Naso 5771 This week’s article discusses possible disqualifications of Kohanim from participation in birkas kohanim. Although birkas kohanim is not a part of the Temple service, a number of sources indicate that the berachah is related to the Temple service. To what degree does this connection extend? Do blemishes disqualify from participation in birkas kohanim, and if so which blemishes? May Kohanim who transgress aveiros take part in the berachah? These questions, and more, are discussed in this week’s article. This week’s Q & A addresses the question of reciting birkas ha-Torah after sleeping during the day of Shavuos.

When is a Kohein Disqualified from Blessing? This week’s Parashah, in which we learn of the mitzvah of Kohanim to bless the nation, inspires us to investigate a particular facet of the mitzvah: the possible disqualification of Kohanim from participation in the blessing. Since its inception, a number of questions on the site have addressed issues of potential disqualification from the blessing. In this week’s article, we will discuss this matter at length: Are there blemishes, physical or spiritual, that render a Kohein disqualified from giving the Priestly Blessing? What are the principles underlying this issue, and in which ways is the service of blessing the people similar to the service of Kohanim in the Temple?

Inside and Outside the Mikdash

It is noteworthy that the original and perhaps primary location of Birkas Kohanim was in the holy precincts, first of the Mishkan, and later of the Mikdash. The Torah thus relates that upon completing the sacrificial service of the eighth day of the  Mishkan’s dedication, Aharon blessed the people: “And Aharon raised up his hands towards the people and blessed them; and he came down from offering the sin-offering and the burnt-offering and ØØ

Dear Readers, An interesting connection connects this week's parashah to the forthcoming event of Matan Torah. The parashah discusses the case of somebody "who has no redeemer," referring to somebody who has no family. Citing from Chazal, Rashi asks that surely every Jew has some family member—how is it possible that a person should have no family whatsoever? Rashi answers that the pasuk refers to somebody who converted to Judaism, thereby entering the Jewish nation without any family. According to the Mabit (Kiryas Sefer, Issurei Biah 14), this is the source for the Talmudic precept whereby "a person who converts is considered like a newborn babe." The Meshech Chochmah suggests Matan Torah as an alternative source for the same principle. After receiving the Torah, Hashem instructed the nation to "return to your tents" (Devarim 5:27), permitting the people to go back to their families. How, asks the Meshech Chochmah, could the people return to their families? Surely, many were married to spouses that the Torah defines as

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forbidden relatives? The Meshech Chochmah answers the question based on the principle whereby a convert is akin to a newborn babe, and becomes detached from former family members. At Matan Torah the entire nation was converted (based on Gemara, Yevamos), and all were therefore permitted to one another. The interpretation of the Meshech Chochmah is difficult, in that Chazal mention (cited in Rashi, Bamidbar 11:1) that after Matan Torah the nation "cried over their families"—spouses from whom they were forced to separate. Yet the emotion, as we come to receive the Torah on Shavuos, is indeed a feeling of a convert—the sensation of a new beginning. When the Piacetzner Rebbe was 40 years old, he wanted to take something on in his service of G-d. But he already learned Torah in every spare minute. He already prayed with fire. What was there left to do, to take on? The Rebbe decided to take on the greatest, the most difficult task: To be a Jew. After quoting this entry from the Rebbe's personal diary, my Rabbi and mentor Rabbi Asher Weiss shlit"a adds that we although we were born Jews, we, too, can "convert" to Judaism. We, too, are able to make a new beginning, to leave behind evil ways, and to cleave to goodness and purity. There is surely no better time for this than the time of Matan Torah, the day of Shavuos when we read the great tale of Ruth, and we receive Torah anew. May we indeed merit to receive the Torah with all our hearts, and all our souls. 2

the peace-offerings” (Vayikra 9:22). In keeping with this assertion, the Rambam lists Birkas Kohanim among the positive mitzvos associated with the Mikdash and its service (Mitzvas Aseh 26).  Moreover, the Mishnah (Tamid 7:2) describes how the Kohanim would bless the people after burning the limbs of the Tamid offering.  Therefore, although Birkas Kohanim is performed (as we know) outside the Temple, it is not surprising to find a number of distinctions between Birkas Kohanim in the Mikdash, and the blessing outside (see Mishnah, Tamid 7:3; Gemara, Sotah 38a). Even outside the Mikdash, Birkas Kohanim is appropriately performed after the blessing of retzei, in which we pray for the restoration of the Temple service. Yet, despite the clear connection between Birkas Kohanim and the Mikdash, the Rishonim agree that even outside the Temple, and even after its destruction, Birkas Kohanim remains a Torah mitzvah (Rambam, Sefer Ha-Mitzvos, Aseh 26; Ramban, Bamidbar 8:2;  Chinuch 378). This assertion emerges from a teaching of the Yerushalmi (Nazir 7:1), and raises the following question: To what degree is the blessing of Kohanim outside the Mikdash related to the Temple service within the Mikdash?

