[Par-lite] Parshat Chukat - shiur #3 - zot chukat ha'torah

Wed Jun 20 15:45:50 EDT 2007

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
  In Memory of Rabbi Abraham Leibtag
 Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************

"ZOT CHUKAT HA'TORAH"
     [For Parshat Chukat & Parshat Parah]
 WHAT'S A CHOK, AND WHAT'S A TORAH?

 How should one translate the phrase "ZOT CHUKAT HA'TORAH" (see 19:2)
in the opening psukim of Parshat Para?
[Note how just about every English translation slightly varies in
their attempt to interpret this verse, e.g. "the Torah's decree"
(Stone & Living Torah), "a ritual law" (JPS), etc.]

 Many students of Chumash innocently assume that the word "torah"
refers to the entire Torah, while the word "chok" implies a specific
law that has no obvious reason; and hence - this opening pasuk informs
the reader that the laws of Parah Adumah (that will follow) will be
the quintessential example in the entire Bible of a law that doesn't
make any sense.  
 In the following shiur, we will consider an alternate understanding
of the words "chok" and "torah" in this pasuk, based on their meaning
elsewhere in Chumash.  While doing so, we will attempt to arrive at a
clearer understanding of this special set of laws, and the purpose of
this enigmatic opening phrase.

INTRODUCTION
 Today, in common conversation, the word 'Torah' is used to describe
either the entire Bible, or even the entire corpus of Jewish law.  In
fact, even the study of the Oral Law, such as the Mishna and Talmud is
referred to 'Torah study'.  
    However, when we examine the use of the word "torah" in Chumash,
we find that it has a very different meaning.  Instead of referring to
the entire book, the word "torah" in the books of Vayikra and Bamidbar
usually refers to a specific type of law, usually one of a procedural
nature. 
    For example, in our study of Parshat Tzav, we saw how each
paragraph (in the section describing how to offer the various korbanot
/ chapters 6 thru 7) began with the phrase 
    "zot torat ha' -----" - 
      ['this is the procedure for the ------ offering: ..."

    Hence, the phrase "zot TORAT ha'mincha..." (see 6:7-10) is
translated: "this is the PROCEDURE for how to offer the korban mincha"
- followed by the details concerning how the kohanim are to offer it.
Similarly, "zot TORAT ha'chatat" introduces the laws of how to offer
the "korban chatat" (see 6:18 and 7:1, etc.).

    An even better example is found in Sefer Bamidbar, at the
conclusion of the laws concerning the procedure that the priest must
conduct to test whether the "sota" [a wife accused by her husband for
'cheating'] was innocent or guilty.  Note the use of the word "torah"
in the pasuk that summarizes this lengthy process:
"zot TORAT ha'knaot - this is the torah [the procedure] for this case
of 'jealousy', when a wife... or when the spirit of jealousy comes
upon a man, and he be jealous over his wife.. and the priest shall
execute upon her all this TORAH"  - i.e. this procedure!  (see
Bamidbar 5:29-30 in its context)

 With this background, we can begin our attempt to understand the word
"torah" in Parshat Para - to show that here as well, it refers to a
specific procedure (and not to the entire Chumash)!

THE LAWS OF TUMAT MEYT
 To appreciate what procedures are discussed in Bamidbar chapter 19,
we must first provide a short overview of the basic laws of "tumat
meyt" [spiritual uncleanliness, caused by contact with a dead body].
    According to Jewish law, if a person touches (or is in the same
room with) a dead body, he becomes "tamey" [spiritually unclean] for
period of at least seven days, during which time he is not permitted
to enter the Temple courtyard.  To 'cleanse' himself of this "tumah",
a special 'procedure' is required.  The kohen [priest] must sprinkle
upon him from a special solution consisting of spring water mixed with
specially prepared ashes of a "para Adumah" - a 'red heifer'. 
    The first sprinkling can only be performed after three days, and
then needs to be repeated four days later, i.e. on day seven.  At
sunset of that seventh day, he becomes "tahor" [spiritually clean] and
hence permitted once again to enter the Temple.

