 409; Tosafot, ad. loc.)

Invertebrates

There are two types of creatures that the Torah forbids:

  1. Aquatic invertebrates.  These are worms and other small creatures that live in the water.
  2. "Invertebrates that crawl on the land" (11:29).  These include all types of worms that live in fruit, vegetables, lentils, water, and other beverages.
Worms that live in water but were removed from the place where they grew and went elsewhere, even if they were then returned to their place, are called "invertebrates that crawl on the land" and it is forbidden to eat them.  It is true that we said that those that grow in still water are permitted.  This, however, only applies when they have the status of aquatic invertebrates (sheretz ha-mayim). (Pri Toar 84:2)  However, they still can be forbidden if they are "invertebrates that crawl on the land."  If these worms or other creatures leave their original place they immediately become forbidden.

Kosher Fish

Although the Torah says that fish must have fins and scales, these two signs need not be on them when they are removed from the water.  If the scales fall off, these fish are still permitted as long as they have fins and scales while in the water. (Yoreh Deah 83)

There are some types of fish whose scales are very tiny and cannot be seen. These fish are wrapped in a piece of cloth or placed in a tub of water, and if one finds scales there, the fish are permitted. (Yoreh Deah 83:1 in Hagah)  We are not concerned that these scales might have been from another fish, became attached to the fish in question, and then rubbed off onto the cloth or came in the water; rather, it is assumed that they belonged to the fish in question. (Yoreh Deah ibid.)

Every fish that has scales certainly has fins and is permitted.  However, if we see a fish has fins this is no proof that it has scales.  There are numerous fish that have fins but no scales.

Therefore, if one finds a piece of fish which has scales he is permitted to eat it even though one does not see fins.  However, if one finds a fish with fins he is not permitted to eat it unless he finds traces of its scales. (Pri Toar 83:2)

If kosher and non-kosher fish are placed together in salt, the kosher fish become forbidden sine they absorb the taste of the non-kosher fish. (Yoreh Deah 83:4)

Cheese

It is a general rule that milk from a non-kosher animal will not curdle.

If milk from a non-kosher animal is mixed with kosher milk the kosher milk will curdle but the non-kosher milk will not.  It will remain there with the whey.

Therefore, the law should be that gentile cheese is permitted. Milk from a non-kosher animal cannot curdle and therefore cannot be made into cheese.

However, the original sages of the Mishnah legislated that gentile cheese is forbidden for another reason.  In order to make the milk curdle, the gentile cheesemakers place the complete stomach of a calf along with its skin in the milk. (Yad, Maakhalot Assurot 3; Pri Chadash 116:9)

There are then two reasons why this should be forbidden:
  1. The prohibition against meat and milk.  The calf's stomach's skin has the status of meat, so it comes out that milk is being curdled with meat.  It is true that there is always more than sixty times as much milk as meat but it is not "annulled in sixty" (batel be-shishim) as in other cases.  We have a general rule, "Anything that congeals is not annulled in sixty" (davar ha-ma'amid eino batel beshishim).  This means that any ingredient that is placed in food in order to congeal it or make it set cannot be nullified because it is a prime ingredient.
  2. The second prohibition of gentile cheese is that the calf was not slaughtered properly and therefore the calf's stomach has the status of a forbidden carcass (nevelah).
Thus, there are two prohibitions:  One of milk and meat, and the other of an improperly slaughtered carcass.  This is why gentile cheese is forbidden. (Tosafot, Avodah Zarah, Chapter 2; Turei Zahav 116:9)

Even in the case where we know for sure that the cheese was not curdled with a calf's stomach but with vegetable substances, as is done in some places, it is still forbidden. (Yoreh Deah ibid., quoting Ramban [Yad])

This is because when the sages of the Mishnah legislated to prohibit gentile cheese, they made it a general prohibition.  There is no difference whether it is curdled with the rennet of a non-kosher calf or with vegetable substances.  If anyone eats gentile milk or gentile cheese he deserves a special flogging, (makat mardut)

Cheese made by Karaites (and other non-religious Jews) has the status of gentile cheese.  Since they are not concerned with the prohibition of milk and meat, they are not concerned if they curdle the cheese with the skin of a calf.  It has been ascertained by reliable witnesses that they do use non-kosher rennet.

