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Parshat Tazria: Blood and Blood, Law and Ritual by Rabbi Ari Kahn
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Delivered 3 Nisan 5784 / April 11, 2024 www.ouisrael.org facebook.com/ouisrael #OUisrael #torah #judaism #torahlectures #tazria #metzora #shoftim #parsha #parshathashavua
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and I'll explain some of this in a
moment have to stop and try to explain a
little bit and and then again it's it's
not necessarily other than it's the
Paran I should explain things but it's
not necessarily the time and the place
to explain all of this in great detail
but I will say the following that we had
a woman we have a woman who gives birth
and then there is this tum which we need
to Define and then we have an a
comparison which is drawn and that
is and it's similar to but the only
thing is n had not been mentioned yet in
the Torah so you're supposed to
understand the reference by something
which we have not been told yet and then
we're told that there's another 33 days
and during these days
it's so which is it is it t or is it
Tuma but it says T so what's going on
here so to try to explain this the laws
of Nida which are not referenced yet or
not clearly understood yet are actually
introduced in the Torah in two separate
independent sections which
means it's a law which has two different
elements to it one element is within the
rubric of tum and tar and I will go on
to say and then until this very day
there are repercussions that it has to
do with tuman
and on the other hand it is something
which is part of the arot which means
the list of arot it also talks about
forbidden relationships of having
relationships even people are married if
there is a situation of Nida so what we
have over here is a law that I'm not
even going to call it a hybrid because
I'm not convinced that that's the right
word it's a law which has two different
identities it is listed within the laws
of tantara which I still want to explain
I I think that the best definition of t
which one do we want you want to start
with tar Tuma I think Tuma creates a
situation that one cannot be involved in
things which are kadosh I think that
without having the word kadosh in the
sentence you can't understand the word
Tuma and now what is tar tahar is when
one can be involved so therefore if
somebody is in a state of of tum and
there are various types of Tuma that
that means that that person cannot be
involved in something which is kados
which means it's very much of a topic
it's very much in terms of the mishkan
it's very much in terms of Corban and
then you can continue Trum I mean all
kinds of it has to do with which means
that t is something which can't be
reconciled with Kus and in order to be
able to be involved in
Kusa if you again lack of a better word
Holiness then there needs to be a
situation of tahar so therefore what I'm
suggesting is the
words are relative to the mishkan
generally or if you want a more specific
term now on the other hand there's as I
already stated there is a Prohibition in
terms of even if people are married to
have relations if there's a situation of
nid and that relationship is not because
of the tum of the mishkan type that has
to do and by the way here you have K you
have kushin you have marriage but
nonetheless it's also considered to be
part of the arot now in terms of the
it's really interesting that the do
somehow I said I didn't before I don't
want to use the word hybrid that rather
it fits into two different categories
but there are going to be certain laws
which will come from one and certain
ones from the other including leniencies
which will exist and as I said before
until this very day just for for an
example
that that when it comes to to
Manar
then if if blood is seen it has to be on
something which is quote unquote called
Mel tum why because it's a question of
tum ask meel Tuma colored garments are
not not Mel Tuma so therefore the whole
situation where sometimes people would
be encouraged to wear or it happens to
be that something was Sor on something
which is
colored why that comes back from the
whole laws of mikash mish and Tara but
it spills over to the other area as well
and therefore again somebody has to be
knowledgeable in both of these and how
these work together and not everything
is clearly understandable say for
example rev will say anything which is
paper is not Mel so therefore not
everybody will necessarily agree so
therefore anything that has that that
that was seen on paper he would just say
doesn't count even if there's lots of
reasons to believe that should count
more and as I said this is not
necessarily the time and the place to
discuss this in Greater depth but that's
why this is so interesting over here
because it speaks about T from
childbirth now presumably when child
birth takes place then you're going to
have blood which will be there as well
certainly natural childbirth and that
creates a type of tum but afterwards you
have dear dear is a situation whereby
this this woman after till 40 days she
can't go to the mishkan but she can be
with her husband so therefore
the any blood there is really considered
to be from trauma and at that point and
not something which is considered to be
uterine blood or blood having to do with
Nida so therefore you have this this
interesting situation which is suggested
over here whereby the two different
aspects don't necessarily mesh
completely and they're for in terms of
relationship with a spouse it would be
permitted assuming she doesn't try to
kill you at that point and on the other
hand when it comes to the mishkan it
still would necessitate there to be
separation so I'm saying that is you
know part of what's interesting about
these uh verses and therefore you see
that there's kind I'm going to stop
right there I don't want to get ahead of
myself but it it does say towards the
