Halakhah zu Schemot 28:44

Thus the abolition of the first claim that says that it is impossible for us to return and fulfill the Mitzvah of Techelet because the Hillazon was hidden is evident since from many examples it is indicated that it was not hidden at all, and that long after the Destruction during the days of the Tanaim and Amoraim, it was available to them, and it is possible indeed almost to the point of certainty, that Maimonides, of blessed memory, also had Techelet. And only afterwards was it forsaken among us due to the exile, which in our many iniquities has increased. And in the Eastern countries it became forbidden for anyone except Royal Nobility as it is written (Esther 8) "And Mordecai went forth from the presence of the King in Royal apparel, Techelet and white, etc." And perhaps Techelet was also forbidden to be placed in Tzitzith, as the lower officials were apt to make additions and be vigilant in all things. Later on I found corroboration to this in Nachmonides' commentary on the Torah (Exodus 28:3)

And know indeed that what kind of person one is, is determined at the table, for there his qualities are revealed and made known. And thus our rabbis z”l said, “By three things a person is known: through his purse, through his cup, and through his anger.”³⁴B. Erubin 68b. The clever wordplay of be-kiso, be-koso, be-ka’aso of the saying is lost in the translation. For being drawn to wine and other pleasures – surely these are “the drippings of the honeycomb”³⁵Psalm 19:11, that is, the flowing “honey, the drippings of the honeycomb” than which the “fear of the Lord” and “judgments of the Lord” (19:10) “are sweeter.” – is one drawn to the drug of death, and by his grasping this path he will die an everlasting death. But whoever wants to live ought to keep far from this path; “he will eat and live forever.”³⁶Gen 3:22, an allusion to the immortality that would have come from eating from the Tree of Life. In other words, unlike the way Adam and Eve chose, there is another way one can and should eat to gain eternal life. And thus our rabbis z”l said in tractate Gittin of the Talmud, “A meal for your own enjoyment – pull your hand away from it,”³⁷B.Gittin 70a. and similarly said, “‘You shall be holy,’ that is, ‘you shall be abstemious (perushim),'”³⁸Sifra on Lev. 19:2. and “Make yourself holy through what is appropriate for you.”³⁹B. Yebamot 20a: “Make yourself holy through what is permitted to you.” And the author of Ecclesiastes said, “I said to myself, ‘Come, I will treat you to merriment. Taste mirth!’ That too, I found was futile.”⁴⁰Eccl. 2:1. And after that, he said, “I ventured to tempt [limshokh] my flesh with wine.”⁴¹Ibid. 2:3. Limshokh here is from the root of the same verb R. Bahya used above to refer to being drawn to wine, i.e., “being drawn [he-hamshekh] to wine and other pleasures…is one drawn [nemshakh] to the drug of death.” Thus, R. Bahya is using Eccl. 2:3 as a sort of prooftext for his point about wine. And in tractate Sanhedrin of the Talmud:⁴²B.Sanhedrin 70a. “Thirteen woes are said about wine, and they are specified in Parshat Noah. It is written, ‘Noah, the tiller of the soil, was the first to plant a vineyard,’⁴³Gen 9:20. which means from the moment he began to plant, he made his holiness profane. That is the point of the expression va-yahel – “he began”- which includes both the connotations of “beginning” (tehilah) and “profanation” (hillul). And because of wine, one third of the world was cursed.