Torah: Parashat Achrei Mot-Kedoshim

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Subject: Torah: Parashat Achrei Mot-Kedoshim
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Subject: Torah: Parashat Achrei Mot-Kedoshim (Leviticus 16:1-20:27),
Commentary on the Weekly Torah Reading for 8 Iyar, 5759
(April 24, 1999) by Rabbi Shlomo Riskin

Torah: Parashat Achrei Mot-Kedoshim (Leviticus 16:1-20:27), Commentary on
the Weekly Torah Reading for 8 Iyar, 5759 (April 24, 1999)

by Rabbi Shlomo Riskin

EFRAT, ISRAEL, Yom Revii (Fourth Day - "Wednesday"), 5 Iyar, 5759 (April
21, 1999) [Twentieth Day of Sefirat HaOmer], Root & Branch: "You must love
your neighbor as (you love) yourself" [Leviticus 19:18] is one of the most
well known -- and difficult -- of the Biblical commandments. It becomes
more acceptable when we learn that at least one great Talmudic Sage, Rav
Yehuda in the name of Rav, applies it to the relationship of husband and
wife, the closest and most proximate of neighbors.

One of the seven blessings under the nuptial canopy even refers to the
couple as "re'im ahuvim" or "beloved (and loving) neighbors" (or beloved
friends, as most translations would have it. However the translation,
"re'im ahuvim" is taken directly from the Hebrew "ve'ahavta re'acha
kamocha"). The marriage ceremony itself, among the most stunning in our
liturgy, raises a number of problematic issues.

The initial blessing of betrothal declares: "Blessed are You, Lord our
G-d, Sovereign of the Universe, who has sanctified us with His
commandments, commanded us regarding forbidden sexual relationships,
prohibited us from relations with our fiancee and has permitted us those to
whom we are married by means of the nuptial canopy and the betrothal
sanctification. Blessed are You who sanctifies His nation Israel by means
of the nuptial canopy and betrothal sanctification."

What makes this formulation so strikingly different from every other
blessing over a commandment is that it mentions what is forbidden as
a prelude to what it permitted. Why? Would it not have been
sufficient for the blessing to have spoken only about the positive,
without mentioning the negative?

There are an additional seven blessings recited under the nuptial canopy
which go far beyond the loving relationship of the couple about to be wed.
One blessing brings us all the way back to Adam and Eve in the Garden of
Eden ("cause these loving [and beloved] friends to joyfully rejoice just as
You caused your creations to rejoice in the Garden of Eden"), and the final
blessing brings us forward to the future period of redemption ("May
there soon be heard in the Cities of Judah and in the
broad spaces of Jerusalem the sound of rejoicing and the sound of
happiness, the sound of grooms and the sound of brides...").

What has a marriage ceremony to do with national history, spanning
incalculable centuries from ancient past to anticipated future?

The answer is to be found in the seemingly problematic structure of the
three main chapters in our double Torah portion, Achrei Mot - Kedoshim.

Chapter 18 of the Book of Leviticus (the concluding chapter of Achrei Mot)
deals with forbidden sexual relationships, beginning with incest and
concluding with sacrificing one's child to the idol Moloch and the
prohibition against homosexuality.

Chapter 19, which opens the portion of Kedoshim, starts with the
commandment to revere one's parents and then catalogues scores of laws
dealing with inter-personal relationships, including loving one's neighbor
as one loves oneself.

Then, in chapter 20, the Bible returns to the catalogue of forbidden sexual
relationships, beginning with the prohibition of sacrificing one's child to
the idol Moloch. Why not have all the forbidden sexual relationships
in one place? Why the seeming interruption with Chapter 19?

What is equally strange and disturbing is that the initial introduction to
the laws of forbidden sexual relationships (in the beginning of chapter 18)
is the verse: "You shall observe My decrees and My statutes which a human
being shall do and live by them..." [Leviticus 18:5]

Our Talmudic Sages deduce from the command "You shall... live by them" that
when push comes to shove, the Jew must generally transgress a commandment
rather than forfeit his life. The value of a human life stands above the
commands of the Torah (Babylonian Talmud, Tractate Yoma 85a, b).

