[Par-lite] for Parshat Parah

[Menachem Leibtag]

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