Showing posts with label gur aryeh. Show all posts
Showing posts with label gur aryeh. Show all posts

Tuesday, February 25, 2014

Why allude to the Churban specifically in Pekudei?

Parashat Pekudei begins (Shemot 38:21):

 These are the numbers of the Mishkan, the Mishkan of the Testimony, which were counted at Moses' command; [this was] the work of the Levites under the direction of Ithamar, the son of Aaron the Kohen.כא. אֵלֶּה פְקוּדֵי הַמִּשְׁכָּן מִשְׁכַּן הָעֵדֻת אֲשֶׁר פֻּקַּד עַל פִּי משֶׁה עֲבֹדַת הַלְוִיִּם בְּיַד אִיתָמָר בֶּן אַהֲרֹן הַכֹּהֵן:

and Rashi (1040-1105) comments:

the Mishkan, the Mishkan: Heb. הַמִּשְׁכָּן מִשְׁכַּן [The word מִשְׁכָּן is written] twice. This alludes to the Temple, which was taken as security (מַשְׁכּוֹן) by the two destructions, for Israel’s iniquities [The Temples were taken as a collateral for Israel’s sins. When Israel fully repents, the Third Temple will be built]. -[from Midrash Tanchuma 2, Exod. Rabbah 51:3]המשכן משכן: שני פעמים, רמז למקדש שנתמשכן בשני חורבנין על עונותיהן של ישראל:

The Midrash Tanchuma in question:
ולמה משכן משכן שני פעמים? 
אמר רבי שמואל: 
שבית המקדש עתיד להתמשכן שני פעמים: 
חרבן ראשון,
וחרבן שני.

Maharal

ולפיכך אמר, משכן שני פעמים. 

The Maharal of Prague (1520-1609), in his supercommentary of Rashi, Gur Aryeh, questions why, of all places, this midrash should be positioned here. Is there something unique to the count in parashat Pekudei that should prompt the Torah to repeat the word Mishkan, in order to allude to the two destructions?

He writes as follows:


"And if you ask what relevance there is in writing this here, and why did it not write this in any parsha which preceded it. Yet this matter is wondrous in wisdom, and this is known from that which the tablets were shattered, because they were given with pomp, such that the evil eye ruled over them (Tanchuma Ki Tisa, 31). And because here is written אֵלֶּה פְקוּדֵי הַמִּשְׁכָּן, that the Mishkan was enumerated here, and because of this the evil eye ruled over it, for anything counted, the evil eye rules over it (Rashi above 30:12 [J: at the start of Ki Tisa, regarding taking a census of Israel]). And since there was a count to each item in the Mishkan, the evil eye ruled over it. And so too the Bet Hamikdash, every item in the Mikdash had a count, as is written explicitly [J: first Bet Hamikdash in I Melachim 6-7, second in Ezra 8], and anyplace there is a count the evil eye rules over it."
This is an interesting idea, tying the midrash to the פקד of counting. Yet for some reason I don't find it persuasive. A concept like ayin hara being sholet and thus causing the destructions is something I would like to be more explicit in the midrash. And there is only two destructions mentioned, of the two Temples, not of the Mishkan, so the connection to the Mishkan being enumerated is somewhat more tenuous.

I also find the question interesting. (1) Why would the Torah introduce this textual irregularity here, or all places. (2) Why does the midrash introduce this idea specifically here?

I don't share the same assumptions as the Maharal when it comes to analyzing midrash, and so I would say that the textual irregularity of הַמִּשְׁכָּן מִשְׁכַּן is driven by some peshat concern, or is some natural human way of writing these particular grammatical constructions. And that once this irregularity was present, the midrashic author took advantage of it to introduce the idea.

However, I do think that there is something unique to Pekudei that is prompting this idea. That is,  הַמִּשְׁכָּן מִשְׁכַּן could have appeared anywhere. And the idea is, for the benefit of Klal Yisrael, the Mikdash serves as a mashkon, collateral. And it gets destroyed rather than Israel being destroyed. This seems like the lesser of two evils, in the grand scheme of things.

But I believe the drasha is also only the first three words of the parashaאֵלֶּה פְקוּדֵי הַמִּשְׁכָּן

The word פקד means many things. Visit, count, remember.

And it also has a negative, destructive sense, as in (to select a random example) Hoshea 9:7:
ז  בָּאוּ יְמֵי הַפְּקֻדָּה, בָּאוּ יְמֵי הַשִּׁלֻּם--יֵדְעוּ, יִשְׂרָאֵל; אֱוִיל הַנָּבִיא, מְשֻׁגָּע אִישׁ הָרוּחַ--עַל רֹב עֲו‍ֹנְךָ, וְרַבָּה מַשְׂטֵמָה.7 The days of visitation are come, the days of recompense are come, Israel shall know it. The prophet is a fool, the man of the spirit is mad! For the multitude of thine iniquity, the enmity is great.

A day of visitation is a day of destruction. And so this functions as the prime for the midrash, setting the tone for this particular interpretation and revocalization of mishkan.

Wednesday, October 26, 2011

The world was filled with chamas -- was this robbery, extortion, or something else?

'And the earth was full of hummus'
Summary: Rashi says chamas means gezel. Does he mean this technically, or not? The meforshei Rashi consider this question, as do I.

Post: At the start of parashat Noach, we hear that the earth was filled with chamas. Thus:

11. Now the earth was corrupt before God, and the earth became full of robbery.יא. וַתִּשָּׁחֵת הָאָרֶץ לִפְנֵי הָאֱ־לֹהִים וַתִּמָּלֵא הָאָרֶץ חָמָס:

It is unclear what חמס means. Ibn Caspi writes:

חמס .  סוג כולל לכמה ענינים וכתוב חָמְסוּ תוֹרָתִי (יחזקאל כ״ב כ"ו) ובלשון חכמים חמסו האמת  (?) י


That it, "chamas: is a category which encompasses several matters. And it is written (Yechezkel 22:26) '[Her priests] have done violence {chamsu} to My law.' And in the language of the Sages, it has done violence {chamsu} to the truth."

Ibn Caspi is referring here to the midrashic assumption, echoed by Rashi, that chamas refers to gezel, theft. Thus, Rashi wrote:

ותמלא הארץ חמס: גזל:

And so was it translated above. But really, according to Ibn Caspi, it might be violence, oppression, theft, extortion, and all sorts of other untoward and corrupt behavior. And this seems like a more peshat-oriented prompt for the destruction of the earth.