The sole exceptions to this rule are the three prohibitions of idolatry,
sexual immorality and murder. If a Jew is ordered to commit an act of incest or
adultery or else he will be murdered, he may not invoke the usual "You
shall...live by them" and commit the forbidden act. He must choose to die
rather than to transgress.

If this is the case, then how can we understand the command "You
shall...live by them" placed as the introduction to the laws of sexual
immorality? These are specifically the prohibitions for which one
must be willing to lay down his life.

Rav Mordecai Elon, master teacher of Torah in Jerusalem, sees the beginning
of the answer in Rashi's comment on the command "You shall...live by them".
Rashi explains that this injunction refers to the world to come, because
if you will suggest that it refers to this world, eventually (everyone in
this world) dies [Rashi 18:5].

To paraphrase Rashi without changing the meaning, I would suggest that it
refers to life in its historical dimension, to the ability of the
individual Jew to participate as a link in the great and eternal chain of
Jewish historic being. The family is the bedrock of the nation, and it is
specifically the laws of sexual morality which guarantee Jewish
preservation and continuity physically as well as spiritually.

An individual destroys his seeds of continuity if he sacrifices his child
to Moloch, if he indulges in homosexuality, or if he defies the familial
faithfulness by adultery. Judaism will only continue to live eternally if
the laws of sexual immorality are seen as so sacrosanct that they even
stand above the value of preserving a human life.

The laws of interpersonal human relationships, the necessary bedrock of a
well-ordered and continuing society, must be preceded and followed by the
stringent rules against sexual immorality. Only then will we truly live as
an eternal historic nation.

The Bible, in its very chapter sequence, expresses one of the essential and
amazing paradoxes of Jewish life. If the Jewish nation wishes to live as a
distinct historical entity with a mission to perfect society and redeem the
world, they must first and foremost conform to the laws of family sanctity
and the prohibition of sexual immorality. This is Leviticus, chapter 18.

Then comes the fundamental principles of inter-human relationships,
beginning with proper reverence to parents and including the love one must
feel for one's spouse, not forgetting the prohibitions against jealousy and
the commands concerning tithes and charity for those who do not have their
own property or means of livelihood. This is chapter 19.

The Bible then finds it necessary to return to the laws of sexual morality,
the very actions which cause us to lose the succeeding generations -- if
not physically, then certainly spiritually (as certain as giving our
children over to Moloch). This time, capital punishments, the very
antithesis of the introductory "You shall...live by them", are included for
those who actually transgress. This is chapter 20.

The structure and lesson of the Biblical form is exquisitely maintained in
the precise formulation of the marital blessings, the couple (and eventual
family) representing the fundamental key to Jewish survival and eternity.
The Almighty has forbidden certain sexual relationships. Only if and when
we maintain these prohibitions, shall we have earned the unique honor of
having been sanctified by means of the nuptial canopy and betrothal
sanctification.

The reward for living such a sanctified life is that it enables us to live
eternally as a link in the golden chain of the Jewish historical continuum
- with memories which go back to the Garden of Eden and visions of
anticipation which go forward to the ultimate redemption. The marriage
canopy bears both the responsibility and the glory of Jewish
eternity, past and future.

Shabbat Shalom

Rabbi Shlomo Riskin
Efrat, Israel

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From: Yeshivat Har Etzion's Israel Koschitzky Virtual Beit Midrash
To: heb_roots_chr@geocities.com
Subject: INTPARSHA -27: Parashat Acharei Mot - Kedoshim

YESHIVAT HAR ETZION
ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH (VBM)

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INTRODUCTION TO PARASHAT HASHAVUA

Parashat Kedoshim

Holy- How?
by Rabbi Jonathan Mishkin

The second of this week's two parshiyot begins and
ends with an injunction to be holy. At the start of
Parashat Kedoshim, in Leviticus 19, the Torah states "The
Lord spoke to Moses, saying: 'Speak to the whole
Israelite community and say to them: You shall be holy,
for I, the Lord your God, am holy'" (verses 1-2). And at
the parasha's end, in Leviticus 20, the Torah repeats
this idea: "You shall be holy to Me, for I the Lord am
holy, and I have set you apart from other peoples to be
Mine" (verse 26).

