YESHIVAT HAR ETZION
ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH PROJECT(VBM)
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TALMUDIC METHODOLOGY
by Rav Moshe Taragin
Kedushat Arei Choma
The mishna in Keilim perek 1 mishna 6 describes the ten
levels of kedusha which inhere in our physical world. These
ten levels represent 10 different 'rings' all of which are
part of Eretz Yisrael. The concept of kedushat makom does not
apply outside the boundaries of Eretz Yisrael - quite the
opposite - chutz la-aretz is metameh mi-derabanan. The climax
of these kedushot is the kodshei ha-kodashim while the
'lowest' level is the general kedusha of Eretz Yisrael
manifested by the ability to bring bikkurim and shtei ha-
lechem - mitzvot which can only be performed with produce of
Eretz Yisrael. The second level (in ascending order after
Eretz Yisrael) relates to kedushat arei choma - walled cities
within Eretz Yisrael. This article will attempt to dissect
the anatomy of these cities and their kedusha.
The principle manifestation of 'kedushat arei choma' is
that metzora'im must exit these cities during the period of
their leprosy. Grasping the essence of kedushat arei choma
would seem to warrant analyzing this halakha - the primary
manifestation of these cities' kedusha - very carefully. Of
course, this halakha of shiluach metzora'im is reminiscent of
another zone of kedushat Eretz Yisrael - namely Yerushalayim.
Can we compare arei choma to Yerushalayim and thereby discover
something of the essence of the former?
The sources for shiluach metzora'im from Yerushalayim can
be found in two locations in the Torah. Firstly in Vayikra
13:46 the Torah writes "badad yeishev mi-chutz la-machaneh
moshavo - he should remain in isolation, outside of the
encampment should be his dwelling." In Bamidbar 5:1-4 the
Torah writes "ve-yishalchu min ha-machaneh kol zarua...el mi-
chutz la-machaneh teshalchum ve-lo yitamu et
machaneihem...(they should send a metzora outside of their
machaneh... they should be sent out of the machaneh so that
the machaneh is not defiled." These pesukim inform us that
the metzora is the most stringent form of tum'a at least vis-
a-vis departing machanot. During the desert encampment three
distinct machanot were established: machaneh kehuna which
included the mishkan, machaneh leviya where the levi'im
dwelled, and machaneh Yisrael which included the area of the
general population. Unlike other people who are tamei, the
metzora must depart from all three machanot. The Tosefta in
Keilim (perek 1) as well as the gemara in Zevachim (116b) each
determine that this 'machaneh' structure existed even in Eretz
Yisrael with Yerushalayim serving as machaneh Yisrael. Hence
the chiyuv upon the metzora to depart Yerushalayim stems from
these pesukim which instruct him to withdraw from all three
machanot - including machaneh Yisrael - Yerushalayim.
What about batei arei choma? What is the source for the
halakha of shiluach metzora'im from these cities? The Rash
Mi-shantz, in his comments to the mishna in Keilim, groups
this halakha with the overall halakha of Yerushalayim.
According to the Rash evidently, these walled cities as well,
have a din of machaneh Yisrael just like Yerushalayim and
hence, a metzora must withdraw. Rashi reiterates this
position in Erchin (32b) when he maintains that the walled
cities were granted kedusha with the very same ceremony used
to install kedushat Yerushalayim (two korban todot, shir, Beit
Din mehalkhin etc. See gemara Shavuot (15a) which describes
this process). Interestingly enough, Rashi in Shavuot (15a)
writes "I don't know how they were mekadesh arei choma."
Rashi in Pesachim (67a) Dibbur Ha-matchil Lifnim, however,
does seem to equate kedushat arei choma with that of
Yerushalayim.
In contrast to this first position, which equates arei
choma with Yerushalayim, the Vilnaer Gaon in his comments to
the Tosefta in Keilim asserts that this halakha of shiluach
metzora'im from arei choma isn't universally accepted. This
raises the possibility that according to some positions
shiluach metzora'im doesn't EVEN APPLY. Indeed, Tosafot
themselves in Erchin wonder what the mekor for shiluach
metzora'im from arei choma could be; evidently they are
unwilling to deem it machaneh Yisrael. Even if we were to
determine that the halakha does in fact apply we might
consider it a de-rabanan, not stemming from any specific pasuk
in the Torah. These positions all discriminate between
shiluach metzora'im from Yerushalayim and from arei choma.
