Talmidav Shel Aharon
25-5767: Mitzvah 59
June 4, 2007

Mitzvah 59 – It is a positive commandment that a Kohen is to defile himself for close kin (by attending to their burial)
Hafetz Hayim: As Scripture says: “for his mother, his father, and for his son and his daughter, and for his unwed sister … for her he shall defile himself. ” (Lev 21:2-3) Although a Kohen is forbidden to become ritually unclean for other dead people, for close kin, however, he has a duty to become defiled ( in attending their burial.) and he has to defile himself for his wife to whom he is married. As for his brother and sister, it applied to those from the same father. Women are not required to become defiled for close kin, but the right to do so is theirs, and they have to observe mourning. This commandment includes within it the religious duty to mourn; that all Jews have a religious obligation to mourn for each of the seven relatives mentioned above. The first day of mourning is decreed by the Torah, while the other days of mourning are by the rule of the Sages. It is in effect everywhere, in every time.

This lesson is easy and hard at the same time. On the one hand, understanding the rules of the Kohanim are easy. A Kohen is not allowed to make himself ritually impure on purpose. There are enough accidents that can happen that need to be addressed that a Kohen cannot do something that will make him ritually impure with intention. There are a few exceptions. For example, if there is an unclaimed body that is in need of burial and there is no one else to bury it, it is a mitzvah for the Kohen to bury that body.
Here we have one of the other exceptions. Ritual impurity from a dead human body is the most severe form of ritual impurity (Tumah). Only the ashes from a properly sacrificed red cow can make a person pure again. This is one of the reasons a Kohen cannot attend to the dead. It would make them impure for seven days. (Another reason is that priests in Egypt, where Israel had a lot of experience, priests dealt with the dead all the time. To prevent this kind of a death cult, Israelite priests were forbidden to take part in funeral rituals.) There has to be a major exception to these rules for the immediate family of a Kohen. It would be both cruel and inhumane to prevent a Kohen from attending to the funeral of seven close relatives. The Torah lists parents, siblings and children as six for which the Kohen may make himself ritually impure with intention. The Sages added a seventh, the spouse. The High Priest cannot make himself impure even for these since there are others in the family who could attend to the funeral beside himself. For this reason a Kohen who is sensitive to these matters will not attend a funeral where the body is present or go to a cemetery. He cannot be in any building that contains a dead body nor can he step over a body in an open place. Only for the seven relatives can he make himself impure. So much for the easy part.
From this Mitzvah, we learn, however, how everyone else is to mourn. According to the law, we are official mourners when one of the seven relatives dies. (parents, siblings, children and spouse) We are commanded to make a tear in our clothing for them, to attend to their funeral and to mourn them after the interment. The tear can be made in the shirt, coat or tie that we are wearing or on a special ribbon that we wear. For a parent, the tear is made on the left side, over the heart. For everyone else it is worn on the right side. For the seven relatives, the mourner becomes exempt from time bound positive Mitzvot while preparing for the funeral.
After the funeral, the mourner observes three set time periods. The most intense mourning is done during the first seven days after the burial. (The exception is Shabbat when no mourning is allowed). During this time a candle burns in the home where the person is observing Shiva (the seven day period is called Shiva) the person does not wear leather soled shoes, one does not put on makeup or shave, and one does not leave the house. Friends and other family members bring them food and other necessities and a service is held in the home so that the family does not have to attend synagogue. The service is held daily from the day of the funeral (counted as the first day) until the morning of the seventh day (you need only observe the first hours of the seventh day) If the seventh day is Shabbat, Shiva ends at noon on Friday. Shiva is temporarily lifted at noon on Friday so that mourners can prepare for Shabbat. Shiva is then restarted when Shabbat is over (unless Shabbat was the last day).
The second period is Sheloshim, it is a 30-day period that begins the first day of Shiva and continues after Shiva is finished. During Sheloshim, one begins to get back to work and get on with life, except that one does not attend parties with music or live music events (concerts, musicals etc). There is an exception if the mourner actually earns his or her living making music or creating parties (band leaders or caterers for example). The third period is the year that begins with the burial and ends with the first anniversary of the death. (Which may or may not be the same day.) During this time the mourner attends services daily so that Kaddish can be recited. If the mourner is able, the mourner should lead a part or the whole of the service. A mourner cannot have a Torah honor, however until Sheloshim is finished. Kaddish is customarily recited only 11 months. This is based on the theory that a soul that dies must pass through punishments to atone for sins in this world. The more sins, the more punishment is given out. Judaism believes, however, that the punishment can not last for more than 12 months when everyone has been punished enough and has earned Gan Eden (Heaven). Kaddish is a way we can help alleviate the punishment. We say it for 11 months because if we go longer, we would be insulting the dead by implying that they were so sinful that they needed to be punished the full 12 months! Kaddish must be recited with a minyan, 10 adult Jews. A mourner is required to attend minyan to say Kaddish as long as a Minyan is available. If there is no minyan one can study in the name of the deceased instead.
If one of the major Festivals of the year occurs during Shiva or Sheloshim, the festival interrupts the mourning and it is NOT continued after the holiday. If the death occurs on the Festival, the funereal has to wait until the intermediate days and then Shiva/Sheloshim begin when the holiday is over. If there is one hour before the holiday when mourning has occurred, than the rest of Shiva is suspended. In the case of Sukkot/Shemini Atzeret, since this is two separate holidays that occur back to back, it not only ends Shiva, but Sheloshim as well,
The exception to all of this is the rules for the death of a parent. The restrictions of music and parties continue on for the full year. This is in recognition of the deeper role a parent plays in our lives. Some will wear their torn clothing for the full 30 days rather than the usual seven days of Shiva.
As with all complicated rules of Judaism, the easiest way to answer all questions about funeral practices in Judaism is to consult your Rabbi.