Though prompted by the talmudic definition of chamas as a definition of gezel, my guess is that Rashi intends this as peshat. Midrashic peshat, but peshat nonetheless.

Rabbi Eliyahu Mizrachi runs with Rashi's assumption, and asks that there is a distinction between chamas, extortion, and gezel, robbery. Thus, he writes:


"And although in Bava Kamma, perek Hakones Tzon LaDir, they said 'what is the difference between a חמסן and a גזלן? A gazlan does not give money, while a chamsan gives money, but that he {=the seller} does not say 'I want'.' And in Bereshit Rabba, Rabbi Chanina said that gezel is the value of a peruta while chamas is less than the value of a peruta.' Thus, it is clear that gezel is one thing and chamas is another thing. These words are by a chamsan as defined by the rabbanan. But by a chamsan of Scriptures, this is the same as a gazlan. And there, this is what is necessary: What is the distinction between a gazlan derabbanan and a chamsan derabbanan? As they learned in a brayta in perek zeh borer, that the gazlanim and chamsanim were increased upon them. And they are dealing there with the find of a deaf-mute, imbecile, and a minor, who are not invalid Biblically but because of darkei Shalom. And it explains there that a gazlan does not give money, while a chamsan gives money. And so explain the Tosafot in perek haKones."

Gur Aryeh summarizes Mizrachi's answer with the statement that לשון תורה לחוד לשון חכמים לחוד. But Gur Aryeh has a difficulty with this resolution. He writes:

חמס  גזל.  אף על גב שחילוק גדול יש בין
 גזל לחמס  , דאמרינן (ב״ק סב.) מה בין גזלן
 לחמסן — גזלן לא יהיב דמי, חמסן יהיב דמי,
 פירש הרא״ם דלשון התורה לחוד ולשון
 חכמים לחוד (חולין קלז.). ואינו מיושב, דלמה
 הכתוב משנה לכתוב ״חמס״ ולא כתב גזל
 ואונקלום תרגום ׳חטופין, דמשמע חטיפה
 בלבד ולא גזל ממון, ויראה שהוקשה לרש״י
וכי אנשי דור המבול היו יראים את ה׳ שהיו
 נותנים דמים, דודאי לא היו יראים אלהים, אלא
 האי ״חמס״ הוא שגזל ממנו בלא דמים, ומה
 שכתוב בקרא ״חמס״ היינו שלפי האמת היה
 חמס, שמכח שכל (ה)אחד היה גוזל את חבירו

ואם גזל אחד מן חבירו והכירו היה גם כן גוזל
 אותו — הרי היה לו  דמים תחת מה שלקח
 ממנו. והרי הוא חמס. וזהו שנאמר ״ותמלא
 הארץ חמס״ שהרבה היו חומסין, זה מזה וזה
 מזה, עד שהיה הגזל — חמס. ומה שכתב
 רש״י ׳גזל׳ היינו שהגוזל לא כוון שיהיה זה
 חמס, שגזל ממנו בין שהיה לו  תמורת אותו
 חפץ דמים או שלא היה לו, לעולם היה גוזל,
 ולפיכך קרא ׳גזל׳, אלא שהאמת הוא שהיה זה
 חמס בלא כוונתו:

"Chamas: gezel: Although there is a great distinction between gezel and chamas, for we say (in Bava Kamma 62a), 'what is the difference between a gazlan and a chaman -- a gazlan does not give money, while a chamsan gives money.' Rabbi Eliyahu Mizrachi explains that the language of the Torah has one connotation while the language of the Sages has another connotation (Chullin 137a). And this is not well answered, for why does the Torah change to write chamas and not write gezel? And Onkelos translates חטופין (seizers, robbers), which implies just grabbing and not theft of money. And it appears that it is difficult to Rashi for were the men of the generation of the Deluge God-fearing people that they gave money? Certainly they were not God-fearing people. Rather this chamas is that they stole from the other without money. And that which is written in Scriptures chamas is because, in truth, it was chamas, for by force of the fact that each one stole from his fellow, and if one stole from his fellow and he recognized it, he would {in turn} rob from him. Thus, he had money in return for what was taken from him, and behold it is chamas. And this is what is stated, 'and the earth was filled with chamas', for many were chomsin, this one from that one and that one from this one, until the gezel was chamas. And that which Rashi wrote gezel was because the robber did not intend that this be chamas, for he robbed from him whether it was in exchange for that item's value of whether he did not have, regardless, he would rob. And therefore he called it gezel. But in truth, it was chamas without his intent."

While I think they make a number of valid points, both Mizrachi and Gur Aryeh are over-thinking this.

1) When Rashi said gezel, it is a good and short way of identifying what category of action חמס means in this context. As Ibn Caspi wrote, chamas could encompass many different actions, including violence and oppression. By saying gezel, he means this sort of action.

If so, even if Rashi meant specifically the sort of action that fell under chamas and is not technically gezel, then it is of no concern. Gezel was meant lav davka. Thus, the question from Bava Kamma, voiced by Mizrachi, need not be a question.

2) Does Rashi mean chamas as opposed to gezel, and then, chamas types of actions? Maybe. We could adopt the Bava Kamma definition, that they gave money but they extorted people who did not wish to sell. Or better, Mizrachi cited Midrash Rabba, that chamas is theft under a shava peruta. There is an explicit midrash to that effect, that a whole group of people colluded together to steal from a person, where are person took half a pea. Thus, none of them could be prosecuted in court.

3) Still, Mizrachi does have an excellent answer in לשון תורה לחוד לשון חכמים לחוד. One need not resort to midrashim of this sort. Chamas and gezel can be within the same category, or chamas being a general category while gezel a type of chamas. Or they could be synonyms, which the Torah will use interchangeably in this context, without the sort of distinctions Chazal make within their own use of the terms. If so, we don't need to define a specific type of action the people of the Dor HaMabul committed that was technical chamas.

4) Turning to Gur Aryeh, his question of why specifically mention chamas rather than gezel is a plausibly good one. I don't think one needs to ask that, but my sense differs from that of Gur Aryeh as to what makes a compelling peshat question, as opposed to a compelling derash question. And that question could be what yielded the aforementioned midrash, about each one stealing less than a shaveh peruta.

