Emor - Halakha and Prophecy (Yechezkel 44:15-31)

 

1. I. The Length of the Haftora

 

     The halakha requires that the haftora contain at least twenty-one verses, equivalent to the minimum number of verses required for the Torah reading on Shabbat (three verses in each of the seven aliyot - Rambam Tefila 12:13, Shulkhan Arukh O.C. 284:1).

 

     We must therefore understand why a haftora of only seventeen verses was instituted for Parashat Emor.  True, the authorities say that we may read fewer than twenty-one verses if the unit selected constitutes an independent unit.  In our case, however, the haftora could have very well begun in the previous section (Yechezkel 44:9-14), which essentially begins the portion selected for the haftora.  Beginning there would have rendered the selection a complete, independent unit, and would have also satisfied the requirement for a minimum of twenty-one verses.

 

     It may be that the previous section was intentionally omitted since it mentions Benei Yisrael's involvement in idolatry, specifically among one segment from the tribe of Levi.  That group was consequently rejected from serving in the Mikdash along with the rest of the tribe.  Whereas our parasha deals with the sacred people (kohanim) and the sacred periods of time (Shabbat and festivals), it would have been somewhat inappropriate to open the haftora by recounting our shameful past.

 

1. II. Practical Halakha 

 

     The opening phrase of the parasha - "Say to the kohanim" - accurately captures the essence of the parasha.  If Sefer Vayikra is the "Torah of the Kohanim," then the focal point of this Torah is Parashat Emor.  However, in a time when the Mikdash lies in ruins and sacrifices are not offered, there appears to be no practical application to many of the laws in our parasha.

 

     Yechezkel's prophecy, which grants a practical dimension to these issues and revives, as it were, these halakhot, thus serves to call our attention to the laws of the kohanim, even during times when they did not actually officiate in the Mikdash.

 

1. III. "New Halakhot"

 

     A detailed look at the halakhot presented by Yechezkel reveals several differences between the laws in the Torah and their corresponding guidelines in the prophecy.  Chazal laud the individual who committed himself to reaching a resolution to these contradictions: "Rav Yehuda said in the name of Rav, that man named Chanina Ben Chizkiya is to remembered favorably.  For were it not for him Sefer Yechezkel would have had to been buried, since his words contradicted the words of the Torah.  What did he do… He sat in an attic and expounded it" (Menachot 45b).

 

     One contradiction to which the Gemara refers relates to the final verse in our haftora.  There the prophet mentions that the kohanim are forbidden to eat meat of a "neveila" (carcass that was not properly slaughtered) and "tereifa" (an animal that suffered from a terminal illness at the time it was slaughtered).  The implication, of course, is that the rest of Benei Yisrael may eat this meat, which obviously contradicts the Torah's general ban on the consumption of such meat.  The Gemara cites Rabbi Yochanan's remark that only Eliyahu will resolve this problem.  Ravina, however, attempts a resolution.  In truth, the entire nation may not partake of a "neveila" or "tereifa."  However, a specific warning was required for the kohanim, since they may have thought to allow themselves the right to eat this meat.  After all, certain sacrificial birds in the Mikdash are killed through "melika," the severing of the back of the neck with a finger, rather than the standard slaughtering procedure.  Under normal circumstances, such poultry would be considered a "neveila" and forbidden.  Yet, the kohanim may eat sacrificial meat from bird-offerings requiring "melika."  This special allowance may have indicated to the kohanim a blanket license to partake of all meat, even from a "neveila" or "tereifa."  

 

     In any event, the fact that resolutions have been offered presents us with the challenge of studying these contradictions and raising possible answers. 

 

1. IV. Halakha and Prophecy

 

     In light of the halakhic discussion in this prophecy, we must question the prophet's charge to the kohanim that they must serve as halakhic decisors: "They shall declare to my people what is sacred and what is profane, and inform them what is clean and what is unclean.  In lawsuits, too, it is they who shall act as judges; they shall decide them in accordance with My rules" (44:23-24).  Given that the responsibility of halakhic and judicial decision-making rested specifically on the shoulders of the kohanim, the prophet's discussion of the rules relevant to the kohanim is surprising.  This issue lies beyond our scope, but we refer the reader to Rambam, Hilkhot Yesodei HaTorah 9:1 and introduction to his commentary on the Mishna, and the Ramban's "hasagot" to Rambam's Sefer Hamitzvot, shoresh 2.

 

     We may perhaps speculate that Yechezkel wrote what he did not only through his prophetic powers, but also through his wisdom and experience as a kohen.  In any event, this verse teaches us about the additional task of the kohanim.  They are charged not only with overseeing and conducting the service in the Temple, but also to decide Jewish law.

 

     Yechezkel further notes that the kohanim are responsible for the maintaining observance of Shabbat and Yamim Tovim: "They shall preserve My teachings and My laws regarding all My fixed occasions; and they shall maintain the sanctity of My Shabbatot."  Herein may lie another connection between the haftora and our parasha, which speaks of the mitzvot relating to Shabbat and festivals.

 

1. V. Ongoing Selection

 

     Yet another message emerges from the prophecy, as well.  Although one might get the impression that the designation of the kohanim is absolute, and their conduct yields no impact in this regard, in truth, the prophecy teaches, they can be driven from the sacred service in the Mikdash.  Alternatively, they can earn a more privileged status within the ranks of kohanim.  Yechezkel declares, "The levitical kohanim from Tzadok, who maintained the service of My Sanctuary when the people of Israel went astray from Me - they shall approach Me to minister to Me; they shall stand before Me" (44:15).   Apparently, while these kohanim received a promotion of sorts, other kohanim were dismissed.  Indeed, the kohanim always stand trial for their devotion, just as their ancestors did in the wilderness.

 

     Among the proposed solutions for the discrepancy between the Torah and Yechezkel regarding the laws applying to the kohanim is posed by the Radak.  He suggests that no halakha will change, Heaven forbid, but rather the level of the kohanim will rise.  As they approach the spiritual stature of the kohen gadol, the restrictions legislated upon them by halakha become more demanding.  This demonstrates that the hope for the reinstating of our past glory does not end there, at the point where we once were.  Rather, our hopes aspire for even further greatness, to continue elevating ourselves to greater levels of sanctity.

 

 

(Translated by David Silverberg)