⁴⁴That is, the descendents of Ham were condemned to serve the descendents of his brothers Shem and Japhet, because when Noah, after drinking his wine, fell asleep in a drunken stupor, Ham “saw his nakedness.” Normally this is a Biblical euphemism for having sexual relations, hence the severity of the curse. The curse was actually directed at Ham’s son Canaan, most likely to justify morally the Israelites’ subsequent subjugation of the Canaanites and their land. However, the whole account is ambiguous and full of apparent non-sequiturs, prompting a quite a fruitful growth of midrashic attempts to explain the story. One unfortunate stream of interpretation, that Ham’s curse not only involved eternal servitude but also the blackening of his skin color, was later adopted in Christian and Muslim traditions, and used to justify the enslavement of Black Africans well into the 19th century – the so-called “Curse of Ham.” And they also taught in a midrash, “Don’t eye the wine, as it reddens…,”⁴⁵Prov. 23:31. that is, it yearns for blood.⁴⁶B. Sanhedrin 70a. And likewise Bathsheba warned King Solomon not to tempt his flesh with wine,⁴⁷B. Sanhedrin 70b.when she said to him, “Wine is not for kings, O Lemuel; not for kings to drink, nor any beer for princes.”⁴⁸Prov. 31:4. The midrash above identifies “Lemuel’s mother” (Prov. 31:1) with Bathsheba, the mother of King Solomon. And so he said, “I ventured to tempt my flesh with wine,”⁴⁹Eccl. 2:3. and “for who eats, and who feels the pleasures of the senses but me?”⁵⁰Ibid., 2:25. and then remarks after that, “That too is futile.”⁵¹Ibid., 2:26. For it is well known that someone in whose heart reverence for HaShem and fear of Him is strong, will reject and separate himself from the pleasures of the world, and will scorn them to the utmost, for he knows and is familiar with their consequences, while others who are lesser or worthless will fill their bellies with what delights them, and their vessels will return empty; they’re empty because they lack sense “They neither know nor understand; they walk about in darkness.”⁵²Ps. 82:5. About this, Solomon said, “When you sit down to dine with a ruler, consider well who is before you.”⁵³Prov. 23:1. He said, “If the wrath of the ruler rises up against you”⁵⁴Eccl. 10:4. and you go out to eat “the king’s food or the wine he drank”⁵⁵Dan. 1:8. in the house of the king who rules the land, understand well and look at those who were before you who chose this way- “what they saw in that matter and what had befallen them.”⁵⁶Esth. 9:26. Doesn’t the high status and greatness of most of them end up in humiliation and submission, “wholly swept away by terrors”?⁵⁷Ps. 73:19. Just what is written right afterwards in Proverbs, “Thrust a knife in your gullet!”⁵⁸Prov. 23:2.And our rabbis z”l said, “Do not yearn for the tables of kings, for your table is greater than their table, your crown greater than their crown.”⁵⁹M. Avot 6:5. Therefore, a person should not seek excessive gains and pursue them, for if he does, his days will be painful and he will never be satisfied, because there is no end to these gains, and whoever pursues things that have no end – is he not sick, blinded by his stupidity? For “every fool is embroiled.”⁶⁰Prov. 20:3. It goes without saying that he has no share in the Torah, because if he were rich and used to eating and drinking with silver dishes, he would be liable to think little of them and become unsatisfied until he had utensils of “turquoise, sapphire, and diamond,”⁶¹Ex 28:18. and as soon as he obtained one of them, he’d want two or three, and this would go on without out end. And therefore a person with good qualities must not in his heart crave for excessive gains, and should be satisfied with a little.