Therefore, with regard to Karate cheese there are the same two prohibitions, one of milk and meat, and the other of a non-kosher carcass, since any animal slaughtered by the Karaites is automatically considered to be non-kosher.  Even if they swear that they made the cheese in a kosher manner they are not believed, and their cheese has exactly the same status as gentile cheese. (Kenesset HaGedolah, notes on Bet Yosef 116:29; Benei David, Maakhalot Assurot 3)

Other Dairy Products

In the case of butter there is no concern about the prohibitions discussed earlier.  Butter is not curdled with rennet.  Furthermore, there is no concern about non-kosher milk.  We see that butter sets into a solid and, as we mentioned earlier, fat of a non-kosher animal does not congeal in this manner.

For this reason, the sages of the Mishnah did not legislate to forbid it, and gentile butter is permitted.

There are places, however, where the custom is to forbid gentile butter.  There is concern that the gentile may add a small amount of non-kosher milk to the butter and it will remain uncongealed.

However, even in places where it is the custom to forbid gentile butter, if it is fried on the fire until it becomes liquid, it is permitted since there is no concern. (Pri Chadash 116:22)

Cottage cheese (ricotta) produced by gentiles is forbidden.

Similarly gentile yogurt is forbidden.  It is true that we wrote earlier that the milk of non-kosher animals do not congeal.  This is only true, however, of cheese and butter, where the fat congeals and the whey sepearates.  In the case of yogurt, however, the fat congeals together with the whey, because it is congealed with a lactic acid product.  In such a case even non-kosher milk can congeal, so gentile yogurt is forbidden.

Honey

There is also another substance that the Torah permits even though it is derived from a non-kosher animal.  This is honey which is derived from bees.  Although the bees themselves are forbidden as food, their honey is permitted.  Of course, one must carefully examine the honey and strain it to make sure it does not contain any bees or flies.  It is preferable to boil honey first so that it is possible to strain it.

11:13 Ve'et-eleh teshaktzu min-ha'of lo ye'achlu sheketz hem et-hanesher ve'et-haperes ve'et ha'ozniyah
These you shall consider repulsive from among the fowl; they may not be eaten; they are repulsive the eagle, the white-tailed eagle and the bearded vulture.
14 Ve'et-hada'ah ve'et-ha'ayah leminah
The falcon and the vulture, to its kind.
15 Et kol-orev lemino
Every raven, to its kind.
16 Ve'et bat haya'anah ve'et-hatachmas ve'et-hashachaf ve'et-hanetz leminehu
The ostrich, the owl, the seagull and the sparrow hawk, to its kind.
17 Ve'et-hakos ve'et-hashalach ve'et-hayanshuf
The little owl, the cormorant and the eagle owl.
18 Ve'et-hatinshemet ve'et-haka'at ve'et-haracham
The horned owl, the pelican and the carrion vulture.
19 Ve'et hachasidah ha'anafah leminah ve'et-haduchifat ve'et-ha'atalef
The stork and the heron, to its kind.  The hoopoe and the bat.
The Torah now discusses the types of birds that are kosher and non-kosher. it does not designate the kosher birds one by one, but spells out all the birds that are not kosher.  We thus know that all birds not included in this list are kosher.  In Parashat Re'eh (Devarim 14:4-5), the Torah lists the kosher mammals and we know that the others are non-kosher.

The reason for this difference is that there are relatively few non-kosher birds. There are only 24 species of non-kosher birds, as we see in Scripture.  The kosher birds, however, are without number.

The Talmud thus says that there are 700 species of non-kosher fish and 800 species of non-kosher locusts.  The number of kosher birds, however, is very large.  Therefore, the Torah provides us with a relatively short list of non-kosher birds and we understand that the rest are kosher.

In the case of mammals the opposite is true.  The number of kosher mammals is small, while the number of non-kosher species is great.  Therefore, the Torah lists the kosher species one by one and we know that the rest are non-kosher.

This teaches us an important lesson.  A teacher should teach his students in the most concise manner possible. (Chullin p. 63; Bachya, Re'eh)

These are the types of non-kosher birds.  There are 24 species. They are as follows:

