The religious establishment has struggled to shape the religious character of Yom Ha'atzmaut and Yom Yerushalayim, and this issue continues to engage various sectors of the religious community. It cannot be solved without coming to an understanding of the religious value of the historical events associated with those holidays. Let it be said at the outset: we are not concerned here with the significance of a "prophetic vision" or "messianic destiny" involving "the Kingdom of Israel." Rather, we must investigate the significance of the political creation of the actual State of Israel, which came into existence in 1948, and the significance of the manner and conditions of its creation, its wars and conquests. The religious attitudes towards these days can only be based upon historical understanding, and not upon study of the halakhic tradition, which never contemplated such situations. We are not free to shrug off our responsibility to decide this matter ourselves. In a world and a generation in which the finger of God was not seen or recognized, in which the Messiah's footprints were not to be found, in a generation of God's "hiding His face" - for Israel, for the nations, and for the entire world - in such a generation of material and spiritual darkness, we took the bold initiative - with our little bit of understanding and righteousness - to redeem ourselves from the yoke of the nations. We have no communication with that which is "behind the curtain," and we received from there no indication that this is "the first flowering of our redemption." Therefore, we must - we are obliged to - solve the new religious issues for ourselves; issues which we ourselves have created.

 (Y. Leibowitz: Yahadut, Am Yisrael UMdeinat Yisrael, pp. 90-91)

 

...with independence we gained control of ourselves, we achieved freedom of choice. We are not dependent upon others, and the process of redemption can be carried out to its completion, if so we please.

Redemption is not one of the 613 commandments, and the halakhic meaning of the Redemption lies in political independence, in the possibility of observing those commandments which require sovereignty and territoriality in the Land of Israel. The beginning of the redemption is the possibility of observing the commandments through the sovereignty granted us. The Redemption itself is the actual observance of the commandments.

 (Dov Rappel: Pithei She'arim, p. 213)

 

 

"The afflicted house never existed and never shall exist.

Why was it written about?

Expound upon it and receive a reward."

Pinchas Leiser

The expression derosh vekabel sakhar - "Expound upon it and receive a reward" - occurs several times in various contexts within rabbinic literature. Bavli Sota 44a mentions it while treating Proverbs 24:27. There the Sages set out the correct progression for Torah study: one should first study Scripture, then Mishnah and Gemara and perform good deeds and later he can explicate and receive a reward." This drasha may intend to tell us that one should first build his cultural, spiritual, and social foundation before becoming able to be creative and make his own personal mark.

The Sages also use this expression in reference to items that have no contemporary halakhic application (death penalties, sacrifices) or that they claim "never existed and shall never exist," such as the rebellious son [ben sorer umoreh] and the ir hanidahat - the condemned town.

Nega'ei ha'bayit [the "afflictions" of houses] have caught the interest of Bible commentators ever since the Sages wondered about the phenomenon's strangeness. Rashi chose to interpret the matter midrashically, and understood the nega'ei habayit as constituting a kind of blessing. He wrote:

And I inflict an eruptive affliction - This was an announcement to them that these plagues would come upon them, because the Amorites concealed treasures of gold in the walls of their houses during the whole 40 years the Israelites were in the wilderness, and in consequence of the nega they would pull down the house and discover them [the treasures]. (Based on Silberman translation)

Hizkuni cites the words of the Tosafot which claim that the nega'ei ha'bayit marked the houses in which idols had been worshipped, so that the Israelites would know which buildings had to be destroyed.

Sanhedrin 71a offers the most radical interpretation of nega'ei habayit. This appears in the context of a discussion of those commandments which appear in the Torah, but which lack practical application - commandments meant to serve as objects of purely theoretical interest to be "studied in order to receive a reward [from heaven]." Regarding the nega'ei ha'bayit the Talmud there states:

There never was and never will be an afflicted house. And why is it written? Expound upon [it] and receive a reward.

Indeed, the Gemara does present us with other interpretations and even testimony supporting the existence of afflicted houses, but the author of the discussion grants ample space to those who hold that the ben sorer umoreh [disobedient child], the ir ha'nidahat [city which turned to idolatry], and the afflicted house all "never existed nor will ever exist in the future" and were mentioned in the Torah only in order to afford people the opportunity to "expound upon [them] and receive a reward."

What, then, is there to be expounded upon in this matter? We find two apparently contradictory approaches regarding the possibility of houses in Jerusalem being afflicted:

The Gemara in Yoma 12a says that Jerusalem - and certainly the area of the Temple - cannot suffer afflictions, since they are not included in the category of your possessions, in accordance with the view holding that "Jerusalem was not divided among the tribes." Contrastingly, in Vayikra Rabbah 17:7, we read:

And I shall inflict an eruptive affliction upon a house in the land you possess - This refers to the Temple, for it is said, I am going to desecrate My Sanctuary, your pride and glory (Ezekiel 24:21).

