At the conclusion of the parsha we learn of the episode involving Pinchas when he zealously avenged Hashem’s vengeance from upon the b’nai yisroel. Zimri, who was the nassi of shevet Shimon (or only of a bais av), had performed an avaira with a Midianite woman in public. The halacha states that in such circumstances a kanoi (zealot) can kill the one doing the avaira, in an effort to avenge Hashem’s vengeance. If one is not a kanoi or he is not acting to avenge Hashem’s vengeance he may not kill the one performing the avaira. In addition, a kanoi may only kill the transgressor while he is performing the avaira. Once thed sinner is no longer engaged in the avaira, he may not be killed even by a kanoi. The Torah testifies that Pinchas was indeed acting to avenge Hashem’s vengeance when he killed Zimri.
The Gimora in Sanhedrin 82 says that although Pinchas had the right to kill Zimri he nonetheless was considered a rodef (one who is pursuing another with intention to kill him). Since the halacha is that everyone can kill a rodef, had Zimri prompted and killed Pinchas instead he would not have been penalized for murder.
The sefer Kli Chemda (parshas Balak ; 4) asks the following question: the Gemara in Sanhedrin 74 says that although everyone may kill a rodef, if it is possible to save the one being chased without killing the rodef one may not kill the rodef. For example if one can injure the rodef (and that would suffice in preventing him from killing the pursuant) he must do so, and may not kill the rodef. In the case of Pinchas and Zimri, Pinchas was the rodef and Zimri was the being pursued. The Gemara says that Zimri the sinner, was allowed to kill Pinchas, as Pinchas himself was a rodef. However there should have been a clear alternative to killing that would have been sufficient to prevent Pinchas from killing the pursuant- if Zimri would stop performing the avaira, then Pinchas would have ceased pursuing Zimri! Why does the Gemara say that Zimri could have killed Pinchas when there was a way to prevent the pursuit without spilling blood?
The Kli Chemda is assuming that when the Gemara said that Pinchas assumed the status of a rodef the Gemara’s intention was to equate him to all other rodfim. However we do find that there is a difference between the status of rodef that Pinchas attained and that of a regular rodef. The M’eri in Sanhadrin 82 says that no one aside from Zimri was allowed to kill Pinchas. With regard to a regular rodef , anyone who can prevent the murder must do so even if they must take the life of the rodef. Clearly the M’eri understood that the status rodef that Pinchas attained was different than that of a regular rodef.
Reb Moshe Shmuel Shapiro zt”l explains the difference between Pinchas and a regular rodef as follows: Pinchas was called a rodef even though Zimri was doing an avaira that he should be killed for because there is no obligation in bais din to kill him. The Torah granted permission to any kanoi to kill anyone who performs such acts. However the kanoi is acting outside of bais din and there is no judgment of death against the person. Although he has permission from the Torah to kill, bais din must view him as someone pursuing to kill another innocent man. Therefore when a kanoi pursues a perpetrator he will attain a status of a rodef.
However there is a difference between a rodef after an actual innocent man and a rodef after a man whom he has permission to kill. The reason that everyone may kill a rodef who is chasing an innocent man, is in order to save the victim’s life. The Torah therefore puts the victim’s life before the rodef’s and so anyone may protect the victim by killing the rodef. In the case of Pinchas and Zimri, the victim was Zimri. The Torah would not allow anyone to kill Pinchas in order to save Zimri, for Zimri was punishable by death. However the Torah still allows the one doing the avaira to kill the kanoi as a means of self defense.
The halacha that if one can prevent the rodef from killing the victim without killing the rodef then he must take those measures, only applies to a regular rodef where the purpose of killing the rodef is to save the victim. When we are looking to save a victim we also must try to save the rodef if possible. Whereas by a kanoi who is chasing one doing this avaira, the one doing the avaira does not need to take precautionary measures not to kill his rodef since the reason he is allowed to kill him is not in order to save the victim.
