בהר - בחוקותי

Final sections of Vayikra - גאולה or געילה?

The end of the book of Vayikra consists, predominantly, of the following structure:

- Shemittah – cessation of agricultural activity during the seventh year
- Yovel - return of land to the original owners
- Emancipation of slaves and various ancillary laws
- Blessings and curses
- Laws pertaining to consecrated items, their monetary value and redemption

I will discuss, from a limited perspective, the positioning of these sections in relation to each other, and in relation to Vayikra as a whole.     

Shemittah and Yovel as conclusion to Torat Kohanim

The first half of Vayikra is generally focused, in one way or another, on the kedushah of the Mishkan, the world of Korbanot, and the specific role of the kohanim. This focus peaks at the beginning of Chapter 16 where the Yom Kippur service describes the exclusive entry of the Kohen Gadol into the Kodesh Kodashim subject to a special procedure that only he is authorised to carry out. One might have thought that such an intense concentration of the three dimensions of Kedushah (space-time-individual) would be a fitting climax to Torat Kohanim, as Chazal refer to the book of Vayikra. The Torah, however, sees this is as the departure point for a wider-reaching agenda. As we enter the second half of Vayikra we are presented with a system of holiness which spreads beyond the confines of the Mishkan and encapsulates every individual in their day to day life:[1]

דַּבֵּר אֶל־כָּל־עֲדַת בְּנֵי־יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם קְדֹשִׁים תִּהְיוּ כִּי קָדוֹשׁ אֲנִי ה' אֱלֹקיכֶם׃ (ויקרא יט:ב)

Against this backdrop it is possible to understand the role of Shemittah and Yovel as widening the circles of holiness to encompass the entire land of Israel and the entire nation.

Related to this extension of kedushah, attention should be drawn to the significance of the day designated to declare the emancipation of the Jewish slaves. If the description of Yom Kippur in Vayikra Chapter 16 seems like an exclusive affair of the Kohen Gadol, then Vayikra Chapter 25 expresses the other side of the coin in which Yom Kippur (being the day on which the shofar of Yovel is blown) heralds the return of every Jew to his position of glory as an exclusive servant of God.

Thus, a correspondence exists between the holiness of the Mishkan and the kohanim on the one hand, and the holiness of the nation and the land on the other.[2]    

The nation-priest paradigm is reinforced by the fact that, as the commentators are all quick to note, the introduction to the Shemittah and Yovel sections take us back (in some form) to Mt. Sinai:

וַיְדַבֵּר ה' אֶל־מֹשֶׁה בְּהַר סִינַי לֵאמֹר׃ דַּבֵּר אֶל־בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם כִּי תָבֹאוּ אֶל־הָאָרֶץ אֲשֶׁר אֲנִי נֹתֵן לָכֶם וְשָׁבְתָה הָאָרֶץ שַׁבָּת לַה'׃ (ויקרא כה:א-ב)

For our purposes, this is significant as it was specifically at Mt. Sinai, just prior to the giving of the Torah, that the nation-priest paradigm was originally set out:

וְעַתָּה אִם־שָׁמוֹעַ תִּשְׁמְעוּ בְּקֹלִי וּשְׁמַרְתֶּם אֶת־בְּרִיתִי וִהְיִיתֶם לִי סְגֻלָּה מִכָּל־הָעַמִּים כִּי־לִי כָּל־הָאָרֶץ ׃וְאַתֶּם תִּהְיוּ־לִי מַמְלֶכֶת כֹּהֲנִים וְגוֹי קָדוֹשׁ אֵלֶּה הַדְּבָרִים אֲשֶׁר תְּדַבֵּר אֶל־בְּנֵי יִשְׂרָאֵל׃ (שמות יט:ה-ו)

This verse is in fact intimately linked with our parashah as the following table shows:

ויקרא כה-כו	שמות יט-כ
וְהָאָרֶץ לֹא תִמָּכֵר לִצְמִתֻת כִּי־לִי הָאָרֶץ כִּי־גֵרִים וְתוֹשָׁבִים אַתֶּם עִמָּדִי	כִּי־לִי כָּל־הָאָרֶץ
אִם־בְּחֻקֹּתַי תֵּלֵכוּ וְאֶת־מִצְוֺתַי תִּשְׁמְרוּ וַעֲשִׂיתֶם אֹתָם... וְאִם־לֹא תִשְׁמְעוּ לִי וְלֹא תַעֲשׂוּ אֵת כָּל־הַמִּצְוֺת הָאֵלֶּה	וְעַתָּה אִם־שָׁמוֹעַ תִּשְׁמְעוּ בְּקֹלִי
וְהָיִיתִי לָכֶם לֵאלֹקים וְאַתֶּם תִּהְיוּ־לִי לְעָם	וְאַתֶּם תִּהְיוּ־לִי מַמְלֶכֶת כֹּהֲנִים
וַהֲקִימֹתִי אֶת־בְּרִיתִי... לְהַפְרְכֶם אֶת־בְּרִיתִי	וּשְׁמַרְתֶּם אֶת־בְּרִיתִי
אֲנִי ה' אֱלֹהֵיכֶם אֲשֶׁר הוֹצֵאתִי אֶתְכֶם מֵאֶרֶץ מִצְרַיִם	אָנֹכִי ה' אֱלֹהֶיךָ אֲשֶׁר הוֹצֵאתִיךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים

The idea of a גוי קדוש is also alluded to at the end of Vayikra with important ramifications which will be shortly discussed.

Relationship of Shemittah and Yovel to the Tochacha

As mentioned, during Yovel, slaves are freed and the land returns to the original owners. The centrality of the theme of redemption is highlighted by the fact that the root גאל appears no fewer than 18 times. Above we explained why Yovel and the surrounding passages form a fitting conclusion to the main body of the book of Vayikra. However, the significance of the themes of redemption and return also relate to the proximity to the subsequent section – the blessing and curses - which threaten the loss of land and exile.

Specifically at this juncture, as one reads these harsh passages, the echoes of redemption reverberating from the previous section may provide hope that all is not lost. This emerges from the fundamental proposition of the Yovel that God's land may not be sold into perpetuity, and God's people may not be permanent enslaved:

וְהָאָרֶץ לֹא תִמָּכֵר לִצְמִתֻת כִּי־לִי הָאָרֶץ כִּי־גֵרִים וְתוֹשָׁבִים אַתֶּם עִמָּדִי׃ (ויקרא כה:כג)

וְאִם־לֹא יִגָּאֵל בְּאֵלֶּה וְיָצָא בִּשְׁנַת הַיֹּבֵל הוּא וּבָנָיו עִמּוֹ׃ כִּי־לִי בְנֵי־יִשְׂרָאֵל עֲבָדִים עֲבָדַי הֵם אֲשֶׁר־הוֹצֵאתִי אוֹתָם מֵאֶרֶץ מִצְרָיִם אֲנִי ה' אֱלֹקיכֶם׃ (ויקרא כה:נד-נה)

We may therefore take comfort in the knowledge that the Jewish nation will not remain eternally exiled and subjugated to foreign powers.

I think this point also comes across through a certain wordplay. On just five occasions the Torah makes use of the root ג-ע-ל - all of which appear in this chapter of the Tochacha. The words געל and גאל are phonetically linked as both ayin and aleph are guttural letters with similar sounds. Moreover, they have closely related yet inverse meanings. גאל means to redeem and restore a prior relationship, whereas געל means to abandon and sever an existing relationship. We can see a similar effect of the ayin and aleph interchange in other word pairs.[3] Of particular note, is the intense wordplay between אפר and עפר in relation to the para adumah where the difference between 'earth' and 'ash' is quite literally the difference between life and death. In our context, the wordplay alludes to the fact that the Jewish people have been eternally chosen as God's nation and therefore will eventually be redeemed (גאל) and not abandoned (געל).