And futhermore it is understood from the words of our sages of blessed memory that the techelet regarding that which the Torah has enjoined us must retain its original beauty and not fade in color, this can be learned from the passage in Exodus 28 where it is written 'completely techelet'. And when this color fades it is not completely techelet. And as Rabbi Chanina the son of Rabbi Gamliel expounded regarding a blemish which makes it inadequate for use (Menachot 42b). And even though Rabbi Yohanon the son of Dahavai disagrees there and says that even the second appearance of the color of techelet is fit for use, that means only at the begining of the dyeing process, but once it has been dyed for the Mitzvah and then it fades and continues to get lighter in color so then certainly it is not considered to be completely techelet and it must retain its original beauty and not change. For if its color is not one that retains its original beauty and does change then certainly it is not fit for use as soon as it begins to fade from its original color and changes. Therefore when the Torah states completelytechelet then certainly it means that it must retain its original beauty and not change. For the techelet of the tzitzith is learned out from the techelet of the priestly garments, for all techelet mentioned in the Torah must retain its original beauty and not change. Therefore the sages of blessed memory needed the chilazon that was known to them, for the color of techelet from any other species does not retain its original beauty and fades.

So this book is now finished, built upon precious sayings. With these words the enlightened¹⁸²Lit., ha-maskil be-hakhmah, one “enlightened with wisdom, i.e., the wisdom of Kabbalah (Chavel). will discern when they’re eating, may they make themselves holy and their minds burnished fully. With these words engaged, may they be at their table; raise their table’s renown so that “all shall say ‘Glory!'”¹⁸³An allusion to Ps 29:9: kulo ‘omer kavod. Let their hearts be made pure, to withstand any test. “By these raise up the table,”¹⁸⁴Ex 28:28 so that “before the Lord”¹⁸⁵Ez 41:22 is its label. This table is greater than the table of kings, “he shall be permitted to join those attending,”¹⁸⁶An allusion to the reward of the faithful promised in Zech 3:7: “Thus said the Lord of Hosts: If you walk in My paths and keep My charge, you will in turn rule in My house and guard My courts, and I will permit you to move about among these attendants.”and to be lifted in honor to gaze on¹⁸⁷Or “envision,” because the Hebrew is ye-hazeh, as in hazon “vision,” like the verb in Ex 24:11, with connotation of prophetic vision. the face of “David among the lilies grazing,” to earn “the three-legged table” ¹⁸⁸An allusion to what is referred to in B. Ta’anit 25a: “The righteous will in time to come eat at a golden table with three legs.” See R. Bahya’s Preface, where he explains this idea in his discussion of the fourth reason he gives for calling his book Shulhan Shel Arba. There’s an untranslatable wordplay here with the Hebrew word ro‘e’ (“grazing” or “shepherd”) and the Aramaic word ker’a’ (“leg”): “David among the lilies grazing (ro‘e’)” to earn the table of three legs (ker’a’).” of gold ablazing. They will earn the physical and intellectual meals, and be counted among the benei aliyah. Blessed is the Lord who has refined His servants to perfect us, whose love for us even preceded us; may He bring us to see wonders from His Torah, the foundation of His Temple, the place of the ark and the tablets, the menorah and table and the altars. May our betrayals and sins be atoned for and forgiven, may prosperity be ours – from God’s hand gladly given.¹⁸⁹An allusion to Is 54:10. Among the saints may He raise and lift us, “west and south”¹⁹⁰An allusion to Dt 33:23. may He gift us. From the abundance of His love may He redeem our soul¹⁹¹An allusion to Ps 22:21. from Sheol when He takes it, by His counsel may He guide us¹⁹²An allusion to Ps 73:24. to the “delights ever in His right hand.”¹⁹³An allusion to Ps 16:11. May he encompass us with favor, ¹⁹⁴An allusion to Ps 5:13. in the “bundle of life” may He hide us,¹⁹⁵As opposed to She’ol – “hell” – as in Job 14:13: “O that You would hide me in Sheol.” in the path of life may He guide us, and grant us what is written, “For God is our God forever; He will guide us even beyond death.”¹⁹⁶Ps. 48:15.

That is that He commanded the priests to wear special garments for glory and adornment, so they can then serve in the Temple. And that is His saying, "And make holy garments for your brother Aharon, for glory and adornment" (Exodus 28:2); "Then bring his sons forward; clothe them with tunics" (Exodus 29:8). And this is the commandment of the priestly garments - eight garments for the high priests and four for an ordinary priest. And anytime the priest serves with less than this number of special garments, or more than them, his service is disqualified and he becomes liable for death at the hands of the Heavens - meaning for the one was lacking clothes and served. And likewise did they count him in the Gemara (Sanhedrin 83b) as one of those liable for death at the hands of the Heavens. And this explanation does not appear in Scripture. But what does appear in Scripture is, "and you shall gird them with sashes [...] and they shall have priesthood" (Exodus 29:9). And the explanation appears - when their garments are upon them, their priesthood is upon them; when their garments are not upon them, their priesthood is not upon them, and they are outsiders (non-priests). Behold it has been made clear to you that an outsider that serves [in the Temple receives] the death penalty. And they said in the Sifra (Sifra, Tzav, Mechilta d'Milium 1:7), "'And he placed the breastplate upon him': This section was learned for its time and for [all the] generations; for the daily service and for the Yom Kippur service. [However] every day he serves in the golden garments; and on Yom Kippur, in the white (linen) garments. And it already appears in the [Sifra], that wearing these garments is a positive commandment. And this is their saying (Sifra, Acharei Mot, Chapter 8:10), "From where [do we know] that Aharon did not wear the garments for his aggrandizement, but only to fulfill the decree of the King? As it is stated, 'and he did as the Lord commanded Moshe' - that is to say, the wearing of the garments." And even though they are the utmost in beauty - given that they are from gold, onyx, jasper and the other precious and beautiful stones - he should not have intention [in wearing them,] for their beauty, but rather only to fulfill the command that God, may He be exalted, commanded Moshe. And that is that he always wear these garments in the Temple. And the regulations of this commandment have already been explained in Zevachim, Yoma and Sukkah. (See Parashat Tetzaveh; Mishneh Torah, Vessels of the Sanctuary and Those who Serve Therein 10.)