TWO PROCEDURES IN THE PROCESS
 Obviously, before the kohen can perform this 'sprinkling procedure' -
someone has to first make the 'ashes'.  Hence, the first procedure
[="torah"] that Chumash will describe will be how to make these ashes.
As only a small amount (of ashes) is needed to make this special
solution, the ashes collected from the burning of each "para aduma"
could suffice for decades.
 After the explanation of this first procedure, Chumash will explain
the details for the second "torah" - i.e. the procedure whereby the
kohen sprinkles this solution of the "tmey meyt".
 Therefore, as we study chapter 19, we should expect to uncover the
details of two procedures:

PROCEDURE #1 - Making the 'ashes' of the parah adumah.
  [as detailed in 19:2-9!)

PROCEDURE #2 - Sprinkling these ashes (mixed with water).
    [as detailed in 19:17-19!]

 As we study these psukim, we will show how these two procedures also
contain several consequential laws, which we identify as "chukim"!
Therefore, before we begin our detailed study, we must first explain
the Biblical meaning of the word "chok".

WHAT'S A CHOK?
 Contrary to popular opinion, a "chok" is not the name for a Biblical
law that doesn't make sense (or has no reason).  Indeed, we will find
"chukim" that have no obvious reason, and that may even be
'characteristic' of a "chok" - but it is not the definition of a
"chok"!  Instead, a "chok" is a statute - i.e. a set law or ordinance
that doesn't change.
 To clarify this point, let's take an example from a law that you are
all familiar with: the Korban Pesach.  Everyone knows why we offer the
Korban Pesach - to commemorate how God saved Am Yisrael from the Tenth
Plague.  Certainly, this mitzvah makes a lot of sense, but to your
surprise - Chumash refers to this law as a CHOK and gives a reason!
Let's take a look:
"... and you should keep this commandment (of Korban Pesach) as a CHOK
for you and your children for ever. When you come into the Land that
God shall give you... keep this ritual. And when your children will
ask: What is this ritual for you? Tell them it is the Pesach offering,
for God passed over the houses of Bnei Yisrael when He smote the
Egyptians..." (see Shmot 12:24-27!)

 In fact, Chumash refers to all of the Jewish Holidays as CHUKIM (see
Parshat Emor - Vayikra 23:14,21,31 & 41) - because they are set in the
yearly calendar, and repeat themselves every year!
    Chumash also uses the word "chok" to describe statutes that are
not mitzvot. For example, when Sefer Breishit describes how Yosef
purchased of the land from the Egyptians, we are informed that he
cannot acquire the land belonging to the priests - because:
"... it is the CHOK of the priests by Pharaoh, that they eat their
portion [lechem CHUKAM] that Pharaoh had given them..." (see Breishit
47:20-22 and its context)

    Two psukim later, we find another example, where Chumash describes
the 20% set land tax imposed on Egyptian produce as a "chok" (see
Breishit 47:26)

 For a similar reason, when Bnei Yisrael are required to produce a
certain daily output of bricks, Sefer Shmot describes this set quota
as a CHOK:
"...and the taskmasters of Bnei Yisrael scolded them saying - Why did
you not complete CHOK'CHEM [your quota] to make bricks as before..."
(see Shmot 5:14 and its context)

 Note also how Yirmiyahu refers to the laws of astronomy, i.e. the
constant and unchanging cycles of the sun and moon around the earth,
as "CHUKOT shamayim v'aretz" (see Yirmiyahu 33:25 and even better, see
Yirmiyahu 31:35-36!).

 For this reason, the holidays in Parshat Emor are referred to as
CHUKIM for they celebrated on a REGULAR basis, once a year based on
the solar (agricultural) calendar.  Hence, a "chok" implies something
constant that doesn't change - a statute.

THE CHOK OF TUMAT MEYT
 Let's see now how the word "chok" would apply to the laws of "tumat
meyt".
    The law that a person who touches a dead body becomes "tamey" for
seven days should definitely be considered a "chok"  - for it is a law
that never changes - it remains constant.
[In modern Hebrew we find a similar use, where the 'laws of nature'
are called CHUKEI ha'TEVA. Take for example Newton's laws of motion -
they are set and don't change.]