Talmidav Shel Aharon
24-5767: Mitzvah 58
May 28, 2007

Mitzvah 57 – It is a positive commandment that the Kohanim are to bless the Jewish people.
Hafetz Hayim: As Scripture says: “Thus you shall bless the children if Israel … May G-d bless you and keep you, May G-d make the divine face to shine on you … May G-d lift up the divine face … ” (Num. 6:23-26) If a Kohen adds some other blessing , he transgresses the prohibition “You shall not add …” (Deut. 13:1)If a Kohen did not go up (to give the blessing) when the reader called out, “Kohanim” he would disobey the positive commandment and violate three religious charges (See Num. 6:23,27)but any Kohen who gives the blessing will be blessed, as Scripture says, “I will bless those who bless you” (Gen. 12:3) It is in effect everywhere, in every time.

For the last few weeks we have been tracing the last few laws that apply to the Kohanim, the descendants of Aaron, the brother of Moses, who were designated as priests for eternity by G-d in the Torah. This is clearly the greatest honor that a Kohan can perform, that of blessing the people. There is no one else in Judaism who is allowed to call G-d’s blessing upon the people. Since many have not seen this ritual blessing of the Kohanim, let me describe the procedure.
During the repetition of the Amidah, the Kohanim are called to give the blessing. They need to remove their shoes, and, if a Levite is present, they are to wash the hands of the Kohen. If no Levite is present, the Kohanim do it themselves. They then stand in front of the Ark on some kind of a raised platform. Sometimes it is a small box. I have seen them stand on a special rug, the height of the rug being enough to have them stand “above” the congregation. They stand with their backs to the congregation. The reader then calls out “Kohanim” the call that is described by the Hafetz Hayyim, they then place their Tallit over their heads so that their face can not be seen. They turn and face the congregation, they extend their arms out at shoulder height, holding their fingers in a position that makes their hand into the shape of the Hebrew letter “Shin” with the Tallit still draped over their heads and arms. They recite the blessing for the privilege of reciting a blessing in G-d’s name. They then wave their hands over the congregation as they recite the words from the Book of Numbers. The Reader (Shaliach Tzibur) calls out the words to the blessing in a soft voice, one word at a time, and the Kohanim repeat that world with a loud voice. They repeat each word until the threefold blessing is finished. They then turn around and face the ark again and stay on the bima until the final blessing of the Amidah is recited by the Reader (the blessing “Sim Shalom”). They then leave the bima and put their shoes on and then return to the congregation. It is customary for the congregation not to look directly at the Kohanim during the blessing, but to look down or away from them.
Any Kohen, who is descended from a Kohen on their father’s side can give the blessing. Conservative Judaism has ruled that a woman who has a father who is a Kohen can recite the blessing but the child of a woman who is a Kohen does not inherit the title. In a place where there are no Kohanim, the ceremony is not performed and the Reader merely reads the words of the priestly benediction. There must be a minyan present for the Kohanim to bless.
In Israel this blessing is done at all Shacharit (morning) services. Outside of Israel it is often not done or only done on the three pilgrimage festivals during Musaf when it does not fall on Shabbat. Like circumcision, when one sees the Kohanim blessing the people, we realize that we are in the presence of a very old and sacred ritual. The three part blessing includes blessings for wealth, wisdom, kindness, forgiveness, that G-d should listen to our prayers and a prayer for peace. Each of the three verses is longer than the ones that come before it to give the impression of a cascading blessing that is overflowing with good things. In this case the Kohanim are not “blessing” the people themselves, but are calling down G-d’s blessing on the people. One does not add to the words of the blessing nor take any away. The Reader leads the Kohanim so as to make sure they do not forget a word or lose their place.

Talmidav Shel Aharon
23-5767: Mitzvah 57
May 21, 2007

Mitzvah 57 – It is a positive commandment to separate a dough-cake from a batch of dough and give it to the Kohen
Hafetz Hayim: As Scripture says: “of the first of your dough you shall set apart Hallah (a cake)” (Num. 15:20) If it is one of the five species of grain (see #23) and in his dough there is a bulk of 43 and 1/5 eggs, one has the duty of separating Hallah, a portion of the dough. In countries other than Israel, Hallah has to be separated by the law of the Sages, so that the procedure should not be forgotten; and it is burned. By the law of the Torah there is no set amount for it, but any piece of dough whatever frees one of the obligation.