Rabbi Diskin further cites a statement of the Mekhilta to the effect that the conversion of an Amalekite has no efficacy and hence even subsequent to "conversion" the lad had the status of a non-Jew; cf., however, Rambam, Hilkhot Isurei Bi'ah 12:7 and Hilkhot Melakhim 6:4; Kesef Mishneh, Hilkhot Melakhim 6:4; and Ba'al ha-Turim, Exodus 28:6. See also R. Judah Gershuni, Mishpat ha-Melukhah (New York, 5710) p. 144. For other interpretations see R. Aryeh Pomeranchik, Emek Berakhah, and R. Eliezer Dvorets, addenda, p. 15.

The commandment of wearing the priestly clothes: That the priests were commanded to wear special clothes for aggrandizement and glory - and then they may serve in the Temple - as it is stated (Exodus 28:4), "and they shall make priestly clothes for Aharon your brother and his sons."

That the breastplate not move from on top of the apron: That we not move the breastplate from on top of the apron. And above we have already mentioned the matter of the breastplate and the apron, which are two of the eight clothes of the high priest. And the breastplate was set in line [and] in front of the heart of the priest. And the apron is behind him across from the breastplate that is in front of him. And there was within the apron, from the cloth of the apron itself, like a type of two handles that come out from it, that the priest girds himself with; and it is called the band (cheshev) of the apron. And after he girds himself with the band of the apron, and placed the breastplate on his heart, it would sit under the breastplate. And Scripture commanded to tie rings that were fixed onto the breastplate and rings that were fixed onto the apron with a string of blue (tekhelet), so that the breastplate would be set upon the band in a fixed and dignified way. As if he did not tie them with those rings, the breastplate would wander and be separated from the band of the apron and bang upon the chamber of the priest's heart. And about this is it stated (Exodus 28:28), "and the breastplate shall not budge from the apron" - meaning to say from upon the band of the apron. And its [official Aramaic] translation (Onkelos) is to break apart (yitparak). And one who severs its connection at the time of the service is lashed for this negative commandment.

To not tear the coat of the priests: To not tear the opening of the coat of the high priest, as it is stated (Exodus 28:32), "it shall not be torn."