end as we continue here it talks about
what needs to be done
and so on and so forth
and okay so over here and at the very
end now over here it's theen it's in the
Mish it is something which is
ritualistic it's something which is part
of VRA in terms of the distance or the
proximity that one can have toward
towards the mishan and as we've spoken
before I mean saying previous years
about this that this Corban at least
partially seems to be a Corban about
re-entry into mishkan life re-entry into
life OFA Vis the the mishan or the
Corban and so on in the following
chapter which is Source number two
and so
on
again so over here we are not
necessarily this is almost according to
all commentaries not dealing with what
is called Hansen's Disease which is
leprosy there's a lepre colony not all
that far from here those of you know the
history of Jerusalem so I know many
people before
wanted to check into
that get a little uh
downtime yeah a little
downtime but as I said that's called
Hansen's Disease and that's something
which is physical and for the most part
the rabis seem to be saying that what
we're dealing with over here is not
something which is physical but rather
something which is spiritual the most
important element that I want to point
out is that it does not say that you go
to a skin doctor right doesn't say that
you go to somebody who's an expert in
terms of this area that they have
training in terms of understanding
different things which could be on the
skin oh by the way extension or on the
house right it doesn't say that you get
somebody who knows how to deal with uh r
or all kinds of colors which may be
coming on your wall but rather it's
dealing with something which is a
spiritual phenomena and therefore it's
the cohain who's going to look at it so
over here we have two different sections
and the two different sections right and
by the way you could say oh that's T and
that's mits even though this section
about the mits is really in tazria I
mean mats has more of it we don't let go
of that so quickly but what we have over
here is the situation of the woman who
gives birth we have the situation of the
person who has Sarat as I said or the
house that has Sarat clearly I'll say it
again ritual laws I mean if I had to
divide things these are ritual laws
these are laws that have to do with
tahar mean if I were to think about the
division of the mishna these are not
laws that were go inim these are not
laws that will go even in in Mo and so
on rather these are laws have to do with
tar the these are laws of of tahar with
implications in terms of uh of Kim in
terms of dealing with corbon not as well
so and therefore if I were to think
think about the four sections of
the there's nothing again if I were to
think about the in terms ofos I
looka other right restate that if I look
at the laws of Nita then I'd be looking
at the laws of Yura because that has to
do with things which are essentially
spiritual that's for the most part youra
but again this is that was this
disconnect between this is you
Mayar and we're dealing with Tuma in
terms of the mishkan and not necessarily
in terms of the husband full stop full
stop so as I'm reading learning
reviewing thinking and and it's really a
question of listening to the words over
here that it occurred to me to explore
something which you'll claim is really
convenient because what we're going to
do is we're going to leave bya
completely not just leave tazria and Ms
or not just tazria not just mits but
we're leaving via completely and we're
going to something which depending on
who you ask may or may not be connected
but you'll see right away why it
intrigues me and that is Source number
three Source number three is
in that itself could tell you
something when something is beyond you
in terms of law so this is by the way
now if I go back a second and think
quickly oh if this is law then this
should probably be in Ezekiel and if
this is law this is this should probably
be in if you're dealing with law right
law judges and so on but then he uses
the following turn of
phrase now let's just just stop for a
second is why this would intrigue me
because we have reference to two out of
three I mean that's easy two out of
three damam I mean by the way that was
that that was the whole first discussion
the differ damam and then we have Nega
laa and that was the whole continuation
of discussion which means again I don't
have to justify why at least I want to
explore this because it first all the
sound the the the words it's the sound
of the thing secondly of course then you
want to investigate and say hold it is
there really a connection over here but
by the way if that's not good enough
let's just read the next
and and and it's over here that we have
a slight disconnect and slight confusion
on our part because it says you should
come to the and the so now which one is
it you know if it's we
started Mish is Judgment Mish is is the
legal system mishpat is the
courtroom but then what's the damam D
what's the Nega Nega what just simply
what do these words mean you know see to
a certain extent what we're really going
to have to now do is just figure out
what's just what do these words mean and
and what are they trying to tell us so
let's again pause there for a second and
then we have a second perhaps
interrelated but perhaps independent
problem what does it mean when it
says I understand to go to the and again
if that's not
enough again we focused on
the
right and and by the way those of us who
don't recognize it these are the verses
which really give the authority to the
high court so this is really about what
we would call today an our vacula
Sanhedrin this is the high court so then
what did we so what's the Dum and what's
the Nea doing over here and for that
matter what are the kohanim doing over
here because that also seems to be
disconnected and it's that language it
also is interesting the Torah which
