[Par-lite] KEDOSHIM - shiur #3
Menachem Leibtag
tsc at bezeqint.net
Thu May 1 04:39:26 EDT 2008
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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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PARSHAT KEDOSHIM - shiur #3
The Repetition of the "ARAYOT"
[revised 5767]
If you ever paid attention to the final psukim
in Parshat Kedoshim, you must have been terribly
bothered by the last pasuk of the Parsha. As anyone
will immediately notice, it simply doesn't belong there!
Furthermore, did you ever notice that Vayikra
chapter 20 (the last chapter of Parshat Kedoshim) is
almost a repeat of chapter 18 (the last chapter of
Parshat Acharei Mot)?
In the following shiur we attempt to tackle
these questions by uncovering the special internal
format of chapter 20 (better know as a chiastic
structure).
[Our conclusion will also help us better appreciate why
Parshat Kedoshim is located in the middle of Sefer
Vayikra.]
INTRODUCTION
Take a minute to review the final few psukim of
Parshat Kedoshim (at least 20:23-27). While doing so,
note how the second to last pasuk of Parshat Kedoshim
could have formed a beautiful conclusion for the entire
sedra:
"And you shall be holy [kedoshim] to Me, for I the Lord
am holy, and I have set you apart from other nations to
be Mine" (20:26).
However, instead of ending on that profound
note, the Torah 'adds on' an extra pasuk that appears to
be just 'dangling on' to this otherwise perfect ending:
"And any man or woman who has an OV or a YID'ONI shall
be put to death, they shall be pelted with stones..."
(20:27).
[Once again, review the 20:20-27 to
verify this.]
Furthermore, over half of the specific laws and
general statements found in chapter 20 were already
mentioned in chapter 18!
We begin our shiur by undertaking a study of the
nature of this repetition. Our conclusions will assist
us in our study of the internal structure of chapter 20.
A REPEAT OF THE 'ARAYOT'
Take a few minutes to compare chapter 20 with
chapter 18 (especially 18:6-23 with 20:10-21; 18:1-5
with 20:8; and 18:24-30 with 20:22-25).
You'll find that almost every mitzva that was
mentioned in chapter 18 (especially the 'arayot' - the
forbidden marital relationships) is repeated in chapter
20; and most of the general commandments 20:22-24 are
repeats of 18:26-28!
However, if you take a closer look, you'll
notice how the manner of presentation of these mitzvot
in each chapter is quite different. The basic
differences are as follows:
In chapter 20 we find a SPECIFIC punishment for
each transgression. In contrast, chapter 18 simply
states that these ARAYOT are forbidden [note the
repetition of phrase 'lo tegaleh ervatan'], without
informing us what specific punishment the Jewish court
[bet din] should exact upon them. The punishment is
only mentioned in passing at the conclusion of chapter
18, where we are told that God will 'cut off from His
nation' anyone who transgresses (what we call 'karet' /
see 18:29).
For this reason, the order [of the arayot] in
each perek is different. In chapter 18, they follow
(more or less) the order of family closeness, daughter,
etc.), while the order in chapter 20 follows the
severity of the punishment.
Furthermore, in chapter 20 we find the concept
of KEDUSHA, while in chapter 18 we find only the concept
of TUM'A.
Finally, chapter 20 includes some additional
laws such as OV & YID'ONI. [Note 20:6 & 20:27.]
We'll return to this analysis shortly; however,
before we continue we must first take into consideration
the internal structure of chapter 20, which happens to
be rather intriguing.
A CHIASTIC STRUCTURE
Within chapter 20 [note that chapter 20
constitutes an independent 'parshia'], we find a
chiastic structure [ABCDCBA] that beautifully explains
why the last pasuk only appears to be 'out of place'.
To illustrate this special structure, the following
chart shows how the opening set of psukim are 'balanced'
by a concluding set of psukim that deal with parallel
topics.
While studying the chart (and the psukim!), note how
the laws concerning the arayot in 20:9-21 are
'enveloped' by several sets of matching mitzvot:
VAYIKRA CHAPTER 20
==================
A - Punishment for MOLECH and OV & YID'ONI (20:1-6)
| B - "ve-HITKADISHTEM vi-heyitem kedoshim..."
(20:7)
| | C - Keep My CHUKIM...[intro to arayot]
(20:8)
| | | D - The specific cases of the
arayot (20:9-21)
| | C - Keep all My CHUKIM... [or else..."
