Comentário sobre Levítico 18:29

העשת‏‎ הנפשות ‎‏‎‎EVEN THE SOULS THAT SHALL DO THEM [SHALL BE CUT OFF] — Both men and women are implied by the plural הנפשות (in contrast to the sing. יעשה in the beginning of the verse) (Sifra, Acharei Mot, Chapter 13 20).

AND THE SOULS THAT DO THEM SHALL BE CUT OFF FROM AMONG THEIR PEOPLE. “His offspring is cut off, and his [own] days are shortened.” This is Rashi’s language.⁴⁴⁵Above, 17:9. Now in the matters of excision mentioned in the Torah there are three different expressions. One is that which states, that man shall be cut off;⁴⁴⁶Ibid., Verses 4 and 9. This form of expression is found in connection with slaughtering or bringing offerings outside the Sanctuary Court. a second one is that which says, and the souls which do them shall be cut off,⁴⁴⁷In Verse 29 before us, in connection with forbidden sexual relationships. or that soul shall be cut off from before Me;⁴⁴⁸Further, 23:3 in connection with eating of the holy offerings in a state of impurity. It is also found as a punishment for eating forbidden fat (above, 7:25), blood (ibid., 17:10) etc. and a third form of expression is that which states, that soul shall utterly be cut off, his iniquity shall be upon him.⁴⁴⁹Numbers 15:31. In connection with idol worship and blasphemy. Now of a [a person doing work on] the Day of Atonement Scripture states, that soul will I destroy from among his people,⁴⁵⁰Further, 23:30. and on this the Rabbis commented in the Sifra:⁴⁵¹Sifra. Emor 14:4. “Excision is mentioned in many places in Scripture. But I do not know what it is. Now that it says, and I will destroy,⁴⁵⁰Further, 23:30. it teaches that excision means ‘destruction’ [of the soul].”
The explanation of the subject is as follows. If someone eats forbidden fat or blood and he is [still] a righteous person whose merits outweigh [his sins], but he could not control his desire for it, and thus stumbled in this sin, his days will be shortened and he will die in his youth before reaching old age, which is sixty years,⁴⁵²“At sixty a man attains old age” (Aboth 5:24). but his soul is not destined for destruction;⁴⁵³For although in the case of eating forbidden fat or blood Scripture does state that soul shall be cut off (see Note 448 above), yet since the merits of this man outweigh his sins, his soul will not be destroyed. In other words, the punishment of destruction of the soul applies only if his sins outweigh his merits, as a result of his having eaten forbidden fat or blood, as explained further on in the text. rather, its portion will be in the World of Souls⁴⁵⁴See in Vol. II, p. 65, Note 12. in accordance with the person’s good deeds, since he was a righteous man, and he will also have a portion in the World to Come, which is the world after the resurrection. Of this case it is said, that man shall be cut off.⁴⁴⁶Ibid., Verses 4 and 9. This form of expression is found in connection with slaughtering or bringing offerings outside the Sanctuary Court. But [in the case of] one who, as a result of this grave sin, now has more sins [in gravity] than his merits, the punishment of excision for this weighty transgression affects the soul that sins after it is separated from the body, and it is cut off from life in the World of Souls.⁴⁵⁴See in Vol. II, p. 65, Note 12. It is with reference to those liable to this form of excision that Scripture alludes, in saying, that soul shall be cut off from before Me.⁴⁴⁸Further, 23:3 in connection with eating of the holy offerings in a state of impurity. It is also found as a punishment for eating forbidden fat (above, 7:25), blood (ibid., 17:10) etc. And it is further written [in this connection], that soul will I destroy from among his people.⁴⁵⁰Further, 23:30. These sinners do not suffer bodily excision [as is the case in the first type mentioned above], but may sometimes live to reach many days, even old age and hoary heads, as it is written, and there is a wicked man that prolongeth his life in his evil-doing.