The possuk in our parsha (13:46) says that a metzorah
must be sent outside the camp. The
Mishna in Kelim 1:7 says that there is a level of kedusha to walled
cities of Eretz Yisroel in regard to those afflicted with צרעת are sent outside. How does the Mishna know that a walled city
is considered to have the same status as the encampment in the midbar? The Rash explains based upon a safra that
Yehoshua was mekadash all walled cities to have the status as the
encampment in the midbar.
However, the Rambam in his commentary to Kelim 1:8 and in Beas Mikdash
3:2 says that the machana yisroel is defined as from the opening of
Jerusalim until the har habais.
Based upon this understanding the Rambam (Beas Mikdash 3:8) rules that a
metzorah that enters Jerusalim receives a punishment of lashes but if he
enters a walled city there is no punishment of lashes. Rashi
Pesachim 67a ד"ה
לפנים disagrees and holds there is lashes even for entering inside
walled cities. He would hold like the
Rash that all walled cities are considered מחנה ישראל (See Zichron
Shmuel #79.)
Tosfos Berachos 5b holds that the law of a metzorah being
sent out of walled cities doesn’t apply when there is no yoval and the
laws of a walled city doesn’t apply as the Gemorah in Arachim 29a says
regarding a sale of a property in a walled city. Rashi disagrees and holds it applies even
when there is no yoval. The
Rashba defends Rashi that a metzorah being sent out of the city isn’t
dependent on its status in regard to buying and selling rather on the kedusha
of the walled city and that continues because Ezra was mekadesh it
even לעתיד לבא. Tosfos holds that the metzorah is sent
out of what is defined as a walled city.
Rashi holds that the metzorah is sent out of what has the kedusha
of machane yisroel.
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