Clothes Make The Work, Clothes Make The Man - Tetzaveh 5775

I would like to share with you today the Chakira, the insight of Rav Yosef Engel (1859 - 1910) both in his Sefer Asfan D'oraissa in Siman 19 and his Sefer Bais Ha'otzer where he has a Chakira, he has a question regarding the Bigdei Kehunah, the clothing that the Kohen wore at the time that he did Avodah. His Chakira is whether Bigdei Kehuna is a Halacha in the Kohanim (a Halacha in the people) or is it a Halacha in the Avoda that has to be done. I will explain. 

The first Tzad that it is a Din in the Kohanim is based on a Gemara in Maseches Zevachim 17b (7 lines from the bottom) where the Gemara uses the expression (בזמן שבגדיהם עליהם כהונתם עליהם) when they are wearing the Bigdei Kehuna than they are considered Kohanim. Later on Daf 24b (9 lines from the bottom) the Gemara uses the expression (בכיהונו) and Rashi uses the expression (בבגדי כהונה) a Kohen when he is a Kohen means he is wearing the Bigdei Kehuna. In other words, a Kohen who is not wearing Bigdei Kehuna does not have the status of a Kohen that can do the Avoda in the Bais Hamikdash. Part of the definition of a Kohen is that he is dressed as a Kohen. That is one way to understand it. 

The second way to understand is that it is a Din in the Avoda. That every bit of Avoda in the Bais Hamikdash whether it is the burning of the Korbanos or the burning of the Ketores whatever it is, the Avoda requires a person to be wearing the Bigdei Kehuna. The Raya to this is on Daf 88b (21 lines from the top) in Zevachim where it says that (בגדי כהונה מכפרין) the Bigdei Kehuna as is well known brings Kaparah. That is a Din in the Avoda. Avoda is something that is Mechapeir. A Raya to this is that a Kohen who is doing other Kohen jobs not related to Avoda, like for example being a Kohen for a Pidyon Haben, Duchaning, eating Teruma, or accepting Terumah, none of these things requires wearing Bigdei Kehuna. So you can't say that it is a Din in the Kohen so it must be a Din in the Avoda of the Bais Hamikdash, the Avoda requires Bigdei Kehuna. 

Nafka Mina. What is the difference if the Begadim are a Din in the person (a Din in the Gavra) or a Din in the Avoda? The Nafka Mina is if a Kohen Hedyot did the Avoda on Yom Kippur wearing the four Begadim he normally wears. If the Kohen Hedyot did the Avoda on Yom Hakkipurim certainly that is a violation of Halacha, which violation is it? If you learn that Bigdei Kehuna is a Din in the Kohen so the Kohen Hedyot was wearing the right Begadim but doing the wrong Avoda because it says Aharon Hakohen and we Darshun that not a Kohen Hedyot, so then he is Over a Mitzvas Asei. Then the Kohen Hedyot who does the Avoda of Yom Kippur is Over a Mitzvas Asei of Aharon Hakohen and not a Kohen Hedyot. However, if you learn that Bigdei Kehuna is a Din in the Avoda, that would mean that Avoda of Yom Kippurim needs 8 Begadim, it is a Din in the Avoda that you need a Kohen who wear 8 Begadim. If a Kohen Hedyot does the Avoda on Yom Hakkipurim then he would be violating the Issur of Mechusar Begadim as he is doing an Avoda which requires 8 Begadim and he is wearing four which is much more serious. Doing Avoda while a Michusar Begadim is Chayuv Misah Bidai Shamayim. So this is the Kler of Rav Yosef Engel, are the Bigdei Kehuna a Din in the person or is it a Din in the Avoda itself. 

Rav Pam in mentioning this Chakira would point to the Ohr Hachaim Hakadosh in this week's Parsha 28:2. The Ohr Hachaim Hakadosh Teitches the Posuk. (וְעָשִׂיתָ בִגְדֵי-קֹדֶשׁ, לְאַהֲרֹן אָחִיךָ, לְכָבוֹד, וּלְתִפְאָרֶת). The Bigdei Kohen the Torah says are made (לְכָבוֹד, וּלְתִפְאָרֶת). According to the Ohr Hachaim Hakadosh "Lo Tach'shov Ki Habigadim L'tzorchei Avodah L'vad." Don't think that it is a Din in the Avoda. He says "Lo Chain, Hu Ainam Ela L'kovaod." Certainly it is a Din in the person. Does he mean that it is a Din of both? The Nafka Mina is when Moshe Rabbeinu did the Avoda in the Shivas Yimai Hamiluim if it is a Din in the Avoda then he had to have Bigdei Kehuna and if it is a Din in the Kohen then it is a Shaila if Moshe had a Din of a Kohen on those days.