Hallah, or Challah, is not a twisted loaf of bread, it is a small pinch of dough that is separated from the main batch before it is baked and burned up in the fire. It is the last remnant of a dough sacrifice that is mentioned in the Torah (Numbers 15:20). It only applies to certain types of dough and only dough that is made in the land of Israel. It is only a later Rabbinic enactment that we, in the Diaspora, are told to separate the dough of Hallah and burn it in the fire. As the Hafetz Hayyim says, they enacted it so that the requirement would not be forgotten in our exile.
The dough has to be made of one of the four types of grain that are mentioned in the Torah. These are the same five grains that can be used on Pesach to make Matzah and which are forbidden if they are allowed to ferment for more than 18 minutes. These grains are wheat, barley, spelt, oats and rye. Hallah does not have to be “taken” from the dough from any other grain. In fact, you may notice on boxes of Matzah for Passover the notation that “Hallah has been taken” to let you know that the pinch of dough was separated and burned according to the law. Technically, a private home, making dough for the family, is making too small a batch to be required to “take Hallah” but in fact, many women still take a small pinch from the batch of dough before they bake it, and burn it in the bottom of the oven. As noted above, there is no set amount that needs to be burned. It only has to be a “pinch”.
The size requirement above, 43 1/5 eggs is not the amount of egg put into the dough, but a mass of dough that is the size of 43 and 1/5 eggs. An “egg” is a unit of measurement used by the Rabbis. An “egg” equals 91.6 cubic centimeters so the amount of dough by today’s measurements would be 3957.12 cc. or 241.5 cubic inches.
How did the braided bread that we use for Shabbat come to be called Hallah? I suspect that just as we make a special effort to use kosher wine when we want to say a blessing, so too we make a special effort to use “kosher” bread when we want to say a blessing. Not only does the bread need to be made with kosher ingredients, but, unless “hallah as been taken” it is still not ready for a blessing. Eventually the only bread that was made with the pinch taken and burned was the bread for Shabbat and Holidays, and it took the name of the pinch that was taken. As if the question would be asked, “Was it Hallah’ed?” and eventually the bread took on the name.
As far as I know, all kosher bakeries still remove and burn some dough from every batch of bread that is baked.

Talmidav Shel Aharon
22-5767: Mitzvah 55-56
May 13, 2007

Mitzvah 55 – It is a positive commandment to redeem a firstling male donkey for a lamb.
Hafetz Hayim: As Scripture says: “And the firstling of a donkey thou shall redeem with a lamb” (Ex. 34:20) and he gives the lamb to the Kohen, since Scripture says, “Everything that opens the womb … shall be yours” (Num. 18:15) Kohanim and Levites are free of this obligation. If one has no lamb with which to redeem it, he may redeem it for its monetary value, giving its price to the Kohen. If the firstling donkey was worth ten “selaiim”, he may redeem it with a lamb worth a dinar. Kohanim and Levites are free of this obligation as well. It is in effect everywhere and every time. It applies to both men and women.

Mitzvah 56 –It is a positive commandment to break the neck of a firstling male donkey if it has not been redeemed
Hafetz Hayim: as Scripture states, “and if you will not redeem it, then you hsall break its neck” (Ex. 34:20) Breaking its neck means striking it with a butcher’s hatchet at the back of its neck until it dies. It must be with a butcher’s hatchet and nothing else and not by any other form of death. Any benefit from it is forbidden even after the neck is broken and it requires burial, its ash is also forbidden. It is in effect everywhere in every time for both men and women but Kohanim and Levites are free of the obligation.

I admit that these seem weird, ancient and bizarre, but there is a lesson underneath all of this. So first, let me defend the poor donkey. Since it would be absurd to kill a young donkey and not redeem it by giving the lamb or the value of a lamb to a Kohen, it is unlikely that anyone will have to destroy a baby donkey.
That being said, what is the purpose of laws such as these? We assume that G-d loves all the creatures of the world equally and that there should be little reason to treat the donkey in this way. The commentators note that the donkey was the only domesticated animal that was unfit for sacrifice. Judaism reminds us that all we own, the most valuable of possessions as well as the least of what we have, all, in an ultimate way, belong to G-d. As a reminder of this, we are to dedicate the first of all things in nature, back to G-d. It is the “tax” we pay to the one who gives breath to all life. If the fruit, vegetable or animal is fit to be offered directly to G-d, than that is how it is to be handled. If for any reason it cannot be offered to G-d, the value of the offering is given to a Kohen or a Levite. Since we no longer have a Temple to sacrifice to G-d, all offerings are therefore, redeemed by giving money to a Kohen.
Since a Kohen or Levite dedicate their own lives to G-d, everything they own is already dedicated to G-d and can not be redeemed. Once something is declared “holy” it belongs to G-d and we mortals can not use it in any way nor derive any benefit from it. That is why, if we fail to redeem it, we can’t use it in any way at all, even after it is dead. We can’t use the meat, bones, hide or even the ashes. It all belongs to G-d. The unusual method of killing the donkey was specified lest someone think that the animal was being sacrificed.
What are we to make of these kinds of laws, tied to sacrifices that we no longer offer and to animals that no longer are a part of our possessions? I think that this should remind us that all we have, all that we make or grow, we have because of the love and care of our Creator. We should use these laws to remind ourselves that we need to take a part of all we make, and all we grow, perhaps we can even extend it to beginning a new job or opening a new store. Some of the first profits from that enterprise should be directed to G-d. It can be given to a Kohen if one would like, but even if it is given to charity as a way or extending our thanks to G-d for the opportunities with which we have been blessed.
In a world where everyone seems to be saying “It’s all MINE!” We need to pause and remember that all we are and all we have are just blessing. Blessing shared with us by the merciful G-d.