they'll Rule and the mishpat which
they'll say and by the way I'm not I'm
not leading you in any direction right
now I'm just saying that needs to be
resolved what exact and doesn't actually
even mean that we're going to resolve it
I'm just pointing out that that needs to
be
understood and that's the famous verse
that's the that gives authority to the
rabbis in order to create rinic laws and
by the way it is possible that the
different law the different formulations
that we saw a moment ago was between
received law and that could be rulings
that could be Torah
versus when they create new laws or new
interpretations or new applications of
law so that could perhaps be a a
different
terminology which is used so we actually
have two independent interrelated
problems one what does all of this mean
on its own because it seems to be
contradictory information or contradict
the indications and on the other hand is
this somehow connected to we you know
where we started today and does one
inform the other and and essentially
what then is the relationship between
the two so that if but if we're talking
okay if this section is a section that
deals with the high CO High Court why
are we talking about
ritual what does what does the court
have to do with ritual we like to look
for Spiritual reasons but but no this is
not a legal issue that's a see that's
exactly the tension are we dealing with
issues of ritual or we dealing with
issues of law if we're dealing with
issues of of law then the place to go is
the court if we're dealing issues of
ritual so then we need to find the right
way to address ritual which very much
sounds like from we started today you go
to the cohain which means so which one
is it and then on top of that I said
this may be an interrelated issue what
do you have the Cain doing over here
which may be part of the resolution but
we still have to work things out
properly if it's a question of does this
person have Sarat what in the world does
that have to do with the
court nothing to do with the court see
you're
you're you're over extending I I'll
explain it's okay you're not the first
you're not even the first one this week
in my class to overextend I didn't even
give the same
class the
rabbis yeah but that's not a necessarily
a legal issue it's legal issue where
there's legal recourse the gumar will
tell you there's seven different reasons
for SAR but forget about SAR can we stay
with the first case of the woman who
gives birth Dam Lam what does Dam Lam
have to do with him what have to do with
the court system why why why you
bothering me I'm kidding but I'm I'm
saying no no that that's exactly I'm
saying that's exactly my question so it
just seems to be that there's counter
indications that I didn't I didn't say
contradiction counter indications over
here and we're not exactly sure first of
all is this section related I I I told
you why did I feel this is feeling we're
allowed to feel now why did I feel that
there's a connection it's because
because some of the words over here just
seem to suggest that there's a
suggestion and now what we're doing is
we're exploring it and then we figured
something out that this section even
though it's very simple right a high
court but I see I don't know how much
you know to what
extent the high court is a problem that
it doesn't exist and to what extent it
was a fear in the very early years
pre-state and also once the state was
created that the rabbis would try to
create a Sanhedrin which by the way
could solve many many issues the major
people that were against it were people
who were in the lack of a better term
I'll call them Ultra Orthodox because
they didn't want anyone to think that
such power actually existed so I I could
pick on the Kish for a moment if you
want I'll uh point you towards the a
thousand Page biography which Benny
Brown wrote on the Kish it's in Hebrew
enjoy I don't know if it was translated
and there are a couple of sections over
there which would very much show how the
Kish was fearful of it I I'll tell you
one maybe two in uh the very early 19
1940s a question arose you know some of
the background of it and that is that
you had a group of people known as the
Mir Yeshiva the Mira escaped where did
they escape from China Mir they escaped
from Mir this is like a trick question
where did the Mira escape from they
escaped from Mir okay
Mir no exactly by the way and and and
people can't get this right either where
do they go oh there's a place called Mir
yes there's a place called Mir in bellus
I think that's where it would be called
today and they escaped from me and they
ended up going a number of places and
they were in Kobe Japan and they ended
up in Shanghai and and and they weren't
the only people there I mean there was a
whole group of people but part of the
problem that came up was the question
regarding the International Date Line
which means where is the date line and
what do you do about things like Shabbat
there were a group maybe even all of
them I'm not sure how big who did have a
possibility of getting out of Japan and
coming to to America but they would have
crossed the official date line right
around yam Kipper and therefore they
decided rather than two days yam kipur
to wait of course they waited in the
next time that they were able to come
was already after December 7th and some
of you were old enough to remember what
happened on that day so therefore that
never worked out and they end up getting
stuck there for years but that that was
part of the background so different
people that were there wrote to
different rabbis just like today
everyone wrote different rabbis the Kish
was asked and other kachinski Rabbi
Herzog and others so of Herzog who was
the chief Rabbi at the time he said
let's gather all the rabbis together and
let's sit and discuss this and let's
give one answer and the and and he sent
someone to the he sent someone to the K
is to invite him as well if I'm not
