[Par-lite] For parshat Chukat - additional shiur

Thu Jun 17 08:20:38 EDT 2010

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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 inherent '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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