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SMG

All the Levi’im are warned against serving on the altar, as it says in the verse[i] אך אל כלי הקדש ואל המזבח לא יקרבו ולא ימתו. The term לא יקרבו means to serve, but they may touch [the altar].

Just as the Levi’im are warned not to serve in the service of the Kohanim, so too are the Kohanim warned not to serve in the service of the Levi’im, as the verse continues גם הם גם אתם. Similarly, the Levi’im are warned not to perform the service of their fellow; the singers may not assist the honor guards, nor may the honor guards sing, as it says in the verse[ii] איש איש אל עבודתו ואל משאו. And we learnt in the Gemara[iii] the term גם הם גם אתם [teaches us] that if they performed your work[1], or you performed their work, the punishment is the [heavenly] death penalty. If they performed their work[2], that is not subject to the [heavenly] death penalty, but it is a violation of the negative Mitzva. Abaya said,

we can derive that a [Levi] singer who guards is guilty of the [heavenly] death penalty from the verse[iv] והחונים לפני המשכן קדמה וגו’ and the verse[v] והזר הקרב יומת.

Who is this זר – stranger. If we would say that this is a true stranger [someone who doesn’t belong there], this has already been said. It must therefore be talking about a stranger in relation to that particular service.

[Question from a contradicting Beraissa] We learnt ‘a singer who guarded, and a guard who sang – are not guilty of the [heavenly] death penalty but do violate the negative Mitzva.’

[Answer] This is [recording] an argument amongst the Tana’im.

[Challenge] Perhaps everyone agrees that this [the one who performed someone else’s service] [only] violates a negative Mitzva.

And since the Gemara does not offer any refutation at all to this challenge, it would seem that the words of Abaya have been disproven. Rabeinu Moshe [Rambam] wrote in accordance with Abaya [about a Levi who served as a Kohen – who would then by guilty of the heavenly death penalty]. Furthermore, he also [!] wrote that a Kohen who served as a Levi is not guilty of the [heavenly] death penalty, but rather [only] violates a negative Mitzva, in accordance with the other Beraissa there.

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[1] Meaning either the Kohanim performed the work of the Levi’im, or the Levi’im performed the work of the Kohanim.

[2] Meaning, the Levi’im performed work assigned to a different Levi, or the Kohanim performed work assigned to a different Kohen. But in either case, the subject was performing work suitable to his status – either as a Kohen or as a Levi.

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[i] Bamidbar 18:3

[ii] Bamidbar 4:19

[iii] Gem. Eraĉin 11b

[iv] Bamidbar 3:38

[v] Bamidbar 3:10

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AMUDAY SHLOMO

[Maharshal did not write a comment on this Mitzva. The manuscript appears to be incomplete.]

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RASHI

Rashi does not directly comment on the verse with the admonishment for this negative Mitzva. He does, however, comment on whom this negative Mitzva is addressed to:

וזר לא יקרב אליכם – you [Aharon and his sons the Kohanim] are admonished about this.

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Discussion by SMS

[!] The SMG notes that the Gemara seems to leave the challenge against Abay’s statement without resolution – implying that we are not to follow the opinion of Abaya. He then notes that the Rambam takes both the opinion of Abaya and that of the Beraissa into account. The only way that such a position would not be contradictory is if the opinion of Abaya and the Beraissa are not in conflict.

The verses that are the source of this negative Mitzva were addressed to Aharon and his sons, as it says in the start of this section ויאמר ה’ אל אהרן. However, the verse notes that there are actually two sets of instructions being conveyed: תשאו את עון המקדש, and תשאו את עון כהנתכם.

Which is in line with the duality of this Mitzva, the prevention of violations of the Mikdash – that no stranger may serve in the performance of the duties of the Mikdash – and the prevention of the violation of the Kehuna – that no stranger may perform the duties of a Kohen.

When it comes to the prevention of violations of the Mikdash, תשאו את עון המקדש, the verse prefaces this criterion with the assignation of the command to אתה ובניך ובית אביך אתך – you, your descendants, and the House of your father with you. As this command is addressed to Aharon, this means this criterion is assigned to Aharon, his descendants the Kohanim, and his father’s house, the Levi’im.

On the other hand, when it comes to the prevention of violations of the Kehuna, תשאו את עון כהנתכם, there the verse prefaces this criterion with the assignation of the command to ואתה ובניך אתך – you and your descendants with you. As this command is addressed to Aharon, this means this criterion is assigned to Aharon, and his descendants the Kohanim. No mention is made as being applicable to the House of your father – the Levi’im.

Therefore, it seems reasonable to assume that there is a difference in the two sins being prevented, one of which applies to the Kohanim as well as the Levi’im, and the other applies only to the Kohanim.