The קדושת הגוף of the Jewish nation

This brings us to the final section. At first glance, the location of this final set of laws is difficult to understand. The topics all relate – one way or another – to consecrated property and their monetary redemption or exchange.

The general principle is that if a consecrated item is not eligible to be offered as a korban then its status is one of קדושת דמים. Such an item is considered the financial possession of the sanctuary but may be redeemed by the original owner provided a fifth is added to the principal. However, where the consecrated animal is fitting to be used directly in the service of God (i.e. as a korban), then the animal obtains a status of קדושת הגוף and cannot be redeemed.[4] This state of kedusha is of a higher order and not merely a consequence of physically ownership, therefore its status cannot be expunged. In such a case, if one attempts to exchange the consecrated animal for another animal, the law is such that the original animal remains consecrated and the second animal also becomes consecrated. This is applied twice in the final section of Vayikra - once at the beginning and once at the end (according to the Masoretic division):

וְאִם־בְּהֵמָה אֲשֶׁר יַקְרִיבוּ מִמֶּנָּה קָרְבָּן לַה' כֹּל אֲשֶׁר יִתֵּן מִמֶּנּוּ לַה' יִהְיֶה־קֹּדֶשׁ׃ לֹא יַחֲלִיפֶנּוּ וְלֹא־יָמִיר אֹתוֹ טוֹב בְּרָע אוֹ־רַע בְּטוֹב וְאִם־הָמֵר יָמִיר בְּהֵמָה בִּבְהֵמָה וְהָיָה־הוּא וּתְמוּרָתוֹ יִהְיֶה־קֹּדֶשׁ׃ (ויקרא כז:ט-י)

וְכָל־מַעְשַׂר בָּקָר וָצֹאן כֹּל אֲשֶׁר־יַעֲבֹר תַּחַת הַשָּׁבֶט הָעֲשִׂירִי יִהְיֶה־קֹּדֶשׁ לַיהוָה׃ לֹא יְבַקֵּר בֵּין־טוֹב לָרַע וְלֹא יְמִירֶנּוּ וְאִם־הָמֵר יְמִירֶנּוּ וְהָיָה־הוּא וּתְמוּרָתוֹ יִהְיֶה־קֹדֶשׁ לֹא יִגָּאֵל׃ (ויקרא כז:לב-לג)

Another noteworthy observation is that the root גאל appears again throughout this last section. More importantly, it features as the final word - prior to the concluding verse - within an apparently extraneous clause (compare to verse 10 where this clause – לא יגאל - is absent). Note also that this section is the only place in the Torah where redemption of consecrated property is referred to in terms of גאולה as opposed to the more common term פדיון (see Shemot 13:13; 34:20; Bamidbar 18:15-17). All this does not seem to be coincidental and serves to create a link back to the previous sections where this word or its derivative was so prominent. But for what purpose?

One might suggest that this is an allusion to the קדושת הגוף which inheres within the Jewish nation and which guarantees they will never be abandoned by God.[5] As mentioned above, an item which has קדושת הגוף obtains an inalienable state of kedushah which cannot be removed or redeemed.

Whilst the notion of the Jewish people as a גוי קדוש was explicitly stated just prior to the giving of the Torah, the context there may be understood as a mission statement rather than an inalienable status - similar to the calls to holiness recurring throughout the book of Vayikra.[6] Do we see anywhere that a state of קדושת הגוף was vested in the nation in the model of a korban? The answer to this is affirmative – on two separate occasions. The first time was at the Akeidah when Yitzchak was designated as a korban. True, Yitzchak was never actually sacrificed, and Avraham offered a ram 'in his son's place'. However, as we have just seen, the law in such a case is clear and the originally designated korban retains its state of kedusha - וְהָיָה־הוּא וּתְמוּרָתוֹ יִהְיֶה־קֹּדֶשׁ.[7]

Thus, Yitzchak's consecrated state is forever attached to the Jewish people. This newly obtained status of Yitzchak explains why immediately subsequent to the Akeidah the contingent promises previously made are restated in almost identical terms, but now as a unilateral commitment from God (notably the term שבועה is used for the first time and no act is demanded of Avraham).[8] The implication is that even if the people renege at their end, God's commitment remains.

