Rav Elchonen Wasserman (Kovetz Hu’arot #19) presents
two ways to understand this law. Either
we can understand that the prohibition applies even to just part of a person’s
body or we can view a partial entering as if there was a complete entrance into
the mikdash. See the Steipler
(ibid) that proves its viewed as if the entire person entered the mikdash.
Tuesday, April 2, 2019
Leaning In
The Gemorah in Zevachim 32b derives from a hekesh in the
4th possuk in this week’s parsha, בכל קדש לא תגע ואל המקדש לא תבא
that there is a hekesh between touching kodesh to entering the mikdash. Just as when part of a person’s body touches kodesh
it makes it tameh, so too it is prohibited for a person to enter
even just part of his body in to the mikdash when he is tamah. According to this view you have to understand
the process of taharah for a metzorah where he puts his hand and
foot into the mikdash to have oil put on it is a special heter based
upon the possuk. The Rambam (Beass
Mikdash 3:18) rules that when one partially enters the mikdash there is
a punishment of makkot mardut. The
נו"כ
are bothered why is there makkot mardut, there should either be Torah
lashes or no lashes depending on what you hold regarding a partial entering of
the mikdash? The Steipler (Zevachim #24) explains that the Rambam rules
that its not considered to be entering the mikdash. However, there is another prohibition of
bringing tumah into the mikdash (see ibid 3:15) and that would be
prohibited even here. So why is there no
punishment of lashes from a Torah law?
He explains that the prohibition applies only to a full object so part
of a person wouldn’t be prohibited but there is a prohibition of חצי שיעור and that will make
the person liable for makkot mardut.
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