  1. Nesher - Eagle (it is called nesher in Hebrew because its feathers shed (nashar) and grow back.  It is thus written, "Your youth will be renewed like an eagle" (Tehillim 103:5)
  2. Peres - Ossifrage.  This is the largest old world bird of prey ranging in the mountainous regions from the Pyrenees to India and resembling both the eagle and the vulture.
  3. Azniyah - Osprey, which is a large hawk that feeds on fish.
  4. Da'ah - Kite, a large hawk-like bird that eats mice, hares, and carrion.  In Devarim 14:13 it is referred to as a ra'ah with a ר (resh).  The word ra'ah has the connotation of sight in Hebrew, and the bird is given this name because it has particularly acute eyesight.  It can be in Babylon and see corpses in Yisrael.
  5. Ayah - Vulture.  In Devarim 14:13 it is called a dayah.  It is the same bird but it has two names.  Here the Torah literally speaks of the "vulture after its kind" (leminah). Whenever the Torah says, "of its kind" it indicates that there are other birds in this family which have a different appearance and different names but are alluded to here.  There are three cases where this is mentioned explicitly, whereas in the other twenty-one cases there is only an allusion.
  6. "A type of ayah."  This is a different bird alluded to in the expression "of its kind," as discussed earlier.
  7. Orev - Crow.
  8. Species of Orev - the Zarzir, usually translated as the starling.  This is alluded to when the Torah says, "of its kind."  With regard to the Orev, our sages say that it is a zarzir even though it is not mentioned explicitly in the verse.  Since the starling always associates with the crow, it can be assumed to be of the same species.  From this we learn that anyone who associates with the wicked is also considered wicked.  People say, "Every crow finds its own kind sweet" (kol orev lemino arev).  A bird which is related to the raven attaches itself to the raven and does not leave it.
  9. Bat Ya'ana - Ostrich
  10. Tachmas - Owl.
  11. Shachaf - Gull.
  12. Netz - Gosshawk.
  13. A type of Netz alluded to in the word "of its kind" mentioned here.
  14. Kos - Falcon.
  15. Shalach - Cormorant, which draws up fish from the sea and eats them.  
  16. Yanshuf - Ibis, a tall stalk like bird with a long curved beak.
  17. Tinshemet - Swan
  18. Racham - Magpie
  19. Chasidah - Stork
  20. Anafa - Heron
  21. Another type of Anafa, which is alluded to in the word "of its kind," next to this bird.
  22. Duchipat - Wild Hen.  It is known as the hoopoe, a bird with large red and black crest.
  23. Atalef - Bat.
These are the twenty-four non-kosher birds that exist in the world.  There are no others.

If anyone is expert and knows the appearance of these birds and their names, he may eat any other type of bird in the world without any further examination.  However, it is not enough merely to know the appearance of the non-kosher bird.  One must also know the Hebrew name of each one. (Yoreh Deah 82, Yad, Maachalot Assurot)

The Torah does not give signs by which we can recognize kosher and non-kosher birds.  Instead, it actually lists the non-kosher birds.  But our sages have given signs for those people who do not know the identity of the 24 types of non-kosher birds mentioned in the Torah.

The following signs are known by tradition from Noach, who brought all sorts of birds into the Ark.  Noach wanted to make a sacrifice of all types of kosher birds; therefore, he had to know which ones they were.  He therefore carefully examined all the sings of the kosher and non-kosher birds. (Tosafot, Chullin)

These are the signs that our sages have given us:

Every predatory bird is definitely non-kosher.  These are the birds that grasp their prey with their talons and kill it to eat it.  If it is impossible to examine a bird for this sign, there is another definite sign for a non-kosher bird.  If the bird is placed on a rope or branch and it divides it toes so that two are on each side, or if it grasps its food while flying, and eats it on the wing then it is definitely a non-kosher bird.

Even if it is seen for certain that it does not attack its prey with its talons and eat it, such a bird still may not be eaten unless it is certain that it has three additional signs. (Pri Chadash 82)

The three signs are as follows:

  1. An extra toe.  This means that the innermost toe is larger than any two other toes.
  2. Has a crop (zefek)
  3. The second layer of skin on the gizzard (kurkevan) can be peeled off by hand. However, if the membrane over the gizzard cannot be peeled off with the hand but only with a knife, it is a sign the bird is not kosher.  If it cannot be easily peeled off with the hand but after it is placed in the sun and becomes softened, it can be peeled with the hand, it is a sign the bird is kosher.
All these signs are valid only if it is known for certain that this bird does not attack its prey with its talons and eats it.  However, if it is not certain whether or not the bird is predatory, these three signs do not help since it is possible it attacks and eats its prey. The only time the bird is then permitted is if there is a tradition from one's ancestors that the bird is kosher.

Some say that every bird with a wide beak and wide feet like a duck certainly is not a predatory bird.  It may be eaten if it has the above mentioned three signs. (Pri Chadash 82:6 q.v.)

The Ashkenazic custom is not to eat any bird whatsoever unless there is a tradition from ancient times that it is a kosher bird.  The only exception to this rule is the turkey.

