[Par-reg] for Parshat Kiteze - additional shiur

Menachem Leibtag tsc at bezeqint.net
Thu Sep 4 16:11:01 EDT 2014


*********************************************
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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

*********************************************
****************

 

           for PARSHAT KI-TETZEH  [& CHODESH
ELUL!]

 

     There are two psukim in this week's
Sedra that can be

understood in many different ways, yet no
matter how we

interpret them, their underlying message is
especially

important for the month of Elul (and the rest
of the year as

well).  In the following shiur, we take a
break from our

thematic study of Sefer Devarim, to delve
into the world of

'parshanut' [Biblical commentary].

 

INTRODUCTION

     Although most of the laws in Parshat
Ki-Tetzeh deal with

'mitzvot bein adam le-chavero' [man and his
fellow man], one

exception calls our attention:

  "Be very careful with regard to [the laws
concerning] a

  'nega tzara'at' (a type of skin infection)
- do exactly

  as the levitical priests instruct you"
(24:8).

 

  This sort of warning - to observe the laws
of 'tzara'at'

[leprosy] - is certainly an anomaly in Sefer
Devarim.

  First of all, the laws of leprosy were
first presented in

Sefer Vayikra (see chapters 13 &14) together
with numerous

other laws of 'tum'a' & 'tahara' [spiritual
uncleanliness].

However, Sefer Devarim does not remind us
concerning any of

those laws (nor any other laws from the first
18 chapters of

Sefer Vayikra), other than this lone mention
to keep the laws

of tzara'at.

  Secondly, most all of the other laws in
Parshat Ki Tetzeh

deal with 'bein adam la-Makom' [matters
between man and God],

while this warning seems to be quite
different.

  Finally, this pasuk doesn't appear to teach
us anything new.

 

     Therefore, when studying this pasuk, we
must consider

these three issues: i.e.  1) Why do we find
here a mitzva bein

adam la-Makom?  2) What specific law is being
added that has

not already appeared in Sefer Vayikra?   3)
Why does Sefer

Devarim introduce, uncharacteristically, a
law from the first

half of Sefer Vayikra?

 

LEPROSY & MIRIAM [Rashi]

     The simplest answer to the above
questions is based on

its connection to the next pasuk:

  "Remember what God did to Miriam, on your
journey when

  you left the land of Egypt" (24:9).

 

     This pasuk clearly refers to the
incident recorded in

Parshat Beha'alotcha, when Miriam contracts
tzara'at following

her complaints regarding Moshe's marriage to
an 'isha kushit'

(see Bamidbar 12:1-16).

  This juxtaposition of the commandment to
remember how Miriam

was punished with tzara'at for speaking
'lashon ha-ra' [evil

talk] against her brother, leads many
commentators to the

obvious conclusion that the Torah's
'reminder' concerning

tzara'at is in essence a reminder not to
slander.  In other

words, by reminding us not to speak lashon
ha-ra immediately

after the warning concerning the laws of
tzara'at, the Torah

seems to enlist the laws of tzara'at as a
(polite) reminder

not to speak lashon ha-ra!

 

     For example, Rashi's opening commentary
to this pasuk

seems to make exactly this point:

       ["Remember what God did to Miriam"
(24:9):]

  "If one wants to be careful not to contract
tzara'at at

  all - then don't speak lashon ha-ra [in the
first place].

  Remember what happened to Miriam when she
spoke against

  her brother..." (see Rashi 24:9).

 

     Not only does this interpretation reveal
the underlying

significance of these laws, it also answers
the questions

raised earlier.  The laws of tzara'at are
mentioned in Parshat

Ki Tetzeh specifically because they in fact
do relate to bein

adam le-chavero!  It also explains why the
pasuk here includes

only a very general warning concerning
tzara'at, to get to the

point of lashon ha-ra.  However, there is no
need to repeat

the technical details of tzara'at, as they
have already been

discussed in Sefer Vayikra.

 

DRASH = PSHAT [Ibn Ezra]

     It is worthwhile to note in this context
Ibn Ezra's

comments on this pasuk.  Not only does he
apparently agree

with Rashi's interpretation, he even adds a
comment that the

pshat of these psukim in Devarim, supports a
midrashic

interpretation in Sefer Vayikra:

  "From here (this pasuk) we find support for
the midrash

  (of Vayikra Rabba 16:1): don't read
'MeTZo'RA' - rather

  'MoTZi shem RA'" (a cute abbreviation).

