- Torah Portion and Tanach
- Ki Tisa
Question Group #1: Who?
If the shemen hamish’cha (anointing oil) is used inappropriately, is the anointer liable, the anointed, or both of them?
Question Group #2: What?
If someone produces shemen hamish’cha inappropriately, is he liable, regardless how much he produced?
Question Group #3: Where?
Where is the shemen hamish’cha poured?
Where will we find the shemen hamish’cha today?
Parshas Ki Sissa contains the beautiful mitzvah of processing and using the anointing oil, the shemen hamish’cha, a mitzvah with which most people are not that familiar. I should, actually, say “three mitzvos,” since the Rambam and the Sefer Hachinuch note that there are three mitzvos, one positive mitzvah (mitzvas aseih) and two negative (lo saaseh) mitzvos:
(1) A mitzvas aseih (Sefer Hamitzvos of Rambam, Mitzvas Aseih #35; Chinuch, Mitzvah #107) to manufacture, use correctly, and treat this unique anointing oil in a special way.
(2) A lo saaseh not to pour the shemen hamish’cha onto a person who is not to use it (Sefer Hamitzvos of Rambam, Lo Saaseh #84; Chinuch, Mitzvah #108). We will see, shortly, that there are four categories of people who may be anointed with shemen hamish’cha. Anointing anyone else with the shemen hamish’cha violates this lo saaseh; furthermore, it also prohibited to smear or pour the shemen hamish’cha onto the skin of any person, even someone whom it is permitted to anoint with it. Thus, the Gemara states that a kohein gadol who smears shemen hamish’cha on his leg as a balm violates the prohibition of the Torah (Kerisus 7a).
(3) A lo saaseh not to blend a recipe equivalent to the shemen hamish’cha other than that which Moshe mixed (Sefer Hamitzvos of Rambam, Lo Saaseh #83; Chinuch, Mitzvah #109).
Last week’s article devoted itself to analyzing what are the correct components and quantities of the shemen hamish’cha.
At this point, I will explain the details of the mitzvah by addressing and answering our opening questions, the first of which was: Who may be anointed with the shemen hamish’cha?
There are four categories of people who are anointed with the shemen hamish’cha:
(1) All those designated as kohanim, at the time the Mishkan was dedicated.
(2) The kohein gadol.
(3) The kohein meshuach milchamah, the kohein anointed prior to the Jewish people going to war, for the purpose of encouraging them regarding their responsibilities.
(4) A king of the Jewish people who was a descendant of David Hamelech.
We will now examine the halachos of these four categories:
Seven days of dedication
As part of the pomp and ceremony of the seven days of dedication of the Mishkan, the five kohanim at the time, Aharon and his four sons, Nadav, Avihu, Elazar and Isamar, were each anointed with the shemen hamish’cha every day (Vayikra, 3:13 and several times in Chapter 8; Kerisus 5b). During these seven days, all the vessels of the Mishkan were also anointed, daily, with the shemen hamish’cha.
This anointing was limited to the dedication week. Once the Mishkan’s dedication was complete, there was no longer any mitzvah to anoint any vessels or a kohein hedyot. The only use of the shemen hamish’cha, after this point, was to anoint people, and, as such, it was used to anoint only three people:
The kohein gadol
All future kohanim gedolim were also anointed with the shemen hamish’cha, when they assumed their position. However, approximately 25 years before the first Beis Hamikdash was destroyed, Yoshiyahu Hamelech, realizing that it was only a matter of time until the Beis Hamikdash would be destroyed and overrun, hid the aron and everything that it contained, which included the shemen hamish’cha, so that it would not be seized during the churban. The answer is that we do not know where Yoshiyahu buried it, and, until it is found, its location is an unsolved mystery. The Gemara assumes that, at some time in the future, it will be found and used (Kerisus 5b).
The Mishnah (Megillah 9b; Horiyos 11b) teaches that, in the absence of the shemen hamish’cha, there is still a kohein gadol. How is he installed into his position? Donning garments that only a kohein gadol may wear and performing the avodah in the Beis Hamikdash while wearing them elevates him to the position of kohein gadol.
Are there any differences in halacha between the kohein gadol who was anointed with shemen hamish’cha and the kohein gadol who was not? There are some halachic differences between the two, but the vast majority of mitzvos and responsibilities of the kohein gadol apply, whether or not he was anointed with shemen hamish’cha. The Mishnah (ad loc.) reports that the only difference between the two is whether he offers a special korban chatos, should he violate, negligently, a serious prohibition of the Torah. We should also note that not all tanna’im accept even this distinction between the kohein gadol who was anointed with shemen hamish’cha and one who was not (Rabbi Meir, as reported in the Gemara ad locum).
The kohein meshuach milchamah
The Torah teaches that, prior to the Jewish people going to war, a kohein hedyot was appointed, specifically, for a special role of exhorting the people prior to their going to battle and bolstering their spirit (Devarim 20:2-4). This kohein, called the meshuach milchamah, was anointed for his position with shemen hamish’cha. Halachically, he now had an in-between status – he had some of the laws of a kohein gadol and some of those of a kohein hedyot, a regular kohein (see Yoma 72b-73a; Horiyos 12b).