(20:22-23)
| B - ".. vi-heyitem li KEDOSHIM, ki KADOSH
ani..." (20:24-26)
A - Punishment for transgression of OV & YID'ONI (20:27)
Let's see now what we can learn from this
structure.
First we will explain why (and how) each set of
psukim is linked (i.e. A to A, B to B, etc.
Afterward, we will explain how this structure
relates to chapter 18 and the theme of Sefer Vayikra.
A->A / THE 'MISSING' DETAIL
First of all, by setting up the psukim in this
manner, we immediately see how the last pasuk of chapter
20 (i.e. 20:27) forms the 'bookend' for 20:1-6! In
fact, 20:26 is more than just a 'matching bookend'; it
actually contains an important law that is missing in
20:1-6. Let's explain:
In 20:1-6 we find:
a) the punishment by BET DIN for MOLECH
i.e. death by stoning (see 20:2)
b) the punishment by God for MOLECH
"ve-samti PANAI ba-ish ha-hu..." (see
20:4-5).
Then, we find:
c) the punishment by God for OV & YID'ONI
"ve-natati PANAI ba-nefesh ha-hi..."
(see 20:6)
But, we are missing:
-> the punishment by BET DIN for OV & YID'ONI!
In other words, even though 20:1-6 explains BOTH
the punishment by BET-DIN & by God for MOLECH, for OV &
YID'ONI we find only the punishment by God, while the
punishment by Bet Din is missing. Therefore, 20:26 -
which informs us that the punishment by BET DIN for OV &
YID'ONI is death by stoning - complements the laws in
20:1-6.
[In the further iyun section, we will explain why
specifically this law was taken from the 'header' and
placed in the 'footer' of this unit; but in the meantime
it is important that we recognize that these psukim form
the 'bookends' of the entire parshia.
B->B / BACK TO PARSHAT SHMINI
The obvious textual parallel is the almost
identical pasuk of "ve-hitkadishtem vi-heyitem
kedoshim..." (see 20:7 & 20:26). In addition, the
concluding psukim of Parshat Shmini (see 11:44-47)
provide us with an even stronger connection between 20:7
to 20:24. [To keep the shiur more concise, you'll need
to find that parallel on your own.]
C->C / A FAMILIAR 'ENVELOPE' FOR [D]
Here we find a matching set of psukim that
should not surprise us, for they repeat the same pattern
that was already found in chapter 18. Let's explain:
Recall from last week's shiur how chapter 18
began with a 'header' (see 18:1-5) forming a very
general introduction, and concluded with a similar
'footer' (see 18:26-30). This general header and footer
'enveloped' the more specific list of arayot (see
18:6-25)! As you may have noticed, the list of arayot
in chapter 20 (i.e. 20:9-21) is 'surrounded' by a very
similar 'header' and 'footer' of 'u-shmarten et
chukotai...' (see 20:8 and 20:22). Note as well how
both 'footers' in chapter 18 and in chapter 20 include a
warning that the land will kick out those who transgress
these laws.
Using the above chart, we would simply say that
the partial format of [C-D-C] in chapter 20 parallels
the entire format of chapter 18.
FROM TECHNICAL TO THEMATIC
Up until this point, our discussion has been
very technical, simply showing how the Torah presents
the laws of chapter 20 in chiastic form; and in a manner
parallel to chapter 18. Now we must attempt to uncover
the thematic significance of this presentation. To do
so we must consider the progression of the parshiot in
Sefer Vayikra and their connection to the themes in
Chumash that we have discussed in our study of Sefer
Shmot.
WHAT'S DIFFERENT?
As we have already noted, most of the laws in
chapters 20 were already mentioned in chapter 18.
Therefore, to understand why the Torah repeats these
laws, we must consider the two primary details which
chapter 20 adds (as we noted in our above introduction):
1) Punishment (usually the death penalty / 'mot
yumat...') for each transgression.
2) The concept of KEDUSHA.
Even though chapter 18 teaches us that all of
the arayot are forbidden, it does not detail the precise
penalty for each transgression. It simply informs us
that these acts 'defile' the land [= TUM'A / see
18:24-25], and that God will 'cut off' those who
transgress [= KARET / see 18:29].
Now in chapter 20, the Torah informs us that the
people are responsible to punish those who transgress
(see 20:2,9,10 etc.). In other words, chapter 20
empowers bet din (the Jewish Court) to enforce these
laws. In fact, enacting the death penalty (by stoning)
is both the first and last topic of the perek, while
each pasuk from 20:9-21 (detailing each of the arayot)
concludes with a form of punishment by bet din.