Of course, it is possible to reconcile the two statements by pointing out that the quote from Yoma is halakhic, while that from Vayikra Rabbah is a midrash aggadah meant to express a theological idea. The midrash even continues along the metaphorical thread that it had begun:

The owner of the house shall come (Vayikra 14:35) - That is the Holy One Blessed be He, for it is said, because of My House which lies in ruins (Haggai 1:9)

And tell the priest (Vayikra, loc cit) - That is Jeremiah, for it is said [that he was one] of the priests that are in Anatot (Jeremiah 1:1).

Something like an affliction has appeared upon my house (Vayikra, loc cit) - That is the filth of idolatry. Some say: That is Menashe's idol.

It seems to me, however, that both the midrash and the Talmudic statement may be read in a different way since, in any event, this halakhah has no practical application, and halakhah may also be interpreted on the philosophical level.

In his comments on the verse from Vayikra, Rabbi S. R. Hirsch explains that on the one hand, the afflictions only occur in the Land of Israel, while, on the other hand, they only occur in the land you possess, i.e., in houses belonging to known individuals. Thus, at the ideal level, Jerusalem and the Temple "cannot be made impure with afflictions."

The affliction is, therefore, a social affliction connected with the consequences of the acquisitiveness that can arise from private ownership.

If so, there is an essential contradiction between ownership and holiness. The holy is set apart and cannot be included in any kind of real estate holding or sovereignty. There is also an opinion (Yoma 12a) that Jerusalem was not apportioned to the tribes, and a beraita is cited stating that, "Houses are not rented in Jerusalem, because they do not belong to them." These dicta strengthen the philosophical view that finds ownership and holiness to be mutually incompatible. Therefore, the afflictions can damage the Temple when the attitude towards it is acquisitive - an acquisitive attitude necessarily defiles the holy.

This affliction is remedied by emptying the house, placing it under quarantine, removing of the affected stones (idolatry), dispersing them to an unclean place, and replacing them with other stones.

I do not think there is need to write at length in order to make understood the meaning of these ideas for today. The creation of the State of Israel sets before us many important challenges. We can be able, if we so wish, to build in our hearts and in our society a place for the Temple, where our lives will be sanctified and our society built upon a solid foundation of justice. No material stones are needed, but rather the construction of a society that seeks peace, cares for the stranger, for the orphan and for the widow. It may be that in order to achieve this we will have to substitute afflicted stones with other stones, but in order to preserve the house's future, we must expound upon the laws of nega'ei habayit, and find a way to apply them.

Zion shall be redeemed with justice and those returning to her with righteousness.

Pinchas Leiser, the editor of Shabbat Shalom, is a psychologist.

 

Tzara'at ["Leprosy"]: a Physical or a Spiritual Disease?

And if the garment is inflicted with leprosy: This does not occur at all in nature nor does it exist in the world, and so it is with the blemishes of houses as well. However, when Israel is perfectly for God, the Lord's spirit will be constantly be upon them to give their bodies, clothing, and homes a comely appearance, and if one of them commits a sin or crime then their flesh or clothing or home will be made ugly in order to show that the Lord has departed from him. That is why Scripture says, and I place a lesion of tzara'at upon a house in the land of your possession (14:34), because it is the Lord's strike against that house, and it only occurs in the land which is God's possession, as it says: When you come to the land of Canaan, which I am giving you as a possession (ibid). It does not occur because it is an obligation of the soil, but rather because this matter can only come to pass in the chosen land in which the honored Name resides.

 (RaMBaN Vayikra 13:47)

 

And if the garment is inflicted with leprosy: It is a certainty that this could not possibly be a natural phenomenon, for such changes of appearance can only occur in a garment either by artifice, when one colors it with dyes, either deliberately or accidentally, or as the consequence of some problem with the dyes used to color the garment, or with the work of the dyer, or in the reaction of the dyed garment...

True, Scripture does testify that such a wonder can occasionally occur in garments and houses, and it occurs in order to get the owners of the affected items to pay attention to their sins, as the Sages said regarding the Sabbatical Year: "Come and see how serious the slightest infringement of the Sabbatical Year is: A man trades in fruits of the Sabbatical Year, eventually he sells all of his moveable property; he does not notice, eventually he sells his field, etc." All of this occurs out of God's pity upon his people.

 (Seforno on Vayikra 13:47)

 

And the person with tzara'at, in whom there is the lesion his garments shall be torn, his head shall be unshorn, he shall cover himself down to his mustache and call out, "Unclean! Unclean!" All the days the lesion is upon him, he shall remain unclean. He is unclean; he shall dwell isolated; his dwelling shall be outside the camp.

 (Vayikra, 13)

 

Why did the Torah decree that the metzora receive the punishment he shall dwell isolated; his dwelling shall be outside the camp? [With his slander and tale-bearing] he divided between man and wife, between man and his fellow, therefore the Torah said: he shall dwell isolated.

 (Arakhin 16b)

 

Rabbi Zekharia, son-in-law of Rabbi Levi, said: The Merciful One does not afflict humans first.

From where do we learn this? From Job. The oxen were plowing... Sabeans attacked them... God's fire fell from heaven... Only later, He took a potsherd to scratch himself.

And so it was with Mahlon and Khilion; first their horses and camels died, and then he died - Elimelech, Naomi's husband died, and then they died, as is written, Then those two also died and only afterwards did she die.

