Acharei Mos / Kedoshim 5780

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Ordinances and statutes[1]

את-משפטי תעשו ואת-חקתי תשמרו ללכת בהם אני יקוק אלקיכם
Perform my ordinances and safeguard my statutes, to walk in them; I am Hashem your G-d[2]

There’s a fundamental question regarding how to relate to mitzvos and personal inclinations[3]. What’s greater: a person who has a natural desire to break a prohibition, and overcomes their inclinations by listening to the Torah? Or someone who has no desire towards such prohibitions. It would seem from the words of our Sages[4] that the former is more meritorious. Someone who doesn’t desire to break the Torah isn’t as accomplished as someone who does yet overcomes their challenge. However, there are philosophers that say the opposite. They consider it lowly to desire to do evil, and meritorious to only desire to do good. However, this doesn’t have to be a dispute.

The Rambam suggests[5] that the Sages and philosophers are discussing different topics. There are two different types of mitzvos. One type is mitzvos that are highly logical[6]. Even if the Torah hadn’t commanded them, they would have been proper to follow[7]. These types of mitzvos, due to their inherent morality, would be repugnant to want to transgress. These logical prohibitions include murder, theft, overcharging, and damaging others’ property. There’s nothing lofty about wanting to kill someone, yet overcoming one’s baser desires and holding back. Of course it’s better to not want to kill. This is what the philosophers were discussing.

Our Sages on the other hand were discussing mitzvos that are not inherently logical. If the Torah hadn’t prohibited them, we wouldn’t have thought of them on our own. These are often referred to as Chukim, or decrees of Hashem. The Sages go as far as to say[8] that a person shouldn’t say “I’m disgusted by eating pig”[9], rather they should say “I desire to eat pig, but my Creator forbids it”. The same with the prohibition against wearing forbidden mixtures. There’s nothing wrong with desiring to wear them, as they’re not obviously immoral[10]. Once we know that Hashem commands against them, it’s meritorious to listen.

This division of mitzvos can be very readily gleamed from a verse in this week’s parsha. The Torah says את מפשטי תעשו, perform my Mishpatim, and חקתי תשמרו, safeguard my Chukim. Mishpatim are often translated as ordinances, and Chukim are often translated as statutes. More specifically, Mishpatim are the first category of mitzvos that we’ve discussed. They are mitzvos that are self evident why they were commanded. They are more obvious that they are moral. Chukim on the other hand are the second category of mitzvos. Their reasoning is not apparent to us, and we follow them because Hashem said so. Why does the Torah use the word תעשו, perform, when it comes to Mishpatim, and תשמרו, safeguard, with regards to Chukim?

Consider for a moment the following scenario: A merchant asks his friend to purchase for him some merchandise. If the merchant explicitly says, “Go here and buy this particular item”, and the friend complies, it’s not reasonable to attribute the purchase to the friend. He didn’t decide to purchase something; he merely followed his friend’s orders. Now, if the merchant were to instead say, “Go and buy merchandise”, then the purchase could be considered something the friend performed. It was enough of his own action to give him credit.

With this scenario in mind, we can have a fuller appreciation of the verse from our parsha. The Mishpatim, the mitzvos that are self-evident, are described as something to perform. This is because they are considered a mitzvah whose performance is attributed to us, because we would have done them anyways. As opposed to the Chukim, the non-logical mitzvos, which are described as something to safeguard. They’re performance is not attributed to us, similar to the friend performing the merchant’s command. They’re simply to be dutifully followed[11].

Good Shabbos

[1] Based on Sefer Apiryon by Rav Shlomo Gantzfried, the author of Kitzur Shulchan Aruch, to Leviticus 18:4

[2] Leviticus loc. cit.

[3] Shemoneh Perakim by the Rambam, Chapter 6

[4] As evident by Sukkah 52a, which says כל הגדול מחברו יצרו גדול ממנו, the greater a person is the greater their temptations. As well, the more temptations, the more reward for overcoming them (Avos 5:23)

[5] Loc. cit.