 

     In other words, Ibn Ezra (a big 'fan' of
pshat) finds

support for the midrash in Sefer Vayikra
concerning the laws

of metzora based on the pshat of the psukim
in Sefer Devarim!

 

NOT SO FAST

     Despite the simplicity and beauty of
this interpretation,

several serious questions emerge.

     First of all, why doesn't the Torah just
tell us 'don't

speak lashon ha-ra?  What is gained by merely
inferring this

conclusion from the story of Miriam and the
laws of tzara'at?

     Furthermore, does it make sense for the
Torah to recall a

'bad story' concerning Miriam in order to
teach us not to tell

'bad stories' about other people?!

     Finally, why does the Torah emphasize
(in 24:8) that we

must follow the procedures specifically in
accordance with the

kohanim's instructions?  If the message is
simply not to speak

lashon ha-ra, the first half of the pasuk
would have sufficed

as ample warning.

     Due to these difficulties, Rashbam &
Chizkuni will

explain these two psukim in a radically
different manner.  On

the other hand, Rashi and Ramban will remain
'loyal' to the

lashon ha-ra approach; however, their
commentaries will

reflect how they grappled with these
difficulties as well.

  [It is highly recommend that you first
study (or at least

  read) those commentaries on your own before
continuing.]

 

DON'T BE YOUR OWN DOCTOR!  [Rashi]

     Let's begin with the 'simple' question:
If 24:8 simply

serves as a general warning to follow the
proper procedures

regarding tzara'at (as we concluded above),
then it would have

sufficed to say, "Be careful to keep the laws
of tzara'at."

What are we to learn from the second clause:
"follow exactly

what the levitical priests instruct you" (see
24:8)?

     Based on this redundancy, the Gemara in
Makkot (22a)

concludes that this pasuk includes more than
just a general

warning; rather it teaches us an additional
law.  Rashi cites

the Gemara's explanation that this pasuk
forbids an individual

to surgically remove a tzara'at infection
from his skin (by

himself) before showing it to the kohen.

     Basically, according to this
interpretation, this pasuk

teaches us that one 'cannot be his own
doctor' with regard to

tzara'at.  Instead, he must show his
infection to the kohen

(priest) and obediently follow the kohen's
'diagnosis'.

     Here we find a classic example of
midrash halacha.

Chazal derive an additional halacha (which
does not appear

explicitly in the text) from an 'extra'
phrase in a pasuk,

based on the content and context of the
otherwise superfluous

expression.

  [It is important to note that this midrash
halacha does

  not contradict our earlier conclusion
concerning the

  connection between tzara'at and lashon
ha-ra; it simply

  adds an additional law.  Note that Rashi
brings down both

  interpretations!  See also Further Iyun
section.]

 

     Let's continue now with the more obvious
question: i.e.

what does the Torah gain by recalling the
incident with

Miriam?  Would it not have been more
effective to simply

admonish in straightforward fashion: 'Don't
speak lashon ha-

ra'?

     Most probably for this reason, Rashbam
and Chizkuni's

suggest a very different approach.

 

NO ONE IS ABOVE THE LAW!  [Rashbam]

      In contrast to the approach of Rashi &
Ibn Ezra (and our

original explanation), that the primary
purpose of these

psukim is to prohibit lashon ha-ra, Rashbam
points us in a

totally different direction.  Let's take a
look:

  "Be careful to keep the laws of tzara'at:
[This comes to

  teach us that] even with regard to [an
important person]

  like King Uziyahu - do not honor him
(should he become a

  metzora / see Divrei Hayamim II 26:11-22).
Instead, send

  him outside the camp [as Miriam was sent].
for remember

  what happened to Miriam: Even though she
was a prophetess

  and Moshe's sister, they did not honor her;
instead, they

  sent her outside the camp..."

    [See Rashbam 24:8-9 / In that story in
Divrei Hayamim,

    King Uziyahu was struck with tzara'at
after he haughtily

    entered the kodesh kodashim to offer
ketoret.]

 

     According to Rashbam, the primary focus
of these psukim

relates indeed to the laws of leprosy and
'protektzia' - and

hence has nothing to do with lashon ha-ra.

  Note how this interpretation resolves
almost all our

questions (raised above).  Although the
technical details of

tzara'at have already been recorded in Sefer
Vayikra, Sefer

Devarim (in its discussion of various laws
concerning daily

life in the community of Israel) commands us
not to make any

exceptions for special people - i.e. no
'protektzia'!

