INTPARSHA61 -25: Parashat Shemini

From: "Yeshivat Har Etzion's Israel Koschitzky Virtual Beit Midrash"
To: yhe-intparsha@vbm-torah.org
Subject: INTPARSHA61 -25: Parashat Shemini

YESHIVAT HAR ETZION
ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH (VBM)
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INTRODUCTION TO PARASHAT HASHAVUA

PARASHAT SHEMINI

The Laws of 'Tuma' and 'Tahara'
By Rav Michael Hattin

Introduction

Parashat Shemini begins with the completion of the
sacrificial ceremonies associated with the dedication of the
Mishkan, or Tabernacle. The unfortunate and untimely demise
of Aharon's two eldest sons, who presented an unauthorized
offering of incense before God, is then described, followed
by a Divine injunction proscribing the consumption of
intoxicants by the ministering priests. Some details of
sacrificial law, made pertinent by Aharon's state of
mourning, are then spelled out, before the Torah moves on to
introduce the laws of permitted animals, birds, and fish.

It is within the context of the latter subject that the
Torah formally (but here only fleetingly) presents a series
of statutes that together constitute one of the most
significant, if least understood, foundations of the Book of
Vayikra:

"Every animal that walks on its paws among the four-
footed animals shall be 'unclean' to you, and whoever
touches its carcass shall be 'unclean' until evening.
Moreover, one who lifts its carcass must wash his
clothing and remain 'unclean' until evening. They are
'unclean' to you" (Vayikra 11:27-28).

The Biblical laws of Tuma and Tahara, invariably but
inadequately translated as 'unclean' and 'clean,' are to be
found scattered throughout many of the parashiyot of the
Torah, but the core of the matter is to be found in the Book
of Vayikra, and in particular within the parashiyot of
Shemini, Tazria and Metzora (Vayikra Chapters 11-15). In
order to emphasize that the vocabulary of unclean and clean
is a deficient and misleading pair of terms, we shall
intentionally use Tuma and Tahara without translation, later
hoping to gain further insight through an investigation of
their respective grammatical roots.

Over the course of the next two weeks, we shall examine
some of these laws, with the intent of coming to a more
profound appreciation of the matter, at least insofar as its
broader themes are concerned. Along the way we may achieve
a more cautious respect for an important aspect of Torah
legislation that most people unfortunately but
understandably regard as obscure, enigmatic and absolutely
obsolete. The reader is advised to peruse Chapters 11-15 of
the Book of Vayikra, so that the discussion that follows
will be more intelligible as well as more easily recognized
as being anchored in the Biblical text. For the purposes of
brevity, we shall begin our discussion by listing an
important series of lists pieced together from a large
number of textual sources. It should be regarded as a
concise but comprehensive guide that makes, however, no
attempt at exhaustiveness. Above all else, we would do well
to begin our investigation by recalling the sage advice of
Rambam (12th century, Egypt), who concluded his discussion
of the Laws of Immersion by remarking:

"It should be clear and obvious that the laws of Tuma
and Tahara are decrees of the Torah that would not
necessarily have been formulated by the exercise of
human reason and logic. These laws are rather included
among the 'Chukim' - Divine injunctions without an
obvious rational basis."

Some Helpful Background

Generally speaking, we may divide up the application of
the laws of Tuma and Tahara into three distinct realms. The
first addresses SOURCES of Tuma, namely those items that
serve as generators of this condition. What sorts of things
are Tamei, and by what mechanism is Tuma transferred from
one thing to another? The second speaks of PROCESSES of
Tahara, namely the ritual procedure necessary to dissipate a
state of Tuma and reinstate a condition of Tahara in its
place. How does a person or an object overcome a state of
Tuma and achieve Tahara in its stead? The third concerns
the IMPACT of the circumstance of Tuma, for what limits does
this curious condition impose upon the person or object so
affected? It should be stated at the outset that for the
most part, the laws of Tuma and Tahara are no longer
practiced today in any form, with the exception of certain
circumscribed circumstances that shall be enumerated.