Talmidav Shel Aharon
21-5767: Mitzvah 53-54
April 23, 2007

Mitzvah 53 – It is a positive commandment to sanctify firstborn males that open a womb.
Hafetz Hayim: As Scripture says: “Consecrate to Me every firstb0orn, whatever opens the womb among the children of Israel, both of man and of beast” (Ex. 13:2) and it is a religious duty to consecrate a firstborn pure (kosher) animal, saying, “this is herby holy” as Scripture states “All the firstling males … you shall consecrate to The Lord your G-d.” (Deut. 15:19) If on did not consecrate it, it is hallowed of itself. At the present time [when there is no Temple where it may be offered up] a firstling is to be allowed to graze until it develops a defect and then it is given to a Kohen. It applies to both men and women.

Mitzvah 52 –It is a positive commandment that an Israelite is to redeem his son who is a firstborn to his Israelite mother.
Hafetz Hayim: as Scripture states, “However, the firstborn son of a man you shall redeem” (Num. 18:15) This redemption is for five Shekels or movable goods worth five shekels. The redemption fee is to be given to the Kohen, and the money for the redemption is entirely non-holy. If the father of the firstborn son is a Kohen or a Levite, or the mother of the firstborn is the daughter of a Kohen or a Levite, he is free of the obligation of redeeming the son. The time for his redemption is after thirty days from his birth, as Scripture says, “And their redemption – from a month old you shall redeem them (Num. 18:16) if someone has no father he has a duty to redeem himself when he grow up. It is in effect everywhere in every time.

With the destruction of the Temple of Jerusalem, the first Mitzvah above has pretty much lapsed. While the Hafetz Hayyim notes that only a Kohen (a person of priestly descent) can benefit from the first born of all animals, he reminds others that they can not use that animal and it has the right to just live out its life until in becomes, for any reason, unfit for sacrifice, then it can be given or donated to a Kohen. Outside the land of Israel this is never done today and while I assume that it may still be performed in the land of Israel, it is of such little concern today that this is all I am going to say about it. I can only add that this is what applies to Kosher animals. Animals that are not fit for sacrificing will be handled in a future lesson.

The firstborn of human beings is quite a different matter. In the early days of our people, the firstborn of a family would become the religious head of the family. Such a boy was raised to make sure that all rituals performed by the family were done properly. The definition, which is important is that this boy should be the firstborn of his mother (if the firstborn is a girl, she did not qualify and the next child, if a son, was not the firstborn) If the boy was born by cesarean section, he was not qualified since he did not “open the womb”, if a subsequent boy was born normally, he would also not qualify since he was not “firstborn”.
Since we have established that the firstborn of all animals was to be dedicated to the Temple of Jerusalem, and since child sacrifice was banned from our earliest times, the firstborn son has to be redeemed from this service. After the incident of the golden calf in the wilderness, the ritual duties of the firstborn were given over to Aaron, the brother of Moses and his descendants forever. The other children of Levi, were also given duties in the Temple ritual. Still, a father had to “redeem” his firstborn from the sacred duties through a ceremony called “Pidyon HaBen” the “Redemption of the (firstborn) Son”. The father releases his son from his ritual duties by giving five shekels to a Kohen. Since the ancient Shekel was silver, the custom was to use five silver coins. The ceremony was followed by a “seudah Mitzvah” a “meal in celebration of a Mitzvah” and it was often a big event since the only other birth party would be the circumcision and that was on the eighth day after birth and it was difficult to invite and involve the community on such short notice. Pidyon HaBen was done after the 30th day from birth, so there was more time to make a special party in honor of the boy.
I believe that the reason the ceremony was done after the 30th day was due to the fact that, in past time, there was the reality of infant mortality. A boy who lived 30 days was considered to be a “survivor” and would then be redeemed.
The son of a Kohen or a Levi, or the boy born to a mother who was the daughter of a Kohen or a Levi, could not be redeemed since they were required, due to their genealogy, to serve in the Temple and they could not be redeemed from this service.
While there is no service yet created for a girl who is firstborn, many have included in the Simchat Bat ceremony, prayers reflecting her firstborn status.
One of the reasons given why firstborn boys (and girls today) were required to fast before the beginning of Pesach, was because the firstborn used to be the one responsible for the sacrifice of the Paschal lamb. This was taken from them (again, because of the incident of the golden calf) and they mourn this loss on the day they would have made the offering. Since “The study of Torah is greater than all the other Mitzvot” by studying Rabbinic works, finishing a major section was a cause for celebration and through this “Siyyum” “completion” ceremony, they would be released from their fast and would be able to eat.
Pidyon HaBen is like Brit Milah in that if, for any reason, a father does not circumcise or redeem his son, the son himself has the obligation to perform these rituals when he is old enough to be able to take care of them.