The Prayer-Service Duality

The Gemara (Sotah 38a) explains that Birkas Kohanim must be performed while standing. This law, according to the conclusion of the Gemara, is derived from the general commandment that kohanim must stand when performing the Divine service. This teaching indicates that the laws of Birkas Kohanim can be derived from the Temple service. Yet, in discussing whether one who is intoxicated may perform Birkas Kohanim, the Gemara (Taanis 26b-27a) states that the law cannot be derived from the laws of the Temple service: “If so, just as one who serves may not have a blemish, so too a Kohein who blesses [may not have a blemish].” The Gemara assumes that even a blemished Kohein may bless the nation, and thereby differentiates between the general Temple service and Birkas Kohanim. A similar dichotomy is found in halachic rulings. On the one hand, the Rambam (Tefillah 15:3-4) disqualifies from Birkas Kohanim a Kohein who is guilty of idolatry or murder, as well as a Kohein who has recently consumed a revi’is of wine. Both disqualifications are based on comparisons to the Temple service.  On the other hand, Tosafos (Taanis 27a) rule ØØ

Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org

that a blemished or apostate Kohein may bless the nation, rejecting the comparison between Birkas Kohanim and general Temple service. This appears to present something of a dilemma. Is Birkas Kohanim comparable to the Temple service, or is it not? Indeed, although as noted above, the Rambam (in Sefer Ha-Mitzvos) records the mitzvah of Birkas Kohanim as a mitzvah related to the Mikdash, in Mishnah Torah the laws of Birkas Kohanim are included in the laws of prayer, forming the combined Hilchos Tefillah U-Nesias Kapayim. How can we justify both associations?

An important ramification of this understanding is the law of Birkas Kohanim at night. The time of day when the blessing is recited certainly has bearing on the superficial form of the blessing, and it therefore stands to reason that the blessing cannot be recited at night. This, indeed, is the opinion of Hagahos Maimoniyos (Tefillah 3, Letter Hei), citing the Mordechai, who explains that Birkas Kohanim is compared to the Temple service. In fact many of the later poskim follow this opinion (see Shulchan Aruch Harav 623:8, who rules that the blessing can be recited until nightfall; see also Shaar Ha-Tzion 623:11). Even though the Maharil (cited by Darkei Moshe) permits the recitation of Birkas Kohanim Inner and Superficial Properties after nightfall, the widespread custom is to It would appear that although Birkas Kohanim even is a part of the prayer service, it is derived from refrain from Birkas Kohanim at night. and therefore inherently related to the Temple !Physical Blemishes: Don’t Look service. Although the Gemara differentiates between Because of this duality, we can suggest that Birkas Kohanim and the general Temple although the inner properties of Kohanim service with regard to blemishes, the Mishnah need not match those required for the Temple (Megillah 4:7) teaches that certain blemishes do service, the Kohen’s superficial appearance and disqualify the Kohein from participation in the actions must match the conditions of the Temple blessing, “A priest whose hands have blemishes service.1 may not raise his hands”. Rabbi Yehuda says, A blemished Kohein is therefore not disqualified, ‘Moreover, one whose hands are stained with and the Magen Avraham (128:54) likewise astim or pu’ah (a blue dye or red dye) may not rules that a Kohein who is an arel (uncircumcised) raise his hands, because the people will gaze at may participate in the blessing. However, like the him.” This halachah is ruled by the Shulchan Temple service, Birkas Kohanim must be recited Aruch (Orach Chaim 128:30), who adds that while standing, and there is room to disqualify— conspicuous facial blemishes also disqualify the at least on a rabbinic level—a Kohein who is Kohen. inebriated.2 Unlike the popular misconception, there is no concern that gazing at the Kohanim (nowadays) 1  See also Taz, who writes a somewhat will cause a person to become blind. This concern different distinction between congenital blemishes is reserved for the blessing of Kohanim in the and blemishes that depend on the Kohen’s Temple (Chagigah 15a), where the Shechinah behavior. See also Peri Megadim (Orach Chaim rested on the Kohanim’s hands. 128), who defends the position of the Taz. 2  It is possible that the essential disqualification Yet, although it involves no danger, the of a Kohein who has drunk wine pertains to an Rambam (Tefilla 14:7) explains that just as “inner blemish,” and therefore cannot be derived the kohanim should not gaze at the people to from the Temple service. However, in addition ensure that they do not become distracted, so to the “inner blemish,” there is also a superficial the congregation should not gaze at the kohanim blemish of being drunk—at least on a rabbinic and become distracted. The Mishnah Berurah ØØ level—as ruled by the Rambam. Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org