⁴⁵⁵Ecclesiastes 7:15. It is this which our Rabbis have said:⁴⁵⁶Rosh Hashanah 17 a. “But he whose sins outweigh his merits, including a non-Jew⁴⁵⁷“A Jew who sins with his body” is also mentioned there in the Talmud in this connection. But that is defined there as “the head (of him) that puts on no Tefilin (phylactery).” It may be that Ramban omitted mentioning this here, since his essential intention is to explain the types of excision mentioned in Scripture, which fit in with the example mentioned further on in the text, since the punishment for immorality is expressly stated even for the Canaanites. who sins with his body — and Rav Papa said that this refers to a particular sin, that is to say, one who commits incest with one of the forbidden relations — these descend to Gehenna and they are punished for twelve months; after twelve months their bodies are destroyed, and their souls burnt, and the winds scatter [their ashes] under the soles of the feet of the righteous etc.” And there is a still more stringent form of excision, where both the body is cut off [from life in this world] and the soul [even from life in the World to Come]. It is of this [third kind of excision mentioned above] that it is said, Because he hath despised the word of the Eternal, and hath broken His commandment, that soul ‘hikareith tikareith’ (shall be utterly cut off), his iniquity shall be upon him.⁴⁴⁹Numbers 15:31. In connection with idol worship and blasphemy. And the Rabbis interpreted it:⁴⁵⁸Shebuoth 13 a. “‘Hikareith’ (he shall be cut off) in this world; ‘tikareith’ (he shall be cut off) in the World to Come,” meaning to say that he shall die in his youth, and his life shall be as that of the depraved⁴⁵⁹Job 36:14. in that his soul will not share in the life after the resurrection and he will have no portion in the World to Come. This double expression of excision is not stated in the Torah except in matters of idolatry and blasphemy. Our Rabbis have further interpreted in Tractate Shebuoth:⁴⁵⁸Shebuoth 13 a. “Because he hath despised the word of the Eternal.⁴⁴⁹Numbers 15:31. In connection with idol worship and blasphemy. This refers to one who throws off the yoke, [i.e., he denies the essential principle of the religion], and perverts the sense of the Torah. And he hath broken His commandment. This is one who breaks the covenant of the flesh” [i.e., circumcision]. But this does not apply to all cases where excision is mentioned, it being explained there in the Gemara⁴⁵⁸Shebuoth 13 a. that the double expression of ‘hikareith tikareith’ (he shall utterly be cut off)⁴⁴⁹Numbers 15:31. In connection with idol worship and blasphemy. does not apply to all other people who are liable to excision by law of the Torah, except for those derived by interpretation of this verse; since this verse refers to a blasphemer and a worshipper of idols, and the Rabbis added by interpretations, those who deny the essential principle [of G-d’s existence], and those hardened wicked ones [mentioned above]. This is similar to that which is said of them in the tradition,⁴⁶⁰The Hebrew word is kabalah, and it is here used as a term referring to the books of the Scriptures which come after the Five Books of Moses, because they are words of “tradition” received from the prophets. for their worm shall not die, neither shall their fire be quenched.⁴⁶¹Isaiah 66:24. These are the ones who are enumerated in the Mishnah⁴⁶²Sanhedrin 90 a. and in the Beraitha:⁴⁶³Tosephta, Sanhedrin Chapter 13. “And these are they that have no share in the World to Come.” And so also it appears, that not all those liable to excision are punishable by the death of their offspring, except for those where the word aririm (childless) is mentioned.⁴⁶⁴Further, 20:20-21. And it is possible that all forbidden [sexual] relationships have been likened to each other [in this respect of the punishment, namely death of the offspring], but in the case of other sins for which excision is incurred, such as for eating forbidden fat and blood, we do not have [this aspect of punishment].
Now Rabbi Abraham ibn Ezra commented:⁴⁶⁵Ibid., 23:30. “There is a difference between ‘v’ha’avad’ti’ (and I will destroy)⁴⁵⁰Further, 23:30. and ‘v’nichr’thah’ (it shall be cut off),⁴⁴⁸Further, 23:3 in connection with eating of the holy offerings in a state of impurity. It is also found as a punishment for eating forbidden fat (above, 7:25), blood (ibid., 17:10) etc. and I could not explain.” The learned scholar [Rabbi Abraham] thought that the soul that is “destroyed” is destroyed for ever, and the one that is “cut off” is denied life for a time, and yet doth G-d not take away life.⁴⁶⁶II Samuel 14:14.