And so with afflictions which come upon men; in the beginning it begins with one's home. If he repents, the afflicted stones shall be removed. If he does not repent, the house must be torn down. Afterwards it begins to afflict his clothing. If he repents, the garment must be torn. Should he not repent, the garment must be burned. After it begins to afflict the person's body. If he repents, fine; if not - he shall dwell isolated; his dwelling shall be outside the camp. And so it was with Egypt; first the measure of justice struck at Egyptian property. Only later, And He struck every firstborn in Egypt.

 (Yalkut Shimoni, Parashat Bo, 247-186)

 

Then the priest shall order, and the person to be cleansed shall take two live, clean birds, a cedar stick, a strip of crimson [wool], and hyssop.

 (Vayikra 14:4)

 

A cedar stick: Because lesions of tzara’at come because of haughtiness

a strip of crimson [wool], and hyssop: What is the remedy that he may be healed [of his tzara’at]? He must humble himself from his haughtiness, just as [symbolized by] the crimson [tola'at lit., “a worm,” which infested the berries from which the crimson dye was extracted to color wool], and the [lowly] hyssop.

 (Rashi ad loc, based on Judaica Press translation)

 

The Rebbi from Gur, author of the Sefat Emet, used to say: Why was it necessary also to bring the cedar tree, which signifies pride? If the main intention is that the sinner lower himself like the hyssop, is it not sufficient that he bring the hyssop alone?

But, when the penitent repents and examines his sins, he reaches dejection and deep shame because of his previous pride. He is mortified and embarrassed by the haughtiness attendant upon his sin. It follows that his earlier pride now helps him attain humility. Therefore it is right that the cedar be part of the cure.

 (S'fat Emet, as quoted in Ma'ayana Shel Torah)

 

Lowliness and submission do not mean that the body be bent and stooped, but that there be inside him a broken spirit even when the body stands erect, as the Baal Shem Tov explained: "Let every erect body bow down before you - bowing down before you, even with an erect posture."

When one lowers himself like a hyssop - but the humility is counterfeit, this kind of humble person is in need of atonement.

 (Hiddushei HaRiYM)

 

The character of the most unsociable being as represented by the tzippor dror - [literally, a free bird. Commonly translated as "sparrow"], which refuses to accept authority, is presented here in contrast to what is demanded for re-entrance into the social life of the community. This is the contrast of the animals of the "field" to the humans of the "city". The demand which is made as the condition for the re-entry into the social life of the community, and he shall slaughter the bird, is energetic subjection of the wild untrammeled animal life under the sharp control of the morally strong human will.

(From Rabbi S. R. Hirsch's commentary on Vayikra,

 quoted by Prof. Nehama Leibowitz z'l in her Iyyunim Hadashim beSefer Vayikra, p. 162)

 

And the priest shall examine the blemish [nega]

A person may see all blemishes, but not his own blemish, nor the blemishes of his relatives.

(Mishnah Nega'im, 2:5)

 

On the contrary, let our hearts see the fine qualities of our friends, not their deficiencies.

(From the supplication of Rebbi Elimelech of Lizhensk, author of Noam Elimelech, recited before prayer.)

 

Something like a blemish have I seen upon my house. Even if he is a scholar, and knows for certain that it is a plague, he may not make a definite determination, saying: "I have seen a blemish," but rather, Something like a blemish have I seen.

"Leprosy" [tzara'at] is a comprehensive term covering sundry incompatible matters. Thus, whiteness in a man's skin is called leprosy; the falling off of some of his hair on the head or the chin is called leprosy; and a change of color in garments or in houses is called leprosy.

Now this change in garments and in houses which Scripture includes under the general term leprosy was no normal happening, but was a portent and a wonder among the Israelites to warn them against slanderous speaking. For if a man uttered slander the walls of his house would suffer a change; if he repented the house would again become clean. But if he continued in his wickedness until the house was torn down, leather objects in his house on which he sat or lay would suffer a change; if he repented they would again become clean. But if he continued in his wickedness until they were burned, the garments which he wore would suffer a change: if he repented, they would again become clean. But if he continued in his wickedness until they were burned, his skin would suffer a change and he would become leprous and be set apart and exposed all alone until he should no longer engage in the conversation of the wicked, which is raillery and slander.

Now on this matter there is a warning in Scripture which says, Take heed in the plague of leprosy…remember what the Lord your God did to Miriam by the way (Devarim 24:9). That is to say, consider what befell Miriam the prophetess, who spoke against her brother, even though she was older than he and had nurtured him on her knees and had put herself in jeopardy to save him from the sea. Now she did not speak against him but erred only in that she put him on a level with other prophets; nor was he resentful about all these things, for it is said, Now the man Moses was very meek (Bamidbar 12:3). Nevertheless, she was forthwith punished with leprosy. How much more then does this apply to wicked and foolish people who are profuse in speaking great and boastful things!

 (RaMBaM Mishneh Torah Hilkhot Tumat Tzara'at 16:10, Yale translation)

 

 

 

 

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