Talmidav Shel Aharon
20-5767: Mitzvah 51-52
April 16, 2007

Mitzvah 51 – It is a positive commandment that whoever ritually slaughters a kosher animal is to give the Kohen (A direct male descendant of Aaron) the foreleg, cheeks and maw.
Hafetz Hayim: As Scripture says: “he shall give the Kohen the foreleg and the two cheeks and the maw” (Deut. 18:3) This means the right foreleg from the shank, the two parts joined to each other, and the cheeks from the joint of the jawbone to the windpipe with the tongue between them. They should not be plucked or skinned but given to the Kohen with the skin and wool, and the maw with the fat within and upon it. The Kohanim had the habit of leaving the fat for the owner. These are called “gifts” everywhere in the Talmudic literature. The Kohen has the right to sell these “gifts” or to feed them to the dogs since there is no “holiness” in them he may give it to a non-Kohen who may be in pressing circumstances. In the present time we follow Rabbi Ila’i (Hulin 136a) in practice and do not give them. (we don’t give them in lands outside of Israel, but in Israel, we do give them to a Kohen) There are exceptional individuals who give these gifts in the Diaspora and it is fit and proper to do this in order to fulfill this positive commandment.

Mitzvah 52 –It is a positive commandment to give the Kohen the first of the wool.
Hafetz Hayim: as Scripture states, “and the first of the fleece of your sheep you shall give him” (Deut. 18:4) Its proper measure by the law of the Sages is one part in sixty; and one has no duty for this except with sheep, and this provided there are five sheep [at least] each of which has a fleece not less in weight than 12 s’laim, so that among them all there is a weight of sixty s’laim. It is in effect to the same extent as the “gifts” as written above in #51

In our last lesson (before Pesach) we explained about the duties of the Kohen in the Temple in Jerusalem and their ritual duties. These two gifts represent the donations made by thankful worshipers who brought their offerings to the Temple and the Kohen was assigned to help them with their sacrifice and who would see to it that everything was done properly. Some of the offering would be returned to the owner to be eaten by himself and his family. Some was designated as a “gift” to the Kohen for the services he rendered. Since they were not part of the “teruma” the taxes that were collected for the Kohanim, they were not “holy” and only able to be used in the Temple. They could be sold, or donated to someone who was in great need. A sela was 14.55 grams (according to Philip Blackman). At the Hafetz Hayim notes, these laws do not apply anymore in the Diaspora and are only in use in Israel today. I also repeat myself from the last lesson, that there are those, who believe that the entire practice of honoring a Kohen is anachronistic since we no longer wish to rebuild the Temple and reinstate the sacrificial service there. We have just grown more sophisticated in our worship and animal sacrifice and the patriarchal system that insured the lineage of Aaron is no longer needed.
In modern times there are only two types of issues present to us by a Kohen, honors that they are supposed to get, and restrictions that arise from their holy status. The main honor is to be called to the Torah first (it was the least the Rabbis could do when they stopped giving the Kohen animal parts and wool). The first Torah honor was reserved for the Kohen and if there were some reason to give it to someone else, the Kohen could be asked to leave the sanctuary (or he could volunteer to leave) until after the reading. The Conservative Movement, wishing to promote equality among all members of the congregation, and not wanting to force a Kohen to leave the service, ruled that congregations can scrap the system of honors and just call up anyone for the “first” Aliyah.
The only restriction placed on the Kohen that still exists is the law that states a Kohen cannot marry a woman who was divorced or who converted to Judaism. This was to insure that the lineage would not be tainted with questions about the spouse of a Kohen. Because the Kohen is no longer called to work in the Temple (destroyed long ago) the Conservative Movement in order to promote Jewish weddings and to avoid the embarrassment of a convert, ruled that a Kohen could marry a convert or a divorcee. Their children would not have any doubts about their status and the Kohen can still get the privileges of his status even though he no longer has followed the rules of the priesthood.
The Conservative Movement also ruled that while a woman may not pass on to her children her status as a Kohen (that she receives from her father), she may, however act as a Kohen and have the first Torah Honor, chant the priestly benediction and carry the title in her name.

Talmidav Shel Aharon
19-5767: Mitzvah 50
March 26, 2007

Mitzvah 50 – It is a positive commandment to accord honor to a Kohen (A direct male descendant of Aaron).
Hafetz Hayim: As Scripture says: “You shall hallow him” (Lev. 21:8) which means to make him holy and prepare him, that he should be fit and ready to offer up sacrifices at the Sanctuary, and also to treat him with honor, making him first in every matter of holiness; to begin as the first at the reading of the Torah, to be the first to say the benediction at a meal, and to take a fine portion at the start. We are duty bound to hallow him thus even against his will if he does not wish it since Scripture states, “You shall hallow him” even against his will. Even if a Kohen has a disfiguring defect, and thus is not fit for service, we are obligated to honor him. It is in effect everywhere and every time for men and for women.

The Conservative/Masorti movement has addressed most of the issues in this Mitzvah but I am going to save those comments and opinions for the next lesson. (Which, believe it or not, is harder than this one). Let us address the sacred honor that the Hafetz Hayyim is asking for in this Mitzvah so that we can understand why it is so difficult today.