mistaken and this is in a different
biography with biography of rev gorin
rev gorin was the one who was he was a
younger yiva student at the time and he
was the one who was sent to the Kish and
the Kish smiled and said absolutely not
I'm not coming I'm not joining any
because he did not want there to be some
kind of of an official body and rather
what he did is he gave a ruling he just
wrote a ruling before they had their
meeting and what ended up is like three
different rabbis gave three different
opinions and even the date line
therefore so where's the DAT line
there's no agreement the date line and
and the Kish gave a very funny ruling I
mean his dat line is a total zigzag
because he thinks that any land mass
should be included so therefore he has
to bend it around land land masses and
others did not necessarily agree with
that and others didn't agree we the date
line should be and don't worry only
roughly 25% of the world is under uh a
mlo regarding which day it is so but
it's only 25% the other 75% were pretty
good but 25% of the world people don't
agree and and by the way just in case
you say well why don't we just follow
the International Date Line well maybe
we should but that also works with a
certain assumption and that is that
grenwich England is the center of the
world now I don't know where the date
line is but I know that gr England is
not the center of the world but but
maybe there's no such thing maybe it's
completely artificial I and just in case
you want to actually think about this a
little bit more then look up about Samoa
not sure Samoa Western Samoa they
they've uh they've moved the DAT line
over the years which means they they
were on one side they were the last
country they actually celebrated July
4th twice one year in the 1800s and then
they decided they didn't want to be the
very end of the world they wanted to be
the beginning of the world and they
shifted and they they moved they moved a
couple years ago so therefore in case
you think the whole thing is real and
there's also a wonderful story from
Edgar Allen po called three Sundays in a
week so you can read that as well if you
want great insight and that was before
there was a dayline let me me get back
to the point and by the way the another
point when the chief rabet after the
Holocaust said let's make a day to
commemorate the Holocaust he said he
said no who are we to make such days but
it came back to issues of authority
because once we start think we have
authority then who knows what we can do
with the authority and there's a lot of
good things we do with the authority as
well but then we're trusting a group
that a lot of people don't necess trust
today and that's the chief rapnet and
I'll just give muster to our entire
Community everybody extended is that we
have not invested in training people to
become rabbis judges diim and rabbis of
cities and so on and then we complain of
the situation but we've completely
abandoned it instead of T sending our
children to medical school and
accountants and dental school and
whatever else it is that we became so
you can't have it both ways either we
have to invest and raise our children to
be able to take these positions or uh be
quiet silence okay let's
continue so this section has to do with
the high court but again we're not
really sure what to do with it the
ramban says and this is a longer ramban
this is not the whole thing I hope you
realize I should have put three dots
before it's the middle of a
sentence which means essentially he's
saying that this whole section is only
dealing with legal
issues and the yeah that has to beot now
this is wonderful what the ran just now
did he solved all of our problems D the
down doesn't really mean what you
thought it meant and remember I said
that you know I'm hearing these words
I'm saying hold it this is pretty
similar to what we're up to in uh in
tazara and he's saying no don't do that
right the B saying stop don't do that
this is all legal how do I know it's
legal this is legal section this is
dealing with the courts so if it's
dealing with the courts then by
definition all the terms which are used
here are dealing with legal issues and
therefore what we're dealing with
are damages which may come from murder
stealing with dealing with uh with
wounds and so on and such things
right okay we'll leave that and
continue There is a gor in Sanhedrin
which takes these
words exactly which means the gor did
what I said that that's what it sounds
like yeah different types of of dam
which could exist which could have
different
laws which is interesting because now we
just went to the legal system
right right which means we just now went
back to Ritual so now make up your mind
and then things which come out of
verbalization which by the way are
wonderful because that's also back in
VRA again those those kinds of things
where you make vows and therefore create
Holiness
re which by the way is
ritual
now again I'm just going to pause here
one second we'll read a little
more that those last couple words Mak is
something we're going have to come back
to but this Kamar San hedd had no
problem interpreting these words against
the ramban I mean you realize that's a
little funny what I'm saying the ramban
is saying let's read the the words in
cont context it is about the court
therefore everything has to be fit into
somehow a legal or a court
considerations and the gamar is saying
well know what do these words mean and
therefore it's taking it out of the
legal and over to the ritual and if
we'll be honest most of what the gamorra
just now said was actually ritual which
is which is pretty
interesting there me here in Source six
which I want to come back to now what
was the other problem what are the again
we're going to go back to that section
with the court system we also had a
kohanim and Aim so what are they doing
there make up your mind if it's a court
system then it's court system soash