     Hence, the Torah mentions the case of
Miriam to emphasize

precisely this point of 'no exceptions' (with
regard to

tzara'at).  We cannot, therefore, according
to Rashbam, infer

from these psukim a conclusive connection
between the cause

for tzara'at and lashon ha-ra.

     Note as well that the story of Miriam in
Parshat

Beha'alotcha provides only 'circumstantial
evidence' for such

a connection.  Recall that the Torah never
states explicitly

that lashon ha-ra was the cause of Miraim's
leprosy!  In fact,

most other occurrences of tzara'at in Tanach
involve the

problem of 'ga'ava' [arrogance] - e.g. the
cases of Uziyahu

(see Divrei Hayamim II 26:16-20) and Na'aman
and Gechazi (see

Melachim II chapter 5).  See also Shmot
4:6-8, 'Ve-akmal'.]

 

     Rashbam is not alone in his approach.
Chizkuni (on 24:8-

9) explains these psukim in a similar
fashion:

  "Keep the laws of tzara'at: Do not grant
special honor to

  important people by exempting them from
banishment from

  the camp.  Remember what God did to Miriam
- even though

  she was sister to the king and high priest,
she was

  nevertheless banished outside the camp for
the entire

  seven-day period."

  

  Rashbam and Chizkuni agree that the primary
purpose of these

psukim is to teach us that everyone is equal
under the law,

and hence, not to make exceptions for VIP's.
Note, that this

approach as well provides us with a good
reason for including

this law in Parshat Ki Tetzeh, as it falls
into the category

of bein adam le-chavero, and it reflects
God's expectation

that Am Yisrael live by higher moral
standard.

 

     How about Ramban?  We've intentionally
saved him for

last, because his approach (as usual) is the
most

comprehensive, addressing textual and
thematic parallels to

other parshiot in Chumash.  We will show how
his approach (in

this case) is both 'educational' like Rashi's
and faithful to

pshat no less than Rashbam's.

  [Incidentally, this is why Ramban's
commentary is usually

  much longer and complex than Rashi's.  On
the other hand,

  specifically because of his brevity, Rashi
has earned

  more widespread popularity.]

 

REMEMBER THE OTHER 'ZACHOR'S'!  [Ramban]

     Note, that just about all of the
interpretations of 24:8-

9 thus far how considered the warning to
follow the laws of

leprosy in 24:8 ['hi-shamer...'] as the
primary point- and the

'reminder' to remember what happened to
Miriam in 24:9

['zachor...'] as secondary.  Ramban will do
exactly the

opposite, showing how the Torah's primary
commandment is

zachor in 24:9, and hishamer in 24:8 simply
serves as a lead

up to the primary point in 24:9!

     Ramban begins by quoting Rashi's
explanation that

guarding one's tongue against lashon hara
prevents the onset

of tzara'at; and (for a change), this time
Ramban actually

quotes Rashi because he agrees (and not as a
set up to

disagree).  However, Ramban takes Rashi's
approach one step

further, demonstrating that what Rashi
considers 'drash' may

be not only 'pshat', but should even be
counted as one of the

613 mitzvot!

  "In my opinion this [commandment of zachor
in pasuk 24:9]

  should be considered a positive commandment
- [i.e. it

  should be counted as] an actual mitzvat
aseh" [see Ramban

  24:9].

 

     To our amazement, Ramban considers
zachor - what appeared

to be simply a 'reminder' - as a positive
commandment to daily

remember (or possibly even recite) the
incident involving how

Miriam contracted tzara'at after speaking
about her brother.

  How does Ramban reach such a daring
conclusion that this

should be counted as one of the 613 mitzvot!?

  

     One could suggest that Ramban's approach
stems from his

'sensitive ear' to the Torah's use of key
phrases.  When

Ramban hears the opening phrase: "Zachor et
asher asa

Hashem..." he is immediately reminded of
three other instances

where the Torah introduces a mitzva with a
similar expression:

* 1) Shabbat - "Zachor et yom ha-shabbat"
(Shmot 20:7)

* 2) Yetziat Mitzrayim - "Zachor et
ha-yom..." (Shmot 13:3)

* 3) amalek - "Zachor et asher asa lecha
Amalek..."

         (see Devarim  25:17)

 

     Ramban cites these three examples as
proof that a pasuk

beginning with the word zachor... constitutes
a positive

commandment (a 'mitzvat aseh'); and hence,
our case should be

no different.

     But what is this mitzva?  Why would the
Torah have us

remember a 'not so nice' story about Miriam?

