[Par-new] Parshat Kedoshim - additoinal shiur (revised from last year)

Fri Apr 27 06:56:59 EDT 2007

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

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.

-------------- next part --------------
A non-text attachment was scrubbed...
Name: kdosh3.pdf
Type: application/pdf
Size: 42222 bytes
Desc: not available
Url : http://www.atlchai.org/pipermail/par-new/attachments/20070427/32495d26/attachment-0001.pdf 