says by the way I am I am Source number
seven the bound of the page I I hope and
of course I mean it's a little actually
hard to understand what elsid could have
been the izra izra is by the way
difficult he writes a source number
eight
Kashi which is wonderful because he
doesn't tell you
where I actually had to look at various
additions of the Ian Ezra until I was
able to find out what he was referring
to and uh just to give credit where
creditors do I ended up finding by
looking in alhat Torah where they had
where and not in the Hebrew in the
Hebrew it had a footnote and it took me
to someplace else the English edition
English translation had a better
footnote that took me to the correct
place which we'll see in a second in
Source number nine it this is right
before so you'll be a country a whole
nation of here the
writes that means somebody who serves
doesn't mean that you are a cohain it
means somebody who serves so therefore
it could have used the term
by the way it's a little
strange mean somebody who who serves by
the way the rash goes in the same
direction in
11 they served these are people who are
in public
service Source
now that already is much more
interesting because it saying that
there's some kind of an interconnection
between those who deal with rituals and
those who deal with legal issues and
remember we saw in the gar say no it's a
special Court which court is it it's the
high court what is what's the high court
why is it special or what even creates
the high court the high court only
functions when it's adjacent to where
the ritual is being done which means
instead of there being these two
absolutely independent parts of Judaism
there needs to be something a little bit
more connected and that seems to be the
way that he's reading the verses we'll
continue but don't ignore this because
we're going to come back Rashi going
maybe we could have or should have
started with
Rashi which means when you don't know
something we don't know something it's
hidden from you it it um
there's something which has escaped you
you don't know the
law so now Rashi again Rashi unlike the
ran who try to push everything rashi's
yeah the
ritual
legal ritual so again this is really
interesting because you see Rashi is
reading it the way that again that I had
heard it right away the
now you realize that the who we saw
before it's not so far from what Rashi
was telling us but you also realize that
Rashi took that line straight from the
gar and Rashi is reading the gamar that
we saw before right into the text over
here and it was really The ramban Who
saying yeah the gar is nice but that's
not it can't Bea because what in the
world are we doing is this a legal
system or a ritual system the rashba
and now you'll realize that the ran that
we saw before it's coming from the same
kind of a
tradition how much blood do you have on
your hands
bam right do you have blood on your
hands or not that that's the way that
he's reading it I I'll read it again
yeah so how much blood Mish right how
much blood do you have on your hands is
it something that was done deliberately
or something which was done
accident so it's interesting because the
go you know tries to take it away up
from the ritual but he can't because the
word Nega was a little bit
uh you can't you're stuck iben Ezra and
by the way very often if you don't know
this the ibben Ezra will follow the
rashbam
if you didn't know it he was very
influenced by
the we'll skip a
little and same thing you know this
is something which is
legal so he just now went further than
the rashbam did so what's Nega Vana it
has to do when you were struck so it has
to do with p of fighting one hits the
other one one has a wound the other one
has a wound and now the judge has to get
involved and pay damages so essentially
what the izra just now succeeded in
doing is completely taking this out of
any issue of ritual and taking it
straight into the legal system the B
also from the again this war follow
the and you realize what he did he's
influenced by Rashi influenced by the
gumar as well B the
you know straight off back to the ritual
again and essentially what he's doing
here he's just really following the Gar
so there's nothing else which is
extraordinary over
here in s 17 and we're going to see soon
where this is coming
from
so he's reading the verse that there's a
preference in any Court to have people
who are it's a preference or it's a
preference is it
absolutely does it if you don't have it
does it yeah it still counts but it's a
preference so when it said again I just
want to go back and read that verse one
more time when it says
so the preference is in the court is to
have coim but if not then you can still
have a Chau fate and those were not
necessarily two different Realms and
again he's taking everything into the
realm of the legal and away from the
ritual Source 18 is a book called The
rid being that you may not have heard of
it I gave you a little biography and
that
is born around
1730 during the time of the villain
Theon he was among the most prominent in
VNA and a tet of the G own from the year
1766 he served as one of the leading
judges on the rabina court of vilna so
uh but by the way I I always question
when they say oh this person's a student
of the vnon I question how much anyone
was a student of the Von we have no
records of him ever having AA of ever
teaching of ever the villon SAT and
learned by himself and every now and
then people would listen every now and
then there were people who would consult
and he would talk the great student ran
I believe he only met with him once or
twice a year and came with a whole list
of of questions and then got his answers
so I don't know how much anybody ever
really learned with him the vagon was uh
was the first official Colo student and
he was supported he had a family
Foundation that was supporting him for
one of his ancestors had left money for
