Herem (priestly gift)
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In the
This law is one of the
According to
Etymology
In
The word "devoted" (herem) is understood by
Sources
The first of two sources of the commandment is stated in
Notwithstanding no devoted thing, that a man shall devote unto the LORD of all that he hath, both of man and beast, and of the field of his possession, shall be sold or redeemed: every devoted thing [is] most holy unto the LORD.
— Leviticus 27:28,KJV
A second source, however, explicitly instructs that the devoted thing be given to the priest;
Every thing devoted in Israel shall be thine.
— Numbers 18:14
To reconcile the seemingly incompatible instructions in the Biblical verses, the Tosefta explains them as detailing two types of devoted things: hermei gavoah (devoted things specifically consecrated by their owner to the Temple in Jerusalem) and hermei kohanim (devoted things to be given the priest, as the estate or object was not designated by its owner to the Temple in Jerusalem).[8]
"Devoted property" in the territory of Joseph
Ideas behind the commandment
The Sifra describes the commandment to devote things as enabling the Israelite to perform a commandment with objects that otherwise do not have a commandment attached to them, e.g. a non-kosher animal other than the firstborn of a donkey; by way of the Israelite making his possession thereof herem he elevates it to holiness.[10]
Maimonides describes the act of creating a "devoted" estate a worthy act, since it goes against the sin of miserhood. In addition, he also categorizes the initiation of devoted goods by an Israelite as an act of respect and honor to the God of Israel.[11]
Raya Mehemna (a conversation between Moses and Elijah found as an addition to the Zohar) describes herem as rectifying and healing the negative emotion of anger the initiator of a devotion of property may possess.[12]
The Sifre argues that the priests' right to herem is a reward for Jochebed (mother of Aaron, the first priest) for rescuing the infants of Israel from the pharaonic decree of infanticide of Israelite newborns:
"And Kotz gave birth to Onuv and to HaTzovevah and the families (of) Acharcheil the son of Harum"[13] - "son/child of Harum"[14] refers to Jochebed, as it is written: "All herem in Israel shall be yours"[15]
— Sifre to Numbers 10:29
Rabbinic laws
Undesignated herem
Opinions differ as to what is done with herem in cases where the initiator of herem did not designate whether the property is consecrated to the Temple or to the priests (stam herem). Maimonides opines that this undesignated herem be given the priests by default. Maimonides further states that undesignated devoted property is considered mundane (hullin) and may be used by the priests for personal needs. This is in contrast to the case where the person does designate his herem to be given the priests, in which case the herem retains a holy (kodesh) state and cannot be used for personal needs.[16]
Dispension to the mishmaroth
Allocation of herem may depend on the type of the object devoted; whether it is real estate or goods. According to Rav Sheshet, devotion of real estate is considered one of the four priestly gifts that is divided among the serving priestly division (mishmar kehuna), while tangible devoted goods are appropriated even to an individual priest not currently in active Temple service.[17]
In modern times
The herem commandment, although practice infrequently today, still has halakhic implication in modern times:
In the diaspora
Considering that herem is listed as one of the ten priestly gifts that can be given to a priest outside of Jerusalem (similar to the
References
- ^ Leviticus 27:28 et al.
- Talmud BavliHullin
- ^ Tosefta Hagigah 1:11
- Brown Driver BriggsHebrew Lexicon
- ^ Rambam l'am, hilkhoth arakhin v'hromin chap. 6 note 2. Mossad Harav Kook, Jerusalem
- Targum Yonathanto Isaiah 43:28
- Samuel ben MeirCommentary on Numbers 21:2
- ^ Tosefta Arachin 4:13
- ^ Malbim on Joshua 24:33
- ^ Sifra 42b as quoted in Midrash HaGadol to Leviticus 8:25
- ^ Maimonides Mishneh Torah, hilkhot arakhin vehromim 8:12
- ^ Raya mehemna 3 p. 179a
- ^ 1 Chronicles 4:8
- ^ Here the Mishna employs an exegesis on the name "Harum" by interchanging the Hebrew letter ה with a ח as they are both gutturally produced
- ^ Numbers 18:14
- ^ Maimonides Mishneh Torah, Hilkhot arakhin v-cheremin 6:1-4
- Hallah27b
- Ulla, quoted in Arakhin 29a)
- ^ Solomon Luria on Bava Kamma end of minor chapter 35