     Like an artist, Ramban beautifully 'puts
all the pieces

together,' explaining this seemingly
enigmatic pasuk in light

of our earlier questions.  Like Rashi and Ibn
Ezra, he points

to lashon ha-ra as the central topic of these
psukim.  This is

why the incident of Miriam is introduced and
why the issue of

tzara'at is mentioned altogether in Parshat
Ki-Tetzeh, in the

context of mitzvot bein adam le-chavero.

  However, Ramban's interpretation also
explains the advantage

of employing Miriam to present this mitzva
(rather than

stating it explicitly):

  "... Hence, this is a warning (of the
Torah) not to speak

  lashon ha-ra, commanding us to remember the
terrible

  punishment that Miriam received [even
though she was] a

  righteous prophetess, and she spoke only
about her

  brother (not someone outside the family)
and only

  privately with her brother (Aharon), not in
public, so

  that Moshe himself would not be
embarrassed... But

  despite these good intentions, she was
punished.  How

  much more so must we be careful never to
speak lashon ha-

  ra... (see Ramban 24:9).

 

     According to Ramban, the Torah doesn't
mention Miriam to

tell us how bad her sin was.  On the
contrary, the incident of

Miriam (who, as everyone knows, was righteous
and had only

good intentions) emphasizes how careful we
must all be in all

matters which may involve even the slightest
degree of lashon

ha-ra.  This pasuk reminds us that punishment
was administered

even in the case of Miriam's mild lashon
ha-ra.

     Based on the parallel to other instances
of the word

zachor, the Ramban concludes that mere
recollection does not

suffice.  We are obligated to verbally
recount this

unfortunate incident every day [just as
Kiddush on Shabbat

fulfills the obligation of 'zachor et yom
ha-shabbat

lekadsho...']!  Ramban understands these
psukim as not merely

some good advice, but as a commandment to
retell this incident

on a daily basis, in order that we remember
not to make a

similar mistake, even should we have 'good
intentions'.

  [See also Sifra on Vayikra 26:14 [Torat
Kohanim

  Bechukotai Alef 2-3].  This probably
explains the

  'minhag' [custom] of reciting this pasuk
each day after

  shacharit - see the six 'zechirot' at the
conclusion of

  shacharit in your siddur!]

 

     Ramban's closing remarks are most
significant, as they

reflect another important aspect of his
exegetical approach:

  "For how could it be that lashon ha-ra -
which is

  equivalent in its severity to murder -
would not be

  considered a [full fledged] mitzva in the
Torah! ...

    Rather, this pasuk serves as a serious
warning to

  refrain [from lashon ha-ra], be it in
public or in

  private, intentional or unintentional...and
it should be

  considered one of the 613 mitzvot..." (see
Ramban 24:9).

 

     Ramban here employs 'conceptual logic' -
the very essence

of his pshat approach - to support his
comprehensive

interpretation of these psukim.  Because
logically there must

be a mitzva in the Torah against speaking
lashon ha-ra, Ramban

prefers to interpret this pasuk as one of the
613 mitzvot.

  In this manner, Ramban utilizes a wider
perspective of pshat

to reach a conclusion not only similar to the
Midrash, but

also more poignant.

  [If you would like to see an 'enhanced
version' of

  Ramban's explanation of this mitzva, read
his commentary

  to Rambam's Sefer Ha-mitzvot.  At the
conclusion of the

  'mitzvot aseh' section, Ramban adds several
mitzvot which

  (in his opinion) Rambam had overlooked.  In
'hasaga' #7,

  Ramban adds this mitzva, that we must
constantly remind

  ourselves of the incident of Miriam in
order to remember

  not to speak lashon ha-ra.]

 

An 'AM' KADOSH with a 'PEH' KADOSH

     Note as well that according to Ramban's
interpretation,

the mitzva which emerges from these two
psukim in Parshat Ki

Tetzeh is not only yet another mitzva bein
adam le-chavero, it

also forms one of the most basic 'building
block' towards

achieving the ultimate goal of Sefer Devarim
to create and

establish an am kadosh.

  Recall how the mitzvot of the main speech
form the

guidelines for the establishment of God's
model nation in the

land of Israel.  Imagine an entire nation,
where each

individual reminded himself daily of these
stringent

guidelines concerning lashon ha-ra!

     Anyone who would like to be 'machmir'
[adhere to a more

stringent opinion] - especially on the
'de-'oraita' level, is

invited to take upon himself this 'chumra'
[stringency]

explicated by Ramban.

