[Par-reg] for Parshat Chukat - chukat ha'TORAH'
Menachem Leibtag
tsc at bezeqint.net
Wed Jul 6 14:52:32 EDT 2005
*************************************************************
THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************
"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 inherit '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!]
More information about the Par-reg
mailing list