And so, in a short synopsis of what really is a long topic, there are two possibilities in the defining job or defining identity of the Mitzvah of Bigdei Kehuna. Either it is the image of a Kohen, if the Kohen is wearing Bigdei Kehuna, or the Kohen Gadol wearing Bigdei Kohen Gadol, or it is defined by the Avoda and the Avoda in the Bais Hamikdash has many rules and one of the rules is that it needs Bigdei Kehuna. 

This is a Lomdishe Kler, however, there is a lesson as always in every single Chakira. Here the lesson is a very important one. When we put on clothing there are two things that we take into consideration when choosing clothing to wear. One of course is the Avoda, what is it we are going to do? If we are going to a wedding we wear certain clothing, if we are going to build a Sukkah we wear other clothing, if we are going to sleep we wear other clothing. Certainly we choose clothing based on the work that is being done. We also choose clothing based on the Gavra, based on the person. There is a certain identifying characteristic in a person wearing certain clothing it projects a certain image of himself. So that when someone wears clothing it is a defining characteristic of a person the way he chooses to project himself and it is an aspect of what is being done. 

When Bnei Torah are in Yeshiva, Bnei Torah dress a certain way. It is hard to know, is it the costume for this particular work, a Ben Torah that requires a certain dress code or is it the Gavra, is it the person who is a Ben Torah who is the person and the clothing he wears defines the person or both. Well then he goes to work. I Imagine when you go to work you dress based on the dress code of where you go to work. The question is when a person goes to work are the clothing he wears changing because suddenly he has a different job and therefore, a different uniform is needed. Or, is the person himself changing. Is he changing now to a non-Ben Torah, someone who is a working person. What we see from here is that the Begadim are something that defines the person. It may not define the person to other people but it certainly defines him in the eyes of the person himself. It is an important thing to recognize when a person dresses a certain way because he has a job, that is for the job, the person is a person. A policeman, a fireman, a sanitation worker doesn't wear his work clothes when he is in his private life, the same thing should be true of a Ben Torah.

Favors from A Cohen - Emor 5771

There is a Mitzva 21:8 (וְקִדַּשְׁתּוֹ) to be Mekadeish Kohanim and to treat Kohanim in a special way. They should be the ones to lead the Bentching. There are areas in which you are Michuyav to be Michabeid Kohanim. Not to be Meshameish with Kohanim, not to tell them to do work for you or do you favors. If he is working for you for a Parnasa of course he can. Not to be Meshameish with Kohanim is something which in the Yeshiva and I assume in the world is neglected. 
 

There is a Gemara in Maseches Baba Kamma 20a-b (6 lines from the bottom and goes onto 20b) (א"ל רב חסדא לרמי בר חמא לא הוית גבן באורתא בתחומא דאיבעיא לן מילי מעלייתא אמר מאי מילי מעלייתא א"ל הדר בחצר חבירו שלא מדעתו צריך להעלות לו שכר או אין צריך היכי דמי אילימא בחצר דלא קיימא לאגרא וגברא דלא עביד למיגר זה לא נהנה וזה לא חסר אלא בחצר דקיימא לאגרא וגברא דעביד למיגר זה נהנה וזה חסר לא צריכא בחצר דלא קיימא לאגרא וגברא דעביד למיגר מאי מצי אמר ליה מאי חסרתיך או דלמא מצי אמר הא איתהנית א"ל מתניתין היא הי מתניתין א"ל לכי תשמש לי שקל סודריה כרך ליה א"ל אם נהנית משלמת מה שנהנית). Rav Chisda was talking to Rami Bar Chama and he told Rami Bar Chama that you missed Yeshiva yesterday and we had such a great Shiur. Rav Chisda tells him the Shiur. Rami Bar Chama said I have a proof to it. Rav Chisda said please tell me. Rami Bar Chama says if you are Meshameish me and do me a favor I will tell you the proof. Rav Chisda folded Rami Bar Chama’s laundry and in exchange for that Rav Chisda told him the proof.  

