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Taking a Closer Look

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Taking a Closer Look Maasei 5768 Volume XV Number 47 Toras Aish Thoughts From Across the Torah Spectrum The Levush and the Nachalas Yitzchok RABBI DOV KRAMER suggest that the formula of the murderer being set free Taking a Closer Look when the Kohain Gadol dies is designed as a ne found guilty of unintentional murder must stay punishment for the Kohain Gadol, as, in his desire to be in a "city of refuge" until the Kohain Gadol dies set free, the murderer will pray that he Kohain Gadol O(Bamidbar 35:25), at which point he is free to go dies soon. The Maharal dismisses this possibility, as wherever he wants. Rashi gives two explanations for this is not the way the Torah operates (trying to get the connection between the two, with the second being someone to pray for someone else's death). It would that "the Kohain Gadol should have prayed that this also seem inappropriate for us to allow the mothers to calamity did not happen in his lifetime." The implication try to get the murderers to not pray for their sons to die, is that had he made this prayer (or prayed well enough, if the whole reason the Torah tied their death to leaving and/or more often and/or been on a high-enough level the cities of refuge was so that they would make such a that his prayers would have been answered), the death prayer. caused by this "murderer" inadvertently would not have Rashi's first explanation is that the Kohain happened, and he therefore (at the very least) shares Gadol and the murderer are opposites, with the former the blame. But what does this have to do with the guilt causing G-d's Divine Presence to dwell among us and of the murderer? Why is the sentence of exile extending our lives and the latter causing the Divine commuted when the Kohain Gadol dies? Is the Presence to leave us and shortening our lives. murderer any less guilty after the Kohain Gadol's death Therefore "it is not proper that he (the murderer) should than he was beforehand? be before the Kohain Gadol." The implication is that we Rashi's source would seem to be the Talmud have to lock away the murderer so that he is not free to (Makos 11a), which discusses the Mishna's statement go wherever he wants, in order that he shouldn't end up that the mothers of the Kohanim Gedolim would feed in the same place as the Kohain Gadol. We would then and clothe those in exile "so that they don't pray that need to explain why it is okay for him to be around their sons should die" whereby they would get out, or when the next Kohain Gadol takes over, who also "so that they should pray that theirs sons don't die" causes the Divine Presence to dwell among us and whereby they would no longer get these benefits. extends life. Wondering why the prayer of the murderer would have One possibility could be based on the Talmud any affect on what happens to the Kohain Gadol, an (J.T. Yuma 7:3, B.T. Makos 11b), which says that the elderly man is quoted as being able to answer based death of the Kohain Gadol atones for the sin of on what he heard in Rava's lecture, "that they (the inadvertent murder. If the exiled murderer is no longer Kohanim Gedolim) should have prayed for their considered to cause G-d's Divine Presence to leave or (respective) generation and didn't." As the Maharal to shorten lives, it is no longer problematic for him to be (Gur Aryeh) points out, the Talmud is not connecting "before" the new Kohain Gadol. However, if Rashi (and the sentence (of being in exile) ending with the Kohain the Sifri he is based on) is relying on the death of the Gadol not praying for his generation, but connecting his Kohain Gadol atoning for the sin (and affects) of own death with his failure to pray for them. inadvertent murder, it would have been much more Nevertheless, since this was not what Rava had said, straightforward to say that the reason the murderer only what could be inferred from what he said ("based goes free after the Kohain Gadol dies is that his sin has on Rava's lecture" as opposed to quoting him directly), now been atoned for. We would have to adjust what it is possible that Rava taught that the connection Rashi was addressing from why the murderer goes free between the Kohain Gadol's death and the sentence after the Kohain Gadol dies to why, until there is ending was his failure to pray, which was then applied atonement, he has to stay out of sight. It is also to the possible effectiveness of the murderer's prayer. awkward that the Kohain Gadol's death being an Even so, this does not address how the Kohain Gadol's atonement isn't mentioned. And we would have to say failure to pray connects his death with the murderer that Rashi's second explanation is also addressing why being able to go free. the murderer is exiled, not why he goes free after the Kohain Gadol dies (which fits even less). Rashi's 2 Toras Aish and how much can be blamed on the Kohain Gadol's TORAS AISH IS A WEEKLY PARSHA failure to pray? The "go'el hadam," relative of the NEWSLETTER DISTRIBUTED VIA EMAIL AND THE deceased that has permission to kill the murderer if he WORLD WIDE WEB AT HTTP://AISHDAS.ORG. is not in a city of refuge, may shift the blame to being FOR MORE INFO EMAIL [email protected] The material presented in this publication was collected from primarily on the Kohain Gadol when he sees that G-d publicly available electronic mail, computer archives and the took his life too. Not only that, but the amount of time UseNet. It is being presented with the permission of the respective the murderer has to spend in exile may be directly authors. Toras Aish is an independent publication, and does not connected to how much of the blame is his vs. how necessarily reflect the views of any given synagogue. much falls on the shoulders of the Kohain Gadol. The TO DEDICATE THIS NEWSLETTER PLEASE CALL 973-472-0180 OR EMAIL [email protected] Kohain Gadol living longer indicates that he is less to blame, while his dying sooner can indicate that he must comments being on the words "until the Kohain Gadol take more of the blame. Rashi points out that the dies" implies that he is explaining why this causes the Kohain Gadol shares the blame for not praying for his exile to end, not (just) why he must be exiled in the first generation, and it is therefore appropriate that his death place. (and its timing) is what ends the murderer's exile. The Ba'alay Tosfos (including the Chizkuni) © 2008 Rabbi D. Kramer explain the connection to be referring more to how the MACHON ZOMET Kohain Gadol is perceived than to how he really is. He is responsible for making sure that justice is served, Shabbat B’Shabbato and if the murderer is allowed to roam free people will by Rabbi Amnon Bazak, Yeshivat Har Etzion complain about his not taking vengeance against him. ne of the most remarkable apparent The next Kohain Gadol, on the other hand, was not in contradictions in the Torah appears in this week's charge when this occurred, so will not be blamed for OTorah portion with respect to the open space not righting a wrong that happened before he took over. around a city. In describing the cities belonging to the Adjusting this to explain Rashi's first approach, we can Levites, the Torah notes that every city must have open suggest that the issue is not that the murderer and the spaces, but there appears to be a contradiction about Kohain Gadol are opposites, but that they should be. the size of this space. On one hand, there is an explicit The unintentional murder occurring under his watch statement, "The fields of the cities which you give to the indicates that this Kohain Gadol is not being effective Levites, from the edge of the city and beyond, shall be enough, so we must lock the murderer up so that he one thousand Amot all around" [Bamidbar 35:4]. doesn't do any further damage (see Netziv on the Sifri) However, the very next verse gives a completely and so that people won't see him roaming free and be different description. "And you shall measure outside reminded of the Kohain Gadol's ineffectiveness. Once the city two thousand Amot on the eastern side and two this Kohain Gadol dies, however, these issues don't thousand Amot on the southern side and two thousand automatically transfer to the new Kohain Gadol. Amot on the western side and two thousand Amot on Rashi's second approach could be following the northern side, with the city in the middle. This is along the same lines. The Kohain Gadol should have what the spaces of the cities will be." [35:5]. There are prayed that such an incident never occurs under his two ways to understand this second verse, but both of watch. If it did occur, it is not just a reflection on the them contradict the first verse. Rashi, following the murderer, but on the Kohain Gadol as well.
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