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Misva #357: Giving “Herem” to Kohanim

Misva #357: Giving “Herem” to Kohanim

FromSefer Hachinuch


Misva #357: Giving “Herem” to Kohanim

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Dec 30, 2022
Format:
Podcast episode

Description

The Torah in Parashat Behukotai (Vayikra 27:28) addresses the situation of one who consecrated something he owns without specifying the purpose it is consecrated, simply declaring it “Herem” (untouchable). Unlike property that one consecrates for the treasury of the Bet Ha’mikdash, which is then redeemed for its value, the Torah commands that “Herem” may not be redeemed, and must instead be given to the Kohanim. In explaining the reason behind this command, the Sefer Ha’hinuch writes that G-d chose Beneh Yisrael to serve Him and publicize His Name throughout the world. Due to Am Yisrael’s distinctive stature, the Sefer Ha’hinuch adds, we are governed directly by G-d, without any intermediaries. Thus, for example, as we emphasize in the Haggadah on Pesach, G-d brought Beneh Yisrael out of Egypt directly, without sending an angel or other kind of messenger. This direct, close relationship between us and G-d requires us to be devoted to His Torah, through which we become deserving of great blessing, and of having the opposite of blessing befall our enemies. The word “Herem,” the Sefer Ha’hinuch explains, means “curse.” Indeed, this term is used in reference to excommunication, and the Sages teach that when a Herem is pronounced upon a person, it is as though a curse spreads throughout his entire body (as alluded to by the word “Herem,” which in Gematria equals 248, the number of limbs in a person’s body). Thus, when a person declares his possession “Herem,” he is in effect pronouncing it “cursed,” saying that he wants to have nothing to do with it. However, everything given to us is a blessing from G-d, and, as such, it cannot be cursed. Therefore, the Torah commands that this property should remained blessed – so much so that it is given to G-d. Practically, it is given to the Kohanim, because they are G-d’s servants, and thus the property is considered to have been given to G-d, for everything acquired by a servant becomes the master’s possession (“Ma She’kana Ebed Kana Rabo”). As mentioned earlier, the Torah here commands that property declared Herem may not be redeemed. When one consecrates property to the Temple treasury, he pays its value to the treasury, and may then use the property normally. In the case of Herem, however, the property declared Herem becomes like Teruma – the portion of agricultural produce given to a Kohen. It is not redeemed, and is instead given to the Kohanim who are serving that week in the Bet Ha’mikdash. Land that is declared Herem remains with the Kohanim forever, and does not return to the owner on Yobel (the jubilee year) like other lands do. This Misva is binding upon both men and women, and it applies in the times of the Bet Ha’mikdash, as nowadays, in the absence of the Bet Ha’mikdash, one should not consecrate property or declare property Herem. However, the Rambam writes in Hilchot Erchin (8:11) that if a person nowadays declares his property consecrated, without specifying the purpose for which it is consecrated, it is given to the local Kohanim. One who declared his property Herem and did not give it to the Kohanim transgresses this affirmative command. Although this violation is not punishable by Malkut (as this is an affirmative command, and not a prohibition), nevertheless, the Sefer Ha’hinuch warns that one who fails to fulfill his pledges will be severely punished.
Released:
Dec 30, 2022
Format:
Podcast episode

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