The Gemara in Maseches Shabbos 10b (22 lines from the bottom) (רב חסדא הוה נקיט בידיה תרתי מתנתא דתורא) Rashi explains that Rav Chisda was a Kohen (רב חסדא. כהן הוה). If Rav Chisda was a Kohen then what is going on. Why is Rami Bar Chama saying to Rav Chisda to be Meshameish him if it is Assur to be Meshameish with a Kohen. Now you might say that Rami Bar Chama was his Rebbi. However, from the episode in the Gemara it is clear that they were 2 Talmidim of one Rebbi. Rav Chisda tells Rami Bar Chama you missed Shiur yesterday. Therefore, Tzorech Iyun Gadol. How could Rami Bar Chama say to Rav Chisda (לכי תשמש לי), do some service for me and then I will tell you the proof to the Shiur? Rav Chisda was a Kohen?

Because - Emor 5771

21:17 – 18 (יז דַּבֵּר אֶל-אַהֲרֹן, לֵאמֹר: אִישׁ מִזַּרְעֲךָ לְדֹרֹתָם, אֲשֶׁר יִהְיֶה בוֹ מוּם--לֹא יִקְרַב, לְהַקְרִיב לֶחֶם אֱלֹ קָיו יח כִּי כָל-אִישׁ אֲשֶׁר-בּוֹ מוּם, לֹא יִקְרָב: אִישׁ עִוֵּר אוֹ פִסֵּחַ, אוֹ חָרֻם אוֹ שָׂרוּעַ) We have the commandment and prohibition against allowing a Bal Mum, a Jew who has some physical abnormality to do the Avoda in the Bais Hamikdash. The language of the Posuk is somewhat striking. We are commanded that a Jew who has a physical deformity is not permitted to do the service of the Bais Hamikdash. The reason is because anyone who has a physical deformity is not allowed to do the service of the Bais Hamikdash. That doesn’t seem to make sense. (כִּי) is giving a reason, don’t do this because. The Torah doesn’t always tell us reasons, however, sometimes it does.  Here it says, (אִישׁ מִזַּרְעֲךָ לְדֹרֹתָם, אֲשֶׁר יִהְיֶה בוֹ מוּם--לֹא יִקְרַב, לְהַקְרִיב לֶחֶם אֱלֹ קָיו יח כִּי כָל-אִישׁ אֲשֶׁר-בּוֹ מוּם, לֹא יִקְרָב). Because anyone who has a Mum can’t do the Avodah. So it is saying that one cannot do the Avoda because one cannot do the Avoda. It is a Pliya? That is not a reason, it is just repeating the prohibition.

The Tosafos Beracha interprets as follows. He says the Torah is telling us that there are times that we have a Mitzvah to do and we ask why and there are times that we are told accept the Mitzvah without knowing the reason and do it because you were told to do it.

We find such an expression in the Gemara in Maseches Shabbos 21a (22 lines from the top) (א"ל אין מדליקין מאי טעמא לפי שאין מדליקין). Certain types of oils can’t be used to light Shabbos candles. Abaya asked why not? The Rebbi said because we don’t. He said don’t think into the reason, accept it.

Similarly, in Maseches Nidda 60a (9 lines from the bottom) (א"ל אין תולין מה טעם לפי שאין תולין). So we find that sometimes a Rebbi understood that you have to teach a Halacha without teaching the reason.  That is what the Torah is saying here as well. (אֲשֶׁר יִהְיֶה בוֹ מוּם--לֹא יִקְרַב, לְהַקְרִיב לֶחֶם אֱלֹ קָיו יח כִּי כָל-אִישׁ אֲשֶׁר-בּוֹ מוּם, לֹא יִקְרָב). The reason is because someone who has a Mum is not allowed to do it. Now this is what it says in Tosafos Beracha.

We can add, why should the Torah do that only here, there are many Chukim in the Torah. There are many Mitzvos Stumim, Mizvos whose meanings are not known to us. There the Torah doesn’t use this expression. Only here by a Bal Mum do we use this expression. Why is that so?

The answer would seem to be as follows. There are many Mitzvos whose reasons are not known to us, and we accept it. Any intelligent human being knows that he will not understand everything. For example the Mitzva of Parah Aduma.  We know that it is above our understanding to figure out and appreciate why a red cow is used for that particular use. Or why an Esrog is waved on Sukkos with a Lulav. It is a Chok. Don’t ask, because.