him and uh and he never had an official
position he was not the rabbi he was not
the Diane he was not the Riva he he sat
and and he learned but this is somebody
who apparently had some kind of
relationship with the fil Mone and let's
take a look at what he says one is he
says we'll start the
first look
at so let's I told you that we skipped
that so I want to now come back to that
which was in Source number
six this is a mishna it starts with a
mishna in
and it says that there are different
colors now again this is not the right
time and place and I'm not going into
this more than necessary right now but
there is a certain training to be able
to know what types of uh of colors
or or I would say or considered to be n
and and which are not and the mission
tells you that there are
different the then continues again this
is how do you know that there is some
shades of which are considered to be
tame again you want me to say impure
that create a situation of what we would
call
impur which means that again by the way
completely ritual without any question
and it's saying know there are different
types of uh of d by the way who was the
greatest Authority on such issues in the
last 100
years yeah I know you don't know it's
okay it's not your fault
what it's not even a trick question no
just someone you never heard
of have the answer it makes it makes it
somewhat challenging no but but on
occasion I've you know tell people that
are training and they've learned and and
they and they rule in such areas and
I'll ask them you know which missor do
you have like what and and and by the
way right then they have a little bit of
difficulty so if you look at the very
bottom of page four and I can actually
hold up a picture the you don't have
this this is a picture of the
fellow looks like an orthodox
Drew in the very B of page four you see
there somebody whose name and you will
now admit that you never heard of him
Rabbi shiman Aon panse known as theer of
never theer so you never heard of him
right you never heard of him who was a
great poek in Russia and then Jerusalem
we also served the rabbi the B Israel
neighborhood and he was revered by all
the greats of the generation for his
knowledge of story genius and Torah it
is known that Frank would not rule on
serious question receiving his opinion
and of cook stated he was the number one
scholar in Jerusalem he was known as a
great exper in the laws of Nida and his
M and rulings in the laws of tamim marot
have influenced many generations of
field most of the rabbis of Jerusalem
and some of the greatest orbiters
meaning pokim in recent Generations
studied under him
including
ferner yose and others all of those
people how never heard because you heard
of all of those guys you never heard of
him all of them have the M which is
known the M of
theer so I have this M from two
different of the students of of his and
that is the gold standard in terms of
being able to decide on such on such
laws and yeah you can pick on your
daughter-in-law now and ask if she's
ever heard of the tapa I'm going to call
her up tell her to listen to
your and and no but it's fascinating
that all of these people considered
theer to be the the again R cook said he
was the biggest I think the the term of
cook actually used was the biggest lomon
in AR Israel but he was the most
important PO he wouldn't take a job from
the raban because the a guys in the a
kind of leveraged him he was the ra of B
Israel one of the little kids who grew
up in be Israel all the time was a
little kid named aadi
y who calls him who called I have the
exact term over here he calls him alofi
the champion of my youth that's what he
calls the taper so again it's it's it's
very
interesting there's actually a story if
you go looking for you'll find the Radia
he gives him credit theer for the fact
that he actually stayed in Yeshiva and
uh and became a rabbi but but that's
aside from the fact that that all of the
great rabbis who wanted to become pokim
they all sat with him and they learned
with him and they watched how he would
Rule and they received his misora and
they followed him and that's the funny
thing so you here you have a little poor
immigrant rabbi right that that that's
what he was and but all the great rabbis
knew that this is the this is the person
that you need to learn with so therefore
that's the reason why I had to stress
this today because nobody's ever heard
of him so at least a couple of you now
will ever heard of him and some of you
even now have seen the the picture
good let's continue because the usami
was interesting because the usami
actually is using our verse to tell you
that there is Dam tame and Tam tahar
that there's two different that there
there is required a ruling but that
ruling is ritual and that is well let's
let's stay with that a second because
it's not as simple as I'm saying it
let's continue because that today you
know you don't need a cohain you for
that cohain needs the rest of the
process but who actually gives can give
the ruling on that but let's continue
but so he quotes thei we're still we're
still
with the vnon perhaps student right the
rav and and so he quotes through Shi and
he also then continues and
says right
par right again he's
going so so again he's saying that these
are this is not dealing with the way
that some people wanted to argue that
they're dealing with actually killing
and so and so forth no go
thisa and therefore it very much you
have the
ritual over here inter disperse together
with the legal and as I said that's
interesting and the only thing
disappointed is that we have to wait
till him to get this reference to take a
look over
there so that is really
interesting that this connection between
the is much sharper than we thought I'll
explain more in a moment in Source 19 if
we already quoted somebody who was
perhaps a student of the Von so why not
just quote
the so that's in ver
19 right so again he something that