{R.F.}
Friday, July 8, 2011
Friday, July 1, 2011
Chukas - Why A Dead Person Is Mitamai
In this week’s parsha we learn that when a person dies he is mitamai. There is a machlokes regarding the reason for this tumah. The Ramban in the beginning of this week’s parsha explains that when a person dies by means of the malach hamaves (angel of death) he is mitamai. However if one dies by means of nishika (a form of death performed by Hashem and not the malach hamaves) he will not be mitamai. It is for this reason that chazal said that tzadikim do not become tamai in their death, since presumably they died by means of nisheka. The Avnai Nezer (yorah deah 466) adds that Reb Chaim Vital says that the malach hamaves sprinkles three 'bitter drops' on a person when he comes to kill him, and those 'drops' are what create the tumah.
The Or Hachaim has a different understanding of why a dead person becomes tamai. He explains that since we accepted the Torah every Jew is on a high level of kidusha. All of the forces of tumah are constantly anticipating and eagerly awaiting a chance to cling to the kidusha. As soon as a person dies the forces of tumah are able to enter the body and thus the person is tamai. He explains that it is for this reason that goy does not become tamai when he dies; since in his life he was desolate of kidusha the forces of tumah are not interested in entering the body. The Or Hachaim explains that with this understanding we can answer the question of the wording of the passuk “Zos chukkas haTorah”, why does the Torah refer to the mitzvah of tumah as the chok of the Torah. Since tumah only sets in as a result of being on a high spiritual level and the Torah is the means by which b'nai yisroel were elevated to the higher level of kidusha, the Torah refers to this mitzvah as the chok of the Torah. The Avnai Nezer cites a Zohar that seems to be in accordance with the reason given by the Or Hachaim.
The Avnai Nezer, cited above, says that there is a halachic difference between the opinion of the Ramban and Reb Chaim Vital, and the opinion of the Or Hachaim. The Zohar says that only one who dies naturally is killed by the malach hamaves, all those who are killed by others are not killed by the malach hamaves. Based on this, according to the Ramban who said that tumah only sets in when the malach hamaves kills, when one is killed by another he should not be tamai.
It is unclear if kivrai tzadikim (graves of tzadikim) are mitamai or not and whether a kohen can visit such places. According to the opinion of the Ramban who said that a dead person is only mitamai when the malach hamaves kills him, tzadikim may be mitamai when they die. Since the Gimorah in Moed Katan says that there were many tzadikim who died by means of the malach hamaves and not nisheka.
On the other hand according to the Or Hachaim who said that a dead person is mitamai as a result of the forces of tumah attempting to attach to the kidusha, perhaps when a tzadik dies he will not be mitamai. While a person is alive the forces of tumah cannot set in because the kiddusha is present and does not allow the tumah in. after he dies the tumah can now enter. However regarding a tzadik even his body becomes kaddosh and remains kadosh even after his death. Therefore the forces of tumah cannot enter even after he dies, for kisusha still remains.
Tosafos in Baba Mitzeya 114b cites a Medrash Yalkut in Mishlei that says that Eliyahu Hanavi and Reb Yehoshua (a talmid of Rebi Akiva) were burying Rebi Akiva. Reb Yihoshua asked Eliyahu Hanavi how is it that you can burry a dead person when you are indeed a kohen? Eliyahu Hanavi answered that talmidai chachamim and their talmidim are not mitamai. Tosafos says that Eliyahu Hanavi only answered what he said out of respect for Rebi Akiva, because the actual reason that Eliyahu Hanavi was allowed to burry Rebi Akiva was since Rebi Akiva was put to death by the malchus, no one would dare bury him. Therefore he had the status of a mais mitzvah for which a kohen is allowed to be mitamai. Apparently Tosafos holds that we paskin that tzadikim are mitamai.
The Gemarah in Baba Basra 58a says that Reb Binuh was setting markings of graves so no one would be mitamai. The Gemarah says that he went to miaras hamachpela to mark where the graves actually were. Some want to use this as a source that tzadikim are mitamai, since their graves had to be marked. However the Minchas Elazar (3:64) says that we cannot deduce anything from this Gemarah. Because the Gemarah in Sota 13 says that Chushim the son of Dun decapitated Esav and his head rolled into Miaras Hamachpela and was buried there. Since Esav was a Jew as the Gemoarah in Kiddushin 18a says, therefore he would be mitamai and it was for him that Reb Binuh felt necessary to mark Miaras Hamachpela.