[6] Some call them מצוות שכליות. For a sampling of sources that address this type of mitzvah, see Aruch HaShulchan Orach Chaim 1:13 and Yoreh Deah 240:12, who addresses why Hashem commanded מצוות שכליות if they were self-understood, Dor Revii Chullin Pesicha Kolleles § 2 s.v. עוד משל אחת, who feels מצוות שכליות could sometimes even take precedence over explicit prohibitions, and Chavos Yair § 166, who says the rule that the Heavenly court doesn’t punish under the age of twenty (see https://parshaponders.com/pesach-5780/#_ftn12) only applies to מצוות שכליות, but not to prohibitions that are explicit in the Torah. As well, see the following sources which say that even non-Jews are obligated in all מצוות שכליות: Rav Nissim Gaon Introduction to Shas (printed at the beginning of Berachos), Rabbeinu Bachaye to Genesis 18:20, and the Netziv’s approbation to Ahavas Chesed, all brought by Minchas Asher Bereishis § 40. See also Makkos 9b, which shows that מצוות שכליות, even though they’re not explicit in the Torah, warrant punishment, even for non-Jews (this is also brought by the Chavos Yair)

[7] Yoma 67b

[8] Toras Kohanim to Leviticus 20:26, brought by Rashi ad. loc.

[9] Chazal as we have it say pig, but the Rambam loc. cit. quotes it as milk and meat. He must have had a different version. He also quotes it from Rabban Shimon ben Gamliel, whereas we have it quoted from Rabbi Elazar ben Azariah. Rashi loc. cit. quotes it the way we have it, although we have אי אפשי לאכול בשר חזיר and he quotes it as נפשי קצה בבשר חזיר

[10] The Rambam loc. cit. also lists forbidden relations (עריות) as an example of Chukim. What’s surprising is Yoma loc. cit., the source for the Rambam regarding מצוות שכליות, lists עריות as something self-evidently prohibited! See Rav Kapach’s commentary to the Rambam who suggests the Rambam didn’t have עריות in his version of the gemarra. The problem is I was told by my friend R’ Ari Deifik that eight manuscripts/versions of the Talmud in our possession have the word עריות, and it is quoted by many Geonim and Rishonim as is. For another approach, see the Maharsha ad. loc. Although he has a different understanding of the gemarra than the Rambam, the way the Maharsha reads it, we don’t see עריות being classified as one of the מצוות שכליות. In any event, the Rambam is simply coming from Toras Kohanim loc. cit., which as we have it lists עריות as one of the Chukim. It would seem then to be a dispute between these two sources. One possible resolution is to suggest that the עריות in either passage are referring to different types. See Moreh Nevuchim 3:49, where the Rambam finds the prohibition of a man with his daughter to be more obviously prohibited than a man with his mother-in-law. Perhaps Yoma is discussing the former, whereas Toras Kohanim is discussing the latter

[11] Sefer Apiryon points out that Yoma loc. cit. specifically uses our verse to distinguish between the two types of mitzvos. It could have used many other verses which speak of משפטים and חוקים (for example, Leviticus 19:37 and Deuteronomy 4:14). He suggests that it is because it was bothered by this distinction between תעשו with משפטים and תשמרו with חוקים that specifically our verse uses[Print]

Tazria / Metzora 5780

5780 28 Tazria Metzora

The proper precedence[1]

…אשה כי תזריע וילדה זכר וטמאה שבעת ימים וגו’‏
…when a woman gives birth to a boy, she shall be spiritually impure for seven days…[2]

At the end of the previous parsha[3], there were many details related to the spiritual impurity imparted by animals. This week’s parsha begins a long series of laws related to the spiritual purity and impurity of humans. Seemingly, the order is backwards. Since mankind is the principle player in the Torah, shouldn’t their laws come first? That which is primary takes precedence over what is secondary. Why then are the laws of animals taught first? Rashi addresses this[4], by reminding us that in the Torah’s description of creation, first the animals were created[5], and only then mankind[6]. Just like the animals preceded Man during creation, their laws of impurity are taught first.