Holiness is certainly a dominant theme in Judaism -
we have holy days, holy books, holy people, holy objects,
even our language - Hebrew is called LASHON HA'KODESH -
the holy tongue. And while achieving sanctity might be a
difficult task, defining it seems to be fairly
straightforward: to be holy means to be separated,
distinct from other elements in a group. Thus Shabbat is
elevated from the other days of the week; Israel - the
Holy Land - is considered exceptional among countries;
Jerusalem - the holiest among Israel's cities; and the
Temple Mount is the holiest spot in the city, site of the
BEIT HA'MIKDASH - the sacred Temple.

Interestingly, God is also called holy in our
tradition (as in the verses quoted above) although our
definition does not at first seem to fit with Him. Can we
say that God is elevated among... other gods? No,
obviously the Torah does not believe that other gods
exist for comparison. In Isaiah chapter 6 the Lord's
ministering angels introduce a call that has become part
of our daily services: "Seraphs stood in attendance on
Him. Each of them had six wings: with two he covered his
face, with two he covered his legs, and with two he would
fly. And one would call to the other, 'Holy, holy, holy!
The Lord of Hosts! His presence fills all the earth!"
(verses 2-3). Targum Onkelos, the ancient Aramaic
translation to the Bible, provides one of the standard
interpretations for this verse: "God is holy in the
exalted heavens, God is holy on earth - the product of
His strength, and God is holy forever and ever." Well, if
to be holy means to be separate, then Onkelos is telling
us that in fact, God is holier than everything - he is
above earth and space and time. He is so holy that He is
completely separate from anything within our experience.

Rabbi David Zvi Hoffman, a 19th century Biblical
commentator uses this point to explain a curious detail
in the text of the Torah. Rabbi Hoffman, in his
commentary to Leviticus 11:45, reports noticing that
whenever the Torah - in the Book of Leviticus - uses the
word holy in reference to God it is always written with
plane spelling, meaning with the letter VAV so that the
Hebrew root has four letters: KAF-DALET-VAV-SHIN: KADOSH;
whereas when the word is used in reference to man, it is
always written with deficient spelling, meaning without
the letter VAV, giving the Hebrew root only three
letters: KAF-DALET-SHIN: KAD'SH. Indeed a quick glance at
the Hebrew original of the two verses quoted above will
illustrate this point. Leviticus 19: "Speak to the whole
Israelite community and say to them: 'You shall be holy -
KED'SHIM, for I, the Lord your God, am holy - KADOSH;'"
and in Leviticus 20: "You shall be holy - KED'SHIM to Me,
for I the Lord am holy - KADOSH, and I have set you apart
from other peoples to be Mine." Interpreting this
phenomenon, Rabbi Hoffman explains that the Torah is
hinting that man can never be completely holy. Unlike God
who is totally separate from everything, man can only
attain holiness relative to his fellow men. A spiritual
person who separates himself from sin or corruption is
still a man trapped in the physical confines of his body
forced to eat and sleep and participate in the other
actions he shares with his species.

What does the Torah mean by commanding the nation to
be holy? Actually, we might ask whether verse 19:2 is in
fact a mitzva - perhaps it is merely a statement of fact.
What I mean by this is that other references to holiness
in the Torah seem to indicate that a state of holiness is
a direct result of obeying God's commands. Numbers 15,
for example, contains the well-known passage of tzizit:
"Speak to the Israelite people and instruct them to make
for themselves fringes on the corners of their garments
throughout the ages... Thus shall you be reminded to
observe all My commandments and be holy to your God" (38,
40). The Torah could either be saying here that tzizit
are meant to remind Jews to observe mitzvot and to act
holy, or these verses could mean that obeying the Torah
will automatically make the Jews holy.

Even our definition of holiness can be understood
both ways. Certainly the Jewish people are different from
the other nations by virtue of their unique code of law.
Thus observing the mitzvot naturally separates us - hence
our holiness. But perhaps the Torah wants us to
consciously and directly set ourselves apart from the
world and commands us to effect this exclusivity. How is
the mitzva fulfilled? Ramban (Rabbi Moshe ben Nachman,
13th century) explains how in perhaps the most famous
interpretation of our opening verse.