Insects
11:20 Kol sheretz ha'of haholech al-arba sheketz hu lachem
All winged insects that walk on four [legs] are repulsive to you.
21 Ach et-zeh tochlu mikol sheretz ha'of haholech al-arba asher-lo chra'ayim mima'al leraglav lenater bahen al-ha'aretz
However, these you may eat of all the flying insects that walk on four [legs], those which have knees extending above their legs so that it hops on the ground with them.
22 Et-eleh mehem tochelu et-ha'arbeh lemino ve'et-hasal'am leminehu ve'et-hachargol leminehu ve'et-hechagav leminehu
Among these you may [only] eat members of the red locust family, the yellow locust family, the spotted gray locust family and the white locust family.
23 Vechol sheretz ha'of asher-lo arba raglayim sheketz hu lachem
All flying insects that have four feet are repulsive to you.
The Torah is saying that all insects such as flies, bees, mosquitoes and grasshoppers are unclean and forbidden as food. (Rashi)

Insects that have hoppers with which they can jump from one place to another are sometimes permitted.  The four species permitted are: The red locust (arbeh), the yellow locust (sal'am), the spotted grey locust (chargol), and the white locust (chagav)

There are another four species that are kosher, alluded to in the words "of its kind" [which is translated as "family"].  These are the dukhnit, the hoarder (otzrania), the "garden circle" (tziporet keramim), and the Yerushalayim yochana.  There are thus a total of eight types of locust that the Torah permits if one knows their identity correctly. (Rashi)

Today, however, it is forbidden to eat any type of locust.  We do not recognize the kosher species and we do not know their names. (Turey Zahav 85)

Besides the species mentioned here explicitly as being kosher, all other insects are non-kosher. The only exceptions are the grasshoppers that have five or more walking feet, which are kosher. (Rashi)

11:24 Ule'eleh titama'u kol-hanogea benivlatam yitma ad-ha'arev
As for these, [animals], you can be made unclean; all those who touch their carcasses shall be unclean until the evening.
25 Vechol-hanose minivlatam yechabes begadav vetame ad-ha'arev
Anyone who carries of their carcasses; shall wash his garments and is unclean until the evening.
26 Lechol-habehemah asher hi mafreset parsah veshesa eynenah shosa'at vegerah eynenah ma'alah tme'im hem lachem kol-hanogea bahem yitma
Thus every animal that has cloven hooves but its hooves are not [completely] split and it does not bring up its cud, they are unclean to you; all who touch them shall be come unclean.
27 Vechol holech al-kapav bechol-hachayah haholechet al-arba tme'im hem lachem kol-hanogea benivlatam yitma ad-ha'arev
All [animals] that walk on their paws among all the living creatures that walk on four legs, they are unclean to you.  All who touch their carcasses shall be unclean until the evening.
28 Vehanose et-nivlatam yechabes begadav vetame ad-ha'arev tme'im hemah lachem
Whoever carries their carcasses shall wash his garments and is unclean until the evening; they are unclean to you.
The Torah now teaches us some laws about uncleanliness.  Any animal that has true hooves but is not cloven-hoofed is unclean.  The same is true of any animal whose hoof is open but the opening does not extend all the way down, so it is slightly closed. An example of this is the camel, whose hoof is not completely cloven.  Similarly, any animal that does not bring up its cud is unclean. (Rashi)  Every animal that walks on its paws is also unclean.  This includes such animals as the cat, the bear and the dog.

If one touches the dead bodies of such animals he becomes unclean until evening.  If one lifts up their carcasses he must immerse both his body and his garments in a mikvah and remain unclean until evening. (Rashi; Rambam)

11:29 Vezeh lachem hatame basheretz hashoretz al-ha'aretz hacholed veha'achbar vehatzav leminehu
These [also] are unclean to you among all creeping creatures that crawl on the ground: the weasel, the mouse and the tortoise, to its kind.
30 Veha'anakah vehakoach vehaleta'ah vehachomet vehatinshamet
The hedgehog, the chameleon, the lizard, the snail and the mole.
This entire section deals with ritual uncleanliness (tumah) which involves touching (tumat maga). (Rashi)  The Torah says that these animals render one unclean if he touches their dead bodies.

The Torah speaks of eight species here:

  1. Choled - the weasel
  2. Achbar - the mouse
  3. Tzav - a frog like creature (possibly a toad)
  4. Anakah - the hedgehog
  5. Koach - translation unknown
  6. Leta'ah - the lizard
  7. Chomet - the snail
  8. Tinshemet - the mole

11:31 Eleh hatme'im lachem bechol-hasharetz kol-hanogea bahem bemotam yitma ad-ha'arev
These are unclean to you among all the creeping creatures.  Whoever touches them when they are dead shall be unclean until the evening.
32 Vechol asher-yipol alav mehem bemotam yitma mikol-kli-etz o veged o-or o sak kol-keli asher-ye'aseh melachah bahem bamayim yuva vetame ad-ha'erev vetaher
Everything, wherever a part of them may fall when they are dead, shall become unclean, such as a wooden vessel, or a garment, or a hide or a sack.  Every vessel with which work is done, shall be brought [put] into water, and remains unclean until the evening, [then] it becomes clean.
If anyone touches any of these dead animals, that person becomes unclean until evening.

Similarly, if a piece of one of these animals falls on a wooden vessel or on a garment, a piece of leather, or a sack made out of goat's wool (Rashbam), that article becomes unclean.  In general, anything that can be used for any purpose made out of the substances mentioned above can become unclean.

Such an article must be immersed in a mikvah, a ritual pool holding forty se'ah (180 gallons). (Targum Yonatan)

Similarly, if a person touches any of these dead animals he must immerse in a mikvah.  Even after he immerses he is still unclean as far as eating the priestly terumah offering is concerned.  He may not touch terumah until sunset; however, after the sun sets he is completely clean.

11:33 Vechol-kli-cheres asher-yipol mehem el-tocho kol asher betocho yitma ve'oto tishboru
Every earthen vessel into which a part of them may fall, everything that is within it becomes unclean, and you shall break it.
34 Mikol-ha'ochel asher ye'achel asher yavo alav mayim yitma vechol-mashkeh asher yishateh bechol-kli yitma
Of all foods that are eaten upon which water comes, shall be unclean.  Every beverage that is drunk, in any vessel, shall be impure.
If any one of the above- mentioned eight dead animals falls inside a clay or pottery vessel everything inside that vessel becomes unclean.

A pottery vessel cannot be purified by immersion.  It only loses its status of ritual uncleanliness when it is broken. (Rashi)

When the Torah says that any food inside that vessel becomes unclean this is true only if hte food at one time became wet with water or any of the other special liquids designated by the Torah.

The seven types of liquid that render food capable of becoming unclean are:
  1. yayin - wine
  2. devash - bee honey
  3. shemen - olive oil
  4. chalav - milk
  5. tal - dew
  6. dam - blood
  7. mayim - water 
This can be remembered with the mnemonic YaD ShaChaT DaM which literally means "a hand slaughtered blood."

If food becomes wet with any of these liquids the food becomes ritually fit (huchshar), to become ritually unclean.

Now the Torah tells us that if one of the above eight animals (sheratzim), falls into a clay vessel and in that vessel there was food that was huchshar with one of the above liquids, then that food becomes ritually unclean. (Rashi)

We thus see that food that has once been wet becomes unclean while dry food remains clean.  This is because G-d commands us only regarding something that is complete.  Thus, for example, there is the dough offering (challah - BaMidbar 15:20).  The Torah does not obligate us to separate the challah offering unless we are kneading dough.  If one separates challah from the flour at any time before it is kneaded, the portion does not have the status of challah.

The same is true with the ritual uncleanliness of foods.  Food does not become huchshar to become unclean until it is completed.  Since people normally wash off the dust and mud from vegetables before eating them, this washing is considered their "completion." (Rashbam; Chinuch)


Washing for Wet Foods

The same rule involving foods that are huchshar to become unclean also applies to the washing of hands (netilat yadayim).  Any food that is immersed in the above-mentioned seven liquids has a special status.  Before eating such food one must wash his hands. (Orach Chayim 158)

Therefore if one has celery or other vegetables or fruit, and they are washed to remove the dirt, one must wash his hands before eating them.  Similarly, if one places any other liquid on them to give a taste, such as fruits that are candied in honey, one must wash his hands before eating them. (Teshuvot Radbaz 83; Kenesset HaGedolah, notes on Tur)

This is because the hands are normally considered unclean.  Therefore, when they come in contact with something wet they render it unclean.  Even if one will only touch a part of the vegetable or fruit that was not immersed he must still wash his hands, but without a blessing. (Hagah ibid.)

On the Seder night we wash our hands before we dip the celery (karpas) in vinegar because it has been dipped in liquid. (Orach Chayim 473) The vinegar we use is made from wine which is one of the seven special liquids. (Matteh Yosef ibid.; Yad, Aaron; Turei Zahav ibid.)

