Hebräische Bibel
Hebräische Bibel

Halakhah zu Wajikra 22:9

וְשָׁמְר֣וּ אֶת־מִשְׁמַרְתִּ֗י וְלֹֽא־יִשְׂא֤וּ עָלָיו֙ חֵ֔טְא וּמֵ֥תוּ ב֖וֹ כִּ֣י יְחַלְּלֻ֑הוּ אֲנִ֥י יְהוָ֖ה מְקַדְּשָֽׁם׃

Sie sollen meine Vorschrift wahren, auf dass sie deswegen keine Strafe erleiden und sterben, wenn sie es entweihen; ich, der Herr, bin es, der sie geheiligt.

Sefer HaMitzvot

That He prohibited an impure priest from serving [in the Temple]. And that is His, may He be blessed, saying, "that they separate themselves from the holy things of the Children of Israel" (Leviticus 22:2). And in the ninth [chapter] of Sanhedrin (Sanhedrin 83b), they said, "From where [do we know that] an impure priest who served is [punished] with death. As it is written, 'Speak unto Aharon and unto his sons, that they separate [... and not desecrate].'" And [that] He said in another place, "and die for it, since they desecrated it" (Leviticus 22:9). And just like that desecration is with death at the hands of the Heavens, so too is His saying, "and not desecrate My holy name" - so if he desecrated and served in impurity, he is liable for death at the hands of the Heavens. (See Parashat Emor; Mishneh Torah, Admission into the Sanctuary 4.)
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Sefer HaMitzvot

That He prohibited all outsiders (non-priests) from eating priestly tithe. And that is His saying, "And no outsider shall eat of the consecrated food (kodesh)" (Leviticus 22:10). And with this, "consecrated food," He meant, the priestly tithe and the firstfruits - as they are also called, the priestly tithe, as I will explain (Sefer HaMitzvot, Negative Commandments 149). And this is what I mean whenever I say, priestly tithe. And if one eats priestly tithe volitionally, he is liable for death at the hands of the Heavens. And he is only liable for the addition of a fifth [in its repayment] when inadvertent, as it is explained in Terumah in Chapter 7 (Terumot 7:1); and in Sanhedrin (Sanhedrin 83a), among the nine that are liable for death at the hands of the Heavens - and an outsider that ate priestly tithe is one of them. And they positioned as a proof for this, "and die because of it for having profaned it" (Leviticus 22:9), and [it being written] after it, "And no outsider shall eat of [the consecrated food]." And in the second [chapter] of Bikkurim, (Bikkurim 2:1), [they] said, "For the priestly tithe and for firstfruits, one is liable for death [at the hands of the Heavens], and a fifth; and they are forbidden to outsiders." But Rav disagrees with these mishnahs, and says that an outsider who eats priestly tithe is [only] lashed. And it is well-known that Rav is [like] a Tanna, and [is therefore allowed to] disagree (Sanhedrin 83b). And we have already explained in our composition in the Commentary on the Mishnah that [regarding] any disagreement that does not involve a disagreement in practice, but just in theory alone - I will not determine the law and say, "The law is like x." Hence, I will not say, "The law is like Rav," and I will not say, "The law is like the unnamed mishnah." For he is lashed according to everyone, as we explained: For whoever is liable for death at the hands of the Heavens for one of the negative commandments is also lashed - as we explained in the introduction to this essay. And likewise, anyone who misappropriated consecrated foods volitionally is lashed, without a doubt. And that is their saying about a discerning one close [to becoming] an adult who consecrates [an item] - they said (Niddah 46b), "[If] he consecrated [an item], and others ate it: Rabbi Yochanan and Reish Lakish both say, 'We give lashes.'" (See Parashat Emor; Mishneh Torah, Heave Offerings 6.)
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Sefer HaMitzvot

That He prohibited us from eating the meat of a burnt-offering. And that is His, may He be exalted, saying, "You may not eat in your cities, etc. and all your pledges that you pledge" (Deuteronomy 12:17) - as if He were saying, "You may not eat in your cities your pledges that you pledge." And the explanation (Sifrei Devarim 74:1) appeared [about it]: "'And all your vows' - that is a burnt-offering. The verse only came to teach you about one who eats a burnt-offering - whether before the sprinkling of its blood or after the sprinkling of its blood; whether inside the curtains or outside the curtains - he transgresses a negative commandment." And this negative statement is the prohibition for all who misappropriate. And one who transgresses this negative commandment - meaning that he eats from the meat of a burnt-offering; or benefits from the other consecrated foods about which one is liable for misappropriation, as explained in Meilah - is lashed if he was volitional; and brings a misappropriation-offering and repays what he benefited and adds a fifth if he was inadvertent, as we explained in (the Commentary on the Mishnah on) Tractate Meilah. [In Pesachim (Pesachim 83a),] they said, "One who volitionally misappropriates: Rabbi says, '[His punishment is] with death'; but the Sages say, 'With a prohibition.'" And they brought a proof - "and die for it" (Leviticus 22:9). ["It," and not misappropriation.] (See Parashat Re'eh; Mishneh Torah, Sacrificial Procedure 11.)
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