we've already seen it is preferable
there is a Mitzvah that on that on the
court there needs to be calling him and
L as well so now let's try to understand
when he told us again their as have told
us to take a look in the gamarra so I I
I know why people can miss this gamarra
because it's like the middle of a story
which was like a really unfortunate
incident and
20 it says
IM there was once a story of a woman who
was about Cohen gives you her name and
it says that she had done something
which was theoretically punishable
and this Rabbi goes and he executes her
by the way this is all completely
bizarre where's the court where's
everything else and this is in the
middle
of you were only mistaken about two
things one is the way that you killed
her which means capital
Capital cases can only exist when there
are kohanim when the BET mikdash exists
now by the way this is all really
interesting because we do know some
other interconnections between them like
for example somebody kig they go running
off to an A M clad it's until the coing
gal dies okay what if there's no coing
gal anymore meaning what ha these
different systems have some kind of
inter relationship it's as if you need
the BET mikdash and the K and that whole
world of
which is created by having the BET
mikdash and then only then can you have
the legal system giving out its legal
punishments as well so he's saying to
this guy guy this Rabbi who gave this
punishment to this B Cohen he goes you
go you killed to the wrong way and and
what are you talking about killing
people you can't go killing people this
is like completely you know malpractice
in the worst possible way the rambam in
Source 21 in Hil sanedrin right
so the r goes down and rules yeah that's
what this means this P by saying is not
telling you about some kind of
interation between ritual and spir
ritual and legal or judicial he say no
the judicial system needs to have the
Coen name as well then the r
inour 22 he says
you can only have Capital cases when the
mdash
exists so it's interesting whatever the
RAB means
by generally that means that it's t and
not a t but it's interesting because was
claiming that that's actually t
I'm not getting into that more than I
just now did but the RAM is
understanding that
references you cannot have a unless you
have which means these two systems need
to I'm not going to even say balance one
another they need to coexist if they
don't coexist you can't have one without
the other and and that's really finally
going to take us to rers because I think
rers really is the one who's going to
articulate this now just as a general
comment rers is great in V rers is great
when it comes to Corban rers is great in
schot when it comes to the whole
symbolism involving the mishan and theim
and so on which means you know said the
same things we wouldn't take it as
seriously but when her says it so you
know he's a EO so people take it far
more uh far more seriously but he's very
very good when it comes to interpreting
symbolism and listen to the way that he
described this process again he's here
in it is the existence of the Das which
gives the authority to the Sanhedrin to
be able to exist
and their hands were placed the
traditions and the ability to pass over
the accepted teachings of the
Torah and they were all forgiven the
abilities of interpreting making
applications in order to make sure that
the things is going to be relevant
and again that goes back to the
authority of the high
court again and and that's part of our
problem that we've have these two
different Realms you know which one is
this is dealing with rituals dealing
with legal
decisions and rash did all this based
upon the gar reverse quotes
now look at the way that he now moves
over and he conceptualizes it these
three
Realms where we can have doubts as far
as what to
do so now he just now took Dam to issues
of of I'm going to call it ritual for
the for the moment but it's it's is in
the sense of what's allowed and what's
not allowed which for our world is
actually much more Ura than anything
else which is which is really in our
world to
so this becomes the laws which are again
to a very great extent don't exist
today we'll continue the next
paragraph already mentioned in the last
paragraph the connection between the
existence of the sanedrin and the
BET one of the elements of this
connection is the fact that we need
kohanim to be on the batin as
well because both of them serve let's
look at the words carefully they have
the same
agenda the same truth
truths the the authoritative text of Tor
of the Torah is there in the BET mikdash
under the watchful eye of the they are
the Protectors
of and there therefore was placed near
by
the and the San are the ones with the
authority that they're the ones who then
pass on the toru now that is such an
interesting way of looking at this
interconnection inter dependence by
saying these are the people who are in
charge of and these are the people who
are in charge of the
T and it
says right the comes to he has no more
Authority than anybody else does I I
actually you know want to pause here in
a moment just I just want to check if
there anything else I really want to see
over here the I want to read to you
really in you don't have this in front
of you I want to read to you a really
interesting which the ram States and
this is in
h so of course you realize that that's
where we have to be looking today
in
so he writes as follows this
is even though every anybody could
observe and look question is what that
means look at the at the Nim the
statement that something is T or the
statement that something is to her is
completely dependent exclusively upon
the Kain Kates and again and he's about
to tell you something which I think
really needs to be processed and
understood but this is actually the
issue Kate side how
so a Coen who has no idea doesn't
understand the rules
right and it goes on and and then and
