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PARASHAT TAZRIA

By Rav David Silverberg

 

            Parashat Tazria deals mainly with the topic of tzara'at, the various forms of discoloration that surface on people or garments and render them tamei (ritually impure).  The Gemara (Arakhin 16b) famously teaches that these phenomena generally occur as punishment for certain forms of wrongdoing, particularly for lashon ha-ra – negative speech about other people.  On this basis, the Gemara explains the halakha requiring a person stricken with bodily tzara'at to live in isolation outside his city until the discoloration is cured: "He separated between husband and wife and between a man and his fellow; the Torah therefore said (13:46), 'He shall dwell in isolation…'"

 

            A person who speaks lashon ha-ra draws the listener's attention to the negative qualities of the subject.  Even if he inserts the lashon ha-ra amidst a complimentary evaluation ("He's a nice person who does great things, but…"), the mention of the person's less admirable characteristics immediately arouses interest and a critical or resentful reaction on the part of the listener towards the person in question.  Thus, as the Gemara notes, it has the effect of "separating between husband and wife and between man and his fellow."  A close relationship, such as between spouses or friends, requires the parties to respect each other's virtues while forgivingly accepting their shortcomings.  When lashon ha-ra is spoken to one member of a relationship about the other, the foundation of the relationship is threatened.  The derogatory report shines the spotlight onto specifically the aspects of the individual's character that his fellow must be willing to dismiss as a brief footnote, a peripheral issue that assumes little significance in his overall admirable assessment of his beloved friend.  The gossiper threatens to break relationships because he highlights the information that ought to be consigned to the margins, and brings to the fore unfortunate events that should be forgotten and forgiven.

 

            "The Torah therefore said, 'He shall dwell in isolation…'"  A person who finds it necessary to focus his attention – and draw other people's attention – onto specifically the less admirable qualities of his peers is condemned to live in solitude.  Besides issuing a punishment against the talebearer, the Torah perhaps also indicates that almost by definition, a habitual gossiper will find himself alone, in a state of "isolation" of one sort or another.  Unless he is able to overlook the flaws and foibles of the people around him, he will be unable to establish stable and fulfilling friendships.  Emphasizing the faults of others thus results in a life "outside the camp," without the support and companionship of loving friends and relatives.

 

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            The first section of Parashat Tazria discusses the laws relevant to a yoledet, a woman who had given birth, particularly as they affect her status with regard to entering the area of the Mishkan.  The Torah assigns a period after childbirth within which a mother may not enter the Mishkan, and then requires that upon the completion of this period she brings a sacrifice "to the entrance of the Tent of Meeting, to the kohen."  Torat Kohanim, implicitly questioning the Torah's verbosity of this phrase, explains that it alludes to a halakha requiring "she-hi mitapelet bahem" – literally, "that she deals with them [the animals]."

 

            We find among the commentaries two approaches taken in explaining this remark.  The Rash Mi-Shantz explains that the woman bears the obligation to cover the costs for bringing the animals to the Temple for her sacrifice.  She cannot simply choose the animals and then demand that the kohanim or Temple treasurers transport the animals to the Mikdash.  Rather, the woman offering the sacrifice bears the responsibility for the animals' transport.  Rabbenu Hillel and the Malbim, however, explain differently, claiming that the yoledet is required to personally bring the animals to the Beit Ha-mikdash; she may not even hire somebody to transport the animals on her behalf.