 Based on this definition, a CHOK can be logical, but it doesn't have
to be! Certain CHUKIM may be beyond our comprehension, however many
other CHUKIM can actually make a lot of sense. Therefore we find some
"chukim" that are quite logical, while others are not - however, the
fact that a certain law is not logical, does not define it as a CHOK! 
 In contrast, a MISHPAT, as its name implies, is a JUDGEMENT - based
on reason. The very concept of a MISHPAT relates to a decision or
judgment that must be made between two claims that come before the
court.  Hence, the Torah refers to the entire set of civil laws
relating to damages etc. in Shmot chapters 21->23 as MISHPATIM (see
Shmot 21:1 & 24:3).
 With this  background, let's read through Parshat Parah and attempt
to identify more precisely where we find a TORAH and where we find a
CHOK, and how they relate to one another.  As we read, we will notice
how the chapter neatly divides into two sections, according to the two
procedures that we mentioned above. 
[As a teacher's note - to explain this concept of TORAH as a
procedure, take the word 'recipe' as an example. A recipe demands a
certain procedure to attain a certain goal, i.e. a sponge cake recipe
requires that we take 4 eggs, flour, water, sugar; mix them into a
batter, and bake it etc. The result - a cake - and hence the recipe
card is titled: Sponge cake. In a similar manner, the Parshat Parah
informs us of the proper 'recipe' [i.e. the TORAH] to make the ashes
for "efer parah"!]

PROCEDURE #1 & its CHUKIM
 We assumed above that the first "torah" (or procedure) would describe
how to prepare the "efer ha'parah" [the ashes of the heifer], that
will later be used for sprinkling).  As you review 19:2-6, note how
these psukim describe precisely this procedure:
19:2-3 -
 Take a red heifer (one without a blemish) and give it to Elazar (the
deputy high priest) who must slaughter it outside the camp.
19:4 -
Sprinkle the blood of the heifer seven times opposite the entrance to
the Ohel Moed.
 19:5-6 -
Burn the carcass of the heifer together with branches from both a
hyssop and cedar tree, etc., until in turns into ashes.

 Now that the 'ashes' have been prepared, the Torah informs us of two
special CHUKIM that accompany this process:
 19:7 - 
The kohen who PERFORMS this procedure becomes "tamey" [that's a CHOK],
therefore he must wash his clothes and remains "tamey" until the
evening ["tumat yom"].
19:8 - 
The kohen who BURNS the animal becomes "tamey" [that's also a CHOK],
and must wash his clothes etc.

Then Chumash continues with the final stages of this procedure:
 19:9 -
A clean person must COLLECT the ashes and stores them outside the
camp. This is actually the final stage of the procedure [i.e. part of
the TORAH].
 19:10 -
This person who collects the ashes also become "tamey" [just like the
other two]. That's yet another CHOK!

 Hence, we find that this specific procedure of making the "efer" is
accompanied by several special CHUKIM. Note how these CHUKIM, even
though they are not an integral part of the procedure, they are a
direct consequence - and therefore should be defined as related
"chukim" [statutes], but not an integral part of the procedure.
[If we use again our "mashal" from the cake recipe, the person mixing
the batter must later wash his hands, but that does not affect how the
cake comes out!]

 To prove these definitions, let's take a more careful look at this
last pasuk, as it explains the purpose of this procedure. i.e. for
these ashes must be used for the CHOK of "tumat meyt":. 
"The person who collects the ashes must wash his clothes, and [these
ashes] are to be [used] for Bnei Yisrael for a CHUKAT OLAM - an
everlasting statute: [i.e. introducing the CHOK of:]
 -  One who touches a dead body becomes "tamey" for seven days.  If he
is sprinkled upon on the third & seventh day, he becomes "tahor"; if
not he remains "tamey"... and should he enter the Mikdash, he is to be
cut off from Israel." 
    (see 19:10-13)

 These psukim end the first section of Parshat Parah, as the ashes are
prepared, and we are also informed of what they will be needed for.
    Now that the "efer" is prepared, we are ready to discuss the
second TORAH [procedure] found in this chapter, i.e. the precise
details of this 'sprinkling process' - known in Hebrew as "torat
ha'haza'ah".

