I’ve got to break free

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With korbanos, the sacrifices, there is a concept within certain categories of korban called olah v’yored – where the animal offered will vary, dependent on the person’s status. For example, Parshas Tazria deals with a woman who gives birth – olah v’yored applies, and as such, a woman from a wealthy family offers a חטאת and עולה of sheep, and a woman from a poor family offers a חטאת and עולה of doves.

But what if a poor person decides to save up, and instead of bringing the doves, he chooses to offer a wealthy man’s offering of sheep/cows? In other words; are people confined to their social status?

The halacha according to all is that if a wealthy man were to bring a poor man’s offering of doves, he has definitely not fulfilled his obligation. So the, olah v’yored applies to the animals, and it applies to the supplicant if he attempts to downgrade his responsibility. So the question becomes: can a person upgrade their responsibility?

The Sefer Hachinuch says that a poor person who upgrades his sacrifice from the birds to the cows has not fulfilled his obligation. The Rambam disputes this, and says that he has.

What is the basis of the dispute?

There is a story told about R’ Meir Schapira, at a gathering of all the pre-war Gedolim. He presented this very question, and asked how the Sefer HaChinuch could suggest he hadn’t fulfilled his obligation, possibly contradicting various Gemaras.

Present at the gathering, was the Imrei Emes, the Gerrer Rebbe. He simply muttered, “there is a missing korban”. Those gathered were puzzled what the Rebbe had meant. Among his attending disciples was R’ Menachem Zemba of Warsaw, a renowned genius, who took the floor. “Let us analyse where the Sefer HaChinuch says his halacha. There are 6 applications of the concept of olah v’yored:”

1. A ritually impure person who enters the area of the Beis haMikdash

2. A ritually impure person who eats kodshim (produce set aside for kohanim)

4. A person who falsely swears he did not witness an event, thereby avoiding needing to testify

5. A woman who gives birth

6. A person stricken with tzara’as (a metzora)

“5+6 are different. The wealthy person brings one animal, as does the poor person. Not so in 1-4, delineated in Parshas Vayikra, wherein the wealthy person only bring the חטאת , and no עולה , thereby only needing one animal. The Gemara that the Sefer HaChinuch seemed to go against, that a poor person who brings a rich mans offering has indeed fulfilled his obligation, was regarding 5+6, where there were two animals, brought by both the rich and poor.”

“However, in Parshas Vayikra, where the pasuk discusses cases 1-4, it is insufficient for a poor person to bring a wealthy man’s offering – he’s missing an animal!”

“The Ibn Ezra discusses the possible causes for the discrepancy in how many animals a person would bring, based on his social standing.”

“1. A poor man would by definition be unhappy with his standing in life, and he would bear a grudge against Heaven for his misfortune. This necessitates an additional animal.”

“2. A wealthy person’s offering has a large enough portion to burn on the Mizbeach by itself, a cow is a very large animal. Not so with a bird, with a woefully small portion to burn. It is disrespectful to offer such a miniscule portion, and this necessitates a whole new animal to satisfice the demands of the Mizbeach.”

The genius continued; “So the Sefer HaChinuch would agree with the first possibility. It doesn’t help for a poor person, who must bring the second to atone for his grudge against Heaven, to bring one animal. He has not addressed this feeling within, and as the Rebbe said, there is a korban missing.”

However, the Rambam would hold with the second option, that the second animal is not brought because of the person, but rather, by the nature of the animal being offered. If he were to bring a cow, there would be no need for a second animal, and he would indeed have fulfilled his responsibility!

Darkness in a New Light

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There are interesting explanations of how the Plague of Darkness actually took place. On one hand, R’ Avraham Iben Ezra learns that it was a fog so tremendously thick that it extinguished any fire lit within it. He writes that he himself saw experienced such a phenomenon many times near the ocean. Yet the Torah Temima understands that the plague meant that the Egyptians were stricken with severe cataracts. The Vilna Goan explains that darkness is not like we commonly tend to think of as simply the absence of light, but rather a creation in its own right. Hashem however set up the light/dark relationship in such a way that light always wins in a “fight” with darkness. By this makkah, though, that relationship was reversed.

