Matos Masei
Rabbi Jablinowitz
We read in the second of this week’s parshiyot, Parshat Masei, the laws of someone who kills b’shogeg, without intent to murder. He is sent to an Ir Miklat, a city of refuge, and stays there until the death of the Kohen Gadol. Interspersed within these laws the Torah discusses one who kills intentionally. When there are witnesses to the murder and he was properly warned, the one who kills b’maizid is put to death. At the end of this section, the Torah prohibits taking Kofer, or ransom, to exempt the murderers from their respective punishments, either death or galus. And in conclusion, the Torah warns first, V’Lo Sachnifu es Ha’aretz and then V’Lo Setameh es Ha’aretz. Do not pollute the land and do not make the land impure. What does taking ransom from murderers and not giving them their appropriate punishment have to do with making the land tameh?
The Sfas Emes makes the point that throughout the parsha of the one who kills b’shogeg, he is referred to as a Rotze’ach, a murderer. Why is this so? His killing is unintentional without any malice towards his victim. He answers by explaining that even though his killing was unintended, there is a “koach ha’misah”, an impression of death which clings to him. The death becomes a part of him. He then goes to the Ir Miklat and stays during the duration of the lifetime of the Kohen Gadol. The Kohen Gadol, who brings life to the world, has the ability to uproot and remove this quality of death which clings to the one who murders b’shogeg.
The Meshech Chachmah brings a similar idea, but he explains it in halachic terminology. The Gemara in Shevuos 8A suggest that one who kills b’shogeg is tameh l’nefesh. He is considered as one who is impure. And the Ir Miklat, the city of refuge to which he runs, serves as a mikveh. It purifies him from the tumah he contacted through the murder. And as a proof to this, he cites the Gemara in Makos 11B which teaches that if he dies after his judgment and before he went to the Ir Miklat, then his bones are buried in the Ir Miklat. This shows the inherent tumah within him which must be purified by the mikveh of the Ir Miklat.
And he stays in the city of refuge until the death of the Kohen Gadol. The normal purification for a Kohen is not completed with the immersing in the mikveh. There must be He’erev Shemesh, or the setting of the sun. Only after sundown is the Kohen pure enough so that he can eat Terumah. The ultimate He’erev Shemesh is when the Kohen Gadol dies. When his “sun sets” and he leaves this world, only then is the one who killed unintentionally purified and free to leave the Ir Miklat.
The Meshech Chachmah explains that when the Torah says (Chapter 35, Pasuk 34), V’Lo Setameh es Ha’aretz, it is referring specifically to the one who kills b’shogeg. It you accept a ransom from the one who kills unintentionally, then you are defiling the land and making it impure. This person is considered a rotze’ach and he needs to be purified in the purifying waters of the Ir Miklat. If you attempt to circumvent this process, you are adding tumah to the land.
The Ramban has a different explanation for these pasukim. He points out that earlier in this section (Chapter 35, Pasuk 29), the Torah states that these laws are applicable everywhere, B’Chol Moshvoseichem. At the very end of this section, when the Torah teaches us V’Lo Sachnifu es Ha’aretz, when the word Eretz is used, it is referring specifically to Eretz Yisrael. Eretz Yisrael is particularly sensitive to the crime of murder and its judgment not being carried out. He explains the meaning of the word Sachnifu is that the land will produce the opposite of what we intend to accomplish. It is a reference to the kelalot, the curses, mentioned in the Tochacah in parshat Ki Savo. The pasuk says (Devarim, Chapter 28, Pasuk 38), Zerah Rav Totzie Ha’sadeh, U’me’at Te’esof. You will bring much seed out into the field, but very little shall you gather. And we read in the next pasuk, Keramim Titah V’Avadetah, V’Yayin Lo Sishteh. You will plant and work your vineyards, but you shall not drink wine. This is what will happen by not giving murderers their appropriate punishments; the punishment will come back on the land of Israel, and eventually lead to exile.
The Ramban explains that this also results from the other two most serious transgressions, Avodah Zarah and Gilui Arayos, idolatry and forbidden relations. This statement of the Ramban parallels his word at the end of parshat Acharei Mos on the pasuk (Chapter 18, Pasuk 25), Va’Titmah Ha’aretz, Va’Takih Ha’aretz. When you defile the land, it will spit you out. Here as well, the last pasuk in this section (pasuk 34) states, V’Lo Setameh es Ha’aretz. Eretz Yisrael is holy because of the presence of the Shechinah. The impurity in the land will be caused by accepting ransom and not properly atoning for the spilled blood of the innocent victims of murder. The Shechinah cannot rest in Eretz Yisrael when there is such a perversion of justice. This is why the land is defiled and polluted when the crime of murder is not dealt with properly. And with the Ramban’s explanation we understand why this parsha is read during the three weeks. Only when we act according to the mitzvoth of the Torah can we merit to dwell in our land with the presence of the Shechinah in our midst.
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