By a Bal Mum, however, a human being who has feelings, would feel bad. Why should this person not be able to do the Avodah, just because he has a physical deformity? Is he any less of a Jew? Is he any less of a valuable person? Does that make him any less of a human being?

It goes against the usual grain of B’nei Yisrael, Rachmanim, Baishanim, Gomlei Chasadim. We who care for people. When we hear that because someone is a Bal Mum he is ineligible to do the Avodah, we would question it more harshly. You would think why should that be? It is Dafka here that the Torah tells us why? Because. Because I said that a Bal Mum should not be doing the Avodah.

I would add that we are now learning Sefer Yehoshua in the Motzoei Shabbos Navi Shiur. We will come to episodes in Yehoshua which involve a lot of killing and a lot of death, and one wonders, certainly an American in the 21^st century, so much killing so much death?

Strikingly the Rishonim don’t come to explain it, they don’t come to apologize for Sefer Yehoshua. It is as if to say this was the command of Hashem and we have to accept it. It is Dafka such an issue, an issue where our sense of fairness is challenged that we have to understand the concept of Ein L’har’er Acharov.

The Kohen Gadol's Rebbetzin - Emor 5770

21:13 יג  וְהוּא, אִשָּׁה בִבְתוּלֶיהָ יִקָּח The question of the week is: There is a Mitzvah for the Kohen Gadol to only marry a Bisulah as the Posuk mentions. The  Rambam in Sefer Hamitzvois Mitzvois Asei 38 writes, not only is it a Lav for a Kohen Gadol to marry someone he is not allowed to marry, but it is a separate Mitzvas Asei to marry a Bisulah.

The Rambam also has another Shittah and that is that a Kohen Gadol can’t be married to more than one woman. This is because on Yom Kippur it says, V’chipeir B’adoi uv’ad Bai’soi, where Bai’soi is in the singular so that teaches that he is not permitted to be married to two wives.

If so, a person who becomes a Kohen Gadol in all likelihood is already married because he inherited the Kehuna Gedoila from his father. So he is not a youngster of 18. He now has a Mitzvois Asei according to the Rambam of getting married to a Bisulah. The problem is he can’t marry someone else because he is not permitted to have two wives. What is he supposed to do? Does every Kohen Gadol according to the Rambam have to divorce the wife he was previously married to in order to marry a Bisulah?

Honoring The Kohen Or The Kehuna? - Emor 5770

21:8 The Posuk says ח  וְקִדַּשְׁתּוֹ--כִּי-אֶת-לֶחֶם אֱלֹקיךָ, הוּא מַקְרִיב; קָדֹשׁ, יִהְיֶה-לָּךְ--כִּי קָדוֹשׁ, אֲנִי יְרוָר מְקַדִּשְׁכֶם  Rav Pam when honored by Yeshiva after 60 years of being in the Yeshiva, said the following Vort from the Chasam Soifer. There is a Mitzvah to be Mekadeish a Kohen. Rashi brings a Gemara in Maseches Gittin 59b which is well known ר' חייא בר אבא אמר מהכא (ויקרא כא) וקדשתו לכל דבר שבקדושה תנא דבי רבי ישמעאל וקדשתו לכל דבר שבקדושה לפתוח ראשון ולברך ראשון וליטול מנה יפה ראשון. We honor the Kohen by allowing him to be first in any Davar Shel Kedusha.  The Shulchan Aruch Even Ezer Siman Gimmel says if a Kohen walks into a Shul and says I am a Kohen, that is not enough to give him the first Aliyah. This is because we only give someone the Kohen Aliyah if he is Muchzak to be a Kohen. However, a stranger who just walks in off the street needs more proof.

The Rama disagrees and is Maikil. The Rama says a Kohen that walks in is given the first Aliyah. This is the practice that we are all familiar with. What is the reason for the Rama’s Psak? If he is a Kohen you are giving him Kohen and if he is not a Kohen, if you would have given the Aliyah to a Yisrael, you wouldn’t be honoring a Kohen, so you might as well give him the Aliyah.

Rav Pam asked that this Pshat is Shver because the explanation would only work if he was the only person who said he was a Kohen in Shul. So then you lose nothing by giving him the Aliyah. Even if he was lying a Kohen wouldn’t have received the Aliyah anyway. However, what happens if there are other Kohanim in Shul. The Rama still says that you can give him the Aliyah based on his say so. How can you do that, you are being Mevateil a Mitzvas Asei because it is possible that he is not a Kohen?