Know and understand that the forms of excision mentioned with reference to the soul, constitute a great [source for] trust in the existence of souls after death, and the granting of reward in the World of Souls.⁴⁵⁴See in Vol. II, p. 65, Note 12. For in His saying, blessed be He, and that soul shall be cut off from among his people,⁴⁶⁷Numbers 15:30. or that soul shall be cut off from before Me⁴⁴⁸Further, 23:3 in connection with eating of the holy offerings in a state of impurity. It is also found as a punishment for eating forbidden fat (above, 7:25), blood (ibid., 17:10) etc. it denotes that the soul that sinneth⁴⁶⁸Ezekiel 18:20. shall be cut off in its iniquity, but other souls that did not sin, will exist before Him in the splendor on high. It is for this reason that He explains, that soul … its iniquity shall be upon it,⁴⁶⁹Numbers 15:31. for it is the sin that is in it which will cause it to be cut off. And the meaning of the matter is that the soul of man is the lamp of the Eternal,⁴⁷⁰Proverbs 20:27. which has been breathed into our nostrils⁴⁷¹See Genesis 2:7. out of the mouth of the Most High,⁴⁷²Lamentations 3:38. and the spirit of G-d,⁴⁷³Job 33:4. as it is said, And He breathed into his nostrils the breath of life;⁴⁷¹See Genesis 2:7. and so it remains in its [original] state and does not die [with the death of the body], for it is not a composite [of the four elements] so that it be subject to the law of existence and decomposition, as are all components. But the existence of the soul is fitting [for all time], living forever as do the Separate Intelligences.⁴⁷⁴Another name for “the angels.” See in Vol. II, p. 292, Note 313. Therefore Scripture did not need to state that as a reward for [fulfillment of] the commandments the soul will exist [after the death of the body, for it is self-understood that it will exist from a knowledge of the nature of the soul], but instead it states that as a punishment for sins, the soul will be desecrated and defiled, and become cut off from its proper existence. This is the sense of the expression kareth (cutting off) which the Torah uses, intimating that it is like a branch cut off from the tree, from the roots of which it derives its nourishment. It is this which our Rabbis have said:⁴⁷⁵Sifre Shelach, 112. “From among his people⁴⁵⁰Further, 23:30. — but his people are in peace.” For the cutting off of the soul that sinneth,⁴⁶⁸Ezekiel 18:20. proves the existence of all other souls that do not sin, these being his people [mentioned in the verse] which are in peace. And we have already explained⁴⁷⁶At the beginning of Seder Va’eira. that all assurances of the Torah, whether for reward or punishment, are all miraculous in nature, and are of the type of hidden miracles,⁴⁷⁷See Vol. I, p. 215, Note 372, and pp. 556-557. the Torah always promising [certain blessings] in a non-natural manner [which result not from the processes of nature, but because of the observance of the law], and warning against [consequences which result not from the processes of nature, but as punishment for our violation of the law]. Therefore He warned here of kareth which is of a miraculous nature [since in the natural order of things the soul should exist forever], and did not promise the eternal existence of the soul [as a reward for observance of the commandments], since that is its natural state.
Now there are thirty-six sins⁴⁷⁸Kerithoth 2 a. for which the Torah prescribed excision as a punishment, many of them being in connection with prohibitions of forbidden sexual relationships, that is to say, forbidden sexual intercourse. Similarly, punishments of death imposed by the court for forbidden sexual intercourse, are sixteen.⁴⁷⁹These are listed by Rambam in his Mishneh Torah, Hilchoth Sanhedrin 15:10-11. But there is no death penalty at all for eating forbidden foods. The reason why these great punishments, such as death by the court and excision [by Heaven] are [imposed] for forbidden sexual relationships, is because immorality is something very abhorrent to the Torah, as is mentioned in this section and in many places of Scripture. The Sages always mention⁴⁸⁰As in Aboth 5:11, Sanhedrin 74 a, etc. “idolatry, immorality, and bloodshed” [as being the three gravest sins], mentioning immorality after idolatry and before bloodshed [thus showing the greatness of the sin, in that it is mentioned immediately after idolatry]. This is like that which the Rabbis have said:⁴⁸¹Sanhedrin 106 a. “The G-d of these people [i.e., the Israelites] abhors lewdness.” There is also one of the great secrets of creation in this matter.⁴⁸²See above, Verse 6. And the Rabbi [Moshe ben Maimon] wrote in the Moreh Nebuchim:⁴⁸³Guide of the Perplexed III, 41. The quotation is not verbatim but expresses the gist of the thought. “Because man’s temptation to sexual intercourse is great, and because of the strong [natural] desire for it, which can cause many stumblings, a great punishment was needed in order to discipline people.” This also is true.
Kedoshim

כי כל אשר יעשה מכל התועבות האלה ונכרתו הנפשות, the reason why the land will spit you out if you violate even only part of these laws is that each one is a sufficiently serious violation in My eyes causing the deliberate perpetrator to be punished with the penalty of karet, total separation from the future of the people of the Jewish nation.