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(128:89) adds that the principle prohibition is to gaze or stare at the Kohanim, which can cause distraction, and not merely to see or glance at them, but adds that there might be a custom, in recollection of the Mikdash, to avoid even a glance. A Kohein with superficial blemishes is likely to attract attention, and he is therefore disqualified from blessing the people. Today, due to the custom that Kohanim cover their hands and faces with a tallis, these disqualifications no longer apply (Shulchan Aruch 128:31). Moreover, it would seem that even the custom mentioned by the Mishnah Berurah of not looking at Kohanim cannot apply today, for there is nothing to see but talleisim.

Blemishes of the Spirit

The Rambam (Tefillah 15:6-7), followed by the Shulchan Aruch (128:39), rules that as a general rule, sins do not disqualify a Kohein from participating in the blessing. He explains further: “The blessing is not dependent upon the Kohanim, but rather on Ha-Kadosh Baruch Hu…  Kohanim should perform their mitzvah as they are instructed, and Ha-Kadosh Baruch Hu, in His mercy, will willingly bless Israel.” Although the Magen Avraham (128:56) explains that this refers to Kohanim that have repented their sins, this is not the opinion of the majority. Indeed, the Mishnah Berurah (128:146) rules against the Magen Avraham on this issue, and the Vilna Gaon likewise writes that even one who hasn’t repented is not disqualified. However, there are a number of sins that do disqualify a Kohein from blessing the nation according to all opinions. Specifically, the Rambam (Tefillah 15:3) mentions three sins: murder, idolatry, and conversion to another

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(idolatrous) religion.3

?Can a Murderer Bless

Regarding a Kohein who has murdered, the Gemara (Berachos 32b) teaches that the hands of a Kohein who has murdered are not vehicles of Divine blessing: “Rabbi Yochanan said: ‘A Kohein who has killed someone may not raise his hands, since it says (Yeshayahu 1:15), ‘[When you spread your hands, I will ignore you…] your hands have been filled with blood.’” This halachah is applied by the Peri Megadim (128, Eishel Avraham 51) even to killing a non-Jew. (The Maamar Mordechai (128:43) citing the Perishah disagrees.) According to the Rambam, this restriction applies even after the Kohein has repented: the stain of murder can never be cleansed from the Kohein’s hands. Yet, other Rishonim (Hagahos Maimoniyos 15:1, citing from the Raavya and Rabbeinu Simcha) limit the restriction to a murderer who is “known and inclined to kill”— and not to a murderer who has repented. The Shulchan Aruch (128:35) follows the opinion of the Rambam. Although the Rema adds that the custom is to be lenient for those who have repented (in order not to “close the door” to the penitent), a number of authorities (see Biur Halachah, s.v. Afilu asa, citing from Peri Chadash and Eliyah Rabbah) insist that one should not rule leniently regarding a Kohein who murdered with intent, even after he has repented. The Mishnah Berurah is inconclusive on how to rule on this question. However, in cases where the victim did not die instantly, but only after a number of days, the Chayei Adam (32:5) rules that one may rely on the ruling of the Rema (see Maharsham 5:30 for an 3  The Mishnah Berurah (128:134) adds that even one who converted to Islam is disqualified. The question of somebody who converted and then repented is the subject of a dispute among Rishonim, and the Rema rules that the custom is to be lenient.

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application of this ruling to somebody who killed with intent and later repented). The Mishnah Berurah (128:128-9) adds that one who has been “forced” to kill, as well as one who causes a woman to miscarry (a sin not punished by death), may recite birkat kohanim. 

