Behaalotcha and Shlach 2021
Isaac’s Parsha Corner · 2021
The final story in Behaalotcha is that of Miriam’s affliction. It is followed immediately at the beginning of Parshat Shlach with the story of the Spies. The traditional interpretation of these two stories and their connection relates to a general warning against Lashon Harah or slander. “The spies saw the consequences of negative speech and did not learn the lesson”. (Rashi) I want to ask some questions about both stories and maybe shed some light on both. 1/ why, if both Aaron and Miriam spoke against Moshe, was Miriam alone struck with Tzaraat? And 2/ why were the spies killed and not struck with Tzaraat? And 3/ The midrash says that Aaron turned to Moshe to pray for healing because as a relative he was unable to rule in her case. If that was so how did she contract Tzaraat in the first place? All the Kohanim were relatives of Miriam and thus unable to declare her “Tzarua”! And 4/ Why did the spies not learn a lesson from Miriam?
The traditional answer to the first question is that Miriam was the instigator and therefore the guiltier of the two. It still doesn’t explain Aaron’s lack of culpability. I suggested that it would be inappropriate for the Kohen Gadol to be hit with Tzaraat because of the connection to death associated with Tzaraat. “Let her not be like a dead person”. The Kohen Gadol is especially removed from death even in his own family. My niece Shoshanna Halpern suggested that the Jewish nation could not handle the notion that the high priest be smitten with Tzaraat. She argued that we find a similar idea where a Jewish king may not be judged by the court system. The Kohen Gadol would likewise be excluded from Tzaraat.
The pasuk in Parshat Key Tetzeh says “Be careful regarding Tzaraat. Remember what G-d did to Miriam on the way when you were leaving Mitzrayim.” The Sifri asks, “What is the connection between these two consecutive verses? It teaches you that Tzaraat occurs ONLY because of Lashon Harah.” The Ramban famously lists this Pasuk as a commandment not to speak lashon harah. Speaking lashon harah means that you have forgotten the Miriam story. However, neither the Rambam nor the Sefer HaChinuch nor others list this Pasuk as a negative prohibition. Where does the Torah prohibit lashon harah according to the Rambam and the others?
In the Torah we are instructed to remember six stories: the Exodus story, the Amalek story, the Miriam story, the Sinai story, the Sabbath, and our many sins committed in the desert. (Yetziat Mitzrayim, Amalek, Miriam, Horeb (Sinai), Shabbat, Egel Hazahav et al) The term used by the Torah for memory is Zchirah which also means to mention. How do we understand the requirement to “Remember” (Zchirah) contained in the Torah and reflected in the famous six “Remembrances” that are found after the daily Shacharis in many sidurim. As an example the commandment to recite Kiddush on Shabbat is based on the Pasuk in the Ten Commandments: “Remember the Sabbath.” The Torat Kohanim requires verbalization of the memory along with recollection and contemplation of the message contained in each story. The Rambam describes what it means to “Remember” the Miriam story. “On this matter the torah has warned, “be careful with Tzaraat, remember what happened with Miriam. She was both the older sister, the one who raised him, the one who stood and watched for him in grave danger to herself. Yet when she even hinted at negativity towards Moshe, who did not even care, she was punished immediately. How important it is for us to avoid speaking against the great leaders and Rabbis. One thing leads to another and in the end one becomes a “Denier” (Kofer). Instead one should speak only in Torah.” (Laws of Tzaraat 16:10) With this Rambam we understand why Aaron was not stricken (although the Sifri says that he too was stricken, the simple reading is otherwise). Aaron did none of those things, he did not raise Moshe, nor did he save Moshe, so the “lesson to be learned” was from Miriam not Aaron. For the Rambam to “Remember” is to learn the stories well and take them to heart. The prohibition of speaking lashon harah is an amplification of the prohibition to hate your brother in your heart. “You shall not hate your brother in your heart” (Lo Tisnah Achicha Bilvavecha). When hatred is spoken it is lashon harah. Studying and discussing the Miriam story is the polar opposite of lashon harah.
What is further evident from the Rambam is that the object of the lashon harah determines the ultimate response. Hence speech against Moshe, father of all Prophets, and recipient and teacher of the Torah is more likely to generate Tzaraat than words spoken against others. In a similar fashion the speech against the land of Israel was immediately and severely punished.
Please notice that Tzaraat doesn’t always happen after every time lashon harah is spoken. However, if it does happen, it is definitely connected to lashon Harah. The Rambam mentions only lashon harah and none of the other causes mentioned in the Midrash and in the Talmud for Tzaraat.
Rabeinu Yonah, in Chapters of the Fathers, (Pirkei Avot) writes, “a man has nothing that is permanently and truly his or hers other than his or her reputation”. Lashon harah therefore can be understood under the prohibition against murder as one engages in diminishing the essence of a person’s most fundamental and important self namely his or her reputation. As such there is no need for further warning as it is covered: “Thou shall not kill!” (Lo Tirtzach). The recipient of the evil speech is passive and therefore is not guilty of this form of murder. This may explain why Aaron wasn’t punished with Tzaraat. On occasion, the punishment is more severe than just Tzaraat like in the spies who died in a plague. Tzaraat may come without the Kohen, like the Talmud says “although the four capital punishments were abolished with exile of the high court, their punishment has not been abolished.”This explains Miriam’s Tzaraat which came without the requisite observation and declaration of the Kohen.
Despite what we may think we know as to who or what is “worthy” and who or what is not “worthy”, we probably do not know anything. As such it is good advice to avoid discussing who is worthy altogether. It is better to spend time in the Torah Halls studying Torah. The Yerushalmi in Peah says, “There are three great positive commandments and Torah learning is above them all. There are three terrible sins (you know them) and Lashon Harah is above them all.” Each of the three has its parallel. The key comparison, however, is between lashon harah and the study of Torah. During this post Shavuot period it is most appropriate that we focus on the one over the other.
Dedicated to the Memories of Joel, Ira, and Arthur Shulman A’H.