That is that He commanded us to appoint judges and officers to force the implementation of the Torah's commandments and to bring those inclining away from the true path back towards it. And they will command to do the good and to come back from evil and will establish fences for the transgressor, such that the commandments and prohibitions of the Torah will not be decided according to the beliefs of each individual. And from the stipulations of this commandment is that these judges be one level above another. And that is when twenty-three judges are appointed in every city, all of them gathering in one place, in the gate of the city which is fit for this number. And these are the minor Sanhedrins. And the Great Court in Jerusalem is appointed of seventy judges. And one [judge] is appointed over these seventy, and he is the head of the yeshiva; and he is the one that the Sages also called the Nassi. And they are all gathered in one place designated for them. And a city with few inhabitants which is not fit for a minor Sanhedrin must appoint three [judges] to administer the minor laws; and the complicated matter they bring to the [court] above them. And they appoint officers [that] supervise the people. They go around the city, in the marketplaces and the streets, and observe the actions of the people in their carrying forth - until no injustice is done, even in a small matter. And the statement in which the commandment appears is His saying, "Judges and officers shall you appoint for yourself in all of your gates" (Deuteronomy 16:18). And the language of the Sifrei (Sifrei Devarim 144:1-4) is, "From where [do we know] that we appoint a court [...]? [Hence] we learn to say, 'Judges [and officers…].' [...] And from where [do we know] that we appoint one over all of them? [Hence] we learn to say, 'shall you appoint for yourself.' [...] And from where [do we know] that we appoint a court for each tribe? [Hence] we learn to say, 'for your tribes.' [...] 'and they shall judge the people' - [even] against their will." And this command of appointing seventy elders has already been repeated; and that is His, may He be exalted, saying, "Gather for Me seventy men" (Numbers 11:16). And they said (Sifrei Bamidbar 92:1), "Wherever 'for Me,' is stated, it surely endures [forever]; like [with the priests], 'that they minister for Me' (Shemot 28:41)." That means to say it is not a temporary commandment, but it is [intrinsically] fitting, and obligatory for all generations. And you should know that all of these appointments - meaning great Sanhedrins, minor Sanhedrins, courts of three and other appointments - are indeed done in the Land of Israel. And when there is ordination in the Land of Israel, it is then possible for those ordained to judge in the Land and outside of the Land. But they may not judge capital cases - whether in the Land or outside of the Land - unless the Chosen [Temple] is standing, as we explained at the beginning of the essay. And the language of the Sifrei (Sifrei Zuta, brought in Yalkut Shimoni on Torah 788:12) about His saying [about] one who smites a soul inadvertently, "Such shall be for you," saying, "in all your settlements" - "perhaps the cities of refuge should also be practiced outside the Land of Israel. [Hence] we learn to say, 'these.' These judges practice whether in the Land or outside the Land. But cities of refuge are only practiced in the Land." And the regulations of this commandment have already all been explained in Sanhedrin. (See Mishneh Torah, The Sanhedrin and the Penalties within their Jurisdiction 1)

To appoint judges and officers: To appoint (see Sefer HaMitzvot LaRambam, Mitzvot Ase 176) judges and officers that coerce [others] to do the commandments of the Torah, bring those that are veering from the path of the truth back to it against their will, order that which is fitting to do, prevent disgusting things and enforce the fences against the transgressor - so that the commandments and the preventions of the Torah not require the belief (acceptance) of each and every person. And it is from the conditions of this commandment that these judges should be one level above the other. That is that we set up twenty-three judges in each and every city that is fit for this number, all gathered together in one place from the gates of the city - and that is called a small sanhedrin. And in Jerusalem, we set up a large court of seventy judges, and we stand up one [judge] over these seventy and he is called the head of the academy - and he is the one that the Sages also called, nassi - and they would all be gathered in their place that is designated for them. And in a place that is small of number, such that it is not fit for a small sanhedrin, they should stand up three [that] should judge the small thing and they bring the difficult thing to the [court] that is above them. And likewise do they appoint supervisors among the people that circulate in the city, the markets and the streets [and] observe the matters of people in commercial buying and selling - so that there not be wrongdoing, even with a small thing. And the commandment that comes about this is that which He, may He blessed, stated (Deuteronomy 16:18), "Judges and officers shall you place for yourself in all of your gates." And the language of Sifrei Devarim 144 (and see Sanhedrin 16b), "From where [do we know] that we appoint a court for all of Israel? [Hence] we learn to say, 'Judges and officers.' And from where [do we know] that we appoint one [judge] on top of them all? [Hence] we learn to say, 'shall you place for yourself.' And from where [do we know] that we appoint a court for each and every tribe? [Hence] we learn to say, 'in all of your gates.' Rabban Shimon ben Gamliel said, '"For your tribes and they shall judge" - [that] is a commandment on each and every tribe to judge its tribe; "and they shall judge the people" - against their will.'" And this commandment to appoint seventy elders has already been repeated, and that is His, may He be blessed, stating to Moshe, peace be upon him, "Gather for Me seventy men" (Numbers 11:16). And they, may their memory be blessed, said (Sifrei Bamidbar 92), "Every place that it is stated, 'for Me,' behold it is an observance forever; and so [is it], 'And they shall be priests for Me, etc.' (Exodus 28:41)" - meaning to say, that it is a permanent commandment and not just temporary, but rather all of the days of the earth.