In explaining the difference between these two commands, Rashi provides the following commentary:

• אתה ובניך ובית אביך – they are the descendants of Kehos, the father of Amram.
• תשאו את עון המקדש – the punishment of the strangers who might sin in dealing with sanctified things given to you [the Kohanim and the Levi’im]; [specifically] the Ohel, Aron, Shulĉan, and sanctified vessels. They are to remain with you and warn all strangers who would come touch.
• ואתה ובניך – the Kohanim
• תשאו את עון כהנתכם – which are not given to the Levi’im; admonish the Levi’im who might mistakenly touch [support] you in your service.

Thus, we see that Rashi as well notes the difference in the commands as to who is being commanded, and what they are being commanded to do. Presumably this is the basis for the Rambam’s distinction as well.

The next verse continues the admonishment, by adding in the ‘brothers’ from the tribe of Levi. They too are commanded to assist in the prevention of violations of this negative Mitzva. On which Rashi comments:

• וגם אחיך – the descendants of Gershon and the descendants of M’Ruh’ri
• וילוו – they should join with you[1] to also admonish strangers from approaching you.
• וישרתוך – in the guarding of the gates and to appoint treasurers and supervisors.

Rashi thus explains that the Torah is actually providing three (3) things which must be guarded against:

• Certain sanctified objects may not be touched by the wrong people. This command to guard these items is given to the Kohanim and to the descendants of Kehos.
• The service of the Mikdash is given to the Kohanim. This command is given to the Kohanim.
• An honor guard and the service of various offices in the functioning of the Mikdash is given to the Levi’im and may not be performed by strangers. This command is given to the Levi’im along with the Kohanim.

Having defined the Levi’im as being obligated to support the Kohanim in the prevention of inappropriate access by strangers, the Torah then limits their involvement in the next verse: אך אל כלי הקדש ואל המזבח לא יקרבו ולא ימתו גם הם גם אתם.

Thus, the death penalty is now being introduced. And it is being introduced with a new point of focus that we haven’t seen before – namely, ואל המזבח. This would indicate that the death penalty is associated with a stranger serving on the altar. Accordingly, a Levi who performs the service of a Kohen, is guilty of a sin for which the punishment is the heavenly death penalty.

However, previously, when the Torah provided the requirement of וישרתוך – no mention was made of the death penalty. Therefore, while forbidden for performing a service that is not appropriate to him, a Kohen who serves as a Levi is not guilty of a sin for which the punishment is the heavenly death penalty.

As to where we know that the service being performed by one Levi is not to be usurped by another, that can be derived by the differentiation in the verse between ובית אביך, and וגם אחיך. Since the Torah admonishes the members of the tribe differently, this teaches us that the service performed by one may not be performed by the other.

However, we are still left with the question, if the Kohanim are not guilty of the heavenly death penalty for performing the service of the Levi’im, why then does the Torah state גם הם גם אתם – also they [the Levi’im] and also you [the Kohanim].

Perhaps we can answer this with the story of Uza[i]: when Dovid was initially transporting the Aron, he neglected to do so on the shoulders of the Kohanim or the descendants of Kehos [see positive Mitzva 168]. Instead, he left the Aron on a wagon which was being drawn by cows. During the trip, the cows stumbled, and Uza, one of the Kohanim walking along, placed his hand on the Aron to prevent it from falling. G-d killed Uza for doing so.

We can therefore assume that the rule is, Kohanim who touch the sacred objects, outside of their service responsibilities, can incur the death penalty in the same way that if a Levi were to perform the service of a Kohen. In other words, Kohanim who perform the service of a Levi ‘only’ violate a negative Mitzva. But Kohanim who breach what the Levi’im are guarding against are subject to the heavenly death penalty, just like a Levi who performed a service that should have been performed by a Kohen.

Thus, Rashi’s commentaries on these verses seem to provide an explanation as to the Rambam’s seemingly contradictory ruling. As to the Gemara’s challenge from the Beraissa that went unanswered, that does not counter Abaya’s statement. The Beraissa notes that everyone agrees that the one who performed someone else’s service ‘only’ violates a negative Mitzva. In other words, if a Kohen [who is also a member of the tribe of Levi] performs the service of a Levi, or if one Levi [a singer] performs the service of another [an honor guard]. This statement though does not contradict Abaya’s reasoning, as he derived his statement from the verse of והחונים לפני המשכן קדמה, which is a reference to the Kohanim [and Moshe]. A Levi who performs their service is indeed guilty of the heavenly death penalty. As to Abaya’s blanket description of ‘who guards’, perhaps he was referring to the guarding performed by the Kohanim – as there were several places where the Kohanim stood guard.

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[1] I wonder if this is a pun initiated by G-d, because the name Levi itself means to join together, as stated by Leah when Levi was named [Beraishis 29:34]. In other words, G-d is stating And also your brothers the tribe of “Join together” shall join with you…

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[i] Shmuel II 6:6-8

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