SOURCES of Tuma

According to Biblical law, there are a number of
distinct objects or situations that act as sources of Tuma.
The first category of things relates to physical death.
Thus, the human corpse is regarded as one of the most
virulent sources of Tuma (Bemidbar 19:11), as is the dead
reptile or 'creeping thing' (Vayikra 11:29-31) as well as
the carcass of various 'clean' animals (Vayikra 11:39),
'unclean' animals (Vayikra 11:26-28), and 'clean' birds
(Vayikra 17:15). Parenthetically, in this context, 'clean'
and 'unclean' refer to what we today call kosher and non-
kosher, namely those creatures ritually fit for consumption
and those disqualified from consumption. In all of the
above cases, contact (which may include indirect carrying
or, in the case of the corpse, overshadowing) with the dead
object renders the person, vessel or foodstuff tamei. In
some cases, that Tuma can be communicated to another object
in turn, but to a lesser degree.

The second category of Tuma arises as a function of
various issues emanating from the living human being. Thus,
the 'Zav' (Vayikra 15:2) is a male who suffers from some
sort of flux or discharge (erroneously translated as
gonorrhea), the 'Zava' (Vayikra 15:25) is a female similarly
afflicted, the 'Nida' (Vayikra 15:19) is the menstruating
woman, the 'Yoledet' (Vayikra 12:2) is the woman who has
given birth, the 'Tzarua' (Vayikra 13:2 et al) has one of a
number of possible debilitating skin conditions (erroneously
translated as leprosy). All of these individuals, as well as
the male who has experienced a seminal emission ('shichvat
zera' - Vayikra 15:16), are considered to be in a state of
Tuma, and their bodily secretions are similarly tamei.
Curiously, the woman who has given birth to a male child is
temeia for a period of seven days, but if a female child has
been born, the period of Tuma is twice as long - fourteen
days.

Finally, we have forms of Tuma that are associated with
specific sacrificial rites that render individuals involved
with the process of their preparation tamei. The burning of
the red heifer as well as contact with the resulting ash
(Bemidbar 19:7 et al) are sources of Tuma, as are various
bullock sacrifices (Vayikra 4:3) associated with
transgressions of the High Priest ('Par Cohen Mashiach'),
the Congregation of Israel ('Par Ha'alem Davar shel Tzibbur'
- Vayikra 4:13), and the Yom Kippur service ('Par Yom
HaKippurim' - Vayikra 16:3). In all of the above, those
individuals involved with burning the sacrifice are rendered
tamei for their efforts! Additionally, some he-goat
sacrifices, such as that of Yom Kippur ('Sair shel Yom
HaKippurim' - Vayikra 16:27) as well as that of the
Congregation of Israel (Vayikra Bemidbar 15:24), have a
similar effect. Lastly, the Scapegoat of the Yom Kippur
service (Vayikra 16:26), banished to the desolate wilderness
bearing the iniquities of the People of Israel, causes its
sender to enter a state of Tuma.

The detailed regulations and contingencies associated
with the above items are very involved and beyond the scope
of this essay to explore. Bear in mind that the largest of
the six orders of the Mishna is none other than 'Taharot,'
which deals at great length with this subject matter. Our
intent is to arrive at some general understanding of the
conceptual framework, without attempting to entirely
integrate every particular into this structure, an
undertaking that would be onerous and of necessity
contrived. For the present, therefore, let us content
ourselves by noting that Tuma thus far seems to have some
association with physical death, the functioning or
malfunctioning of the male and female reproductive organs,
or sacrifices associated with rather serious transgressions.
Additionally, barring this last division of sacrifices, the
state of Tuma does not appear to express a moral value but
rather a imperative. That is to say that Tuma does not seem
to be a function of a person's moral or ethical conduct, but
solely a result of the body's self-regulated processes of
growth and decay.

PROCESSES of Tahara

Just as the sources of Tuma include a diversified
series of items and situations, so too the process of Tahara
associated with each of them involves a different ritual.
Thus, in order to effect Tahara for an individual who has
come into contact with the human corpse, sprinkling with a
solution of red heifer ashes and spring water must take
place on the third and seventh day, followed by immersion in
a mikva or specially constructed ritual pool of water. For
contact with the carcasses enumerated above, ritual
immersion is sufficient, and the Tahara is completed by the
onset of nightfall. For the 'Zav,' 'Zava,' or 'Yoledet,'
the presentation of special sacrifices is also ordained.
The individual afflicted with 'tzara'at' undergoes a complex
and involved ceremonial including the presentation of two
birds, one of which is set free. It should be noted that in
all cases, the Tahara does not impact on the actual source
of Tuma itself, be it the corpse, the flux, the carcass
etc., but rather on the person or vessel who came into
contact with that source. In other words, there is no way
to 'purify' the corpse from its tamei state. Only the
person or object that touched, carried or overshadowed the
corpse, thus becoming tamei in the process, can be restored
to a state of Tahara according to the prescribed rituals.