Note also how the Torah introduces these
punishments for the "arayot" (before they are detailed)
with the statement: 've-hitkadishtem...' -and you should
make yourselves HOLY (see 20:7) - and closes them in a
similar manner (see 20:26 / B->B above). However, in
chapter 18, we find no mention at all of KEDUSHA; only
TUM'A!
This contrasting parallel suggests that the
Torah considers the act of setting up a judicial system
to enforce God's special laws as a form of KEDUSHA!
Why is specifically this considered kedusha?
Furthermore, why doesn't the Torah simply combine the
laws in chapters 18 & 20 together? What do we gain by
first learning that these acts are forbidden, and then
only later find out that bet din is empowered to punish
he who transgresses?
To answer these questions, we must consider the
progression of parshiot from chapter 18 to 20.
A THEMATIC PROGRESSION
Recall (from the shiur on Acharei Mot) how Sefer
Vayikra divides into two distinct sections:
1) Chapters 1-17 - laws relating to the mikdash.
2) Chapter 18-26 - laws concerning the nation &
kedusha.
Recall as well how chapter 18 (with its
introductory psukim emphasizing ANI HASHEM) forms the
introduction to the second half of Sefer Vayikra. Let's
take note of the progression of parshiot in the first
part of this section:
Chapter 18:
* Reject Egyptian & Canaanite culture i.e. how not
to act
* Follow My laws instead, i.e. how you should act
* Specific examples of how not to act –
i.e. the prohibition of the "arayot"
[which are primarily 'mitzvot bein adam la-Makom'].
* How GOD will punish those who transgress (and
that nation).
Chapter 19:
KEDOSHIM TIHEYU - Be holy!
i.e. examples of how Am Yisrael should act!
[Primarily 'mitzvot bein adam
le-chaveiro'. ]
As we explained in last week's shiur - taking the
principles of the Ten Commandments, and raising them to
a higher level in a manner which affects every aspect of
daily living.
No mention of punishment by bet din.
[Instead, the repetition of ANI HASHEM (in both
chapters) for He will punish those who transgress and
reward he who follows. See Rashi 18:2!]
Chapter 20:
Punishment by BET-DIN for those who transgress
the mitzvot (recorded in chapter 18). / as explained
above.
Let's consider what we may infer from this
progression.
First, God tells Am Yisrael how they should NOT
act, then how they SHOULD act, and that they must follow
these rules - simply because He says so - summarized by
the statement: ANI HASHEM!
In other words, we must follow these laws - not in
fear of their punishment (by society), but only out of
the love (or fear) of God.
Only afterward, in chapter 20, God commands Am
Yisrael to enforce these laws, in order to ensure that
they become a 'mamlechet kohanim ve-goy KADOSH'! Hence,
the nation itself must set up a judicial system to
enforce them.
BACK TO A-A
As our thematic analysis has shown, chapter
twenty focuses on the responsibility of Bet Din to
enforce the laws (originally detailed in chapter 18) by
punishing those who transgress. Just as the middle
section of this chiastic structure highlights this
responsibility, the opening and closing sections in the
chiasmus of chapter 20 emphasize this very same point.
Recall how chapter 20 begins specifically with the
responsibility of Bet Din to punish a person who
worships Molech, and concludes with Bet Din's
responsibility to punish a person who practices the cult
of OV & YIDONI. Even though it who have appeared
to more logical for both of these laws to appear in the
middle section, - to highlight the theme of punishment
by Bet Din in chapter 20, Chumash places one law as the
'opener' and the other as the closing pasuk.
THE SAME THREE STAGES IN SEFER SHMOT
In a certain manner, the progression from
chapter 18 through chapter 19 till chapter 20 is quite
similar to the sequence of events in Sefer Shmot. Let's
explain:
Recall that as the process of Yetziat Mitzrayim
began, God's first commandment to Bnei Yisrael (when
they were still in Egypt) was that they recognize ANI
HASHEM (see Shmot 6:4-8), and hence to rid themselves of
Egyptian culture. In our shiur on Parshat Va'era we
proved this from Yechezkel 20:5-11. [Note the parallels
between that perek in Yechezkel and Vayikra chapter 18,
i.e. the phrase ANI HASHEM and the commandment to rid
themselves from Egyptian culture. (Compare 18:1-5 to
Yech. 20:5-10.)]
