web analytics
August 23, 2014 / 27 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
InDepth
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Home » InDepth » Op-Eds »

Leprosy: Stringency and Leniency

timeless torah

The Torah introduces the code of law that the Priest was to use in order to determine the ritual status of objects stricken with Leprosy, “to pronounce it pure, or to pronounce it impure” (Lev. 13:59).

Invariably, cases would have arisen where the straight-forward reading of the Code of Law would have left doubt whether “to pronounce it pure, or to pronounce it impure.” How was the Priest to deal with cases of uncertainty? How did God expect us to deal with uncertainty in the laws of the Torah itself?

This central and critical question, as one can imagine was already a matter of dispute among the Sages. The [Jerusalem] Talmud of Eretz Yisrael teaches:

“Rabbi Eliezer said: Just as it is prohibited to pronounce pure that which is impure so too it is prohibited to pronounce impure that which is pure.” (Terumoth 5:3, 30b)

The Law is not merely a societal fail-safe, but a sacred and Divine prescription. Permitting the prohibited as well as prohibiting the permissible carries with it an inherent violation. According to Rabbi Eliezer, when one is in doubt about the law one must always weigh the risk of permitting the prohibited and prohibiting the permissible.

Other Sages took a different stance. The [Jerusalem] Talmud of Eretz Yisrael teaches us further:

“Rabbi Aba the son of Yaakov in the name of R. Yochanan said: If a law about [the purity/impurity of Terumah] comes before you and you do not know whether to suspend (i.e. weight until it is definitely impure) or to burn [Terumah] always pursue burning over suspending for there is nothing (i.e. offering) in the Torah more beloved [to God] than ‘bulls that are burned’ and ‘he-goats that are burned.’ And they in fact are burned!”

The “bulls and he-goats that are burned” refer to the exceptional offerings whose blood was sprinkled inside of the Temple as opposed to other sacrifices whose blood was sprinkled in the courtyard outside of the Temple. The meat of these special offerings as beloved and desirable to God as it may have been, was nevertheless burned, and by God’s own order!

According to Rabbi Yaakov bar Aha, the Torah itself reveals its mind on how cases of uncertainty should be handled. The example of bulls and goats shows us that destroying that which is sacred may not only permissible, but even desirable to God. Accordingly, Terumah whose purity/impurity is undetermined should be burned dispite the risk of burning pure Terumah rather than first waiting until it becomes definitely impure and permissible to burn.

By analogy, in cases of doubt, “destroying” or violating a sacred law by not weighing the risk of prohibitting the permissible should be normative procedure.

Rabbi Eliezer and Rabbi Aba the son of Yaakov’ point of dissent is whether in cases of doubt, one must consider the risk of prohibiting the permissible or may automatically rule stringently.

In its closing passage, the Talmud of Eretz Yisrael teaches:

Rabbi Yose asked: Can we derive something whose performance is not in this manner (by burning) from something whose performance is in this manner?

Burning the flesh of the offerings is part of their ritual prescription as opposed to burning Terumah which is done only when it is impure. Rabbi Yossi argues against Rabbi Aba the son of Yaakov and in favor of Rabbi Eliezer that one may not make any deductions from sacrifices.

The Talmud of Eretz Yisrael, which closes with this argument and does not come to the defense of Rabbi Aba the son of Yaakov would seem to be making its ruling.

About the Author: Michael Linetsky is the director of the Torat Eretz Yisrael Institute whose mission is to bring to the broader audience the teachings of the Land of Israel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

2 Responses to “Leprosy: Stringency and Leniency”

  1. Jim Little says:

    Most nominal so called Christian preachers don’t and won’t understand this.Can’t teach what you don’t understand.A lot of the Jewish orders apply to gentiles also but tradition strangles them

  2. Jim Little says:

    Most nominal so called Christian preachers don’t and won’t understand this.Can’t teach what you don’t understand.A lot of the Jewish orders apply to gentiles also but tradition strangles them

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
4 yr old Israeli Daniel Tregerman, murdered by Hamas rocket on Aug. 22, 2014.
IDF: Israeli Toddler Murdered by Rocket Fired Near UNRWA School/Shelter
Latest Indepth Stories
Charles Krauthammer

Wye would be seen to have set the groundwork for the creation of a Palestinian state

David_Grossman

Blaming Israel for the violence in Gaza, he ends up justifying Hamas’s terrorism.

488px-WielkaSynagoga3_Lodz

In the Thirties it was common for anti-Semites to call on Jews to “go to Palestine!”

Netanyahu-Obama-030212

Obama never hid his contempt for the Israeli government or the majority of Israel’s voters.

“This arbitrary ban is an ugly stain on our democracy, and it also undermines the rule of law.”

We take US “aid” for psychological reasons-if we have an allowance, that means we have a father.

ZIM Piraeus isn’t Israeli-owned or flagged, incidentally, it is Greek operated.

Foolish me, thinking the goals were the destruction of Hamas thereby giving peace a real chance.

The free-spirted lifestyle didn’t hold your interest; the needs of your people did.

And why would the U.S. align itself on these issues with Turkey and Qatar, longtime advocates of Hamas’s interests?

Several years ago the city concluded that the metzitzah b’peh procedure created unacceptable risks for newborns in terms of the transmission of neo-natal herpes through contact with a mohel carrying the herpes virus.

The world wars caused unimaginable anguish for the Jews but God also scripted a great glory for our people.

We were quite disappointed with many of the points the secretary-general offered in response.

Judging by history, every time Hamas rebuilds their infrastructure, they are stronger than before.

His father asked him to read Psalms from the Book of Tehilim every day.

More Articles from Michael Linetsky
rabbinic dreams

The unity of the Jewish People and their tolerance for each other is of cosmic import.

High Priest

God judges the Jewish People as a National Entity.

The Law is not merely a societal fail-safe, but a sacred and Divine prescription.

The meaning of “God’s watch” here is not entirely clear.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/opinions/leprosy-stringency-and-leniency/2014/03/25/

Scan this QR code to visit this page online: