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 YisraelWhen 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).
And it came to pass on the eighth day [that] Moshe called to Aharon and to his sons and to the elders of Yisrael.
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):
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
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.
9:23 Vayavo Moshe ve'Aharon el-Ohel Mo'ed vayetze'u vayevarechu et-ha'am vayera chevod-HASHEM el-kol-ha'amHaving completed their tefillot, they returned to the people and blessed them, "May the Shechinah rest upon our handiwork" (Tehillim 90:17)
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.
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:
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.
- 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.
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 HASHEMNadav and Avihu did not die only because of these sins. Previously, they had committed other sins.
A fire came froth from before HASHEM and consumed them, and they died in the presence of HASHEM.
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.
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 lamachanehAfter bringing them outside the camp they took off their priestly vestments and dressed them in shrouds (tachrichim). They then buried them. (Ramban)
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.
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 HASHEMMoshe 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.
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.
"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 MosheThey 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.
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.
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 lemorAs 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)
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."
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'aretzWhy is a Jew's diet limited to certain kosher animals alone?
"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.
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:
- 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.
- 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):
- shor - the ox
- seh kesavim - the sheep
- seh izim - the goat
- ayal - the gazelle
- tzvi - the deer
- yachmur
- akko - the wild goat
- dishon
- s'oh - the wild ox
- 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:
- sh'sua - a certain animal which possesses two backs and two spines, mentioned in Devarim 14:7, because it has no hoofs. (Chullin 9)
- gamal - the camel; it ruminates, but its hoofs are not totally cleft.
- shafan - the rabbit since it has no hooves.
- arneves - the hare since it has no hooves.
- 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.
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:
- Aquatic invertebrates. These are worms and other small creatures that live in the water.
- "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:
- 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.
- 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'ozniyahThe 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.
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 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:
- 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)
- 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.
- Azniyah - Osprey, which is a large hawk that feeds on fish.
- 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.
- 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.
- "A type of ayah." This is a different bird alluded to in the expression "of its kind," as discussed earlier.
- Orev - Crow.
- 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.
- Bat Ya'ana - Ostrich
- Tachmas - Owl.
- Shachaf - Gull.
- Netz - Gosshawk.
- A type of Netz alluded to in the word "of its kind" mentioned here.
- Kos - Falcon.
- Shalach - Cormorant, which draws up fish from the sea and eats them.
- Yanshuf - Ibis, a tall stalk like bird with a long curved beak.
- Tinshemet - Swan
- Racham - Magpie
- Chasidah - Stork
- Anafa - Heron
- Another type of Anafa, which is alluded to in the word "of its kind," next to this bird.
- Duchipat - Wild Hen. It is known as the hoopoe, a bird with large red and black crest.
- 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:
Insects
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:
- An extra toe. This means that the innermost toe is larger than any two other toes.
- Has a crop (zefek)
- 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.
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'arevThe 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.
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.
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 leminehuThis 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.
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.
The Torah speaks of eight species here:
- Choled - the weasel
- Achbar - the mouse
- Tzav - a frog like creature (possibly a toad)
- Anakah - the hedgehog
- Koach - translation unknown
- Leta'ah - the lizard
- Chomet - the snail
- Tinshemet - the mole
11:31 Eleh hatme'im lachem bechol-hasharetz kol-hanogea bahem bemotam yitma ad-ha'arevIf anyone touches any of these dead animals, that person becomes unclean until evening.
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.
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 tishboruIf any one of the above- mentioned eight dead animals falls inside a clay or pottery vessel everything inside that vessel becomes unclean.
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.
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:
- yayin - wine
- devash - bee honey
- shemen - olive oil
- chalav - milk
- tal - dew
- dam - blood
- mayim - water
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'arevThe 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 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.
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:
- "Every small animal that creeps on the earth you shall not eat" (11:41)
- "Everything that creps on its belly among every small animal that breeds on the earth you shall not eat" (11:42)
- "Do not make your souls abominable to everything that creeps on the earth" (11:43)
- "Do not defile your souls with every small animal that creeps on the earth" (11:42)
- "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 aniG-d is saying, I brought you out of the land of Egypt from your bitter exile on the condition that you remain holy.
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.
11:46 Zot torat habehemah veha'of vechol nefesh hachayah haromeset bamayim ulechol-nefesh hashoretzet al-ha'aretzThese are the laws that one must know in order to differentiate between kosher and non-kosher animals.
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."
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