Some say that if one wishes to eat fruit preserved in honey he must wash his hands. According to this opinion it has the same status as something dipped in liquid. (Kenesset HaGedolah, Orach Chayim 158)

The majority of authorities question whether we must wash to eat something cooked in honey.  There, however, at least one authority who maintains that it has the same status as something dipped in liquid.  Therefore, one should eat it with a spoon and fork and not touch it with his hands, so as not to become involved in a question of law. (Kenesset HaGedolah, notes on Bet Yosef 158:4)

This, however, is true only where there is a question. If something dry is immersed in liquid it does not help to eat it with a spoon.  One must wash even if he is not going to touch it with his hands. (ibid.; Perach Shoshan 1:9; Matteh Yosef 2:18)

Yogurt is not completely congealed, but is soupy and therefore has the status of a liquid.  If food is dipped in [kosher] yogurt it has the same status of something dipped in liquid and one must wash his hands. (Matteh Yoself loc. cit.; Yad Aaron)

The juice that drips from roast meat does not have the same status of a liquid.  Therefore, if one dips something in such gravy he need not wash his hands. (Orach Chayim; Magen Avraham; Turei Zahav; Ateret Zekenim; Yad Aaron. See Bayit Chadash)

If one washes his hands to eat food dipped in liquid and then changes his mind and wishes to eat bread, some say he must wash his hands a second time.  Therefore, he should wash his hands again but not recite the blessing since there is a question. (ibid. in Hagah)  This is true only of the Sefardim, who normally recite a blessing when washing their hands for wet food. Since Ashkenazim do not recite a blessing, they may recite a blessing when they wash again for bread.

We said earlier that honey is one of the liquids that is huchshar food to become unclean.  This is true only of bee honey.  Although date honey or sugar is also occasionally referred to as "honey" it is not one of these seven liquids. (Matteh Yosef; Yad Aaron; Teshuvot Radbaz 83; Kenesset HaGedolah loc. cit.)

Similarly, the only type of oil included among the seven liquids is olive oil.  If does not include sesame oil or the like. (Ginat Veradim 11:29; Matteh Yosef)

If one east pasta such as spaghetti or macaroni or the like, he must wash his hands because it has been wet with its cooking water.  I goes without saying that one must wash his hands if it has been seasoned with olive oil because olive oil is one of the seven liquids. (Turei Zahav 158)

If one dips cake or fruit in rakki brandy he must wash his hands because it is one of the seven liquids.  Although it is merely a distillate and not the liquid itself, since it is made from raisins or wine it has the same status as wine and one must wash his hands. (Devar Moshe, Orach Chayim 17)

11:35 Vechol-asher-yipol minivlatam alav yitma tanur vechirayim yutatsz tme'im hem utme'im yiheyu lachem
Everything upon which any part of their carcasses fall, shall be unclean [even] an oven and a hearth shall be shattered, they are unclean and they shall be unclean to you.
36 Ach mayan uvor mikveh-mayim yiheyeh tahor venogea benivlatam yitma
However, a well-spring and a pit, a gathering of water, shall be pure.  [But] that which touches their carcasses shall be unclean.
37 Vechi yipol minivlatam al-kol-zera zerua asher yizarea tahor hu
If any part of their carcasses falls on any sowing seed that will be planted, it remains [ritually] clean.
38 Vechi yutan-mayim al-zera venafal minivlatam alav tame hu lachem
If water was once placed on seeds and part of their carcasses fall upon them, they are unclean to you.
The stove and the range mentioned here are portable stoves and oven ranges.  Since they are not attached to the ground they have the status of a vessel and they become unclean if one of these eight sheratzim falls on them.  Since they are made of pottery they cannot be immersed; therefore, they must be smashed.  They cannot be used for anything that must be ritually clean.

However, if they are attached to the ground as our stoves are then they do not become unclean.

Similarly, a spring or well which is attached to the ground dos not become unclean.  Not only that, but if a person is unclean and immerses himself in it, he is purified.

However, if one touches any of these dead sheratzim, even if the touches them inside a cistern and is immersing at the time, he becomes unclean.  He is not protected from uncleanliness merely because he is in a mikvah.

The Torah goes on to say that if the dead bodies of any of these animals fall on any edible seeds that are planted, the plants remain clean.  Moreover, even if the plants have already been picked, if they have not yet been wet by water or other beverages and thus become readied to become unclean, they remain clean.  They cannot become unclean unless they have come in contact with water after they have been picked.