5) In terms of the question of whether the people of that generation were yerei Shamayim, I think everyone can agree that they were not. But fear of Heaven is not the only reason someone would extort rather than simply rob. One might be afraid of the law. With extortion, someone who does not want to sell, or to sell for that price, can still be compelled, and might be afraid to go to the police. Or the extortionist may have greater deniability in that he did, in fact, give money. So, to say that they were chamsanim in accordance with the Bava Kamma definition does not seem insane.

6) The answer that each was stealing from the other, in exchange, such that it was the Bava Kamma definition of chamas is a nice midrash. But it does not seem to be a midrash that Chazal said. Rather, it was introduced by Gur Aryeh, and perhaps even as peshat. It might be a rather nice neo-midrash. But I don't think this reflects Chazal's belief, and I don't think it reflects Rashi's belief. So too, I don't think that the reason Rashi said gezel was because of the flip side of un-intention by the chamsan. This is reading a whole lot into a single word by Rashi.

7) In terms of the proof from Onkelos, Gur Aryeh appears to be saying that Onkelos is defining this as a geniune chamas, rather than gezel. There was no theft, just a seizure of the property. In other words, and as the supercommentator (R' Yehoshua David Hartman) writes there in footnote 129, this was with force, but he paid money so it was not theft.

I don't know that this diyuk into the Aramaic is entirely compelling. After all, the Targum to ganavim in Ovadiah 1:5 is chatofin:


ה  אִם-גַּנָּבִים בָּאוּ-לְךָ, אִם-שׁוֹדְדֵי לַיְלָה--אֵיךְ נִדְמֵיתָה, הֲלוֹא יִגְנְבוּ דַּיָּם; אִם-בֹּצְרִים בָּאוּ לָךְ, הֲלוֹא יַשְׁאִירוּ עֹלֵלוֹת.5 If thieves came to thee, if robbers by night--how art thou cut off!--would they not steal till they had enough? If grape-gatherers came to thee, would they not leave some gleaning grapes?

and the context is surely thieves, not extortionists.

8) Finally, here is a pasuk where chamas does not mean theft or extortion. Shofetim 9:24:

כד  לָבוֹא, חֲמַס שִׁבְעִים בְּנֵי-יְרֻבָּעַל; וְדָמָם, לָשׂוּם עַל-אֲבִימֶלֶךְ אֲחִיהֶם אֲשֶׁר הָרַג אוֹתָם, וְעַל בַּעֲלֵי שְׁכֶם, אֲשֶׁר-חִזְּקוּ אֶת-יָדָיו לַהֲרֹג אֶת-אֶחָיו.24 that the violence done to the threescore and ten sons of Jerubbaal might come, and that their blood might be laid upon Abimelech their brother, who slew them, and upon the men of Shechem, who strengthened his hands to slay his brethren.


That chamas is translated in the Targum by chatofa. And it means violence. It seems that this is a general translation of chamas, and Jastrow derives a meaning of 'violence' for chatofa on the basis of this pasuk and Targum.  So too Tehillim 72:14:

יד  מִתּוֹךְ וּמֵחָמָס, יִגְאַל נַפְשָׁם;    וְיֵיקַר דָּמָם בְּעֵינָיו.14 He will redeem their soul from oppression and violence, and precious will their blood be in his sight;



the translation is chatofa.

Friday, April 08, 2011

Darshening Rashi's wording of לעוף טמא

Summary: Gur Aryeh correctly points out that something is a silly diyuk. Levush HaOrah defends the diyuk, but I agree with Gur Aryeh on this.

Post: People are medakdek in the slightest thing in Rashi, and often they are wrong to do so. Here is a Rashi towards the beginning of parashat Metzora:

4. Then the kohen shall order, and the person to be cleansed shall take two live, clean birds, a cedar stick, a strip of crimson [wool], and hyssop.ד. וְצִוָּה הַכֹּהֵן וְלָקַח לַמִּטַּהֵר שְׁתֵּי צִפֳּרִים חַיּוֹת טְהֹרוֹת וְעֵץ אֶרֶז וּשְׁנִי תוֹלַעַת וְאֵזֹב:
חיות: פרט לטרפות:
טהרות: פרט לעוף טמא. לפי שהנגעים באין על לשון הרע, שהוא מעשה פטפוטי דברים, לפיכך הוזקקו לטהרתו צפרים, שמפטפטין תמיד בצפצוף קול:

Thus chayos means that they are still alive, and perhaps even not alive yet soon to die, having been torn. Tehoros means that they are of a kosher species.

Mekorei Rashi points us to the Sifra and to Chullin daf 140a (Aramaic and English summary). To just quickly look to the Sifra:

And see the gemara as well inside. Tehoros is indeed ambiguous. Does this mean ritually impure? Tamei because of being a neveilah? Or does it mean a non-kosher species. Looking at various sources, including the gemara, it is clear that it means non-kosher species. Yet, there is this ambiguity. And this ambiguity is present in the gemara, as well, when it says things like:
ת"ש מסיפא טהורות מכלל דאיכא טמאות לא מכלל דאיכא טרפות
Rashi makes this much clearer, by reiterating the word of and putting tamei in the singular. Once again:
טהרות: פרט לעוף טמא.
This is a divergence from the language of the gemara and the Sifra. But it makes things exceptionally clear. Why? Because "of tamei" and "of tahor" are established as collocations, words which go together more often than random chance. Why? Because they are an established name for "non-kosher species of bird" and "kosher species of bird". In contrast, just the word טמאות appears as an adjective in multiple contexts. And since we are referring to this known entity, it makes sense to call it of tamei in the singular, which is how we most often encounter it. Thus, if we do a search at Snunit for עוף טמא, we find 48 matches, indeed some on the same daf in Chullin. If we do a search for עופות טמאות, we find 0 matches. I know that if I heard the term in plural, I would not immediately leap to the interpretation of "non-kosher birds", but when I read it is Rashi in the singular, I indeed made that correct association. So shkoyach, Rashi, for writing a clear peirush.

But apparently some meforshei Rashi took this as a cue to wrongly make diyukim, and attribute to Rashi things he never intended. (See this parshablog post about this problem in general).