The above outline illustrates that it is difficult to
speak of a general process of Tahara that is universally
applicable. What can be ascertained, however, is that all
forms of Tahara involve the element of WATER, whether it be
the spring water of the sprinkled ashes of the red heifer,
the immersion in the waters of the mikva, or the 'living
waters' associated with the Tahara of the 'Tzarua.'

The IMPACT of Tuma

Of what consequence is it to be in a state of Tuma? It
should be obvious by this point that the state of Tuma does
not express itself in the realm of the physical, but is
rather a state of being. Significantly, with some notable
exceptions, the state of Tuma imposes absolutely no
qualifying factors upon the individual so affected, except
with respect to one critical limitation. One who is in a
state of Tuma is denied entry into the precincts of the
Mishkan/Mikdash (Tabernacle in the wilderness and later
Temple at Jerusalem) and is not permitted to participate in
the associated activity of partaking of sacrificial meats or
sanctified foods. The degree to which one's entry is
curtailed is a function of the specific Tuma with which one
is affected, for the Temple compound contains varying areas
of sanctity. This qualification is such a glaring feature
of the state of Tuma that the Rambam (12th century, Egypt)
adopted it as the underlying rational for this otherwise
inexplicable series of laws.

Writing in the Guide to the Perplexed (3:37) he
remarks:

"We have already explained that the purpose of the
Temple was to inspire the visitor with feelings of
reverence and awe (of God). It is well known that any
encounter, no matter how exalted or noble, loses its
efficacy when it is experienced regularly, and its
effect on the human soul and personality
correspondingly decreases. Therefore our Sages have
suggested that it is not preferable to visit the Temple
too regularly.This being the case, the Torah legislated
such a multitude of forms of Tuma and barred those
individuals in a state of Tuma from entering the
Temple, in order to limit the possibility of being in a
state of Tahara and therefore the opportunity of entry.
If a person is able to avoid contact with an animal
carcass, he will be less able to avoid contact with a
dead reptile or creeping thing, for they are quite
commonly found in houses and in foodstuffs. If he
succeeds in averting them, he will surely come into
contact with a 'Nida,' 'Zava,' 'Zav' or 'Yoledet' or
touch the objects upon which they have alighted.All of
these regulations are a means of limiting one's access
to the Temple and discouraging habitual entry to its
precincts.thus preserving the reverential character of
the place and safeguarding the purpose of instilling
humility before God."

Thus, although we may disagree with Rambam's underlying
thesis that the incredibly complex and involved laws of Tuma
are simply legislated as impediments to Temple entry, we can
not deny the linkage. Being in a state of Tuma effectively
bars one from treading upon its hallowed ground. It is for
this very reason that observant Jews to this day will not
ascend the Temple Mount, for certain forms of Tuma (such as
that associated with corpse contact) cannot be removed in
the absence of as-of-yet-unrestored rituals. It is not
disconnection for the place but rather, paradoxically,
intense reverence for it that self-excludes many Jews from
the area of the Temple Mount.

Conclusion

This week we have investigated some of the basic
foundations of the laws of Tuma and Tahara as they appear in
Parashat Shemini and as we shall encounter them in next
week's section as well. We have so far made no attempt to
integrate what we have seen into any sort of a larger idea,
although we have already begun to notice certain repeating
motifs that may in fact be intertwined. The death quality
of Tuma, the water element of Tahara and the looming
presence of the Temple are all factors in this complex
equation. What can be stated conclusively at this point, is
that Tuma and Tahara appear to exist in some sort of a
binary relationship; either one is in a state of Tuma or
else one is in a state of Tahara, there being no other
middle ground between the two. Next week we shall continue
our attempts to define the terms with greater accuracy and
precision, and to present an argument for their eternal
relevance for us as well.

Shabbat Shalom

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

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