PROCEDURE #2 and its CHUKIM
 Let's take a look now at 19:14. Note how this pasuk (at first glance)
seems to contradict our definition of a TORAH:
"And this is the TORAH - a person who dies in a tent, everything in
the tent becomes tamey [unclean] for seven days. And any open
vessel... it too becomes tamey..." 
    (19:14-15)

 Based on our above definitions of CHOK & TORAH, this law [of how one
contracts "tumat meyt"] should be considered a "chok" for it describes
a set law that never changes!  Why then does 19:14 introduce this law
as a TORAH?
 The answer to this question is quite simple.
    If one reads the next set of psukim carefully, it becomes clear
that the phrase "ZOT HA'TORAH" in 19:14 is INTRODUCING the procedure
that is defined later on 19:17-19.   In other words, we need to add
the word 'for' in 19:14 [i.e. a "lamed" after "zot ha'torah L'adam
asher yamut b'ohel..." [which is implicit based on the context - see
also Rashbam on 19:2!].

    In this manner, 19:14-16 should be translated as follows:

    "This is the TORAH  - FOR:
a) the case when a person dies in a tent, then everything in the tent
becomes "tamey" (19:14), [and for...]
  b) any open vessel in that tent (19:15), or
c) any person who touched a dead body in the field or bone or grave
(who also becomes "tamey" (19:16)

 THEN: for any of these "tamey" persons or objects, we must take from
the "efer" [the ashes of the heifer] and put it into a vessel with
water (see 19:17) in order to perform PROCEDURE #2 [i.e. "torat
ha'za'ah"], as explained in the next set of psukim:
"A person who is TAHOR [clean] shall take a hyssop branch, dip it in
the water [mixed with the ashes], and then sprinkle it on (either) the
tent and vessels, or on the person who touched the bones... or who
touched a grave..." (see 19:18).

 This procedure, as described in 19:18, was first introduced by the
phrase "zot ha'TORAH" in 19:14.  The next pasuk (19:19) informs us
that this procedure must be repeated on both the third and seventh
days (see 19:19).

THE CHUKIM OF PROCEDURE #2
 This second procedure, just like the first procedure, is also
accompanied by certain consequential "chukim":
    a) he who sprinkles the solution becomes "tamey" 
(see 19:21, see also Rashi who quotes Chazal's understanding that it
refers to only someone who carries this solution, but not actually the
one who sprinkles it);
    b) anyone who touches this solution also becomes "tamey"
     (see 19:22).
[i.e. "tamey for one day, he must wash his clothes and then he becomes
"tahor" at sunset.]

 Note how both Procedures #1 and #2 carry with them very similar
consequential CHUKIM, i.e. anyone who is involved in this process of
either making the "efer", or sprinkling it upon someone else, becomes
"tamey".

CHUKAT ha'TORAH
 Based on these definitions, we can suggest an explanation for the
opening phrase "CHUKAT ha'TORAH" that introduces these laws (see
19:1). As we have shown, this chapter contains many special CHUKIM
that relate to the TORAH (procedures) of "tahara" from "tumat meyt",
i.e. 
    (1) making the ashes; and
    (2) sprinkling the "mei chatat" - water w/ashes solution.

 Each of these two procedures carry special "chukim" that accompany
these procedures: The special chukim all have one common denominator.
Anyone involved in these procedures for cleansing one who is "tamey" -
he himself becomes "tamey". This strange CHOK that by making someone
else TAHOR you become TAMEY is an inherit 'statute' [CHOK] of this
'procedure' [TORAH]. Hence, this may be the technical meaning of this
introductory phrase "chukat ha'torah", i.e.
 - the CHOK {that those involved becomes "tamey"] in 
  the TORAH [procedure] required to cleanse "tumat meyt".

 Clearly, this CHOK appears to negate all logic - for why should the
person involved in the process of making someone else TAHOR become
TAMEY? For this reason, this specific CHOK becomes a classic example
of a law that doesn't make sense (see Rashi 19:2).  HOWEVER, this does
not mean that the definition of a CHOK is a law that doesn't make
sense!  As we explained above, a CHOK is a set law.  CHUKIM don't have
to make sense, but certainly it is OK if they do.