 

The Malbim notes that Torat Kohanim already made this comment regarding a person who brings a voluntary ola offering (Vayikra 1:3).  There, too, Torat Kohanim establishes a requirement for the individual to "deal" with the animal, which the Malbim understands to mean that he must personally accompany the animal to the Temple.  (The Rash Mi-Shantz explains that comment, as well, as referring to covering the cost, rather than personal involvement.)  The Malbim claims that Torat Kohanim's inference in the context of the ola establishes a general rule that applies to all sacrifices, but the Torah nevertheless found it necessary to specify this requirement with regard to a yoledet, who brings the sacrifice in a state of tum'a.  A yoledet's status of ritual impurity is lifted only after the offering of her sacrifice, and thus she may not proceed past the entrance to the Temple courtyard when she brings this sacrifice.  One might have thought, the Malbim contends, that since in any event the yoledet cannot enter the Sanctuary, she might just as well commission or hire somebody to bring her sacrifice in her stead.  The Torah therefore found it necessary to allude to the halakha requiring that she personally bring her sacrifices to the Mikdash.  (As mentioned, this is in contrast to the view of the Rash Mi-Shantz, who held that one may, in fact, have somebody else bring his sacrifice to the Temple.)

 

We might suggest extracting a meaningful lesson from the Malbim's discussion of the Torat Kohanim's comment.  Namely, a person's inability to proceed "into the Mikdash," to reach the highest desired levels of achievement in Torah and mitzvot, should not deter him from reaching as close to those levels as he can.  Just as a yoledet's status of impurity bars her from entering the Temple courtyard until after the offering of her sacrifice, similarly, we all possess "impurities" of one kind or another that prevent us from achieving greatness.  As the Malbim remarked, these obstacles might lead one to question the value in journeying to the Mikdash altogether, and to instead leave this pilgrimage to other, "purer" individuals.  This halakha should perhaps remind us to strive to achieve to very best of our ability, and not feel discouraged or disheartened if we are unable to proceed all the way into the "Mikdash."

 

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            Yesterday, we discussed a comment of Torat Kohanim relevant to the sacrifice that a yoledet – a woman after childbirth – must bring as part of her process of purification from her state of tum'a.  Torat Kohanim remarked "she-hi mitapelet bahem," which literally means that the yoledet must "deal" with the animals she brings as a sacrifice.  The Rash Mi-Shantz, in his commentary to Torat Kohanim, explains this passage as requiring simply that the woman cover the cost of transporting the sacrificial animals to Jerusalem.  Others, including the Malbim, Rabbenu Hillel and the Korban Aharon, explain that Torat Kohanim requires the yoledet to bring the animals personally; she may not hire somebody else to bring them in her stead.

 

            We also noted that Torat Kohanim makes this same comment earlier, in the context of a person bringing a voluntary sacrifice (Vayikra 1:3), indicating that this halakha is not unique to the case of a yoledet.  Whenever a person brings a sacrifice, it appears, he must "deal with" the animal, which, as we saw, means either covering the cost of its transportation or personally bringing it to the Mikdash.

 

            The question naturally arises as to why the Torah (as explained by Torat Kohanim) would make reference to this halakha in the specific context of yoledet once it has been established with regard to other sacrifices.  If the Torah already introduced a general rule that applies to all people who bring a sacrifice, why does it make particular mention of this rule here, regarding the yoledet?  The Malbim, as we saw yesterday, noted that since a yoledet remains in a state of tum'a until after the offering of her sacrifice, she may not enter the Temple courtyard.  One might have thus mistakenly concluded that a yoledet – as opposed to others – is not required to personally bring her sacrifice, and can just as well send it with somebody else.  This possible misconception prompted the Torah to allude to this halakha here in the context of a yoledet.

 

            Of course, this explanation presumes the view that Torat Kohanim requires one to personally bring the sacrifice to the Temple.  According to the approach that Torat Kohanim refers to covering the transportation costs, there seems to be little reason for the Torah to make reference to this halakha in the specific context of the yoledet, once it has been established regarding all sacrifices.