Recall as well that at MARA (after Bnei Yisrael
left Egypt and crossed the Red Sea) God repeats this
commandment, to prepare them for Matan Torah at Har
Sinai. [See Shmot 16:26-27.]
Hence, those events would parallel Vayikra
chapter 18.
Then Bnei Yisrael arrive at Har Sinai and
receive the Ten Commandments. As we discussed in our
first shiur on Parshat Kedoshim, the mitzvot in chapter
19 are presented in a manner quite similar to the Ten
Commandments in Parshat Yitro. Hence Matan Torah would
be parallel to Vayikra chapter 19.
Finally, the Ten Commandments are followed by
Parshat MISHPATIM, which introduces an entire set of the
civil laws, together with the specific punishment that
BET-DIN must execute for each transgression. Here we
find a parallel to Vayikra chapter 20, for there too we
find the specific punishments that BET-DIN must execute
for the transgressions that were first mentioned in
chapter 18.
The following chart summarizes this parallel
between Shmot and Vayikra.
SHMOT VAYIKRA
REJECT Egyptian culture: Va'era / 6:4-8
chapter 18
FOLLOW GOD'S LAWS: Yitro / 20:1-14 chapter
19
PUNISHMENT BY BET DIN: Mishpatim chapter
20
A HIGHER LEVEL
The above chart can help better appreciate how
Sefer Vayikra takes the principles of Sefer Shmot and
raises them to a higher level. It can also help us
understand the repetition of the arayot in Vayikra
chapter 20.
Just as Vayikra chapter 19 takes the Ten
Commandments of Sefer Shmot and raises them to a higher
level, so too Vayikra chapter 20 can be understood as an
'upgrade' for the laws in Parshat Mishpatim. Recall
from our study of Parshat Mishpatim how chapter 21
details the punishments that bet din is instructed to
enforce for the most basic cases of CIVIL laws. Albeit
the importance of this judicial system, it can be found
in almost every society. In Sefer Vayikra, where the
Torah emphasizes how we are to become a special nation -
an AM KADOSH, bet din is now entrusted with the power to
enforce not only the classic civil laws, but also the
special laws that Bnei Yisrael must keep. In this
manner, bet din duty is to enact punishment in order to
assure that Bnei Yisrael indeed become an "am kadosh".
TO WARN OR TO PUNISH
Nevertheless, we must still explain why it is
necessary for Sefer Vayikra to first explain what is not
permitted WITHOUT mentioned punishment by bet din, and
then later repeat those laws together with their
specific punishments. Furthermore, we must explain why
these two parshiot that deal with the same topic (i.e.
chapters 18 and 20) are interrupted by the laws of
'kedoshim tihiyu' in chapter 19.
This progression and parallel could be
understood as striking the fine balance between realism
and idealism. Ideally, we would prefer that the
individual follow God's laws simply because God has
commanded, and NOT out of fear that bet din may punish
him. Therefore, the Torah first presents these laws
while reminding us that ANI HASHEM, without mentioning
at all that bet din is required to enforce them. Only
afterward, God commands our society to set up a court
system that will enforce these laws, in order to make
sure that Am Yisrael indeed does become a GOY KADOSH.
However, the enforcement of these laws by bet
din must be preceded by a set of laws that focus on the
kedusha of Am Yisrael, and hence how Bnei Yisrael SHOULD
act. Once Bnei Yisrael can indeed establish a society
of an AM KADOSH (by fulfilling the mitzvot of chapter
19), then it becomes important that bet din becomes
involved in enacting punishment for those who transgress
the laws of kedusha as well. Nonetheless, the emphasis
of bet din must be first on foremost of the positive
aspects of 'kedoshim tiyihu', while their responsibility
to punish transgressors should become secondary to that.
This concept of KEDUSHA that God expects that we
act on a higher level IN ORDER that we become worthy to
be His people is reflected in the concluding pasuk of
chapter 20:
"And you shall be HOLY for Me, for I am Lord am Holy,
for I HAVE SEPARATED YOU FROM THE OTHER NATIONS TO BE
MINE!"
(see 20:26).
THE NAME FOR BET DIN
Even though our entire shiur has assumed that
the punishments detailed in chapter 20 must be carried
out by Bet-Din (the Jewish court), Chumash never uses
those words to describe the court. Instead, the opening
psukim require that the "am ha'aretz" – the People of
the Land – shall stone him (see Vayikra 20:2).