Gur Aryeh, that is, the Maharal, debunks this for us:

"to exclude oph tamei -- There are those who are medakdek into the words of Rashi, that at first he wrote 'chayos to the exclusion of treifos' {in plural, without modification of oph or ophos} and afterwards he wrote 'tehoros, to the exclusion of oph tamei', and he did not say 'to the exclusion of temeios'.


And this is no dikduk, for had I said 'and not temeios', this would have been that it was not rendered ritually impure from tum'ah. Therefore he said 'to the exclusion of oph tamei', whose explanation is that it is impure in its species {=a non-kosher species}. And he did not say 'to ophos temeios' {which would include the word ophos, implying the species}, for I would have already said that it means to birds which had become ritually impure, but in the phrase oph tamei, there is no room to err, for its meaning is certainly a species of non-kosher bird, for about the species one speaks in the singular. Therefore he said it in the singular, 'to the exclusion of oph tamei'. And this is obvious."

I agree in general with his conclusions and arguments, though not necessarily in all the particulars. And what I wrote above bolsters and works in parallel to his arguments. One point he missed was that this is a divergence from the Sifra.

Who, precisely, is he arguing against? Note footnote 32 in Gur Aryeh, which states that he could not find his source; but that the Divrei David {=the Taz} asks the same, so you can check that out. I can point to someone subsequently argues on Gur Aryeh, and bolsters the dikduk into Rashi's language: the Levush HaOrah, Rabbi Mordechai Yoffe, who is Gur Aryeh's contemporary, born in Prague, and a descendant of Rashi. I present here the Levush:

First he quotes the Rashi and the Maharal which we saw above. Then, he writes:














"And I am astonished at this Rav {=Gur Aryeh} about that which he says. Who was the prophet who informed him that on the language of ophot temeiot there is room for error and to say that it is speaking about birds which had become ritually impure, while on the language of oph tamei one cannot err to say this?! I don't know upon what he relies to say so, for what is the greater strength of this than that? This is only words of prophecy! For certainly, there is in this {singular} language the connotation of the species of non-kosher bird, just as in {Bereishit 32:6, in Vayishlach} וַיְהִי-לִי שׁוֹר וַחֲמוֹר, etc., where its explanation is the species of bovine. But it can support as well the explanation of a bird which had become ritually impure {and is thus equally ambiguous}, so why should someone not make an error?


And furthermore, more than this, I say that he was dozing and sleeping when he said






this matter, and did not know what he was saying. For where in the world do we find living creatures becoming ritually impure in their lifetimes, except for the species of mankind; delve into all the halachot of the laws of ritual impurity and find it such. For there is not a single living creature which is subject to ritual impurity in its lifetime, except for man. And even within mankind, as well, it is specifically Israelites and not gentiles, Biblically speaking. And if so, the question returns to its place.


And furthermore, there are those who are medakdek into the language of Rashi, that he said 'to the exclusion of oph tamei' and he juxtaposed immediately after it to say 'because skin afflictions come because of lashon hara, etc.' they ask what the connection is of this to that? How does he connect the reason of 'because afflictions come...' with 'to the exclusion of oph tamei?


They further ask upon Rashi, za"l, from the fact that he excluded oph tamei from the word in the pasuk טְהֹרוֹת, and did not exclude it from the word צִפֳּרִים, which implies that according to Rashi, the term צִפֳּרִים includes both non-kosher birds and kosher birds, and therefore the Scripture was required to write טְהֹרוֹת, to exclude non-kosher ones. Meanwhile, we explicitly say in the gemara, in perek Shiluach haken that in all places it states tzipor, it implies a kosher bird. {Josh: This is that same gemara in Chullin we referenced above.}


And I say that all of these men {who made this diyuk} are complete with us, but they did not plumb the full depths of Rashi, zal. And just the opposite! That which Rashi was careful in his language to say upon the word טְהֹרוֹת that it is to the exclusion of oph tamei and changed from the language which is taught in Toras Kohanim {=the Sifra we saw above}, טְהֹרוֹת and not טמאות, he is displaying to us his great wisdom, comprehensive expertise and the depth of his investigations. For he certainly maintains that Toras Kohanim argues on our gemara, and holds that the term tzipor includes and teaches regarding both a kosher bird


and a non-kosher bird. And therefore Toras Kohanim said טְהֹרוֹת and not טמאות, that is to say that the word טְהֹרוֹת is modifying צִפֳּרִים. And so it is as if it stated tziporim tehorot, and so the 'birds' are a klal, general statement, and includes both kosher and non-kosher, and afterwards the Scriptures specifies and says tehorot and not non-kosher. So was implied to Rashi from the language of the Sifra.


However, he {=Rashi}, zal, maintains like our gemara, that the term tzipor which is stated in every place only connotes a kosher bird, and therefore, then the Scripture states explicitly tehorot, it is difficult to Rashi, since the peshat-level of tehorot, what is it for? For behold it was already stated tzipor, which connotes tahor {=kosher species}; and he did not wish to explain that tehorot comes to exclude treifos and chayos that their limbs are living {=complete}, and the like, many derashot which are stated in the gemara {in Chullin}, because they did not seem compelling to him, za'l, according to the peshat of the Scriptures. Therefore he explained and said tehoros comes to exclude oph tamei, which is the simple {peshat} explanation, and there is no difference between saying oph tamei and ophot temei'im, for all are one matter, just like  וַיְהִי-לִי שׁוֹר וַחֲמוֹר, which is like shorim and chamorim, just as Rashi explains there.


