On Uprooted Laws, or Uprooted Verses

Opening post by the rabbi

On Uprooted Laws, or Uprooted Verses

Posted on 11/5/2007

In Parashat Bamidbar there is a prohibition against touching the sacred vessels (Numbers 4:15):

When Aaron and his sons have finished covering the Sanctuary and all the sacred vessels, as the camp sets out, then the sons of Kohath shall come to carry them; but they shall not touch the sacred things, lest they die. These are the burden of the sons of Kohath in the Tent of Meeting.

Ibn Ezra, in his commentary on the later verse, “and they shall not come to see the sacred object as it is being covered” (Numbers 4:20), states:

“And they shall not come”—the Kohathites are not to enter the Tent of Meeting to see the sacred object as it is being enveloped. The meaning is that when its structure is removed, the curtain-veil is removed and the ark is exposed. Some say that “as it is being enveloped” means “as it is being covered”; that is, when they cover the ark in order to carry it. This interpretation is close to the first. Thus there are two warnings: that they not touch the sacred object, for it is to be carried only by the poles, and that they not see the sacred object.

That is, there is a prohibition against touching the sacred vessels. Ramban says the same here in his name.

Thus the Levites are warned not to touch the holy ark, on pain of death; rather, they are to carry it only by the poles.

If so, this prohibition is explicit in Scripture. The verse also specifies the punishment imposed on those who violate this prohibition. Yet although Ibn Ezra and Ramban do indeed treat this as a prohibition, we do not find this prohibition in the Sages or in the halakhic authorities.

In fact, we even find an explicit statement that denies any prohibition of touching. Rambam, in Sefer HaMitzvot, negative commandment 72, cites a warning against the Levites engaging in the tasks of the priests, and vice versa. In that context he brings the following midrash from Sifrei Zuta:

And in the Mekhilta (Sifrei Zuta in Yalkut and Midrash HaGadol): “They shall not approach the sacred vessels or the altar”—I might think that if they touched them they would be liable. Scripture therefore says “but”: they are liable only for service, and not for touching.

If so, touching does not incur punishment. This is of course in direct contradiction to the verse, which says “lest they die.” Still, one might have thought that although there is no punishment, there is nevertheless a prohibition. Here Rambam, in Hilkhot Klei HaMikdash 3:9, writes:

…And all the Levites are warned with regard to the service of the altar, as it is said: “But they shall not approach the sacred vessels or the altar, lest they die.” They may not approach for service, but touching is permitted.

If so, it is explained here that touching is entirely permitted. It turns out that according to Rambam we uproot the verse completely from its plain meaning: the verse contains a warning and a punishment for touching, whereas in halakhah we rule that there is neither a warning nor a punishment.

How can it be that halakhah completely uproots explicit verses? Note well: this is not a matter of midrashic interpretation (such as “an eye for an eye” meaning monetary compensation), but of omitting an explicit prohibition in the Torah.

Admittedly, Rambam cites a midrash that does this, but the question now concerns the midrash itself.

This reminds me of the prohibition concerning one’s son’s Sabbath rest, which is explicit in the verse (“so that … your son may rest”) but omitted by the Sages and by all the halakhic authorities (except for Rashba at the beginning of chapter Mi Shehekhshikh, and Magen Avraham in several places).

My questions:

What other examples do we have in which halakhah completely uproots Scripture? Again, not examples of midrashic interpretation against the plain sense (“halakhah that overrides Scripture”), but the removal of a verse outright, full stop.

How is this possible? In the end, what is the meaning of the verse?

I would also be glad for sources that address these questions.

Source (the forum “Stop Here and Think”): http://www.bhol.co.il/forums/topic.asp?topic_id=2204252