Wednesday, March 27, 2019

Entering The Temple Drunk

Tosfos Kerisus 12b says the prohibition of a kohan after drinking only applies if he served avodah but to merely enter the mikdash there is no prohibition.  This is the opinion of the Ramban (on the possuk 8:9 and in his attacks on sefer hamitzvot lavin #73.)  (One should note that there is a rabbinic prohibition merely to enter the Mikdash.) The Rambam (ibid) and in Beas Mikdash 1:15 holds that there is a prohibition even to merely enter after drinking.  The Rambam holds the entering to the עזרה alone is prohibited for a kohan that grew his hair long or had his clothes ripped as well. In Sefer Hamitzvot #73, #163 and #164 the issurim of a kohan drinking wine and serving, growing long hair and ripping their clothes, he says the prohibition is to enter the Mikdash that way.  However, the prohibitions for a zar to serve or a kohan when he is tamah #74-76 he says the prohibition is to serve in the Mikdash. 

The Achronim (Bad Kodash, Mases Moshe Pesachim) point out that we see that the Rambam holds that even though the חיוב מיתה is only for serving in the Mikdash, it is entering the Mikdash with a תנאי  of doing avodah that causes the מיתה, not the avodah itself.  

The debate between the Rambam and Ramban is if what it says in the Mishnaos in kelim about the numerous maalos that exist in parts of the har habais if it’s a Torah law or a rabbinic law (see Yoma 44b.)

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