And know that Rashi maintains that tzipor specifically implies kosher {tahor}; for if not so, but rather he held that it is a term which encompasses, he should have said 'tehorot to the exclusion of tzipor tamei, since it was modifying the word צִפֳּרִים. Rather, he certainly maintains the צִפֳּרִים implies kosher ones. And therefore, after he explains that the Scriptures come to exclude an oph tamei with the word טְהֹרוֹת, it is difficult for him, if so, why the verse began by stating שְׁתֵּי צִפֳּרִים. Why did it not say {the more generic} shtei ophot chayim tehorim, for ophot, according to everyone, encompasses non-kosher and kosher,


and afterwards say the exclusion of טְהֹרוֹת, for such is the measure throughout the Torah, to write first the klal {general}and afterwards the prat {particular}? Upon this he continues to explain, and says that since these afflictions come because of lashon hara, etc., therefore it was required to purify him with tziporim, which chirp, etc. That is to say, for this reason it was written first tziporim, for it {the word tziporim} was not coming to exclude non-kosher birds, but rather to darshen from it and to say that we requiring a constantly chirping and tweeting bird, which does so each morning, for this is the connotation of the term tzipor, as the Ramban zal wrote, that the name tzippor encompasses small birds which rise early in the morning to chirp and to sing, from the Aramaic term tzafra. End quote of the Ramban. And it appears to me {=the Levush HaOrah} that so, too, is the position of Rashi, zal, in what he juxtaposed 'because skin afflictions' immediately following 'to the exclusion of oph tahor'. And this appears to me clear and obvious, within the position of Rashi, za'l. And the law of the purification of the leper, according to the position of Rashi, is specifically {?} with a kosher bird which is small, which has the behavior of chirping and singing every morning. Alternatively, all chirpers are called tzippor based on {the Aramaic word for boker,} tzafra, even if they are not small, it seems to me."

So ends the Levush HaOrah. If you asked me who won this dispute, I would say that Gur Aryeh is certainly the winner here. The only point I would possibly grant him is that perhaps there is no distinction which should be made between the plural and singular of oph tamei, and that one should not make anything of it. I think he is incorrect on every other point, and is reading intentions into Rashi which Rashi never dreamed of. I will answer each of Levush HaOrah's objections and suggestions, on behalf of Gur Aryeh.

1) Levush HaOrah wrote:
Who was the prophet who informed him that on the language of ophot temeiot there is room for error and to say that it is speaking about birds which had become ritually impure, while on the language of oph tamei one cannot err to say this?!
I already explained above, based on searches through Rabbinic literature, that one is a common phrase while the other is not. And I would add Gur Aryeh's point that an irregular singular is more clearly a reference to the species, while the plural, [Josh: at least in this instance where we are dealing with two birds], could be taken to be the two actual physical birds. This is not a matter of prophecy. It is a matter of literary sense. It is libi omer li. Eventually, with proper training and a lot of experience reading texts, one develops this sense. But it is not necessarily something that one can put a finger on, and define in overly precise terms. Gur Aryeh is right in evaluating what is more ambiguous and less ambiguous to the casual learned reader.

2) Levush HaOrah wrote:
And furthermore, more than this, I say that he was dozing and sleeping when he said this matter, and did not know what he was saying. For where in the world do we find living creatures becoming ritually impure in their lifetimes, except for the species of mankind; delve into all the halachot of the laws of ritual impurity and find it such. For there is not a single living creature which is subject to ritual impurity in its lifetime, except for man. And even within mankind, as well, it is specifically Israelites and not gentiles, Biblically speaking. And if so, the question returns to its place.
He is right, he is right, he is right, until finally, he is wrong. Gur Aryeh was certainly not dozing or slumbering when he wrote this. Gur Aryeh was not proposing that this was a valid derasha for someone to make. Indeed, if it were, why not make such a drasha in the pasuk? And you might need to demonstrate that that was not what the Sifra meant. But it is not really a possible derasha. Instead, it is an ambiguity that the casual or non-casual reader might make.

Let me choose an ambiguous English sentence, to demonstrate. I will use a garden-path sentence:
The horse raced past the barn fell.
Now, you may ask, what in the world is this thing called a 'barn fell'? I don't know much about farming, so I've never heard of such a barn fell. There is, in fact, no such thing. But we travel down one garden path of interpretation, and when we encounter the word 'fell', we don't know what to do.

The ambiguity which confused us was that 'raced' is both an active verb and a passive verb. As an active verb, it means that the horse ran swiftly. As a passive verb, it means that others made it run quickly. We are using it in its passive sense.
They raced a black horse past the house. They raced a brown horse past the barn. The horse raced past the barn fell.
That is,
The horse, which was raced past the barn, fell.
The word 'fell', then, is a verb. This makes for a perfectly grammatical sentence which, in certain contexts, is still enormously confusing. One person might think there is something actually called a 'barn fell'. Someone else might think the author made a typographical error somewhere. Someone else might puzzle it out for a minute, or might finally be informed by someone else of the true parsing of the sentence.

The Levush HaOrah would insist that this garden path sentence, 'The horse raced past the barn fell', is entirely unambiguous. After all, there is no such thing as a 'barn fell'! Therefore, it must mean what I explained it to mean, above. And, if some author took pains to write 'The horse, which was raced past the barn, fell', it is entirely unwarranted, and that author is trying to teach us something extra. Anyone who suggests that the author was just striving for clarity must be dozing or sleeping!

In the previous paragraph, I was making a rhetorical point. The Levush HaOrah would not say that. But the case with his analysis of Gur Aryeh's point. Gur Aryeh was not trying to argue that a 'barn fell' was a real thing, or that living animals are actually susceptible to ritual impurity. But the casual reader might not remember this, or might see the unadorned word tehorot and think that it refers to such a thing. And the scholarly reader might need to take a minute to work out that it should not mean this, or might even think that here is a source which makes the opposite assumption. Perhaps it is a daas yachid. Eventually, hopefully, we come to the correct conclusion, but this confusion and ambiguity would be the fault of the author. Gur Aryeh is saying that Rashi is a skilled writer, who took steps to avoid this confusion, and so made the more explicit oph tamei instead of the more ambiguous temeiot, which does refer to ritual impurity in other contexts.

If so, there is no question to be resolved, and all the other kvetches are unwarranted.

3) Levush HaOrah further writes, approvingly,
And furthermore, there are those who are medakdek into the language of Rashi, that he said 'to the exclusion of oph tamei' and he juxtaposed immediately after it to say 'because skin afflictions come because of lashon hara, etc.' they ask what the connection is of this to that? How does he connect the reason of 'because afflictions come...' with 'to the exclusion of oph tamei?
Sometimes semichut, juxtaposition, should be interpreted. But sometimes, it should not be. I will account for this juxtaposition, in what I consider to be a straightforward manner. (And which I've suggested for other Rashis in the past -- for the most recent example, see here.) Rashi pulls his commentary from different sources. We saw, earlier, in Mekorei Rashi, that Rashi draws the first two comments the Sifra, which is Midrash Halacha. If we look at Mekorei Rashi as to the source of the next three Rashis, we find that it is from Midrash Tanchuma and from masechet Arachin, 16b. Thus, Tanchuma, Vayikra 14, siman 3:
ביום טהרתו כמה?
שתי צפרים חיות טהורות.

