Parshat Shemini

When people use the word midrash they usually mean a morally edifying story based on a verse from the Torah. The best known collection of these midrashim is the Midrash Rabba, but there are others. Actually there are two types of midrash. The proper name for the “story with a moral” type of midrash is midrash aggada. This name distinguishes it from the other type of midrash- the midrash halacha. The midrashei halacha are primarily collections of laws. What distinguishes the midrashei halacha from the Mishna is their organization. While the mishnayot are arranged by subject, the midrashei halacha are based on the parsha. The midrashei halacha are where the Written Law and Oral Law meet.

The midrashei halacha exist as three books. They are the Mechilta to Shmot, the Sifra (also known as Torat Kohanim) to Vayikra, and the Sifrei to Bamidbar and Devarim. Breishit has almost no halachot so it has no book of midrashei halacha. These books are not as a rule studied as independent works. Many of the midrashim are incorporated in the Talmud as braita’ot- laws of the Tannaim which are not found in the Mishna. So these midrashim are explained by the commentaries of the Talmud and are studied in this fashion.

A revolution in understanding the midrashei halacha was brought about by the Malbim zt”l. Malbim is the acronym of Rabbi Meir Leibush ben Yechiel Michel. The Malbim zt”l was the rabbi in several Eastern European communities in the 19^th century. His rabbinic career was turbulent, since he was often persecuted by supporters of the nascent Reform movement. The Malbim’s fame is due to his commentary to Tanach, and particularly his commentary to the midrashei halacha. The Malbim was upset by the insults that the Reformers heaped upon the method used by Chazal to derive halacha via derashot. So the Malbim took it upon himself to write a commentary to the midrashei halacha which would demonstrate how each derasha and halacha is derived from the text of its pasuk. To succeed the Malbim had to achieve a masterful understanding of the subtleties of Biblical Hebrew. The Malbim wrote an introduction to his commentary to the Sifra and called it Ayelet Hashachar. There he presents his ideas for the commentary and sets forth the stylistic/grammatical rules that he says guided Chazal when they studied the Chumash.

The Malbim performed a great service for all students of the Gemara. Quite often we encounter derashot that leave us wondering what did the Tanna see in this pasuk that led him to this conclusion. The Malbim with his commentary shows us how Chazal saw the meaning in every word and phrase and based Torah she b’al peh on the Torah she bikhtav.

I’ll close with an idea from the Malbim to this week’s parsha. In the second pasuk Moshe tells Aharon to bring a calf as a chatat offering. This is what the Sifra says on this pasuk: “This teaches us that Moshe told Aharon, ‘Aharon my brother, even though G-d has forgiven your sins send a present to the Satan before you enter the Sanctuary lest he hate you when you enter the Sanctuary…’”

How did Chazal arrive at this drasha? The Malbim has an explanation which I will summarize. This week’s parsha is named Shmini .Shmini means “eight.” The parsha tells us what happened on the eighth day of the inaugural ceremonies of the Mishkan. Every day of the first seven days of the inauguration (Milu’im in Hebrew) Aharon brought a bull as a sin-offering and a ram as shlamim offering. Why then was the sin-offering on the eight day a calf, and why wasn’t there any shlamim offered? The Malbim explains that certainly Aharon was forgiven with the seven sin-offerings and that the seven shlamim offerings restored shalom to his relationship with G-d. So why was any sin-offering needed? The Malbim answers with an insight into the process of teshuva. If a person of a low spiritual level sins Hashem accepts the teshuva offered at that level and the person is forgiven. But, as the person progresses to higher levels more is expected of him, and the teshuva which once sufficed is no longer enough. A person must constantly review his past actions in light of his current understanding (the Chovot Halevavot elaborates on this idea in the third chapter, fifth section, of Sha’ar Avodat Hashem).

So, the Malbim says, Aharon was certainly forgiven by the eight day and no longer had to bring a bull as a sin-offering. Similarly, peace was re-established in his relationship with G-d, so no shlamim offering was needed. But all this was achieved before Aharon was filling the role of Kohen Gadol. At this level his previous sins had to be addressed again. So Aharon was told to bring a calf as a sin-offering to atone for the Golden Calf that he made.