The gift of the land and the Priests in its war

The Parasha in our everyday life - Parshat Emor 5782

Rabbi Eliezer Shenvald - Rosh Yeshivat Hesder 'Meir Harel' Modi'in

The period of time between Pesach and Atzeret includes special days to commemorate events from the distant and more recent past: Holocaust Remembrance Day, Memorial Day for the Fallen Soldiers of the Wars of Israel, and Victims of Actions of Terrorism, Independence Day, Lag B'Omer and Jerusalem Day.

Holocaust Remembrance Day sharpens for us the memory of our lowliness in exile, under the authority of the Gentiles. And the dependence on them and their whims.

And in each generation, they stood against us to destroy us, but the Nazis - erased shall be their name and memory - surpassed them all.

On Lag B'Omer we remember Rashbi and Rabbi Akiva. And the failure of the Bar Kochba revolt, to free the people, the Torah, Jerusalem and the Temple.

Independence Day and Jerusalem Day remind us of the great miracles of the restoration of the state and independence. And we thank G-d for the great gift we merited in establishing the state, political independence and returning to the land.

And Memorial Day where we remember and cherish all the soldiers who paid the most expensive price of all.

As the years go by, the importance of these days becomes more apparent to understand the real value of this great gift we have merited in our times, even when we do not always know how to appreciate it. The value of the treasure that we have been given, as our ancestors did not. Too many among us take this gift for granted, and do not understand how much we have to do to preserve it lest we lose it.

Many times, the true value of something goes according to the willingness to 'pay' its 'price'. The 'price' we paid, and how much we were allowed to 'pay' for. The value of the gift of the land is self-worthy! However, the gift of the land is examined in terms of the 'price' we paid to earn it. A gift obtained in tribulations, torments, suffering, as the heroic warriors of the nation paid for its protection with their lives.  

In this week's Parasha we read about the sanctity of the priesthood, and about the strict prohibition on the priests to defile themselves to the dead:

וַיֹּ֤אמֶר ה' אֶל־מֹשֶׁ֔ה אֱמֹ֥ר אֶל־הַכֹּהֲנִ֖ים בְּנֵ֣י אַהֲרֹ֑ן וְאָמַרְתָּ֣ אֲלֵהֶ֔ם לְנֶ֥פֶשׁ לֹֽא־יִטַּמָּ֖א בְּעַמָּֽיו׃

“Hashem said to Moshe: Speak to the priests, the sons of Aaron, and say to them: None shall defile himself for any [dead] person among his kin” (Vayikra 21:1)

And then the Torah enumerates the exceptions:

לְאִמּ֣וֹ וּלְאָבִ֔יו וְלִבְנ֥וֹ וּלְבִתּ֖וֹ וּלְאָחִֽיו וְלַאֲחֹת֤וֹ הַבְּתוּלָה֙…

“except for the relatives that are closest to him: his mother, his father, his son, his daughter, and his brother also for a virgin sister…”

"אמור אל הכהנים: אחר שחתם טהרת ישראל, סמך לכאן טהרת הכהנים. שראוי להם שיהיו טהורים וקדושים יותר מישראל, אחר שעבודת הקדש עליהם" (צרור המור שם).

The priests have a special role and therefore they must not defile themselves from the dead: "Speak to the priests: After finishing with the purity of Israel, the purity of the Priests comes next. They should be purer and holier than Israel, since the work of the sanctuary is upon them" (Tzror HaMor on Torah Vayikra ibid).

With the establishment of the State of Israel, many halachic questions resurfaced, which, as a result of the long exile, were hardly dealt with for two thousand years. Among them: Are priests allowed to enlist in the army and be partners in the war for the land? For in battle, they might kill an enemy, and become impure by a corpse מִטֻּמְאַת מֵת. And if a priest killed someone during war, can he continue to bless in the Benedictions of the priests?

The late Rabbi Uziel, who was the first Sephardic Chief Rabbi of the Land of Israel, commented:

ובמלחמתנו זאת, שאחרים קראו אותה עלינו להשמידנו ולשעבד את פלטתנו למרותם ושלטונם, אין כל ספק בדבר, שכל איש מישראל, לרבות כהנים ולוים, חייבים להתגייס בה, גם מדין מלחמת ה׳ שהיא ירושת הארץ, וגם מדין ׳לא תעמוד על דם רעך׳ [ויקרא יט,טז].

“And in this war, which others have called on us, to destroy and enslave us, there is no doubt that every man from Israel, including priests and Levites, must enlist in it, also from the commandment to inherit the land, and also לֹ֥א תַעֲמֹ֖ד עַל־דַּ֣ם רֵעֶ֑ךָ Do not profit by the blood of your fellow Israelite". (Mishpetei Uziel Volume VIII Orach Chayim 21:40)

Rabbi Uziel Z’L, learns his answer from the Gemara’s question: What is the halacha with regard to the permissibility for a priest who goes to war to engage in intercourse with a beautiful woman captured in that war? (Kiddushin 21b)

מכאן למדנו שהכהן נמצא בעורכי מלחמה, שהרי לא התירה תורה יפת תואר אלא בשעת שביה (קידושין שם הרמב"ם שם ה״ג)

From this we learned that the priest was in the midst of war, for the Torah did not allow a beautiful woman except at the time of captivity. (Kiddushin ibid, Rambam ibid)

If the priest does not go to war, why should he be allowed a beautiful woman?! etc. It would not be reasonable to say that the Torah allowed beautiful women to be taken by volunteers, but on the contrary, they are not allowed to volunteer so as not to have a problem with beautiful women”. (Mishpetei Uziel Volume VIII Orach Chayim 21)

And therefore, the ruling:

וְהַמְאָרֵס אִשָּׁה הָאֲסוּרָה עָלָיו. כְּגוֹן אַלְמָנָה לְכֹהֵן גָּדוֹל. גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט…. אֵינוֹ חוֹזֵר:

“One who becomes engaged to a woman who is forbidden to him, for instance, a Kohen Godol to a widow, or a divorcee or a Chalutzah to a regular Kohen… do not return from the battlefield”. (Mishneh Torah Kings and Wars 7)

Hence the priests would go to war. Regarding the war with Midyan, the tribe of Levi also went to war, led by Pinchas HaCohen.

And this is how the Radak explained about Benayahu ben Yehoyada, from Kabzeel, the general of king Solomon's army, and Samson who was a nazarite:

ואעפ"י שהיה בניהו כהן ואסור להטמא למתים להלחם באויבי ה' הוא מצוה כשצוה הקב"ה להלחם בשבעה גוים ובשאר האומות המצירות לישראל לא חלק בין כהנים לישראל

"And even though Benayahu was a priest and was forbidden to become impure by a corpse, it is a mitzvah to fight the enemies of G-d, as when G-d commanded to fight the seven nations and the other nations…” (Radak II Shmuel 23:20)

Also, according to the book of Josippon, Yehuda HaMaccabi, was a 'Cohen anointed with war' and went to war (Huminer edition, Chapter 20, pp. 81)