The second occasion was on the eve of the exodus. As discussed at length here, the symbolic purpose of the Pesach ritual was to transform the Jewish home into a representative altar via which the people on the inside became eternally consecrated to God.

We therefore have two historical precedents to apply the principle of קדושת הגוף to the Jewish nation to underwrite God's commitment to never forsake the Jewish people.

 

 

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[1] This is true in broad strokes but is an oversimplification. A comprehensive discussion of the structure of the book of Vayikra would need to account for the fact that parashat Emor returns to the subject of the kohanim and the furnishings of the Mishkan. For an interesting hypothesis of the structure of the entire book by R. Menachem Leibtag see here.

With respect to the first half of Vayikra, an analysis of the list of korbanot in parashat Vayikra in contrast to parashat Tzav shows that it is the owners – and not the kohanim – who are the primary audience of the first list. See Ramban Vayikra 6:2. 

[2] This is particularly noteworthy as a contrast to the surrounding cultures of the Ancient Near East where the priests were a privileged class which acted to distance the commoner as far as possible from the Temple to retain their dominance. See article by Prof. Yonatan Grossman here.

[3] Consider the following examples where the interchange of the aleph to the ayin inverses the perspective:

פאר – פער
אור – עור / עוור
אושר - עושר

[4] Determination of the parameters of קדושת הגוף and קדושת דמים is a complex area as far as halacha is concerned and has numerous implications (e.g. Me'ilah). However, the fundamental distinction emerges directly from the text. Note that a חרם may also not be redeemed (see verses 28-29) due to its heightened state of kedusha (described as קודש קדשים).   

[5] One might challenge this analogy by the fact that קדושת הגוף can be removed after an animal becomes a בעל מום. This law is in fact derived from the very next verse:

וְאִם כָּל־בְּהֵמָה טְמֵאָה אֲשֶׁר לֹא־יַקְרִיבוּ מִמֶּנָּה קָרְבָּן לַה' וְהֶעֱמִיד אֶת־הַבְּהֵמָה לִפְנֵי הַכֹּהֵן׃

Commenting on this verse, Rashi references the Sifra:

ואם כל בהמה טמאה. בְּבַעֲלַת מוּם הַכָּתוּב מְדַבֵּר, שֶׁהִיא טְמֵאָה לְהַקְרָבָה, וְלִמֶּדְךָ הַכָּתוּב שֶׁאֵין קָדָשִׁים תְּמִימִים יוֹצְאִין לְחֻלִּין בְּפִדְיוֹן אֶלָּא אִם כֵּן הֻמְּמוּ

The simple meaning, however, is that it refers to an animal which is not of the variety which can be offered up. What forces Rashi (and most other classic commentators) to interpret the verse as referring to a בעל מום is the repetition in verse 27. Nevertheless, the tension with the plain meaning of the verse is evident and noted, among others, by the Netziv. Either way, it is instructive that the plain reading does not give us the impression that there is any redemption option.

[6] This contrasts to the book of Devraim where the holiness of the people is presented as a given (see Devarim 7:6; 14:2)

[7] I apologise here if I have crossed the line between derash and peshat

[8] This is an important point as many have wondered what was the added value of the blessing that Avraham received after the Akeidah given its similarity to previous blessings. According to the above, the difference is more in the form of the commitment than the specific content. Grossman provides a similar answer (Avraham: Sippuro shel Massa, Hebrew, p.321-326)