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.
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