Rabbeinu Bachaiyei (Bo 10:21) seems to learn a pshat somewhere in the middle. He quotes the Medrash Shemos Rabba (14:1-3) detailing and expounding upon this plague. He mentions the tangibility of the darkness; this darkness was not just the absence of light. Rather, it was an existence in itself that had substance. So thick was it, that during the last three days of the six day duration of this plague, no Egyptian could move a muscle and was frozen in place. (Ralbag writes that Hashem sealed the Egyptians’ noses and mouths. They could not breathe for three days. That they did not die was a miracle. He did this because had the Egyptians breathed in this new, thick dark air, they surely would have died. Being kept alive without breathing for this time was a source of tremendous suffering for them.) Klal Yisrael, however, had plenty of light, not only in Goshen but even when they entered the Egyptian houses to search for valuables.n

Rabbeinu Bachaiyei explains the nature of this particular darkness. In order for the eye to see light, the light must travel from its source through the air into the eye. This is similar to hearing; the sound waves travel from the source to one’s ear. In other words, air is the medium through which light travels. During the first three days of the plague of darkness, Hashem “sealed” the pathways of the air from allowing passage of light. In the absence of the ability for light to get through the air automatically turns dark. For the last three days, Hashem thickened this dark air so much so that the weight of it did not allow them to move. This was not the case for Klal Yisrael; Hashem did not close the passageways of air for them. They were able to see freely and could go where they pleased.

In understanding this Rabbeinu Bachaiyei, it would seem that one would need to clarify his words as follows. We cannot say that all the air particles in any specific Egyptians house were sealed off to light. For if so, how could the Jew entering to search for valuables be able to see? On the other hand, to say that the air particles were open to light would mean that the Egyptians would be able to see! One must say that the plague of darkness how we tend to envision it. It wasn’t that the land of Egypt was completely dark. Rather, the air particles immediately and in closest proximity to the individual Egyptian were the ones that were sealed off from light (for the first three days, after which this very air became heavy enough to hinder any movement). It was as if every Egyptian had a heavy, dark shell around his body. But during the day, the land of Egypt itself was as bright as any other country.

One could comment, however, that according to this the Plague of Darkness effected the Jews as well. Being that the air directly surrounding the Egyptians did not allow light to pass through, all that a Jew saw in looking at an Egyptian was a thick human-shaped black cloud. The Jew would not have been able to see through due to the sealed air. If, for example, the Jew would want to know the identity of the Egyptian whose house he had entered by looking at him, he would not be able to (and those Jews who were able to tell specific Egyptians about the whereabouts of their valuables would have had to have know their identities by other means)! Possibly one could suggest that the air around the Egyptian worked like one-way glass; one side can see through while the other side can’t. The Jews could see the Egyptians while the Egyptians could not see out. The problem with this might be that if the light could not get in to the Egyptians, then it would not be reflecting back towards the Jews to enable them to see the Egyptians.

The easiest pshat in Rabbeinu Bachayei might therefore be that the air was open for the Jews and closed for the Egyptians. Though this may not make sense in our minds (as we asked above), we can safely throw up our hands and say, “Who is so wise to understand Hashem’s ways!” So writes the Alshich (10:21-23). The Ramban at the end of Parsha Bo explains that all the miracles preformed in Egypt were a testimonial for generations of there being really no such thing as nature, rather everything is Hashem’s doing. The miracles there were a wakeup call to this. After writing this, I found in the Medrash Tehilim (aka Sochar Tov 22:2) exactly this idea. “In the way the world works, can a man light a fire and say, ‘Ploni who is my friend shall benefit from this light, but Ploni who is my enemy will not’?! Rather everyone benefits together. Yet Hashem is not this way. He can shine light to one and place darkness on another.”