 

            It should be noted that there may exist a third view, one which distinguishes between in this regard between different kinds of sacrifices.  Discussing the case of a voluntary offering, the Ra'avad, in his commentary to Torat Kohanim, follows the view of the Rash Mi-Shantz that Torat Kohanim refers to the obligation to cover the transportation costs.  The Ra'avad then adds that the individual cannot transfer this responsibility to the kohanim "because this is a voluntary [offering], and is not an obligation upon him; he is thus obligated to bring it."  According to the Ra'avad, it is the voluntary nature of the sacrifice that requires the individual to cover the cost of the animal's transportation.  Since he volunteered to bring the offering, he must accept full responsibility for this undertaking.  The clear implication of the Ra'avad's comment is that in cases of an obligatory offering, one can indeed cast the responsibility upon the kohanim or the Temple treasury officials.  Since the individual did not volunteer to bring this offering, he need not bear personal responsibility for the cost of the animal's transportation.

 

            If so, then we must ask why Torat Kohanim mentions this halakha even in the context of a yoledet, who is obligated to bring an offering to the Temple.  Why must the yoledet cover the expense of transporting the animal, if, as the Ra'avad indicate, the requirement for covering the cost of transportation stems from the voluntary nature of the sacrifice?  Apparently, the Ra'avad understood that the Torah made an exception in the case of yoledet, and required her to pay the cost of transportation despite her being obligated to bring this sacrifice.  It remains unclear, however, why this should be the case.

 

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            The first section of Parashat Tazria discusses the laws of tum'at yoledet, the status of tum'a (ritual impurity) that applies to a woman after childbirth, and the process of tahara (purification) from this status, which requires the offering of a sacrifice.  The standard sacrifice required of a yoledet is a sheep and a bird (a pigeon or turtledove – 12:6), but the Torah makes a special dispensation for a woman who cannot afford a sheep: "If she cannot afford enough for a sheep, then she shall take two pigeons or two turtledoves…" (12:7). In such a case, the woman is allowed to bring the less costly offering of two birds, rather than a sheep and a bird.

 

            Torat Kohanim comments that this halakha applies even to a woman who can afford to purchase a sheep, but cannot afford tzorekhin – literally "the needs."  Even in such a case, the woman is allowed to bring the less expensive sacrifice, despite the fact that she can afford a sheep, since she is unable to afford "tzorekhin."  Torat Kohanim makes a similar comment earlier in Sefer Vayikra, with respect to the parallel halakha of the korban oleh ve-yoreid sacrifice.  This sacrifice, which one must bring on the occasion of certain transgressions (as detailed in Vayikra 5:1-4), is brought in accordance with his financial status.  There, too, the Torah writes that if somebody cannot afford a sheep he may bring instead two birds as his offering (5:7), and the Torat Kohanim comments that this applies even if the individual can afford a sheep but cannot afford tzerakhav – "his [or 'its'] needs."

 

            We find two approaches taken in explaining this term.  Some writers explain that Torat Kohanim refers here to the "needs" of the person, meaning, to a situation where the individual in question can afford to purchase a sheep, but only if he foregoes on some of his regular expenses.  Chazal here establish that we do not demand that the sinner – or the woman after childbirth – skimp on his basic necessities in order to allocate money for the purchase of an expensive offering.  Rather, he may continue buying and consuming as he normally does, and bring the less costly sacrifice.  Others, however, explain differently, claming that Torat Kohanim refers to the "needs" of the animal.  Rabbenu Hillel, for example, maintains that Chazal speak here of a case where the individual can afford a sheep but not the secondary expenses, such as transportation and food for the animal.  In such a case, Chazal establish that the person can bring the less expensive offering, despite his being able to afford a sheep.

 

            Interestingly enough, the Or Ha-chayim, in his commentary to Parashat Vayikra (5:7), maintains that Torat Kohanim refers to different cases in the two different contexts.  In reference to the korban oleh ve-yoreid, he follows the first interpretation, whereby Chazal speak of a person who could afford a sheep only by reallocating funds needed for his basic necessities.  With regard to the yoledet (woman after childbirth), however, the Or Ha-chayim claims that Torat Kohanim refers to the "needs" of the sacrifice, namely, the accompanying nesakhim (wine libation).  He notes that unlike in the case of a korban oleh ve-yoreid, the sacrifice of a yoledet entails both a chatat (sin-offering) as well as an ola (burnt-offering).  Under normal circumstances, a yoledet brings a sheep as an ola and a bird as a chatat, while if the woman cannot afford a sheep, she brings a bird as a chatat and another as an ola.  As we know from later in the Torah (Bamidbar 15:1-16), whenever one offers a sheep (or bull) as an ola offering he must bring nesakhim along with the animal.  Hence, in the standard case of a yoledet, where she brings a sheep and a bird, she must include nesakhim with her offering, whereas an underprivileged yoledet, who brings two birds, does not include nesakhim, since nesakhim are not required when bringing a bird offering.  Accordingly, the Or Ha-chayim writes, when Torat Kohanim speaks of the "needs" of the offering in the context of a yoledet, it refers to the accompanying nesakhim.  That is, Chazal here address a case of a woman who can afford a sheep but cannot afford the accompanying wine libation, and Halakha allows this woman to bring the less expensive offering of two birds.  Even though she can afford to bring a sheep, her inability to purchase the accompanying nesakhim allows her to bring the expensive offering.

 

            This also appears to have been the position taken by the Chafetz Chayim, in his commentary to Torat Kohanim.  In the context of korban oleh ve-yoreid, he explains the term "tzorekhav" as referring to the sinner's personal necessities, whereas with regard to the yoledet he explains that Torat Kohanim refers to the wine libations that accompany the sheep ola sacrifice.

 

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            Parashat Tazria discusses many of the laws concerning nega'im, discolorations that would surface on a person's body or possessions that, in some instances, rendered the individual, his garment or his home tamei (ritually impure).  As the Torah emphasizes throughout this discussion, the determination of tum'a (impurity) was made only by a kohen, who would inspect the discoloration and, based on the laws of this area of Halakha, would declare the person or object as either tamei or tahor (pure).

 

            Commenting on the words ve-ra'ahu ha-kohein ("The kohen shall look at it" – 13:5), Torat Kohanim writes, "Kulo ke-achat" – "All of it simultaneously."  Meaning, if the discoloration covers an area that cannot be seen all at once, it does not render the individual tamei.  Torat Kohanim establishes on this basis that a discoloration on one of the body's rashei eivarim ("primary limbs"), such as fingers and toes, does not cause a state of tum'a, since the discoloration cannot be seen all at once.  A discoloration that extends around a finger, for example, does not render the person tamei because the kohen can only see one side of the discoloration at a time.  The Tosefta (Negaim 2:5) qualifies this halakha, noting that even on these limbs a discoloration results in tum'a if "mekoman yosheiv ke-geris."  The Vilna Gaon (in his commentary to the Tosefta) explains this to mean that a spot on these limbs can generate tum'a if the size of a geris (a certain type of bean, roughly the size of an American penny) is visible at one moment.  People with fleshy hands, for example, might have thick enough fingers for a geris-sized mark to appear on one side of the finger.  In such a case, the individual can be declared tamei even if the discoloration extends around the finger.  Since there is a geris-worth of discoloration that the kohen can see in a single instant, the individual is a candidate for tum'at tzara'at despite the fact that the entire mark cannot be inspected at the same time.

 

            Some writers raised the question as to the relationship between this halakha and a comment found earlier in Torat Kohanim, regarding the verse, "The kohen shall look at the infection in the skin of the flesh" (13:3).  Torat Kohanim, somewhat ambiguously, interprets this to mean that the kohen "shall see all the flesh with it, all at once."  The Ra'avad explains this comment as entirely unrelated to the previous discussion.  In his view, it means that the discoloration must be surrounded on all sides by skin, and not be situated just next to the hairline or beard.  The process of determining tzara'at includes a waiting period (hesger) after which the kohen inspects the infection to see if it expanded.  As such, tzara'at is possible only if the initial discoloration does not appear immediately next to the hairline, in order to ensure the possibility of identifying its expansion.