THE RAMBAM
 A similar explanation of CHUKIM is found in the Rambam in his
concluding section of Sefer Avodah in Hilchot Meilla. Note how Rambam
differentiates between CHUKIM and MISHPATIM:
"... the MISHPATIM are laws whose reason is evident ["taamam geluyah"]
and the benefit for keeping them is apparent in this world, e.g. the
prohibition to steal or to murder, or honoring one's parents; while
the CHUKIM are laws whose reason is not evident ["taamam eino
geluyah"]... and the laws of Korbanot fall under category of
CHUKIM..." [see Hilchot Meilla 8:8]

 Note the examples that Rambam uses for Mishpatim - stealing, murder,
and honoring one's parents. Even though these are mitzvot in the
Torah, they are based on a very obvious rational. Even without the
Torah, most societies establish similar laws for they are based on
common sense. In contrast, CHUKIM are divine decrees and as such do
not necessarily need to be based on any obvious reason. Nevertheless,
note how Rambam demands that we make every effort to understand God's
reason for the CHUKIM as well:
"It is fitting that one should contemplate the laws of the Torah to
understand their reasoning to the best of his ability. But should he
find a law that he does not understand (or does not make sense to
him)... he should not conclude that they are any less important,
rather he must keep them and treat them with the utmost respect... 
    (see Rambam Hilchot Meillah - the beginning of 8:8) 

 Even though CHUKIM (by their very nature) don't have to make sense
["ein taamam glu'yah"], nevertheless Rambam implores that we make
every effort to try to understand them, Should one be unable to find a
reason for a certain CHOK, he must relate this lack of understanding
to his own inability to grasp God's infinite wisdom rather than
conclude that the CHOK has no purpose.  [Note for example how Ramban
mentions if this final halacha that "korbanot" are a classic example
of CHUKIM, yet in his MOREH NEVUCHIM he makes effort to explain the
reason and logic for each and every type of korban! In fact, Rambam
claims that if we were aware of all the various types of Avodah Zarah
that existed in the time of Yetziat Mitzraim, we would be able to
understand the reason for ALL of the CHUKIM of korbanot! [See Moreh
III, the closing two paragraphs of chapter 49.] In fact, one could
consider Rambam's attempt in Moreh Nevuchim to provide a reason for
the various laws korbanot an example of what he suggested in Hilchot
Meillah 8:8 - i.e. that we attempt with the best of our ability to
understand the reasons for CHUKIM as well.]
 This dialectic, where on the one hand we must 'blindly' accept each
and every one of God's CHUKIM, even though we may not understand them,
yet at the same time we are encouraged to make every intellectual
effort to attempt to comprehend their reason - is a beautiful example
of the challenge of our faith in God. In Judaism, our faith in God can
only be enhanced by our constant quest for reason and truth.

       shabbat shalom,
       menachem
==============
FOR FURTHER IYUN
1. In Sefer Devarim, it appears that the word TORAH is used in a very
general context, referring to entire set of mitzvot including many
chukim and mishpatim. See 1:5, 4:44 - "v'zot ha'Torah asher sam
Moshe...", 27:3 etc. 
 However, if you remember our study of the main speech of Sefer
Devarim, the use of the word Torah may remain in its original context
as a procedure. To determine what the goal of that overall procedure
is, note carefully 5:1-2, 5:28, 6:1, and most important -the closing
psukim of that speech in 26:16-19, and relate to Shmot 19:5-6! 
    In other words, the entire set of laws recorded in the main speech
in Sefer Devarim (chapters 5-26) are consistently referred to as a
"torah" - for they comprise the 'procedure' for how to make Am Yisrael
an "am kadosh" - just as God originally proposed (and Bnei Yisrael
accepted) at Maamad Har Sinai!]

2. Can you find the logic of this chok that one who makes someone else
tahor becomes tamey?  Is there a law of 'the conservation of tumah'?!
[Ask anyone in the "kiruv" business!]

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