Ramban feels that Leviticus 19:2 is in fact a call
to go above and beyond the dictates of the law. The
commentator explains that it is possible for a Jew to
strictly observe the Torah's commandments and still to be
a vile and disgusting person. For example, the Torah does
not forbid the consumption of alcohol or the eating of
meat and so a Jew who's a drunken glutton would be acting
well within his rights. The Torah does not limit the
frequency of a married couple's intimacy (other than
family purity restrictions) making it permissible for
people to over-indulge themselves. But the Torah knows
that taking advantage of the letter of the law offends
the spirit of the law, and so, writes Ramban, "having
detailed those prohibitions which are outrightly
outlawed, the Torah makes a general command to separate
oneself from the permitted." This means that the Torah is
giving a subjective command for people to set their own
personal limits. Sanctity for the Jew now takes on two
levels: he is holy because his lifestyle differs from the
rest of the world's; and extra restrictions make him even
holier than he must be.

Rambam (Rabbi Moshe ben Maimon, 12th century) takes
the opposite approach to our verse, linking it with a
host of other statements in the Torah in the formation of
a guiding principle. As an introduction to his book,
Sefer HaMitzvot, in which he lists the Torah's 613
commandments, Rambam outlines 14 rules which serve as
criteria for determining whether an idea qualifies for
the list. For example, his first principle states that
only Biblical commandments are included in the 613 to the
exclusion of Rabbinic creations such as Chanukah candles
or the celebration of Purim. His reasoning for this is
that he feels that the traditional number 613 refers only
to mitzvot which were given to Moses by God and not to
later creations. We are concerned with Rambam's fourth
principle.

In this rule, Maimonides writes that he will not
include on the list any Biblical statement that is a
general formula rather than a specific commandment.
"There are commandments and warnings in the Torah which
do not hint at any one thing but include many injunctions
- as if the Torah were saying 'Observe all that I have
ordered you to do and desist from all that I have
forbidden you from' or 'Do not transgress anything that I
have instructed you.' Now it does not do to count these
sorts of statements as separate commandments since they
do not command the performance of an individual action
nor forbid doing a prohibition. Thus the Torah says 'Be
on guard concerning all that I have told you' (Exodus
23:13); 'You shall observe My laws' (Leviticus 19:19)...
but people have erred in this matter counting [on the
list] 'Be holy' as a distinct positive commandment,
without realizing that by saying 'Be holy' and 'You shall
yourselves and be holy' (Leviticus 20:7) the Torah is
making general statements to observe the entire law. It
is as if the Torah were to say 'Be holy by fulfilling all
that I [God] have commanded you and by avoiding all I
have prohibited."

(To be sure, Ramban apparently does not consider 'Be
holy' specific enough to warrant its own berth on the 613
list either; but he does seem to give our verse more
meaning than Rambam by describing the power it has over
the individual. See Ramban's commentary to Rambam's
fourth principle for a broader discussion of this.)

Let us present another reference to Jewish holiness
which will help develop the positions of our two
scholars. Within the system of benedictions instituted by
the rabbis of the Talmud there is a type of blessing
uttered before performance of a mitzva. The curious
feature in this category of berakhot is that all of the
blessings of this type are recited over ritual
commandments and there are no blessings to accompany
interpersonal obligations. As is well known, Judaism
comprises mitzvot that are essentially between man and
God - known as MITZVOT BEIN ADAM LA-MAKOM (e.g.
observance of Shabbat, kashrut, tefilin) and those that
govern our relationships with other people - MITZVOT BEIN
ADAM LA-CHAVERO (e.g. charity, respecting one's parents,
not stealing). Of all the hundreds of commandments,
however, there are only a handful whose performance are
preceded by a blessing. For example, no berakhot were
instituted for negative commandments which is why we
don't say a blessing upon avoiding non-kosher food or
upon resisting the urge to steal. But why are there no
blessings for commandments between people?

The Torah Temima written by Rabbi Baruch HaLevi
Epstein (19th century) offers one explanation in
commenting on Exodus 24:12.