                              shabbat shalom,

                              menachem

 

==========================

FOR FURTHER IYUN

A.  Try to arrange the various opinions of
the Rishonim

mentioned above into the following
categories.  Who considers:

     1) 24:8 is the primary pasuk - 24:9
supports it.

    2) 24:9 is the primary pasuk - 24:8
introduces it.

     3) 24:8-9 should be read together, like
one long pasuk.

 

B.  Carefully review Rashbam and Chizkuni's
comments on our

psukim.  According to them, to whom is the
prohibition in 24:8

directed?  According to Rashi / Ramban?

     A corresponding debate exists regarding
Vayikra 13:2: "Ve-

huva el Aharon ha-kohen." ("He shall be
brought before

Aharon.").  See Sefer Hachinuch 169 as
opposed to the Rosh's

commentary on Masechet Zavim 3:2.

 

C.  We noted Chazal's Midrash Halacha that
interprets the

first of our two psukim as forbidding the
surgical detachment

of a tzara'at infection.  As we pointed out,
Rashi adopts this

peirush of that pasuk, despite the fact that
he understands

the reference to tzara'at here as primarily
related to lashon

ha-ra.

       The question, of course, arises, why
would the Torah

mention specifically this particular detail
of the laws of

tzara'at if the main focus here is on lashon
ha-ra?  Why is

this prohibition singled out from all of
hilchot tzara'at for

mention here in the context of the
prohibition of lashon ha-

ra?

     Try to answer this question by reviewing
the general

process imposed upon the metzora.  See Rashi,
Vayikra 13:47 &

14:4.  In light of this, explain the
prohibition of removing a

tzara'at infection and how this may reflect
the severity of

lashon ha-ra.  Bear in mind as well that the
Ramban here

(24:8) extends this prohibition beyond
severing the infection,

to mere refusal to show it to the kohen (thus
avoiding the

entire process).

     In honor of Elul, relate this concept to
the process of

'teshuva' in general.

 

D.  Those Rishonim who do not derive the
prohibition of

removing a tzara'at infection from 24:8 (as
the Gemara in

Makkot does) would presumably derive the
prohibition from

Vayikra 13:33 - see Torat Kohanim there.
Based on the context

of that pasuk, what advantage is there to
learning the

prohibition from our pasuk instead?  What
might be the

difference between these two prohibitions?
See Sefer

Hachinuch 170, as opposed to Ramban in his
'hasagot' to

Rambam's Sefer Hamitzvot lo ta'aseh 307-8.
[There is also some

question as to the precise text of that
passage in Torat

Kohanim - see Sefer Hachinuch's citation of
Torat Kohanim in

mitzva 170 and Torah Shleima, Vayikra
13:109.]

 

E.  Recall that according to Rashbam and
Chizkuni, 24:9

teaches us not to make exceptions for public
figures with

regard to the laws of tzara'at.  Review their
comments and

note that the 'hava amina' (original
possibility) of exempting

leaders from these laws evolved from the
honor and respect due

to them.  We may, however, add another
element to this hava

amina: national interests.  A nation would
understandably be

very reluctant to quarantine an important
public official for

an indefinite period of time.  Explain how,
along the lines of

the Rashbam & Chizkuni but with our
variation, we may explain

a seemingly superfluous phrase in the pasuk:
". on your

journey when you left the land of Egypt."
(For a subtle hint,

see Targum Yonatan's explanation of this
phrase.)  Consider

especially the final clause of Bemidbar
12:15.  (If you want

to cheat, look up Rav Zalman Sorotzkin's
'Oznayim La-Torah' on

our pasuk.)

 

F.  For an interesting twist, see Targum
Yonatan Ben Uziel on

24:9.  According to his understanding, what
sin does this

pasuk address?  Is this wrongdoing related to
lashon ha-ra?

Based on this Targum Yonatan, explain more
fully Rashi's

comments on Shemot 4:6.

 

G.  Note that the mitzva of 'kil'ayim' (see
22:9-12) is

another mitzva bein adam la-Makom, and hence
seems out of

place in Parshat Ki Tetzeh.  Based on the
various laws

concerning forbidden marriages which continue
in 22:13-23:9,

can you suggest a thematic connection between
these mitzvot?

     In this context, note Ramban's
association between the

prohibition of plowing with an ox and donkey
(pasuk 10) and

that of interbreeding (Vayikra 19:19).  See
also Rambam, Moreh

Nevuchim 3:49, who explicitly bases the
prohibition here with

the halacha forbidding interbreeding.
[Regarding sha'atnez,

however, he offers a much different
explanation - Moreh

Nevuchim 3:37.]

 

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