The force of this Mitzvah comes from the fact that it is spoken by G-d to Moses. It is not a matter of debate or human decision. G-d chose Aaron, the brother of Moses and the descendants of Aaron to the priesthood as an everlasting covenant. There is nothing a descendant of Aaron can do to end this sacred relationship. It is as much a part of their life as their DNA. In fact, much has been made of the fact that there is a genetic marker that seems to indeed identify the descendants of Aaron. It is so reliable, it seems, that there is a tribe in East Africa that also seems to have the marker and an old tradition that speaks of them migrating from somewhere else. Perhaps they are ancient Kohanim who migrated south thousands of years ago. It is intriguing but really not relevant to our lesson.
In order to officiate in the Sanctuary, the Kohanim had to be between the ages of 20 and 50 and unblemished. There is a list of physical defects that invalidate a Kohen for service. Blind, lame, missing limbs, etc. They did not have to be handsome, but they needed to be whole. If a defective animal was not permitted to be a sacrifice, a blemished Kohen was not permitted to officiate. In the period of the second Temple, a Kohen could be called to service perhaps once or twice in a lifetime. They served that one day and then went back to whatever it was that they were doing. There were only a set staff of Kohanim that worked in the Temple, the High Priest and his staff. The rest were brought in on a rotating basis.
When the Temple was destroyed, the issue of a physical defect became moot and all Kohanim were given a variety of privileges as a way of remembering the holiness that they once enjoyed. A Kohen was to receive the first Aliyah to the Torah whenever the Torah was read. If there were two Kohanim, only one was given the honor, the other could not go second or third or later since that would imply that one Kohan was greater than the other. The honor of leading the Birkat Hamazon was a similar honor, if a Kohen was present, he would always be the first to be asked to lead. If he could not lead than another could be asked. Kohanim were also designated to recite the benediction that is found in the Book of Numbers which we call the “Priestly Benediction”. To this day, in Israel and on the pilgrimage festivals in traditional congregations, they will, take off their shoes and wash their hands, stand before the congregation on a raised platform, put a Tallit over their heads and hands, lift up their hands and intone the blessings. It is a ritual that is not only old but still holds an element of the sacred in it.
There has been a movement in recent years to include women in the rituals of the Kohanim. A woman who marries a Kohen does not become one, but is entitled to enjoy whatever honors he is given. The status is passed down to both boys and girls but only the boys can pass it on to their children. A woman Kohenet is the daughter of a Kohen. In some congregations, she is given all the same honors as her brothers. In addition, her first born son, even if his father is not a Kohen, does not have the ritual of Pidyon Ha Ben performed. We will explain this further in a future lesson. When the first Temple was destroyed, our people went into exile in Babylonia. According to the book of Ezra, when they returned, only the Kohanim who could prove their pedigree (Ezra himself was a Kohen) were allowed to officiate in the second Temple when it was completed. Today, when we have moved far beyond animal sacrifices and we no longer long for a rebuilt Temple, there are those who ask why we are still honoring the Kohanim. It is a good questions and one that we will look into in the next lesson.

Talmidav Shel Aharon
18-5767: Mitzvah 48-49
March 20, 2007

Mitzvah 48 – It is a positive commandment to ritually slaughter a domestic or untamed animal, or fowl, if one wishes to eat of their flesh.
Hafetz Hayim: As Scripture says: “then you shall slaughter some of your herd and your flock as I have commanded” (Deut. 12:21) which teaches us that Moses our teacher was instructed orally the laws of shechitta (ritual slaughtering): That it must be at the gullet and the windpipe, cutting most of one tube in fowl and most of both in an animal; and about pausing, pressing the knife, inserting it under cover, cutting at a slant and tearing loose that these disqualify shechitta. It is in effect everywhere and every time for men and for women.
Mitzvah 49 – it is a positive commandment to cover the blood of the shechitta (ritual slaughtering) of pure (Kosher) untamed animals of fowl.
Hafetz Hayim: Scripture says: about an untamed animal or fowl, “he shall pour out its blood and cover it with earth.” (Lev. 17:13) It is necessary to put earth underneath, then do the ritual slaughtering, and then cover it; for the term “with earth” [lit. “in the earth” as Rashi] denotes earth underneath and above. It is in effect everywhere and every time for men and for women.

Kosher meat is not meat that has been blessed by a Rabbi, it is, from the moment of slaughter, handled in a special way. Here we have the Mitzvot of Kosher slaughter, called “shechitta” It has long been considered a form of slaughter that takes into account that an animal is giving up its life so that we can eat it for food. We have to be aware that we are taking a life and to treat that life with great respect. There are animals that can never be used as food. These are listed in the Torah. But even the animals we are permitted to eat, these must be slaughtered in the prescribed fashion so that we will take cognizance of their pain and give respect for the life we are taking.
I am not going to go into the details of kosher slaughter. The rules are spelled out in the Talmud and are studied by those wishing to practice as a Shochet, or one who is expert in ritual slaughter. As we see here, the Hafetz Hayim tells us that if any part of the slaughter goes wrong, Jews cannot eat that animal. The meat is not kosher. Since the blood of an animal carries life like the blood of a human, the blood must be covered once it has been drained out of the animal. Jews do not eat the blood of any animal or fowl but bury it in the earth.
In ancient days, only when a animal was to be sacrificed could its meat be eaten, later, when people would want to eat meat outside of the Temple, these laws of “secular sacrifice” were given. Notice that the details are called “oral law”. The written Torah is a wonderful text that teaches us many laws. It is very terse, however, and many details, necessary to keeping the Mitzvot are missing. The Sages therefore declared that, in addition to the written Torah, there was an “oral Torah” given verbally to Moses by G-d at Sinai and passed down from generation to generation of scholars. Much of the Talmud is the effort of Sages to get this law down in writing before it could be forgotten in the turbulent times of the Hadrianic Persecutions. This oral law was considered as binding as the written law.
While these laws of Shechitta were meant to help ease the pain of suffering of the animals, they do not do the job all by themselves. Questions in modern times have been raised about the way animals are treated before they are slaughtered. Some are kept in small pens, fed special foods that make the meat tender but do not nourish the animal. That the animal may be terrified by the way it is handled, hoisted by its hind legs into the air to put it in a better position for the slaughter. This seems to undermine the very principles that Shechitta should be all about. The Conservative/Masorti movement is committed to ending the suffering of animals not only at the moment of slaughter, but in all of their life.
Now there is a new concern. Some Rabbis have expressed a concern that we are treating the animals in a better way than the people hired to process the meat. Such thinking reminds us that Kashrut is about being as ethical with what goes in our mouth as with what comes out. If the factory workers are underpaid, understaffed, working in dangerous conditions and without adequate benefits, than how can we say that this meat was processed with a minimal of suffering? Tzedeck Heksher is what is being developed that will insure that neither the animals or the factory workers will suffer so that we can eat meat. Finally, notice that the rules only apply if we want to eat meat. It is not a commandment to eat meat. One is permitted to be a vegetarian and in fact, the Torah, it the early chapters of the book of Genesis, seems to imply that G-d intended us to be vegetarians and only after the flood, was divine permission given to eat meat. Vegetarianism seems to be the preferred form of eating, with meat eating being a concession to the more violent aspect of our humanity.