"The solution to this problem seems simple to me:
within the construction of benedictions [for
mitzvot] is the phrase 'who has hallowed us with His
commandments and commanded us' [the blessing for
affixing a mezuza for example, is 'Blessed are You,
O Lord, our God Master of the Universe, who has
hallowed us with His commandments and commanded us
to affix a mezuza'] which indicates that through
fulfillment of the specific mitzva, we become
sanctified and separated from the other nations who
do not perform these actions. This idea is only
valid with regard to MITZVOT BEIN ADAM LA-MAKOM like
tefilin, tzizit, sukkah, lulav and the like which
are not practiced by the nations. On the other hand,
when it comes to MITZVOT BEIN ADAM LA-CHAVERO we
find non-Jews equally active in the performance of
such actions like charity, returning lost objects,
and visiting the sick. The phrase 'who has hallowed
us with His commandments and commanded us' is
therefore inappropriate for these sorts of mitzvot,
because we are not any different from non-Jews by
their fulfillment."

How does this prominent cultural factor introduced
by the Torah Temima contribute to our debate? Rabbi
Epstein argues that the Jews are only holy by virtue of
their ritual law because that is what separates them from
everybody else. Is this view supported by either Rambam
or Ramban? Let us return to the beginning of our parasha.
Following the instruction to be holy (or promise of
holiness) the Torah goes on to present a long list of
mitzvot. In fact the entirety of Leviticus chapter 19 is
one commandment after another. What is interesting is
that many of the laws in this collection dictate
interpersonal relationships including such classic
statements as "You shall not hate your kinsfolk in your
heart. Reprove your kinsman but incur no guilt because of
him. You shall not take vengeance or bear a grudge
against your countrymen. Love your fellow as yourself: I
am the Lord" (verses 17-18). A student of mine, Adrianne
Sigal, explained the chapter contrary to Rabbi Epstein's
approach, saying that the Torah specifically includes
MITZVOT BEIN ADAM LA-CHAVERO to tell us that holiness is
not only achieved through performance of rituals but,
through proper treatment of other people.

While it may be true that non-Jews treat each other
as fairly and generously as Jews do (or as Jews ought to)
there can be no avoiding the fact that the Jew's
treatment of his fellow Jew is often guided by law. The
Jew does not give charity because it is a nice thing to
do, but because the Torah commands it. So while the
action of a Jew might be similar to that of a non-Jew,
ideally, the motive should be completely different. And
because the driving force for these mitzvot is the will
of God there should really be a set of benedictions for
them as well.

It seems to me that the whole purpose for even
reciting a blessing before a mitzva is to formally
recognize the reason for an action - he who recites a
blessing on a mezuzah is stating that he is not putting
up a mezuza as a good luck charm or because it matches
the decor, but because the Torah commanded him to.
Similarly, were we to recite a blessing before giving
charity I believe that we would be expressing Rambam's
understanding of holiness - fulfillment of all areas of
the Torah makes us a holy nation. (There are other
explanations given for the problem of the benedictions
besides the Torah Temima's. For example, one theory
states that nearly every interpersonal mitzva involves
helping another person. Reciting a blessing before
giving charity, visiting the sick, or burying the dead,
looks like one is thanking God that somebody else needs
help, thereby giving the Jew an opportunity to do a
mitzva- this is inappropriate. See Encyclopedia
Talmudit's article on Birkat HaMitzvot for more
information.) Finally, the presence of interpersonal
Mitzvot in our Parasha supports Ramban's position as
well. While much of the Oral Torah is concerned with the
legal complexities of civil law, the rabbis recognized
that they could not possibly legislate every single human
interaction to the degree that they could cover the
ritual law. Perhaps this explains why Pirkei Avot (Ethics
of our Fathers), a collection of ethical statements, is
included in the order of mishna dealing with damages and
other crimes. The rabbis are stating that very often
human behaviour cannot be governed by a set of rules, but
general statements have to be made such as "Shammai says:
greet everybody with a cheerful face" (Avot 1:15). The
Torah itself includes such an all encompassing command in
"Love your fellow as yourself." And perhaps Ramban would
interpret 'Be holy' in a similar vein: in dealing with
your fellow person, don't limit your behaviour to the
letter of the law, go above the law and out of your way
to treat him as you would have him treat you.

YESHIVAT HAR ETZION
ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH
ALON SHEVUT, GUSH ETZION 90433

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