Special occasions

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The Musaf prayer of the every festival delineates and substitutes for their respective sacrifices. At both Pesach & Succos the concept of offering the sacrifice on the Mizbeach is introduced before the mention of Mikra Kodesh – a Holy Convocation, wherein the day become holy – literally “holiday”.

Regarding the Pesach offering, the sacrifice is mentioned in Bamidbar 28:18, and Mikra Kodesh is mentioned in the following pasuk. On Succos, the offering is mentioned in Posuk 29:12 and the Mikra Kodesh follow. When it comes to Shavuos it mentions the offering first in 28:13 and later declared Mikra Kodesh. Why does the order change by Shavuos?

There is a big difference between the festivals of Pesach and Succos in contrast to Shavuos. By the Festivals, we have power over the times of the festivals – מקדש ישראל והזמנים. Not so with Shabbos, which is set in stone from Creation, whereby every 7th day is holy. Festivals are based on when Rosh Chodesh falls, which are entirely flexible, based on when the Sanhedrin decided to start the new month.

Pesach and Succos are based on Rosh Chodesh – the 15th day of the Rosh Chodesh proclaimed by the Sanhedrin is called Mikra Kodesh – because we have said when Rosh Chodesh is, the 15th day becomes set aside. To honour the day we bring an offering – the offering follows the holiness of the day.

However, Shavuos is not based on Rosh Chodesh Sivan at all; it is based on the 49 days of Sefira. The Torah says that the moment the counting is complete, an offering is brought. Distinct from Sukkos and Pesach, there is an obligation to bring an offering, and the day becomes holy as a result.

This explains the order events perfectly. By Pesach and Succos, Mikra Kodesh is based on Rosh Chodesh, and the offering is subsequent. But on Shavuos, the offering is the primary feature which is based on counting the Omer, and Mikra Kodesh is secondary.

The Ramban writes that Shavuos is to Pesach as Shemini Atzeres is to Succos, and the 49 days of sefira in the middle are like it’s Chol haMoed. Knowing that Shavuos is not made holy by the day itself, but by the counting of the days from Pesach, the meaning of this is clear.

All over the place

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This is courtesy of D. It is a bombardment of questions, with answers that tie and unify the themes of the questions.

The Orach Chaim asks at Shemos 3:5, when G-d reveals Himself to Moshe, why G-d waits until Moshe is on the mountain and at the burning bush (the bush was on Mt Sinai, this episode occurred there) to tell him he must take his shoes off as he is on sacred ground. But why not warn him before he climbs the mountain?

At 3:11, he asks “who am I take them out?”, and G-d responds (3:12) that “וַיֹּאמֶר כִּי אֶהְיֶה עִמָּךְ וְזֶה לְּךָ הָאוֹת כִּי אָנֹכִי שְׁלַחְתִּיךָ בְּהוֹצִיאֲךָ אֶת הָעָם מִמִּצְרַיִם תַּעַבְדוּן אֶת הָאֱ־לֹהִים עַל הָהָר הַזֶּה – And He said, “For I will be with you, and this is the sign for you that it was I Who sent you. When you take the people out of Egypt, you will worship God on this mountain.” “

The first question: how is this remotely helpful as a reply to a slave in Egpyt querying his would-be saviour’s legitimacy? It’s not a proof, it’s a statement about the future, but does not ascertain anything at the time the proof is warranted.

The second question, where does תַּעַבְדוּן – worship, enter the equation? Apart from their acceptance, weren’t the Jews entirely passive? What worship did they perform on Mt Sinai?

In Beshalach, 17:1, the pasuk informs us that when the Jews camped in Refidim, they had no water. 5 verses later, G-d tells Moses to strike a rock at Horeb (Mt Sinai). Refidim is far from Horeb, so what’s going on?