Rashi (on that pasuk) immediately comments that "mot
yu'mat" [he shall be put to death / 20:2] refers to a
court decision made by Bet Din – yet the question
remains, why the phrase "am ha'aretz" is used.
Rashi offers several explanations. The first
(quoting Torat Kohanim) is rather technical, explaining
that if Bet Din cannot execute its decision, then the
people should come to their assistance. In his second
explanation, Rashi offers a more thematic approach (also
based on Torat Kohanim), suggesting that the "aretz" –
the Land – refers to the special nature of the Land of
Israel – which deserves to be inherited on the condition
that the people of Israel act properly, and can be
thrown out should they defile the land (see Vayikra
18:24-29 & 20:22-24).
As this type of behavior could cause the 'People of
the Land' to lose their land, therefore the 'People of
the Land' are responsible to punish those who
transgress, for those people are not only hurting
themselves, they are harming the entire nation.
REPRESENTING GOD OR THE PEOPLE?
It is interesting to note that in Parshat Mishpatim,
which also discusses punishments – Chumash consistently
refers to Bet-Din as "elohim" (see Shmot 21:6,
22:7-8,27 and the commentators); while in Parshat
Kedoshim, Bet Din is referred to as "am ha'aretz".
One could suggest a very simple reason. In regard
to transgressions in the realm of civil law ["bein adam
'chaveiro], the judges of Bet Din must feel that they
carry the responsibility of God on their shoulder; while
in the realm of 'religious law' ["bein adam la'Makom"],
Bet Din must carry the responsibility of the entire
nation – who are striving to create a society of an "am
kadosh".
In that sense, Bet Din carry a 'double-identity'.
On the one hand, they represent their society, but on
the other hand they must also feel as though they are
working on behalf of God Himself.
As we strive to grow as an "am kadosh", we must also
strive to be worthy of Judges of this stature.
shabbat shalom,
menachem
==========================
FOR FURTHER IYUN
A. OV & YID'ONI
In our shiur, we did not explain why
specifically the law of OV & YID'ONI is singled out, and
used to conclude the parshia.
First of all, note Rashi on this pasuk, who
quotes the midrash halacha that learns out from this
special structure that just like OV & YID'ONI who is
'chayav KARET' (see 20:6) and with warning (see 19:31)
he is 'chayav sekila' [stoning / see 20:27], so too for
any other transgression... - see Rashi!
From a thematic angle, based on Sefer Devarim,
OV & YID'ONI takes on additional significance. See
Devarim 18:9-15 where the Torah forbids us to approach
any type of 'future teller' or 'soothsayer' including
the OV & YID'ONI. Note how similar those psukim are to
Vayikra chapter 18!! There, the Torah explains how we
must follow the guidance of a NAVI, and not look for
guidance from those who use 'other methods'.
Every nation has its spiritual leaders. To
become an AM KADOSH, we must be sure not to follow after
these people who offer 'shortcuts' to spirituality by
'bringing up the dead' or 'reading palms' etc. As God's
nation, we must recognize that our fate is solely in the
hands of God, and thus a direct function of our deeds.
Belief that certain events are pre-determined or
believing that by bringing up the dead we can get an
'inside word' on what will happen, etc. negates the very
basics of Judaism and our belief in 'hashgachat Hashem'
as a function of our deeds. [see daily kriyat shma etc.
/ 've-akamal']
B. VE-HITKADISHTEM...
In the above shiur, we saw how the concept of
KEDUSHA was introduced hand in hand with the mitzva that
bet din enact punishment against those who do not follow
God's special laws.
Here, we find an amazing parallel (once again)
to the events at Har Sinai. Recall that first time in
the Torah that we find an act of KEDUSHA by man [i.e.
've-kidashtem...'] is at Har Sinai, when God commands
Moshe to prepare Bnei Yisrael for Matan Torah: "Go to
the people - ve-KIDASHTAM" (Shmot 19:10), and again in
19:14: "va-yered Moshe, va-yeKADESH et ha-am..."
What did Moshe do that the Torah considers it
'leKADESH'?
Review 19:10-14, noting that Moshe warns them: "do not
go near your wives" (19:15) [similar to the laws of
arayot), and sets up policemen to guard the mountain
instructing them to KILL anyone who touches the mountain
[by stoning / see 19:12-13]! This is quite similar to
the laws in chapter 20 which introduce KEDUSHA with
appointing bet din to enforce God's laws which relate to
the fact that the SHCHINA is now present in the camp.
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