ונכרתו הנפשות העושות מקרב עמם, “all the people committing such violations will be cut off from their people. Nachmanides writes that the penalty known as karet by the Torah, comprises three different aspects. The first type of that penalty is meant when the Torah describes it as applied to ונכרת האיש ההוא, “the man in question will be cut off.” (Example Exodus 30,33, where the making of incense of the kind used in the Tabernacle is punished with this penalty.) The second type of karet is the type described in our verse, and the third type is meant when the Torah prefaces it with the words הכרת תכרת הנפש ההיא עונה בה, (compare Numbers 15,31 where the Torah speaks of people blaspheming deliberately.) There is another, differently worded such penalty mentioned in connection with violating the Day of Atonement in Leviticus 23,30 where the Torah writes והאבדתי את הנפש ההיא, which means the same as והכרתי הנפש ההיא, “I will utterly destroy that person from membership in its people.” The Torat Kohanim explains that the word karet does not always mean that the hereafter of the person, נפש, so punished is automatically forfeited. This is why the Torah in Leviticus 23,30 used a variant. There is a difference in the application of the karet penalty if the person guilty of that particular violation had been driven by a craving to eat forbidden fat or blood, for instance, and that person in his overall lifestyle is very Torah-observant. In such a situation, the many merits he has accumulated protect him against the aspects of the karet penalty that extend beyond death, and he is punished by premature death in this life without losing his share in the hereafter. Shortening such a lifespan usually means death before reaching the age of 60, just as the people of the generation of the Exodus died before reaching 60, hence they had to stay in the desert for 40 years. On the other hand, as we know from personal observation, there are many wicked Jews who live well beyond the age of 60 on this earth. This does not mean that their sins have been overlooked, but that instead of applying that penalty to the physical parts of their lives, G’d has seen fit to reward them for their good deeds with long life on earth so that He does not have to reward them for such deeds after their deaths. The last mentioned group of people comprises most of the gentiles who practice the licentious sexual mores condemned by the Torah, and as a rule, after their physical death they experience painful punishment for a period of up to 12 months after which time their bodily remains are utterly destroyed and their souls are burned, their spirit being scattered under the soles of the feet of the righteous. There is a yet harsher type of the karet penalty in which both body and soul are utterly destroyed. It is applied to people whom the Torah in Numbers 15,30 described asאת דבר ה' בזה ואת מצותו הפר הכרת תכרת וגו', “he deliberately blasphemed Hashem, and violated His commandments. The use of the root כרת twice in that verse means that such people will not only be uprooted from this world but also from all parts of the hereafter. The only sins concerning which this word is used twice are idolatry and blasphemy. Our sages elaborated on this subject still further in tractate Shavuot, saying that also included in this harsh application of the karet penalty are people who deliberately mislead others by interpreting Torah in a manner that contradicts the halachah. Such people will not only die prematurely but they will not have any share in the eventual resurrection of the dead. Nor will they experience life in the hereafter, i.e. a life of the disembodied soul. We should remember that when the Torah uses expressions that deny some people life in the hereafter, this is the best proof of the fact that there exists such life. Otherwise, what does the sinner stand to lose by his rebellious conduct? Verses dealing with such penalties reinforce our belief in reward for good deeds being paid after our life on earth has come to an end. By saying that some souls will be cut off from what awaits them in the hereafter, the Torah is in effect saying that for the ordinary Jew much that is worth looking forward to is in store for them after their bodies have died. The word כרת is meant to conjure up in our minds the picture of a tree some of whose branches and leaves are being chopped off. Instead of the Torah speaking openly of a life in the hereafter, something we are to regard as natural, the Torah warns that sinners of certain categories will be miraculously denied that which is a natural state for the human being who lived in accordance with the Creator’s wishes. We have already explained elsewhere that all the promises of pleasant developments or the threats of disastrous events in the future which are spelled out in the Torah, must not be viewed as natural developments but as proof of Divine intervention in the fates of either the individual or the Jewish nation. This is why the Torah, when warning against violating the legislation involving incest, etc., speaks of the unnatural penalty of unnatural כרת, something which cannot be explained away as a natural development in terms of evolution, regression or whatever. There are thirty six sins which carry the penalty of karet, the vast majority of them involving violations of G’d’s sexual mores for man. Our sages do not tire of lumping together idolatry, shedding of innocent blood, and violating sexual mores, even between what are nowadays called “consenting adults,” as the most serious sins a Jew can become guilty of. Of the three, גלוי עריות, offences involving our libido, is always mentioned ahead of such crimes as murder, to show how abhorrent such a sin is in the eyes of the Creator. Maimonides writes in his Moreh Nevuchim section 3, chapter 41 that seeing man’s libido is a powerful drive, only the threat of terrible punishments is likely to act as a restraining influence on us.

Both male and female are implied. See v. 6 above, “You shall not approach.”

הנפשות, “the souls,” the Torah employs the plural mode to teach us that both parties, i.e. also the woman will be subject to the same penalty from heaven, i.e. G-d will see to it that they will be totally severed from their celestial origin, seeing that our sages basically guarantee that every Jew who did not forfeit it, will have a share in eternal life. [Compare: introduction to first Mishnah of “Ethics of our Fathers.” Ed.]