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Shemini 5780

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Respect for the past, acclimating to the future[1]

דברו אל-בני ישראל לאמר זאת החיה אשר תאכלו מכל-הבהמה אשר על-הארץ: כל מפרסת פרסת ושסעת שסע פרסת מעלת גרה בבהמה אתה תאכלו: אך את-זה לא תאכלו ממעלי הגרה וממפריסי הפרסה את-הגמל כי-מעלה גרה הוא ופרסה איננו מפריס וגו’ ואת-החזיר כי-מפריס פרסה הוא ושסע שסע פרסה והוא גרה לא-יגר טמא הוא לכם
Speak to the Children of Israel, saying: “These are the animals that you shall eat, from all the animals on the Earth: Any animal with completely split hooves, which chews its cud, you shall eat. However, these you shall not eat from those that chew their cud and have split hooves: The camel, although it chews its cud, its hooves aren’t [completely] split…And the pig, although its hooves are completely split, it doesn’t chew its cud. It is impure to you”[2]

The basic laws of kosher animals are introduced in this parsha. The rules are simple: animals with the Torah’s two kosher signs are permissible to eat. They need to have their hooves be completely split and chew their cud. If the animal has only one of these signs, like a camel or a pig, and for sure if it has neither of these signs, like a horse or a lion, then it is not kosher. However, sheep, lambs, cows, and deer, have both signs. These are permissible animals to eat.

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Tzav 5780

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Elevation with ash removal[1]

צו את-אהרן ואת-בניו לאמר זאת תורה העלה היא העלה וגו’ ואש המזבח תוקד בו: ולבש הכהן וגו’ והרים את-הדשן וגו’ והאש על-המזבח תוקד-בו וגו’‏
Command Aharon and his sons, saying: “This is the law of the Olah offering. It is the Olah…the fire of the altar should be ignited by it. The Kohen will adorn…he will lift the ash [off the alter]…The fire on the altar shall remain burning…[2]

The Olah offering is one of the many kinds of offerings in the Temple. It’s called an Olah offering because of what makes it unique. It’s entirely consumed by the altar fire. No person is permitted to eat from its flesh. Olah means elevation, as the offering is considered to entirely elevate towards Heaven. The Torah states that it is about to detail the laws of the Olah offering, and then proceeds to discuss something else entirely. There’s a mitzvah for the Kohen to scoop up the ash from the altar once a day and place it on the side of the altar. This is known as terumas hadeshen. There’s also a mitzvah to put wood on the altar so the fire doesn’t extinguish. Instead of the Torah describing the laws of the Olah[3], it details these two mitzvos. Why then does it give this seemingly misleading introduction?

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Vayikra 5780

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The delightful smell of improvement[1]

‏…עולה אשה ריח ניחוח
…an elevated fire offering, a pleasant smell[2]

As we begin the book of Leviticus, it’s worthwhile to investigate the deeper meaning behind Temple offerings. Throughout the Chumash, offerings are referred to as a ריח ניחוח, a pleasant smell[3]. These verses suggest that offerings are something positive, something to be encouraged[4]. However, we find verses in the later prophets that discourage offerings. Hashem tells the people: “For what purpose do I need your abundant offerings?”[5]. Hashem sounds like He isn’t interested in us bringing offerings. What changed[6]?

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Bechukosai Shavuos 5779

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The toil of Torah[1]

אם-בחקותי תלכו ואת מצותי תשמרו ועשיתם אותם
If you walk in my decrees, and you guard my mitzvos, and perform them….[2]

The parsha begins by spelling out all the good that will happen to us if we follow Hashem’s Will, and everything else that will happen if we don’t. The Torah begins this stipulation with a vague requirement to walk in Hashem’s decrees. What does this mean? It can’t mean that we should observe Hashem’s commandments, as that’s what the rest of the verse expresses. We are taught[3] that it means that we are expected to toil in Torah. Not just learn it, but be fully engaged in the learning experience. This is in addition to our mitzvah observance. We are also taught that Hashem so-to-speak yearns for our toil in Torah[4]. Why is this so, and why is this the introductory requirement in order to receive Hashem’s blessings?
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Behar 5779

The Mountain and the rested Land[1]

וידבר יקוק אל-משה בהר סיני לאמר: דבר אל-בני ישראל ואמרת אליהם כי תבואו אל הארץ אשר אני נותן לכם ושבתה הארץ שבת ליקוק
Hashem spoke to Moshe on Mount Sinai, saying: Speak to the Children of Israel, and say to them: When you arrive at the land which I give to you, the land shall rest, a Sabbath for Hashem[2]