 

Rabbenu Hillel, however, explains this comment differently, seemingly along the lines of the halakha discussed above.  In his view, this passage, too, establishes the condition that the entire infection is visible at the same time, to the exclusion of marks that extend to two sides of limbs such as fingers and toes.  This interpretation of course gives rise to the question as to why Torat Kohanim would present this halakha twice, in the context of two different verses.

 

            An answer to this question appears in the collection of notes published anonymously as an appendix to Rav Shechna Koliditzky's edition of Rabbenu Hillel's commentary (Jerusalem, 1961), notes that have been since identified as the work of Rav Yitzchak Hutner.  (See Rav Menachem Kasher's introduction to volume 25 of Torah Sheleima, note 3.)  Rav Hutner suggested that even according to Rabbenu Hillel, these two passages in Torat Kohanim address two distinct issues.  From the verse, "The kohen shall look at the infection in the skin of the flesh," Torat Kohanim infers a halakha requiring that at least part of the infection be simultaneously visible with healthy skin.  In order for a discoloration to render a person tamei, the kohen must be able to view part of the infection together with non-discolored skin.  This condition will affect the case of a person with a geris-sized discoloration on one side of a finger or toe, which, as we saw in the Tosefta, qualifies as a tzara'at infection since a geris-worth of discoloration is visible at one time.  However, if the infection covers the entire side of the finger, and does not extend to the other side, it cannot qualify as a tzara'at infection, since it cannot be seen simultaneously with healthy, normal-colored skin.  Thus, these two passages in Torat Kohanim establish two different conditions for a discoloration on one of the roshei eivarim to qualify as a tzara'at infection: at least a geris-worth is visible at once, and some healthy skin is visible together with at least some part of the infection.

 

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            The final section of Parashat Tazria addresses the topic of tzara'at ha-beged, discolorations that appear on woolen or linen garments rendering them tamei (impure).  If such a discoloration is determined to indeed constitute a tzara'at "infection" in the garment, the garment must be burned.

 

            The Tosefta (Nega'im 7:14) writes that a garment determined to be afflicted with tzara'at must be brought outside the city, rather than be burned within the city limits.  Furthermore, the Tosefta adds, with regard to this halakha the manifestation of tzara'at in garments is more severe than its manifestation on human skin.  A person suffering from a tzara'at infection on his skin is banned only from walled cities; he may continue residing in open cities.  Infected garments, by contrast, must be brought outside all cities, even those without a surrounding wall.  The Rambam codifies this halakha in Hilkhot Tum'at Tzara'at (13:15): "Infected garments are sent outside the city – whether it was surrounded by a wall or not surrounded by a wall; in this respect garments [with tzara'at] are treated more stringently than people [with tzara'at]."

 

            The Minchat Chinukh (172) notes that according to this view, we must conclude that the laws of tzara'at ha-beged apply even outside the Land of Israel.  The Mishnayot in the first chapter of Masekhet Keilim (6-9) delineate the various gradations of halakhic kedusha that apply to different areas.  The Mishna begins by noting the elevated status of Eretz Yisrael with respect other locations, and then mentions the special status afforded to walled cities in the Land of Israel, from which people stricken with tzara'at are barred.  The Minchat Chinukh observes that the Mishna makes no mention of a special status that sets non-walled cities apart from other areas in Eretz Yisrael.  According to the Tosefta, however, cities differ from other areas in that garments stricken with tzara'at must be removed specifically from cities, but not from other areas.  The Minchat Chinukh concludes that the Mishna omits this distinction because the laws of tzara'at ha-beged apply both in Eretz Yisrael and outside Eretz Yisrael.  As such, a garment's banishment from cities cannot be the product of any special status of kedusha, and therefore these cities are not mentioned as part of the gradation of kedusha statuses discussed by the Mishna.