Talmidav Shel Aharon
17-5767: Mitzvah 47
March 13, 2007

Mitzvah 47 – It is a positive commandment to circumcise every male at the age of eight days
Hafetz Hayim:As Scripture says: “And he that is eight days old shall be circumcised among you, every male.” (Gen. 17:12) I must be specifically by day as Scripture says, “On the eighth day the flesh of the foreskin shall be circumcised” (Lev. 12:3). And the circumcision shall be done after the dawn came up, he fulfilled the duty . When both the obligation and the time of the circumcision are certain, it thrusts aside Shabbat (usually it is a violation of Shabbat to make a wound that draws blood) Circumcision is a positive commandment that for its violation involves “Karet”, (Divine severance of existence) since Scripture says, “and any uncircumcised male who is not circumcised in the flesh of his foreskin shall be cut off” (Gen. 17:14). It is a religious duty for the father to circumcise his son; and if the father transgresses and does not have him circumcised, he disobeys this positive commandment but he is not punished with “karet”, since “karet” is meted out to none but the uncircumcised person himself. For if the father did not circumcise him, he himself has the duty to circumcise himself when he grows up, and every day that passes by from the time he is grown, and he does not circumcise himself, he disobeys the positive commandment and deserves “karet” if he dies having deliberately not circumcised himself. Whoever thus violates the covenant, even if he has Torah learning and good deeds to his credit, has no share in the world to come. And how great is this religious duty, since thirteen covenants were made over it. It is in effect everywhere and every time.

We can understand most of this mitzvah if we remember that this is the second mitzvah found in the Torah, one of only three mitzvot in the entire book of Genesis. Jews have chosen to risk their very lives to make sure that a child is brought into the covenant through the ritual of Brit Milah, the ceremony that includes circumcision. In ancient Egypt, Jews circumcised their boys even though they were to be thrown into the river by Pharaoh. The Maccabees fought the Syrian-Greeks over the issue of circumcision. Jews in Europe risked Nazi wrath in Ghettos and continued to circumcise their sons. It is also clear that at many points in history, Jews who have sought to be accepted by non-Jews tried to cover over, remove or refuse circumcision. We can begin to see why the Hafetz Hayim spells out this duty so clearly.
I also want to clarify that what the Hafetz Hayim is referring to is not the surgical procedure called “circumcision” in medical texts. Rather he refers to an ancient ceremony, that includes bringing a boy into the covenant of Abraham by circumcising the child on the eighth day and then giving that child a Hebrew name. If the surgery is done before the eighth day, it does not fulfill the mitzvah. It can be done later but then it will not, as above, be permitted to violate Shabbat for it. If the surgery is done without the blessings and rituals, it does not fufill the requirements of Brit Milah and one has not fulfilled the Mitzvah described above.
The mitzvah is the responsibility of every Jewish male. We are required to be circumcised properly. Since it has to be done on the eighth day, Fathers are required to act on their son’s behalf. If a father fails to do this, than, once the boy becomes an adult (at age 13 in Judaism) the boy becomes responsible. Practically, it means that when he turns 18 and no longer needs his father’s approval, he can arrange for the ceremony himself (it is a much bigger operation at 18 years than it is at 8 days) he does not have to do the surgery himself, on himself, rather he consults the proper doctors and Rabbi to see that it is done properly. If a man is circumcised already but it was done incorrectly (or he was born circumcised) a different procedure is used, called Hatafat Dam Brit, where a drop of blood is drawn from the scar of the original circumcision so that the blessings and prayers may be recited. Boys are not given Hebrew names until they are circumcised.
The professional associated with circumcision in Judaism is called a Mohel. He is the one who is responsible for the prayers, the naming and the surgery. He is trained medically to be able to inspect the child to make sure there will not be any complications and trained ritually to make sure that all is done properly.
As we may expect, there are a lot of traditions and superstitions that have crept into the Brit Milah ceremony. For example, there is a long tradition that Elijah the Prophet is at every Brit Milah. This is because he told G-d that the people would never keep this Mitzvah. To prove Elijah wrong, G-d ordained that he be in attendance at every one. We reserve a chair for him in his honor. There is a superstition that at the end of the ceremony, a woman who sits in the chair will give birth to a boy before the year is over. (I do not recommend this particular fertility treatment but hey, if you want to give it a try, it can’t hurt!)
The other person who is involved in this ceremony is called the “Sandek” this is the honor given to the one who will hold the child during surgery. Usually this is not done by a parent, who is to close to the child for this, but a religious relative who would feel honored by his or her selection. The ceremony is concluded with a Seudah Mitzvah, a special meal of celebration.
Converts to Judaism are circumcised (or hatafat dam Brit is performed) before their immersion.
This is not some barbaric rite of passage or blood ritual. It is the mark of the agreement made between Jews, as descendants of Abraham, and G-d. Many have made all kinds of claims against this ritual but it had endured. Many of the attacks against Brit Milah have been shown to be anti-Jewish in nature. On the other hand, whether or not there are any health benefits to circumcision is not relevant to the Jewish ritual of Brit Milah. We do it because G-d commands it and that is enough.
One final note on the punishment of “karet”. This refers to a punishment by G-d after a person dies. It is the total elimination of that soul. What exactly that means is really in G-d’s hands. It does mean, however, that the punishment is not in human hands. There is no punishment in this world for failure to be circumcised.