This week’s parsha begins by introducing the mitzvah of shemittah, the Sabbatical year. Once every seven years the land of Israel is to lie fallow, and the fruits become ownerless. What’s unusual with this mitzvah is it’s introduced by specifying that Hashem spoke to Moshe on Mount Sinai. This specification isn’t done with any other mitzvah. What does shemittah have to do with Mount Sinai? Rashi says[3] to teach us that just like the general principles as well as the details of the mitzvah of shemittah were taught at Mount Sinai, the same is true for all mitzvos. However, this is only the opinion of Rabbi Akiva. Rabbi Yishmael holds that all other mitzvos had their general principles taught at Mount Sinai, and their details were taught at the Tent of Meeting[4] [5]. What then does he learn from the specification of Mount Sinai with the mitzvah of shemittah? As well, even according to Rabbi Akiva, why was shemittah chosen to specifically teach us this idea?

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Emor / Sefiras HaOmer 5779

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Receiving the munn and offering the Omer[1]

דבר אל-בני ישראל ואמרת אלהם כי-תבאו אל-הארץ אשר אני נתן לכם וקצרתם את-קצירה והבאתם את-עמר ראשית קצירכם אל הכהן: והניף את-העמר לפני יקוק לרצנכם ממחרת השבת יניפנו הכהן
Speak to the Children of Israel and say to them: When you come to the land that I give to you, and you harvest its produce, you shall bring the Omer, the first of your harvest, to the Kohen. He shall wave the Omer before Hashem, to make you desirable[2]; the day after Pesach[2] the Kohen shall wave it.

וספרתם לכם ממחרת השבת מיום הביאכם את-עמר התנופה שבע שבתות תמימת תהיינה: עד ממחרת השבת השביעת תספרו חמשים יום והקרבתם מנחה חדשה ליקוק
You shall count for yourselves, from the day after Pesach, from the day you brought the waved Omer, seven weeks, which shall be perfect. Until after the seventh week, count fifty days, and then offer a new flour offering to Hashem[3]

The Omer flour offering which was brought the day after Pesach is highly unusual. An omer is literally a volume of flour, also known as a tenth of an eiphah[4]. All other flour offerings don’t use the word omer to describe their quantity, and indeed simply say a tenth of an eiphah[5]. Why then does this offering use the term Omer? More than that, this offering is known by name by its volume of flour. Why is it called the Omer offering? Further, there’s a mitzvah to count every day up to fifty days after Pesach. This mitzvah is called Sefiras HaOmer, literally the counting of the Omer. The whole point of the mitzvah is the anticipation of the festival of Shavuos[6], which culminates the fifty-day count. Why then is the mitzvah to specifically count “from the Omer”?

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Kedoshim 5779

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Sibling love, disgrace, and quarrels[1]

ואיש אשר-יקח את-אחתו בת-אביו או בת-אמו וראה את-ערותה והיא תראה את ערותו חסד הוא ונכרתו לעיני בני עמם ערות אחתו גלה עונו ישא
A man who will take his sister, the daughter of his father or the daughter of his mother, and will see her nakedness, and she will see his nakedness, it is chesed, and they will be cut off from before the eyes of the nation. For he has uncovered his sister’s nakedness, and he shall carry his sin[2]

The Torah, in its list of the forbidden relationships, gives the incestuous relationship with one’s sister a special descriptor. The union is referred to as chesed. Normally, this word refers to loving kindness. It seems highly out of place in this context[3]. Rashi therefore says[4] that in this context it’s the Aramaic word for disgrace. Such a union is a disgrace to both parties. However, why did the Torah use this unusual word, instead of the normal Hebrew word for disgrace? Rashi therefore brings the homiletic interpretation[5], that this verse is alluding to the answer to an age-old question.

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Acharei Mos 5779

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The constant struggle[1]

ואל אשה בנדת טומאתה לא תקרב וגו’‏
Do not approach a woman in her impure state of niddah[2]

The gemarra relates[3] a conversation between a Sadducee[4], someone who rejected Rabbinic Judaism, and the Sages of his time. He asked Rav Kahana, how could a man and woman be trusted to be alone together when the wife is a niddah[5]? Once she has her period, she and her husband are forbidden to each other until she immerses in a mikveh at the right time. He asked is it possible for a fire to kindle and not burn?

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