{R.F.}
The Or Hachaim has a different understanding of why a dead person becomes tamai. He explains that since we accepted the Torah every Jew is on a high level of kidusha. All of the forces of tumah are constantly anticipating and eagerly awaiting a chance to cling to the kidusha. As soon as a person dies the forces of tumah are able to enter the body and thus the person is tamai. He explains that it is for this reason that goy does not become tamai when he dies; since in his life he was desolate of kidusha the forces of tumah are not interested in entering the body. The Or Hachaim explains that with this understanding we can answer the question of the wording of the passuk “Zos chukkas haTorah”, why does the Torah refer to the mitzvah of tumah as the chok of the Torah. Since tumah only sets in as a result of being on a high spiritual level and the Torah is the means by which b'nai yisroel were elevated to the higher level of kidusha, the Torah refers to this mitzvah as the chok of the Torah. The Avnai Nezer cites a Zohar that seems to be in accordance with the reason given by the Or Hachaim.
The Avnai Nezer, cited above, says that there is a halachic difference between the opinion of the Ramban and Reb Chaim Vital, and the opinion of the Or Hachaim. The Zohar says that only one who dies naturally is killed by the malach hamaves, all those who are killed by others are not killed by the malach hamaves. Based on this, according to the Ramban who said that tumah only sets in when the malach hamaves kills, when one is killed by another he should not be tamai.
It is unclear if kivrai tzadikim (graves of tzadikim) are mitamai or not and whether a kohen can visit such places. According to the opinion of the Ramban who said that a dead person is only mitamai when the malach hamaves kills him, tzadikim may be mitamai when they die. Since the Gimorah in Moed Katan says that there were many tzadikim who died by means of the malach hamaves and not nisheka.
On the other hand according to the Or Hachaim who said that a dead person is mitamai as a result of the forces of tumah attempting to attach to the kidusha, perhaps when a tzadik dies he will not be mitamai. While a person is alive the forces of tumah cannot set in because the kiddusha is present and does not allow the tumah in. after he dies the tumah can now enter. However regarding a tzadik even his body becomes kaddosh and remains kadosh even after his death. Therefore the forces of tumah cannot enter even after he dies, for kisusha still remains.
Tosafos in Baba Mitzeya 114b cites a Medrash Yalkut in Mishlei that says that Eliyahu Hanavi and Reb Yehoshua (a talmid of Rebi Akiva) were burying Rebi Akiva. Reb Yihoshua asked Eliyahu Hanavi how is it that you can burry a dead person when you are indeed a kohen? Eliyahu Hanavi answered that talmidai chachamim and their talmidim are not mitamai. Tosafos says that Eliyahu Hanavi only answered what he said out of respect for Rebi Akiva, because the actual reason that Eliyahu Hanavi was allowed to burry Rebi Akiva was since Rebi Akiva was put to death by the malchus, no one would dare bury him. Therefore he had the status of a mais mitzvah for which a kohen is allowed to be mitamai. Apparently Tosafos holds that we paskin that tzadikim are mitamai.
The Gemarah in Baba Basra 58a says that Reb Binuh was setting markings of graves so no one would be mitamai. The Gemarah says that he went to miaras hamachpela to mark where the graves actually were. Some want to use this as a source that tzadikim are mitamai, since their graves had to be marked. However the Minchas Elazar (3:64) says that we cannot deduce anything from this Gemarah. Because the Gemarah in Sota 13 says that Chushim the son of Dun decapitated Esav and his head rolled into Miaras Hamachpela and was buried there. Since Esav was a Jew as the Gemoarah in Kiddushin 18a says, therefore he would be mitamai and it was for him that Reb Binuh felt necessary to mark Miaras Hamachpela.
{R.F.}
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