In Yisro, 19:12, instructions are issued to build a boundary around Mt Sinai, and the next pasuk specifies laws “לֹא תִגַּע בּוֹ יָד כִּי סָקוֹל יִסָּקֵל אוֹ יָרֹה יִיָּרֶה אִם בְּהֵמָה אִם אִישׁ לֹא יִחְיֶה בִּמְשֹׁךְ הַיֹּבֵל הֵמָּה יַעֲלוּ בָהָר – No hand shall touch it, for he shall be stoned or cast down; whether man or beast, he shall not live. When the ram’s horn (Shofar) sounds a long, drawn out blast, they may ascend the mountain.”

Why is it that no one, not even an animal, can stray into the mountain, nor were they even allowed to touch it 3 days before the Torah was given?

There is a concept with Kadshim (sacred items and laws) about there being a permit, a mattir, to use something something that was once Kodesh(sacred). Why is it that there is such a requirement here?

Lastly, after the Ten Commmandments, there is an instruction to build a Mizbeach Adama, an earthen altar (20:21). What is the connection between G-d giving us the Torah and building an altar there?

End of questions.

The Rambam (Maimonides) explains that all instance of G-d speaking to a person are through messengers/angels and the like. The only “face to face” meeting with G-d was with Moshe

To answer our question of why wait until he is there to tell him to remove the shoes, the answer is simple once pointed out; וַיֵּרָא מַלְאַךְ ה’ אֵלָיו בְּלַבַּת אֵשׁ מִתּוֹךְ הַסְּנֶה וַיַּרְא וְהִנֵּה הַסְּנֶה בֹּעֵר בָּאֵשׁ וְהַסְּנֶה אֵינֶנּוּ אֻכָּל – An angel of the Lord appeared to him in a flame of fire from within the thorn bush, and behold, the thorn bush was burning with fire, but the thorn bush was not being consumed.” (3:2)

Only at 3:4 does G-d appear – וַיַּרְא ה’ כִּי סָר לִרְאוֹת וַיִּקְרָא אֵלָיו אֱ־לֹהִים מִתּוֹךְ הַסְּנֶה וַיֹּאמֶר מֹשֶׁה מֹשֶׁה וַיֹּאמֶר הִנֵּנִי – The Lord saw that he had turned to see, and God called to him from within the thorn bush, and He said, “Moses, Moses!” And he said, “Here I am!”

So this explains why he was only warned once he was there; as he ascended, there was no prohibition, G-d wasn’t there, an angel was! Only once G-d appeared did the land become holy so he would need to take off his shoes.

Bearing in mind that the land itself, Mt Sinai, was already holy from that moment, we can further understand the “proof” that Moshe was meant to tell people, which Targum Yonasan ben Uziel explains at 19:5 that the mountain of G-d was the proof; that there was a place waiting for the Jews where the Torah would be given, and the Mishkan would be built, they were now a nation in waiting.

So it has been established that the land was holy before the Torah was given, and the Chizkuni explains that in Refidim, when they had no water, Moshe went to Horeb, and brought back a rock from there, and it was this rock from Mt Sinai that he struck to make water.

What about the permit/mattir to use the land? Where does that enter the equation? The Ibn Ezra quotes R’ Hai Gaon that the Shofar was blown when the command to build the Mishkan was given, and this Shofar, coupled with the sacrifices brought on the Mizbeach Adama (earthen altar), transferred the holiness from the mountain to the Mishkan .

So the mountain was forbidden and holy once G-d revealed Himself at the burning bush. In shachris (morning prayers), in the section regarding the sacrifices, we say “olas hatamid ka’asuya b’har sinai” that we bring the Tamid sacrifice like on Mt Sinai. So when did we bring sacrifices on Mt Sinai? At the time the Mishkan was consecrated for the first time, on Mt Sinai!

With this we can understand why the pasuk said תַּעַבְדוּן – worship. They did worship at Mt Sinai, when they consecrated the Mishkan by bringing the sacrifices, using the earthen altar and blowing the Shofar, which transferred the innate holiness of Mt Sinai that had been there since G-d had revealed himself to the Mishkan.

I think that ties up all the loose ends. :)