This Week's Article

A Kohen Who Killed

Bechorot (7:7) | Yisrael Bankier | 2 days ago

After discussing the various mumim that invalidate an animal from being offered as a korban or a kohen from performing avodah, the Mishnah (7:7) discusses circumstances the would invalidate an animal but not a person. One of these cases is if an animal killed a person, it would not be able to be used as a korban, yet a kohen who killed would be able perform avodah.

The Tosfot Yom Tov notes that there is a version of the Mishnah that does not include this particular case. He suggests that this is because R' Yochanan in the Gemara (Berachot 32) maintains that a kohen who killed someone is not allowed to perform birkat kohanim. This rule is based on the pasuk (Yeshayahu 1:15), "When you spread your hands, I will hide My eyes from you; even if you were to intensify your prayers, I will not listen, your hands are replete with blood". The Tosfot Yom Tov reasons that if they cannot perform birkat kohanim they certainly should not be able to perform avodah in the Beit HaMikdash. Consequently, it should be a pesul -- it should invalidate their avodah.

The Tosfot Yom Tov has two difficulties with this conclusion. The first is that if that is the case, why was it not listed in the earlier Mishnayot as one of the cases that a kohen is not able to do avodah. Furthermore, the Rambam does not list this amongst the pesulim for a kohen.

The Mishneh LeMelech (Bi'at HaMikdash 9:15) however explains that the answer to the Tosfot Yom Tov questions can be found elsewhere.

The Gemara in Yevamot (7a) discusses whether avodah overrides "murder". The case there is if kohen murdered and was due to be executed. Nevertheless this kohen was in the Beit HaMikdash and wanted to engage in avodah. The Gemara concludes that even if there is no other kohen there to perform the avodah, he is taken to be executed. That is even if the required avodah would not be performed. In other words, the execution of the murderer overrides the requirement for avodah. This conclusion is derived from the pasuk "... and from next the mizbeach he should be taken to die" (Shemot 21:14)

The Tosfot however ask, perhaps the reason why the kohen is taken is not because the execution overrides avodah, but instead because the kohen is not able to do avodah. The Tosfot cites the Gemara Berachot above, that such a kohen is not allowed to do birkat kohanim. The Tosfot provides two answers.

The first answer is that if a kohen who killed performed avodah it would be valid -- it is not like a mum. The proof is that the above cited pasuk teaches that one takes the kohen if he is next to the mizbeach, but not from on top of the mizbeach, implying that the avodah when he is there is valid. The Gemara in Berachot simply applies a stringency when not allowing the kohen to perform birkat kohanim.

The second answer is that birkat kohanim is stricter than avodah since the kohen is meant to "raise up his hands" to bring down Hashem's blessing. Incriminating hands in this case, would not be able to advocate for Am Yisrael as that pasuk specifically refers to "when you spread your hands."

We find that according to either of the Tosfot's answers that the version of our Mishnah can be maintained and that our case is not considered a pesul.

Download

Calendar