 

            The Tosefot Yom Tov, in his commentary to Masekhet Keilim (1:7), appears to have taken a different view.  According to the Tosefot Yom Tov, non-walled cities are different from other areas in Eretz Yisrael in that stones from homes afflicted with tzara'at must be sent away from cities.  He thus indeed questions why the Mishna makes no mention of a distinction between non-walled cities and the rest of Eretz Yisrael in its list of the different gradations of kedusha.  The Tosefot Yom Tov answers that the Mishnayot list only the statuses that result in the barred entry of certain groups of people – as opposed to inanimate objects – into the given region.  The fact that stones from an infected home are sent away from cities thus did not warrant inclusion in the hierarchy presented by the Mishna.  Clearly, the Tosefot Yom Tov acknowledged the special status of cities over other regions in Eretz Yisrael, and he attributed the omission of this status from the Mishnayot to a mere formality.  This is thus in contrast to the view of the Minchat Chinukh, who held that the laws of tzara'at as they pertain to non-walled cities apply throughout the world, and therefore do not reflect any status of kedusha that is unique to cities in Eretz Yisrael as opposed to other areas in Eretz Yisrael.

 

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            The Gemara in Masekhet Bava Metzia (86a) tells a famous story relevant to the laws of tzara'at, the topic that occupies most of Parashat Tazria.  The story relates specifically to the halakha (established in the Mishna, Nega'im 4:11) that a skin discoloration qualifies as tzara'at only if the skin changed color prior to the discoloration of the hair situated on that spot on the skin.  If the hair turned white before the skin, the individual is not considered afflicted with tzara'at, even if the discoloration meets all the other qualifications.  The Sages in the Mishna (ibid.) debate the question of whether a person is considered tamei if he is unsure whether or not the skin turned white before the hair.

 

            The Gemara records that this issue was debated as well in the metivta de-reki'a – the "heavenly academy."  The students in the academy ruled that such an individual is indeed considered tamei, whereas the Almighty Himself, as it were, held that a person retains his presumed status of tahara unless he knows for sure that the skin had changed color first.  The academy summoned the expertise of Rabba Bar Nachmani, a scholar was at the time was fleeing from the Roman authorities.  As he breathed his final breath of life, Rabba uttered the word "tahor," siding with God's decision that a person in such a case is deemed ritually pure.

 

Interestingly enough, however, the Rambam, in Hilkhot Tum'at Tzara'at (2:9), disregards this story and sides with the majority view recorded in the Mishna, which maintains that a person in such a case is in fact tamei.  Apparently, the Rambam felt that the discussion in the "heavenly academy" has no bearing on the halakhic conclusions relevant for life on earth.  We are bound by the standard principles of halakhic decision-making, which mandate following the majority view among the scholars, and the corresponding process of halakhic deliberation in the "heavenly academy," however one chooses to explain this concept, has no practical relevance to the final halakha on earth.

 

            Rav Yehuda Leib Ginsburg, in his Yalkut Yehuda, adds that symbolically underlying this tension between the "heavenly" and "earthly" decisions on this issue there might perhaps be a fundamental distinction between these two perspectives.  As discussed, the case in question involves a person who cannot ascertain whether the skin first changed color, in which case he is deemed tamei, or if the hair first changed, in which case he retains his status of purity.  This halakha might allude to the fact that when a person feels uncertain about his status, if he cannot definitively determine whether or not he has acted wrongly, he is advised to accept the less favorable judgment.  Just as Halakha in the case of tzara'at requires the individual to consider himself tamei, despite his uncertainty on the issue, so should we be exacting and uncompromising in our self-evaluation, and take note of even the questionable and marginal flaws that we identify.  God, however, of course knows the truth of a person's thoughts and conduct, and can judge based upon this absolute truth.  So while the Almighty can render a person in such a case tahor, free of guilt, we, for our part, must judge ourselves with rigorous scrutiny and self-criticism such that even questionable "tum'a" is recognized and thoroughly addressed.