Regarding a soldier, a number of authorities explain that a Kohein soldier should be considered as if he was forced to kill, and he continues to participate in Birkas Kohanim (see Shut Tiferes Tzvi 36, who explains that after a soldier is forced to go to the army, he is permitted to kill the enemy, who wishes to kill him; see also Hisorerus Teshuvah 4:11). Certainly a soldier in the Israel Defense Forces continues to participate Car Accidents and Warfare in the blessing, for his warfare in defense of the Contemporary authorities discuss a number Jewish people is a mitzvah. of cases that can unfortunately be of practical consequence. For example, may a Kohein one Shabbos Desecrators who has caused a fatal car crash participate in the Some authorities (see Peri Chadash 128) suggest blessing? Based on the ruling of Rema, there is that since an idol-worshiper is disqualified from clearly room for leniency concerning somebody the blessing, there is also room to disqualify a who has repented; as the Mishnah Berurah Kohein who publicly desecrates the Shabbos. implies, authorities are only stringent with regard This is based on the Gemara (Chullin 5a), which to somebody who killed intentionally, and not compares one who publicly violates Shabbos to concerning somebody who killed inadvertently. an akkum (an acronym for “worshipper of stars This argument is made by Rav Shmuel Wosner and constellations”). (Shevet Halevi 1, Orach Chaim 43), although his specific case includes other mitigating factors. The Shulchan Aruch Harav (128:52), the Peri Megadim (52), and the Mishna Berura (134) For Sephardim (who don’t always follow thus rule that a public Shabbos violator should the glosses of the Rema), Rav Ovadya Yosef not participate in the blessing. (Yechavveh Daas 5:16) rules that a Kohein should refrain from reciting the blessing if he has However, Rav Moshe Feinstein (Orach Chaim caused a fatal car crash. He makes an exception 1:33) argues that the comparison between for a Kohein who was driving carefully, and violation of Shabbos and idolatry is certainly somebody jumped out in front of the car. He not absolute. He bases his argument on the fact also rules that if the accident only caused injury, that repentance surely allows a Kohein who the Kohein is not disqualified, even if the victim once desecrated Shabbos to participate in the ultimately died of his wounds—provided that the blessing, in contrast with an idolater. Rav Moshe also mentions that the Shabbos violation of Jews Kohein repented his deed. of our time does not demonstrate kefirah, in the The Shulchan Aruch (128:36) rules that a way it did in the past. He rules that, although Kohein who performs a circumcision on a child it is preferable that he should not participate in who passes away as a result is not disqualified, the blessing, if such a Kohein was specifically because he “intended to fulfill a mitzvah.” This requested to duchan he should not be prevented ruling might also apply to a doctor whose patient from doing so for that particular occasion. passes away under his care, or on the operating table—he, too, probably (or possibly) intended to fulfill a mitzvah (see Biur Halachah 38, Aside from issues relating to behavior, a  chalal loses s.v. heim, concerning whether selling tefillin is his status of Kehunah for all halachic purposes, considered a mitzvah or not; the same principle and therefore may not participate in the blessing might be applicable to a doctor). (Shulchan Aruch 128:40; Mishnah Berurah 147).  The disqualification of a chalal applies Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org

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to one who is married to a woman forbidden to Kohanim, such as a divorcee, as well as the child of such a union.  A woman borrn from such a union is a chalalah, and it is forbidden for her to marry a Kohen; if she does, her children acquire the chalal status.

:In Summary

The laws of Birkas Kohanim demonstrate a dual nature. On the one hand, some laws (such as reciting the blessing standing and the disqualification of a drinking Kohein) are derived from the laws of the Temple service. On the other hand, unlike the Temple service, a blemished Kohein may participate in the blessing. Authorities debate whether or not Birkas Kohanim is compared to the Temple service with regard to performing the blessing at night. The common custom is to refrain from Birkas

Kohanim at night. Although a blemished Kohein is not disqualified from participation, blemishes on the face and the hands disqualified a Kohein in the past, for fear that they will cause the people to gaze at him. Today, the Kohanim cover their hands and heads, and these disqualifications no longer apply. A Kohein who murders, serves idolatry, or converts to another religion, is disqualified from giving the blessing. If he has repented, some authorities permit him to participate in the blessing. The disqualification does not apply to somebody who was forced to kill or acted in self-defense. Authorities write that one who publicly desecrates Shabbos is disqualified. However, there are certain circumstances in which a rabbi need not prevent somebody who desecrates Shabbos from participating in the blessing.

c Halachic Responsa d to Questions that have been asked on our website dinonline.org.il Question: Should one say Birkas ha-Torah when one wakes up on Shavuos afternoon, after going to sleep from staying up all night? If not, is there anything one should do to help the situation? Answer: Although several authorities write that one should recite birkas ha-Torah after sleeping during the day (Rosh, as cited in Shulchan Aruch, Orach Chaim 47:11), and the Mishnah Berurah (47:25) rules that one who recites it "does not lose out," the common custom remains not to recite birkas ha-Torah after sleeping during the day (the second opinion cited in the Shulchan Aruch). For Shavuos, some write that it is proper, even according to our custom, to recite the blessing after sleeping during the day, because this is the main sleep of the day (see Teshuvos Vehanhagos, Vol. 3, no. 149). However, many still do not recite the blessing after the daytime sleep. This is presumably based on the rationale mentioned in the Magen Avraham (47:12), whereby birkas ha-Torah was enacted to be recited once a day, in the morning. According to this, sleeping in the day, even when this is the main period of sleep, does not obligate a new blessing. Although there is no real "remedy" for the situation, it is advisable to have explicit intention that the blessing made in the morning should exempt even the time after one awakens from the later daytime sleep. 6

Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org