מה נשתנה קרבנו משאר קורבנות?

על שספר לשון הרע.
לפיכך אמר הכתוב: יהא קרבנו שתי צפרים, שקולן מוליכות. 
This is from Midrash Aggadah. After the three selections of Midrash Aggadah, Rashi returns to selectively cite midrash halacha, from the Sifra. Thus, see these Rashis. I highlight the midrash halacha in red and the midrash aggadah in blue:


4. Then the kohen shall order, and the person to be cleansed shall take two live, clean birds, a cedar stick, a strip of crimson [wool], and hyssop.ד. וְצִוָּה הַכֹּהֵן וְלָקַח לַמִּטַּהֵר שְׁתֵּי צִפֳּרִים חַיּוֹת טְהֹרוֹת וְעֵץ אֶרֶז וּשְׁנִי תוֹלַעַת וְאֵזֹב:
חיות: פרט לטרפות:
טהרות: פרט לעוף טמא. לפי שהנגעים באין על לשון הרע, שהוא מעשה פטפוטי דברים, לפיכך הוזקקו לטהרתו צפרים, שמפטפטין תמיד בצפצוף קול:
ועץ ארז: לפי שהנגעים באין על גסות הרוח:
ושני תולעת ואזב: מה תקנתו ויתרפא, ישפיל עצמו מגאותו, כתולעת וכאזוב:
עץ ארז: מקל של ארז:
ושני תולעת: לשון של צמר צבוע זהורית:


The purpose of citing these midreshei aggadah is to deal with the why. What is the symbolism of the birds, the ceder wood, the tongue of red {=worm} wool, and the hyssop? This is important to understand, on the peshat level.

Would it have been appropriate to put  לפי שהנגעים באין על לשון הרע, technically based on the tzipporim aspect, first? Maybe that would have also worked out. But the approach Rashi seems to have chosen here is to have runs of midrash halacha and midrash aggadah. (1) He analyzes the adjectives related to tzipporim, and cites appropriate midrash halacha on it. (2) Then, he transitions to midrash aggadah and so, before moving off of the topic of tzipporim, explains the symbolism of tzipporim. (3) Then, since he is in midrash aggadah mode, he continues on to explain the symbolism of the eitz erez, shni tolaas and the eizov. This is excellent writing style, for all symbolism is placed together. (4) Finally, since he has completed his discussion of the symbolism, he returns to midrash halacha in order to explain just what this eitz erez and shni tolaas are.

This juxtaposition, then, is all fairly straightforward from a literary perspective. But it is just this sort of literary approach that Levush HaOrah ignores. Then, non-questions become questions and they become the impetus for non-questions.

4) Levush HaOrah further writes:
For he certainly maintains that Toras Kohanim argues on our gemara, and holds that the term tzipor includes and teaches regarding both a kosher bird and a non-kosher bird. And therefore Toras Kohanim said טְהֹרוֹת and not טמאות, that is to say that the word טְהֹרוֹת is modifying צִפֳּרִים.
I think he is certainly correct up to here, that the Sifra has different assumptions, and therefore draws different conclusions, than the gemara.

5) But then,
However, he {=Rashi}, zal, maintains like our gemara, that the term tzipor which is stated in every place only connotes a kosher bird, and therefore, then the Scripture states explicitly tehorot, it is difficult to Rashi, since the peshat-level of tehorot, what is it for?
...
Therefore he explained and said tehoros comes to exclude oph tamei, which is the simple {peshat} explanation, and there is no difference between saying oph tamei and ophot temei'im, for all are one matter, just like  וַיְהִי-לִי שׁוֹר וַחֲמוֹר, which is like shorim and chamorim, just as Rashi explains there.  
And know that Rashi maintains that tzipor specifically implies kosher {tahor}; for if not so, but rather he held that it is a term which encompasses, he should have said 'tehorot to the exclusion of tzipor tamei, since it was modifying the word צִפֳּרִים. Rather, he certainly maintains the צִפֳּרִים implies kosher ones. And therefore, after he explains that the Scriptures come to exclude an oph tamei with the word טְהֹרוֹת, it is difficult for him, if so, why the verse began by stating שְׁתֵּי צִפֳּרִים. Why did it not say {the more generic} shtei ophot chayim tehorim, for ophot, according to everyone, encompasses non-kosher and kosher, and afterwards say the exclusion of טְהֹרוֹת, for such is the measure throughout the Torah, to write first the klal {general}and afterwards the prat {particular}? Upon this he continues to explain, and says that since these afflictions come because of lashon hara, etc., therefore it was required to purify him with tziporim, which chirp, etc. That is to say, for this reason it was written first tziporim, for it {the word tziporim} was not coming to exclude non-kosher birds, but rather to darshen from it and to say that we requiring a constantly chirping and tweeting bird, which does so each morning, for this is the connotation of the term tzipor, as the Ramban zal wrote ...
Here is where I disagree. This is not the realm of pesak. And even if in general on a peshat level he maintains that this is the meaning of tzipporim, Rashi is not going to consistently cite one source but disagree with its very premise, and so become a Tanna and start darshening the pesukim himself from scratch.

And even if you say that, after all, he is drawing this from existing derashot, those don't seem to rely on the same premises as Rashi. For example, I don't really imagine that the Midrash Tanchuma, or the brayta in Arachin, half-agree and half-disagree with the gemara in Chullin and the Sifra. And that if one would wholly accept all premises of one of them, the symbolism of the birds fails to apply.

6) Levush HaOrah continues:
as the Ramban zal wrote, that the name tzippor encompasses small birds which rise early in the morning to chirp and to sing, from the Aramaic term tzafra. End quote of the Ramban. And it appears to me {=the Levush HaOrah} that so, too, is the position of Rashi, zal, in what he juxtaposed 'because skin afflictions' immediately following 'to the exclusion of oph tahor'.
I don't think that Ramban is necessarily correct. It seems like a bit of a kvetch. But this is what sometimes happens when you have limited access to all the Semitic languages; you make what pluasible connections you can make.