A second example of distinction between the two can be
found in the Rambam. In Hilkhot Bi'at Mikdash (3;8) the
Rambam maintains that a metzora receives malkut only if he
enters Yerushalayim - not if he enters arei choma. One might
offer the following rationale for the Rambam's position.
There are two dimensions to shiluach metzora'im - at least
from Yerushalayim. The first is derived from the pasuk of
"ve-lo yitamu et machaneihem (Bemidbar)" which is a
prohibition of defiling machaneh Yisrael. Only areas defined
as machaneh Yisrael are included within this issur. Hence,
according to the Rambam, Yerushalayim - part of machaneh
Yisrael - is included, while arei choma - not considered
machaneh Yisrael - aren't included within this issur. There
is, however, a second dimension to shiluach metzora'im marked
by the words "badad yeishev" in Tazria. This commands the
metzora to remain isolated and dwell in uninhabited areas.
This mitzvat assei has nothing to do with the area's halakhic
definition as machaneh Yisrael. Rather, it instructs the
metzora to depart all populated areas. In fact, the Torat
Kohanim presents a hava amina that the metzora should depart
ANY AND EVERY CITY, dwelling instead where no one else lives.
This hava amina is rejected but the spirit of the halakha
remains the same - the metzora must depart all large
population centers - which generally were walled cities (which
for security reasons attracted larger numbers). A metzora has
to depart arei choma even though they aren't considered
machaneh, to fulfill the assei of badad yeishev. However,
this mitzva is only an assei, not a lav, and hence a metzora
who enters an arei choma, though he has violated an assei does
not receive malkut. The Tzlach in Pesachim (67a) offers a
similar distinction to explain the position of the Rambam.
SUMMARY:
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In analyzing the nature of kedushat arei choma as
manifested by shiluach metzora'im, we questioned whether it's
similar to kedushat Yerushalayim or not. The Rash Mi-shantz
in Keilim and Rashi in Erchin and Pesachim equate the two by
asserting an identical source for the halakha itself. In
addition, Rashi maintained that an identical process of
conferring kedusha was employed, further convincing us of
their similarity. The Gaon distinguished between the two in
suggesting that arei choma is not a unanimous halakha. The
Rambam himself, in applying the lav only to one who enters
Yerushalayim, possibly contends that only Yerushalayim is
considered machaneh and included within the lav of 've-lo
yitamu et machaneihem'.
An additional machloket between Rashi and Tosafot which
might revolve around this question appears in the gemara
Berakhot (5b). Rashi explains that shiluach metzora'im
applies even when the laws of yovel no longer apply. Tosafot,
by contrast, claim that these laws cannot apply in a period
when yovel doesn't. According to Rashi that kedushat arei
choma is identical to that of Yerushalayim there is no reason
to condition its kedusha upon the applicability of yovel.
According to Tosafot, however, that kedushat arei choma is
independent, it might reflect the overall status of kedushat
Eretz Yisrael (an intensification of kedushat Eretz Yisrael)
which itself might be contingent upon yovel.
Similar sentiments - that kedushat arei choma isn't
comparable to kedushat Yerushalayim and hence may be
contingent upon additional factors - appear in Tosafot Ketubot
(45b) who maintain that if the majority of the population are
Gentile, the ir choma losses it kedusha. Obviously, this
halakha doesn't apply to Yerushalayim, and its applicability
with regard to arei choma might highlight the differences.
Since kedushat arei choma stems form an intensification of
kedushat Eretz Yisrael, possibly the demographics of the city
would influence its halakhic status.
METHODOLOGICAL POINTS:
---------------------------------------
1. As in the past, first question whether a halakha is based
upon conventional models or is novel and unprecedented. In
this case we attempted to discern whether kedushat arei choma
is based upon the conventional model of kedushat Yerushalayim,
or represents a new halakha.
2. Inspecting the source of the halakha and comparing it to
the source for the conventional one, helps illuminate their
relationship, if any.
3. Similarly, examining the scope and application of the
halakha also helps determine its nature.
AFTERWORD:
------------------
1. In terms of the process of installing kedusha to arei
choma and the longevity of this kedusha see mishna la-melekh
Hilkhot Shemitta perek 12 and Turei Even Megilla (10a).
2. For a complete elaboration of kedushat arei choma see "Ir
Ha-mikdash ve-kodoshav" by Rav Yechiel Tokshinsky, Part I
chapters 3 and 4.
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