Page 10 - HaMizrachi #14 2019 Chayei Sarah USA

Rabbi Hershel Schachter

the first

jewish burial

fter Sarah’s passing, Avraham to sacred items) and those that are because of the greater amount of
Avinu purchased Ma’arat ה ָ ו ְ צ ִ מ י ֵ ׁשי ִ מ ְ ׁש ַּ ת (objects used for the per- words of Torah it contains!
AHaMachpela as her burial formance of a mitzvah) (Megillah 26b).
plot. The Jew lives differently, dies dif- Objects in the former category, such as The same analysis applies to the phys-
ferently, and is even buried differently. Torah mantles and tefillin bags, must ical body as well. In the case of non-
be buried when they become unfit for Jews, whose bodies enable them to
The Torah formulates the mitzvah perform the seven Noachide mitzvot,
to bury the dead in the context of the use since their kedushah (holiness) the physical body falls into the cate-
remains intact. In contrast, objects
verse that refers to a person executed gory of ה ָ ו ְ צ ִּ מ י ֵ ׁשי ִ מ ְ ׁש ַּ ת. Although fully
by beit din: in the latter category, such as a lulav,
shofar, or tzitzit, may be discarded deserving of respect while still able
םי ִ הלֹ ֱ א ת ַ ל ְ ל ִ ק־יִּֽ כ אּוה ַ ה םֹוי ַּ ב ּוּנ ֶ ר ְּ ב ְ ק ִּ ת רֹוב ָ ק־יִּֽ כ when they become unusable, since the to perform the mitzvot, these objects
יּול ָּ ת – “You shall surely bury him on object’s kedushah no longer exists. lose their kedushah when they become
that day, for a hanging person is a The Nefesh HaChayim explains that unfit for use, that is, upon death.
curse of G-d” (Devarim 21:23).
the criterion to determine which cat- In contrast, the body of the Jew,
Rashi explains that a hanging body egory a religious article belongs to is infused with words of Torah learning,
constitutes “a degradation of the King, whether it contains or services written falls into the category of ה ָ ׁ ּ ש ֻ ד ְ ק י ֵ ׁשי ִ מ ְ ׁש ַּ ת.
for man is made in the likeness of His words of Torah. These objects, even when they become
image, and Yisrael are His children.” This is because the root source of all unusable, never lose their kedushah
Rashi’s interpretation alludes to an kedushah is G-d Himself, and the status and require genizah in the form
important point. The verse does not words of Torah are considered to be of proper burial.
mean that since all humans, including a description of His Divine Essence. Even the body of a non-observant
non-Jews, are created םי ִ קלֹ ֱ א ם ֶ ל ֶ צ ְּ ב (in This is why a Sefer Torah has more Jew, through which Torah learn-
the image of G-d), it would be consid- kedushah than tefillin, and tefillin has ing never flowed during his lifetime,
ered a “curse of G-d” to leave the body more than a mezuzah; the object with was still exposed to words of Torah.
uninterred, for the obligation to bury a greater amount of written Torah has The Gemara indicates that an angel
the dead is limited to Jewish bodies. a greater degree of kedushah. Even
Rather, the verse refers to the more within the category of tefillin, the teaches the entire Torah to every
enhanced level of “the image of G-d” shel rosh (of the head) has more kedu- Jewish fetus. Although the newborn
possessed only by Jews, referred to as shah than the shel yad (of the arm), child does not consciously remember
םֹוק ָּ מ ַ ל םיִנ ָ ב – “sons of the Omnipresent” as it contains the additional letter ש the Torah studied in utero, that study
(Avot 3:14). on the outside of its bayit (box). The still makes a subconscious impression,
and this is what endows every Jewish
Since the verse could have been read Rambam writes that the Aseret HaD- soul with the status of ה ָ ׁ ּ ש ֻ ד ְ ק הָּי ִ פּוּג (the
to include even non-Jewish bodies in ibrot (Ten Commandments) engraved sacred item itself) and every Jewish
the burial obligation, as they too were on the original luchot (tablets) were body with the status of ה ָ ׁ ּ ש ֻ ד ְ ק י ֵ ׁשי ִ מ ְ ׁש ַּ ת.
created in the Divine image, what was the very same as those written in
the basis of Chazal’s differentiation every Sefer Torah, implying that the This essay is from “Rav Schachter on
between Jewish and non-Jewish bodies “Author’s Copy” of the original luchot the Parsha.”
in regard to burial? themselves, although priceless, would
not have any more kedushah than
Perhaps the explanation is based on any Torah scroll in our shuls today. Rabbi Hershel Schachter is Rosh Yeshiva
the distinction between religious arti- On the contrary, a Sefer Torah would and Rosh Kollel at Rabbi Isaac Elchanan
cles that are ה ָ ׁ ּ ש ֻ ד ְ ק י ֵ ׁשי ִ מ ְ ׁש ַּ ת (accessories have more kedushah than the luchot Theological Seminary of Yeshiva University

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