But I don't know that Rashi must accept this novel Ramban, if Rashi did not himself put forth this etymology explicitly. I also dislike the turning of this midrash aggadah, teaching the symbolism, into binding midrash halacha. This seems to me to be due to the same deafness of literary sense/

Regardless, at the end of the day, this is all unnecessary, for we have already accounted for both the change to oph tahor are for the juxtaposition for tzipporim. Therefore, despite Levush HaOrah's many objections and analyses, I side with Gur Aryeh here.

Tuesday, March 08, 2011

Rashi on *Adam* Ki Yakriv

Summary: Considering the intent of this Rashi, and midrash.

Post: At the start of parashat Vayikra, we have the pasuk and Rashi:

2. Speak to the children of Israel, and say to them: When a man from [among] you brings a sacrifice to the Lord; from animals, from cattle or from the flock you shall bring your sacrifice.ב. דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ אֲלֵהֶם אָדָם כִּי יַקְרִיב מִכֶּם קָרְבָּן לַה מִן הַבְּהֵמָה מִן הַבָּקָר וּמִן הַצֹּאן תַּקְרִיבוּ אֶת קָרְבַּנְכֶם:
אדם כי יקריב מכם: כשיקריב, בקרבנות נדבה דבר הענין:
 A man [adam]: why is this said? Just as Adam HaRishon did not offer from stolen property, for all was his, so too you should not bring from stolen property.אדם: למה נאמר, מה אדם הראשון לא הקריב מן הגזל, שהכל היה שלו, אף אתם לא תקריבו מן הגזל:
הבהמה: יכול אף חיה בכלל, תלמוד לומר בקר וצאן:

While surrounded by midrash halacha, I think this is midrash aggada, as somewhat homiletic midrash. This is borne out by the sources from which Rashi draws these midrashim. Via Mekorei Rashi: on the previous pasuk, from the Sifra.

On d"h אדם כי יקריב מכם, from the Sifra. Following d"h adam, on הבהמה, from the Sifra. And so on and so forth. This is all midrash halacha, teaching parameters of the halacha in analyzing these legal codes describing the korbanot. And it has the legal midrash halacha feel to it. But Rashi, d"h אדם, has quite a different style to it. And indeed, it is drawn from Midrash Tanchuma or from Vayikra Rabba. That Midrash Tanchuma, on Tzav, reads:
דבר אחר:
וידבר ה', צו את אהרן ואת בניו אמר הקדוש ברוך הוא: קיימו מה שכתוב למעלה מן הענין, ואחר כך זאת תורת העולה.

למה?

כי אני ה' אוהב משפט שונא גזל בעולה (ישעי' סא ח), אפילו בעולה.

מה כתיב למעלה מן הענין?

והיה כי יחטא ואשם והשיב את הגזלה אשר גזל, ואחר כך זאת תורת העולה.

למה?

כי אני ה' אוהב משפט שונא גזל בעולה. אם בקשת להקריב קרבן, לא תגזול לאדם כלום.

למה?

כי אני ה' אוהב משפט שונא גזל בעולה.

ואימתי אתה מעלה עולה ואני מקבלה?

כשתנקה כפיך מן גזל.

מה הוא הגזל?

דוד אמר: מי יעלה בהר ה' ומי יקום במקום קדשו, נקי כפים ובר לבב (תהל' כד ג-ד) זאת תורת העולה, מי שהוא נקי כפים מן הגזל, הוא יעלה בהר ה'.

ומתחילת הקורבנות אתה למד,
 דבר אל בני ישראל ואמרת אליהם אדם.

למה אומר אדם?

אלא אמר הקדוש ברוך הוא: כשתהא מקריב לפני, תהיה כאדם הראשון, שלא היה גוזל מאחרים, שהוא היה יחידי בעולם, כך אתה לא תהיה גוזל לברייה.

למה?

כי אני ה' אוהב משפט שונא גזל בעולה. 
Or, from Vayikra Rabba, 2:7:

ז [לא תקריב מן הגזילות]

אמר רבי ברכיה:
א"ל הקב"ה לאדם: זה אדם יהא קרבנך דומה לקרבנו של אדם הראשון שהיה הכל ברשותו ולא הקריב מן הגזילות, ומן החמסים. אף אתה לא תקריב מן הגזילות ולא מן החמסים, ואם עשית כן, (תהלים סט) ותיטב לה' משור פר. 
 


ח ["אדם" - לשון חיבה]

דבר אחר:
אדם,
 זה לשון חבה ולשון אחוה ולשון ריעות.
אמר הקדוש ברוך הוא ליחזקאל: בן אדם!
בן אנשים כשרים
בן צדיקים
בן גומלי חסדים
בן שמבזין את עצמן על כבודו של מקום ועל כבודן של ישראל כל ימיו.
Read these carefully and in context, and it becomes clear that this is homiletic, rather than being midrash halacha. To expand on how this works out nicely according to Rashi as homily, consider that Rashi first cites the Sifra and writes:
אדם כי יקריב מכם: כשיקריב, בקרבנות נדבה דבר הענין:
Thus, this pasuk is speaking about a nedava, a non-obligatory offering, and as we see in the next pasuk, an olah. He is trying to develop his connection to Hakadosh Baruch Hu, and also is doing more than the law requires. Yet there are some people, as Yeshaya develops in the pasuk cited in the midrash, who attempt to develop this bein adam laMakom aspect while trampling over bein adam lachaveiro, by stealing, perhaps even stealing the very stuff that makes up the olah offering. Thus, Rashi juxtaposes this derasha from Midrash Rabba and Tanchuma, about Gezel. The pasuk in Yeshaya, 61:8, reads:

ח  כִּי אֲנִי ה אֹהֵב מִשְׁפָּט, שֹׂנֵא גָזֵל בְּעוֹלָה; וְנָתַתִּי פְעֻלָּתָם בֶּאֱמֶת, וּבְרִית עוֹלָם אֶכְרוֹת לָהֶם.8 For I the LORD love justice, I hate robbery with iniquity; and I will give them their recompense in truth, and I will make an everlasting covenant with them.

Peshat is presumably like the English translation, that olah here means "iniquity", but the midrash takes it as a reference to an olah offering.

How should we read this pasuk in Vayikra according to this homiletic midrash? Adam, ki yakriv -- you should be like Adam when you offer a korban.