According to several acharonim, when there is no shemen hamish’cha, there can be no kohein meshuach milchamah. However, some acharonim note that Josephus refers to a kohein meshuach milchamah during the war against the Romans, which was several hundred years after Yoshiyahu had hidden the shemen hamish’cha (Minchas Chinuch).
The kings of the Jewish nation, Shaul and Dovid, and those who continued Dovid’s lineage, could be anointed with the shemen hamish’cha. However, in this instance, there is a halachic difference between this anointing and that of the kohanim mentioned above, in two ways. First, the king was anointed with shemen hamish’cha only when there had been some dispute or controversy concerning who would become the new king. For example, since Shelomoh’s older brother Adoniyah had initially contended he would become king after Dovid Hamelech’s passing (see Melachim I, Chapter 1), Shelomoh was anointed, to verify his appointment (Kerisus 5b).
When all accepted the appointment of the new king, he was not anointed, but assumed his position, without this procedure.
The second difference between the anointing of the kohein gadol and that of the king is how the oil is applied to the head of the anointed. When a king was anointed, it was applied in a way reminiscent of a crown, whereas when a kohein gadol or kohein meshuach milchamah was anointed, the oil was applied following a different pattern. There are different girsa’os, texts, to the Gemara that explain what this pattern was, and consequently, a dispute among the rishonim as to exactly how the kohein gadol was anointed, some contending it was in the shape of a crisscross atop his head, others, that it was poured similar to three sides of a rectangle, and still others with various other understandings of the text.
We should note that, at times, a Jewish king not of the family of Dovid Hamelech was anointed, not with shemen hamish’cha, but with a different, special anointing oil that had no sanctity (Kerisus 5b).
At this point, we can answer another of our opening questions: “Where will we find the shemen hamish’cha today?”
The answer is that we do not know where Yoshiyahu buried it, and until it is found, its location is an unsolved mystery. The Gemara assumes that at some time in the future, it will be located (Kerisus 5b).
Will the Moshiach require that he be anointed with shemen hamish’cha? After all, doesn’t the word “Moshiach” mean “the anointed one?”
The answer is that whether the shemen hamish’cha is found before the arrival of the Moshiach or not, he can fulfill his role.
If the oil is used inappropriately, is the anointer liable, the anointed, or both of them?
What is the amount of each of these ingredients, in modern measurements, that this mitzvah requires?
The Torah prohibition is violated only if someone uses the exact quantities of the different oils. However, if someone wants to have a sense of blending the shemen hamish’cha, it is permitted to mix the qualitative equivalent as long as the quantities are not the same. This is different from a similar mitzvah, also mentioned in this week’s parsha, about blending the ketores, the incense burned in the Beis Hamikdash, in which case it is forbidden to mix the same proportions of the ketores, even when the quantities are different.
Why is there this halachic difference between the two mitzvos? The answer is that the ketores was used in smaller proportions, and therefore blending it proportionally is similar to the way it was mixed in the Beis Hamikdashs. The shemen hamish’cha, on the other hand, was never used or made in smaller proportions, and therefore, there is nothing wrong with mixing it in smaller proportions.
Making a blend of shemen hamish’cha for a person’s own personal use.
In truth, the shemen hamish’cha was made only once in Klal Yisroel’s history, and that was when Moshe manufactured it in the Desert.
As we saw above, the Torah prohibited using the shemen hamish’cha for a non-authorized purpose. However, it should be noted that the prohibition is only to use the shemen hamish’cha, itself, that was intended for holy purposes, and not for using a privately-made equivalent. In other words, making a blend of shemen hamish’cha is prohibited min haTorah, but there is no prohibition in using that privately-made blend. The prohibition is only to use the shemen hamish’cha made by Moshe Rabbeinu.
At this point, let us analyze another of our opening questions: If the oil is used inappropriately, is the anointer liable, the anointed, or both of them?
From the Gemara, we see that the anointer is certainly liable. The question is whether the anointed is, also, liable. The Tosefta (Makos 3:1) states that the anointed is also in violation. However, the Rambam does not mention this law, which prompts many acharonim to discuss why he does not.
Toward the end of parshas Ki Sissa, the Torah notes: “Three times a year, shall all your males appear before Hashem, the Master, the G-d of Israel.” This mitzvah focuses our attention on the central importance of the Beis Hamikdash for the Jewish people. Similarly, the shemen hamish’cha is closely connected to the Beis Hamikdash, and its use for the future of Klal Yisroel is primarily to anoint the kohein gadol. Thus, although we cannot observe the mitzvah today, studying its laws reminds us of the significant role that the Beis Hamikdash plays in the life of the Jewish people, and the realization of how much we are missing.
One of Rav Moshe Feinstein’s talmidim related to me the following story that he, himself, observed. A completely red, female calf had been born. Since this is, indeed, a rare occurrence, much conversation developed concerning whether this was positive indication that the Moshiach would be arriving soon, and this would provide the parah adumah necessary to make the Beis Hamikdash, the people and the vessels tahor.
Someone approached Rav Moshe to see his reaction to hearing this welcome news, and was surprised that Rav Moshe did not react at all. When asked further whether Rav Moshe felt that this was any indication of the Moshiach’s imminent arrival, Rav Moshe responded: “I daven every day for the Moshiach to come now. The parah adumah is not kosher until it is past its second birthday. Do you mean to tell me that I must wait two more years for the Moshiach?”
This Shiur is published also at Rabbi Kaganof's site