Talmidav Shel Aharon
16-5767 Mitzvah 45 & 46
March 5, 2007

Mitzvah 45 – It is a positive commandment to marry the wife of one’s brother who has died without children.
Hafetz Hayyim: Scripture states: “If brother dwell together and one of them dies … her husband’s brother shall go in to her and take her to him for a wife (Deut. 25:5). In our time however, when there is no intention in this for the sake of the religious duty to establish a name for one’s dead brother, the law of levirate marriage is not in force but only Halizah described below.
Mitzvah 46 – It is a positive commandment that a yevamah (a childless widow) should remove the shoe of the yavam (her husband’s brother) if he does not want to take her in levirate marriage.
Hafetz Hayyim: Scripture states: “And if the man does not wish to take his brother’s widow … then she shall remove his shoe from his foot etc. (Deut. 25:7,9). This ritual of halitzah (removal of the shoe) is to be carried out only through learned rabbis who are expert in these matters. Whoever does not allow his brother’s widow halitzah disobeys this positive commandment. There are men who refuse to grant their brother’s widows halitzah, saying that through this there will be some danger for them But that is a great mistake. The ways of HaShem are right and no evil will befall them if they fulfill this religious duty. On the contrary: if they will not want to observe the positive commandment, their sinfulness is enormously great. It is in effect everywhere , at every time.

In the time of the Hafetz Hayyim, this was already on the wane and today, it is very rare that these laws would still apply. To understand what is happening, we need a bit of history.
Judaism has never had a “will” in the sense that we use it today. One is not allowed to divide up one’s possessions except as prescribed in Jewish Law. First, if the wife survives her husband, her Ketubah was paid first from his estate. If there were sons, the sons got an even split of the estate with the firstborn son getting a double portion. For example, if there were three children, the estate would be divided into four parts with two going to the firstborn and the rest evenly divided by the other two brothers. If there were also daughters, the sons were obligated to support them until they were married, even if they were reduced to begging door to door. Daughters could inherit directly only if there were no sons. If there were no children, then the next in line were the brothers of the deceased.
What this meant was that a portion of the deceased father’s estate was not to be re-divided by the surviving brothers. And it would be as if the dead brother never existed. What the Torah asked of the eldest brother was that he marry the widow of his brother and have a child so that the child that they would bear would inherit the estate of the deceased brother. That was the plan. The deceased brother’s line would thus be preserved.
If the brother refused to marry the widow and have a child, then there was a ceremony where the widow would remove a shoe from the eldest brother’s foot and declare that he was unwilling to fulfill this mitzvah so she was free to marry whoever she wanted and the estate would be lost to whatever future children may come. It was supposed to be enough of an embarrassment for the brother to encourage him to “do his duty”. That ceremony was called, Halitztah.
That was the plan, but there was a big flaw in it. With one brother dead, the others would then re-divide their father’s estate and it could be a rather big addition to their holdings. The monetary issue was so great that who would want to marry the widow and lose all that property? Eventually Halizah became the rule, not the exception and everyone would be able to move on with their lives. The widow would be paid for her ketubah and the brother would have the estate.
In the time of the Hafetz Hayyim Halitzah was still being done. I don’t know that it happens anymore today. Since both parties gain by doing it, Rabbis assume that this is what both sides want. The laws of inheritance now follow local laws (not Jewish law) so the money is no longer an issue and there is no more tie between the family and the widow. I can not say that it is NEVER done anymore, since there are always some who may be doing it. The law remains on the books that Halizah is required (one is not allowed to opt to marry the widow) but I have never seen it done. The Rabbis also note that if someone should marry a woman who needed Halizah and it was not done, it is a valid marriage (and if it should end, it requires a get). All this is another example of how laws grow and change, not just in Conservative Judaism, but in all of Jewish Law, and that Judaism has always made accommodations when the law does not turn out quite as it was expected to turn out.