Had Rashi wished to go with a simple midrash halacha, he could have drawn it from the Sifra, which states:

אדם לרבות את הגרים

Indeed, I found in a Ktav Yad of Rashi, from Rome, in 1470, the following:


Here, they give the Sifra as a davar acher, to include geirim. And not only that, they darshen the word mikem, to exclude the meshumadim; and korban laHashem, and then it picks up with our version of Rashi, with min habehaima. My guess is that someone inserted this run from the Sifra -- either an overeager scribe, or someone else on the margins, where it was subsequently copied into the actual text of Rashi.

I part ways with a bunch of the meforshei Rashi in understanding this Rashi. For instance, Gur Aryeh (and see the elaborate footnote there) follows the Re'em in understanding that the 'problem' is that it says Adam rather than Ish, yet we would have expected Ish here for some reason. (Because Adam is inclusive of woman and children, yet here we would only want to include gedolim but not ketanim.) And because this would have been obvious, that it couldn't be from gezel, because it would not be his, and for other reasons, it must be speaking about a nedava. (As far as I understand the Sifra, we can get this from the ki of ki yakriv, such that it is a reshut and not a chova.) And so on and so forth.

To me, this approach to this Rashi seems too much like an approach to midrash halacha. But Rashi is getting this from midrash aggada. And if it were midrash halacha, why are we now inventing our own derivations and rules? We could just turn to the Sifra.

Have a look at the Taz:
"Adam, why is it said" -- Rabbi Eliyahu Mizrachi explains 'and it was not stated Ish. And this that the preceded this question {J: that is, why Adam was stated} to that it is speaking about a nedava {voluntary offering}, Maharan explains that this is what it means: It is fine if it were speaking about an obligation, a chova, one could say that that it why it stated Adam, in order to restrict Cutheans {gentiles}, but now that we are speaking of a nedava, and Cutheans as well can bring a nedava, as we state in the first perek of Chullin (13b), Ish, Ish -- to include Cutheans, who came donate nedarim and nedavot like an Israelite -- if so, it is a difficulty why it is stated Adam. And I recorded this for its pilpul value, but it is not emes, for if so, in parashat Tazria, where it is written "an Adam, when he has in the flesh of his skin...", what will you say about it? How come it does not state Ish? And when we delve into what Rashi inscribes, Adam ki yakriv mikem, and it is for no need. Rather, he should have first inscribed Adam and to explain it, and afterwards ki yakriv and to explain it. Rather, Rashi's intent is to resolve the meaning of the language "Adam...Mikem", where it would have sufficed to state "Adam Ki Yakriv" by itself or "Ki Yakriv Mikem" by itself. And this is why Rashi says "Adam, why is it stated?" In other words, it should have been silent and omitted entirely {J: and not, e.g. stating Ish}, and it should only have stated Ki Yakriv Mikem. And since Rashi wished to resolve this difficulty, which is both first and last, for it is doubled, it is fine for him to explain first the Ki Yakriv which precedes, that it is speaking about a nedava, before he explains that which follows, the word mikem which is repetitive of Adam, for one of them is extra. And therefore he first explains ki yakriv, which is earlier, and afterwards Adam, for the difficulty comes by virtue of Mikem which is later. And one who wishes to suspend/connect the question of 'Adam' to the words Ki Yakriv, this is only for pilpul, and it is not in it what is necessary"


I agree with the Taz that if one is going to start making it into midrash halacha, one would expect to make it systematic, and that one can find difficulties with this, just as he found in parashat Tazria. And I agree that in fact, this is pilpul and does not represent the approach of the Sifra or the reasoning of Rashi. I don't think I agree with the Taz, though, in his own explanation of this midrash.

The derasha of the Sifra, where it gets that it is a nedava, is:


אדם כי יקריב יכול גזירה ת״ל כי יקריב אינו אלא רשות


This is letter yud-bet, while its derasha on adam {that it means gerim) is letter yud. So the Sifra, at least, does put them in the order we might expect -- first darshen Adam, and then darshen the phrase ki yakriv. The way it works is first Bnei Yisrael, to which BTW excludes bnot Yisrael from semicha on the korban. But the ones under discussion within this inyan are bnei bris. Therefore, when it encounters Adam, it is inclusive, but not of kutim, meaning gentiles, but instead of geirim. If we want to include gentiles to bring a nedava, that will be from a different pasuk, as we see in Chulin, based on Ish. But here, the focus is on bnei brit, and thus specifically converts. The word mikem is to exclude mumrim or meshumadim, apostates, who are not included in mikem. So there is no duplication in play. Does Rashi include all these derashot? Well, only according to the Ktav Yad I showed above, but in many other kitvei yad, and in our printed text, no.

But my point in all this is that if Rashi were troubled by Adam, or by Mikem, he could have gone to existing midrash halacha, the Sifra, the same place he is drawing all the other derashot in these pesukim. He has ready answers to his questions, and does not need to make up his own midrash halacha, assume there is a difficulty of unnecessary duplication, and answer it in this way. Thus, I would say that the Taz's analysis, as well, is pilpul, rather than the emes in Rashi's intent.

I think the answer to the Taz's difficulty of the ordering is that Rashi's injection of the Midrash Tanchuma / Midrash Rabba is an injection of midrash aggada, and of homily, rather than of midrash halacha. And so, we don't need to resolve it systematically with other uses in the Torah. And so, in terms of the order, it is absolutely fine. Rather than darshening Adam, Ki Yakriv, and Mikem, in the order of the Sifra, he only brings the derasha on Ki Yakriv. (Perhaps this is also a general introductory derasha to the inyan, or on the full phrase adam ki yakriv mikem, to let us know what sort of korban we are speaking of.) Then, he goes on to darshen the word הַבְּהֵמָה, as it is found in the Sifra, and so on and so forth. But when injecting this "davar achar" on this phrase, from a different source, he injects it not as in introduction, for it would not serve as a good introduction, but as another derasha on the phrase before moving on. I would also add that the derasha is not only on the word Adam, but on the word Adam as it appears in the full phrase, just as I explained above. Thus, one should be like Adam [HaRishon] when he brings. There is then this overlap of derashot on the ki yakriv. Thus, I think Taz's difficulty is eminently resolvable in other ways.

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