then once the co says this and so on
which up to the coin has to say it
which means he's saying is that this is
total ritual given in the hands of the
cohain the same way that only a Cohen
could you know could do certain things
in the BET mikdash again how I don't I
don't know a better way of expressing
this of saying look how much this is
ritual that even the co doesn't
understand doesn't know doesn't right he
needs meing to go back to this
interdependence he needs the who has the
M who knows the
who's standing you know right adjacent
to him because he's the one who's in the
Sanhedrin and he comes over and he
teaches him but it's the coen's mouth he
has to come and say that it is okay or
it is not okay why because this is this
is ritual but the knowledge is is coming
from over here but the but the could be
the greatest in the world but he can't
do it without the Kain and then it's
stressed even with a Kain even a Katan
no but he's still a Kain so that again
that's really interesting because it's
not a question of knowledge therefore he
said even a it's not a question of
knowledge it's a question is is that
this is aain and the Kain has the job
and only the Kain could do
it and even thinks he knows he has to
sit and learn he has to learn the M he
learns it from the from his teacher and
then he's able to do this so it's it's
fascinating again this point of this
interdependence I I just want to you
know kind of uh make sure that we
understand what the the takeaway is over
here you know in in Judaism we have a
judicial system and the judicial system
is one that has to keep the peace it has
to create a community and create by
extension a society and they're the ones
who are going to rule on all kinds of
laws which again you need laws sometimes
in order to create a society which is
lives in peace it is really interesting
that instead of saying well no we got
the religious things and that's in the
sh and that's in the beta mikash and
that's all like ritual things and then
we have the other things which are the
practical legal considerations no they
they need to be in the same place not
only they need to be in the same place
it is preferable to have some of those
people who are who are the kohanim leim
have them in the Sedin as well but then
on the other hand the people in
Sanhedrin they're going to need to teach
the people who are the coim in order to
be able to get the right answers the
right understanding at times because
there really is this interesting
interrelationship between the two so
therefore even that formulation that
maybe initially we thought was somewhat
jarring because
hold so it sounds like almost like
doesn't make sense because that sentence
doesn't make sense because we're here we
have ritual here we have legal and here
we we have ritual again how does this
even work and and then the the how does
this work and the answer is yes the
answer is yes that's exactly the point
which means don't think that sa is off
by itself don't think that all these
laws have nothing no even even the Coen
who's giving these rulings he's still
going to need the in order to be able to
receive the tradition and know to how to
give those rulings and these things are
ultimately far more interconnected the r
her's point about that the colon are the
one at least symbolically who protect
the Torah sh was really interesting in
terms of that's where the Torah is the
authoritative Torah but it's the San
hedrin are the ones who are protecting
the Torah shal and they're the ones who
are keeping it alive by making
applications but but are we ever going
to divorce between to to of course we
can't of course that these things are
interrelated and therefore it becomes
all all all the more interesting but we
saw along the way those who wanted
insist no this is this whole section is
a legal section and they try to force
all of the words no dam ladan is you
know killing on purpose killing by
accident right Nega Nea no that that
that that that's about hurting somebody
that that that's you know you hit
somebody you cause damage on on their
person and those who said no this is VRA
coming alive and and it's right here
inim and the legal section because
ultimately they you can't have full
Authority really at all I mean again I'm
not sure how much I'm stressing this you
according to many there is no Sanhedrin
unless there is a b to mikdash there is
no Sedin unless it's sat in the right
place and therefore the fear that some
people oh they'll make a new sun hedrin
no they really can't make a new Sun
hedrin it does not have that Authority
in maybe that also what they were not
convinced that other people would listen
but they you can't have a Sanhedrin
unless that you know there's something
else sitting adjacent on the Temple
mount the two of those things need to
come together you need there to be that
balance and you can't have one without
the other and and I I'll say this again
because I say it all the time I think
there are many people when you know
Tisha rolls around they say listen I
don't really connect that much to the to
the beta mikdash the Corban not I really
don't know even know what that world is
to miss it but we very much be missing
the legal system we very much be list
you know living anytime that you're
going to hear somebody say well you know
is that koser not well he thinks it's
Kure but he doesn't think it's Kure you
know they use the Arab they don't use
the Arab this MK is okay no it's not
okay anytime you hear these kinds of
arguments realize that if we had a bet
angad those arguments wouldn't exist
because the bet angad would give the
ruling and that ruling is the bottom
line and therefore when you think about
the bet mikdash is destroyed because of
some of the sinam is all of these
arguments that take place and then you
realize but if we had this we'd have
less but the problem is destroyed it and
now you see how much these things are
interrelated