However, if water or any other liquid has been placed on any vegetable, even if it was dry later when it was touched, it is unclean. (Rashi)

One may wonder why the snake is not included among the unclean animals.  After all, it was the serpent that brought uncleanliness to the world.

This is because the snake is a harmful creature   If G-d had declared it unclean people would avoid it.  Therefore, so that people not refrain from killing it, it was not included among the unclean animals. (Bachya)

11:39 Vechi yamut min-habehemah asher hi-lachem le'ochlah hanogea benivlatah yitma ad-ha'arev
If any animal dies [of those] that are permitted to eat whoever touches its carcass shall be unclean until evening.
40 Veha'ochel minivlatah yechabes begadav vetame ad-ha'arev vehanose et-nivlatah yechabes begadav vetame ad-ha'arev
Whoever eats of its carcass shall wash his garments and is unclean until the evening.  Whoever carries its carcass shall wash his garments and is unclean until evening.
The Torah is speaking about kosher species.  If an animal of a kosher species is not slaughtered, it has the status of a nevelah or "carcass."  The Torah now discusses the ritual impurity of such a nevelah.

If one touches the nevelah of any kosher animal that has died on its own, he must immerse in a mikvah and then remain unclean until evening.

However, when such an animal is slaughtered, even if it become a terafah and is forbidden as food, it does not have the unclean status of a nevelah.

If one eats such a nevelah unwittingly, not realizing that it was a nevelah and that the animal had not been slaughtered, he is unclean.  He must immerse both his body and his clothing and then he remains unclean until evening.

Similarly, if one lifts up a nevelah he must immerse not only his body in a mikvah, but also his clothing, and then he remains unclean until evening. (Rashban)

11:41 Vechol-hasheretz hashoretz al-ha'aretz sheketz hu lo ye'achel
Every creeping creature which crawls on the ground is repulsive, it may not be eaten.
The Torah uses the word sheretz to describe these small animals.  These are the small invertebrates that crawl on the ground. (Rashi)

The Torah says that these must be shunned and not eaten.  If one eats any of these animals he is guilty of violating a negative commandment of the Torah.

Worms

This is a good place to discuss the strong prohibition against eating any type of worm.  Unfortunately, nowadays people take this lightly and do not consider it forbidden.  This is not because people take their obligations lightly but because they assume that this is a relatively minor infraction.

They support their case by arguing that eating unexamined vegetables merely involves a question; it is always possible that here are no worms in the vegetables.

However, it is a question (safek) involving Torah law. Therefore we must take the stricter course and it is forbidden to eat such unexamined vegetables.

People may say that they are doing so unwittingly since they do not know for certain that there are worms in such vegetables. However, what do they gain as far as their soul is concerned?  It is like someone carrying oil on his head, and then accidentally spilling it, staining his clothing.  He might not have wanted to spill the oil, but his clothes are stained nevertheless.

One must be particularly careful in these areas since the prohibition against worms is much worse than other prohibitions.  Each time a person violates a Torah law he is said to violate "a negative [prohibition]" (lav).

However, if one eats a worm one is in violation of five negative prohibitions:
  1. "Every small animal that creeps on the earth you shall not eat" (11:41)
  2. "Everything that creps on its belly among every small animal that breeds on the earth you shall not eat" (11:42)
  3. "Do not make your souls abominable to everything that creeps on the earth" (11:43)
  4. "Do not defile your souls with every small animal that creeps on the earth" (11:42)
  5. "Do not defile yourselves through them" (11:43)
If there is a flying insect such as a gnat, a fly, or a bee, then in additon to the violating these five negative prohibitions one is also in violation of the prohibition, "Every flying insect do not eat" (11:20)

The reason that Torah sets so many prohibitions against eating worms and insects and repeats the prohbition so many times is because this is a very common violation.  Worms are found in fruits, vegetables, and many other foods and a person cannot avoid them unless he is extremely careful.  The Torah therefore applies many negative commandments to them so that a person will make every effort to avoid them.

11:42 Kol holech al-gachon vechol holech al-arba ad kol-marbeh raglayim lechol-hasheretz hashoretz al-ha'aretz lo tochelum ki sheketz hem
Whatever crawls on its belly and whatever goes on its four [legs] or whatever has many feet; regarding all creeping creatures that crawl on the ground; you may not eat them, for they are repulsive.
43 Al-teshaktzu et-nafshoteichem bechol-hasheretz hashoretz velo titam'u bahem venitmetem bam
Do not make yourselves abominable by [eating] any creeping creature that crawls, and do not make yourselves unclean with them, for you will become unclean because of them.
Included in the prohibition, "Do not make yourselves abominable" is a prohibition against holding oneself in when he must have a bowl movement. (Orach Chayim 3)

It one holds himself back from urinating he causes himself harm.  This can in some cases cause sterility. (Turei Zahav ibid.)  He is also in violation of the commandment, "Do not make your souls abominable."

Also included in this commandment is a prohibition against eating anything disgusting.  It is therefore forbidden to eat any food mixed with excrement or the like.  It is similarly forbidden to eat or drink from disgusting dishes.  Also, it is forbidden to eat if one's hands have a bad odor or from dishes which have a bad stench. (Yoreh Deah 116)

It is similarly forbidden to eat something that another person has had already in his mouth, even from one's own brother.

All these things are permitted if one needs them as a remedy.  It is even permitted to drink urine if it is necessary, as a remedy. (Pri Toar ibid.)

One who eats any forbidden food, in addition to defiling his soul in this world, also defiles his soul in the next world.  G-d is pure and holy and will repel this person from His domain.

This will also cause a person to defile himself with many other sins.  G-d no longer protects him or helps him avoid sin.

Our sages therefore taught us, "Run to a minor good deed and flee from a sin.  One good deed brings on another while one sin also brings on another" (Avot 4:2).  The sages are teaching us to run to do a good deed even though it may seem minor.  Besides the reward for the deed itself, it will lead one to do other good deeds.  The same is true of sin.

The Torah therefore says, "Do not defile yourselves with them, since you will be made spiritually insensitive through them."  Besides the sin itself, this causes one's mind to become insensitive. (Yoma 39a; Ikkarim 3; Reshit Chochmah, Shaar HaKedushah 4)

11:44 Ki ani HASHEM Eloheichem vehitkadishtem veheyitem kedoshim ki kadosh ani velo tetame'u et-nafshoteichem bechol-hasheretz haromes al ha'aretz
For I am HASHEM, your G-d; you shall sanctify yourselves and you shall become holy, for I am Holy and you shall not make yourselves unclean with any creeping creature that crawls on the ground.
G-d says, "You must be holy because I am holy.  Moreover, if you will remain holy I will also sanctify you in the next world." (Rashi)

11:45 Ki ani HASHEM hama'aleh etchem me'eretz Mitzrayim lihyot lachem l'Elokim veheyitem kedoshim ki kadosh ani
For I am HASHEM, who brings you up from the land of Egypt to be your G-d.  You shall be holy, for I am Holy.
G-d is saying, I brought you out of the land of Egypt from your bitter exile on the condition that you remain holy.

11:46 Zot torat habehemah veha'of vechol nefesh hachayah haromeset bamayim ulechol-nefesh hashoretzet al-ha'aretz
This is the Torah concerning the animals and the fowl and of all living creatures that swarm in the waters and for all creatures that crawl on the earth.
47 Lehavdil bein hatame uvein hatahor uvein hachayah hane'echelet uvein hachayah asher lo te'achel
To distinguish between the unclean and between the clean, and between the living creatures which may be eaten and between the living creatures which may not be eaten."
These are the laws that one must know in order to differentiate between kosher and non-kosher animals.

The intent here is not to differentiate between a donkey and a cow.  The means of identification were discussed earlier. Rather, the intent here is to determine whether a particular animal of a kosher species is kosher or not.

For example, if an animal is slaughtered and the majority of the two "signs" (simanim) (the gullet and windpipe) are severed, the animal is kosher.  If the majority of these two "signs" are not severed the animal is not forbidden as a carcass (nevelah)

Furthermore, one must know all the laws of fatal lesions (terefot) to know whether an animal is kosher, or forbidden as terefah.

One must also know the other laws about what is forbidden and what is permitted.  One must know what foods are "annulled in sixty" (batel be-shishim) and what foods cannot be annulled. (Rashi)

This verse "to distinguish between the unclean and the clean..." has its initial word, le-havdil and as its last word te'achel.  The first and last letters of this verse are Lameds (ל).  Since the Lamed has a numerical value of 30, the two Lameds together add up to 60.  This alludes to the fact that forbidden food is "annulled in sixty." (Baal HaTurim)

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MeAm Lo'ez, Baal HaTurim, Bachya, Rashi, Rambam, Ramban, Midrash

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