The Chasam Sofer answers that the Mitzvah of giving honor to a Kohen is really to give honor to the institution of Kehuna, to give honor to the children of Aaron Hakohen. If someone comes into Shul and says he is a Kohen, perhaps he really is not a Kohen, nevertheless if the reason you are giving him the Aliyah is because you understand that he is a Kohen, and based on that you give him the first Aliyah, you are Mekayeim the Mitzvah of giving honor and Kedusha to the children of Aaron, even though this person might not be a child of Aaron. You gave him the Aliyah because he claimed to be a Kohen so you were giving honor to Kehunah.

How did this happen to be Rav Pam’s address at the dinner? Rav Pam said the following. He said when he was given this honor at the dinner and people refer to him as the Gadol Hador and a Talmid Chochom, Rav Pam in his humility said, it causes me pain. He said I know that I am not deserving of these honors, however, the Chasam Soifer gives me comfort. Rav Pam said even if I am not deserving of these honors, since people think I am a Talmid Chochom, and give me honor as a Talmid Chochom, they are honoring the institution of Talmidei Chachamim. They are honoring the Torah. So Rav Pam was able to have comfort in getting this honor.

According to this it would turn out that if a Kohen wanted to serve someone, there is a Machloikes Rishoinim if a Kohen can be Moichel on his Kehunah. The Mechaber of the Shulchan Aruch in the end of Siman 128 says that a Kohen can be Moichel on his Kavod and can serve someone who is not a Kohen.

The GRA says that the Rambam disagrees and says that a Kohen can’t be Moichel on his Kavod. The Mishna h Berurah brings it as a Machloikes L’halacha. If there is a Kohen nthat wants to be Moichel on his Kavod he can walk into a Shul that no one knows him and pretends to not being a Kohen. Then he can be Meshameish someone. Since according to the Chasam Soifer it all depends on what is going on the mind of the person who is having the Kohen work for him.

Kehuna Konondrum - Emor 5769

In the beginning of the Parsha we are told about the Dinim of Tumas Kohanim and we find different laws for Kohen Hedyot and Kohen Gadol.  In Perek Chaf Alef Posuk Bais where the discussion is regarding Kohen Hedyoit, it says Ki Im Lishairoi Hakaroiv Ailav L’imoi Ul’aviv, mother first and father second. In Perek Chaf Alef Posuk Yud Alef where the discussion is regarding Kohen Gadol, it says V’al Kol Nifashois Meis Loi Yavoi L’aviv Ul’imoi, father first mother second. The Da’as Zikainim Ba’alei Toisafois explain, the Torah’s language has it that the greater Chiddush will be second. By the Kohen Hedyot it goes with Loi Zu Af Zu, with mother, father, son, daughter, and brother. Imoi is first because we are 100% certain that she is his mother. There are no witnesses that he is the father, we go with Chazakah and Roiv. We assume that he is the father. This is said by Kohen Hedyot where it is Mutar to be Metamei for these Kroivim. By Kohen Gadol where we are talking about being Asur to be Metamei to Kroivim, the bigger Chidush is the mother, because the father is only known with a Chazakah.

This is Shver. If he is not really his father, then the child is not a Kohen and could be Metamei anyway for this person so why is Aviv the bigger Chiddush? There are 3 Teirutzim for this Shverkeit.

1) The Kli Chemda B’sheim the Chasam Soifer asks, why is a Kohen not allowed to be Metamei? It says in Perek Chaf Alef Posuk Ches that V’kidashtoi Ki Es Hashem Elokecha Hu Makriv Kadoish Yiyeh Lach. It is because he does the Avoidah in the Beis Hamikdash. Once Roiv Paskens that he is a Kohen and can bring a Korban, now he is not allowed to be Metamei except for the seven Kroivim. 2) The Malbim says, it is talking about the Mitzvah of being Metamei. For a mother it is certainly a Mitzvah, however, for a father, perhaps it is not his real father so it is a bigger Chiddush and is still a Mitzvah. 3) At the point that the Parsha says Emor El Hakoihanim, the only Koihanim in the world were Aron, Elazar, and Isamar. They all were not Kohanim because their father was a Kohen. During the Yimei Miluim, Moshe declared them Kohanim with Nevua. By them they are Kohanim no matter what, so the whole Kasha falls away.