S.A.L.T. - Sunday

Parshiyot Tazria and Metzora deal at length with the intricate laws of tzara'at.  Do these laws apply nowadays?  At first glance, there appears to be no reason why at least some forms of tzara'at should not.  The Rambam (Hilkhot Tum'at Tzara'at 11:6) rules explicitly that the halakhot of tzara'at inflicted upon one's body apply equally in Eretz Yisrael and in the Diaspora and whether or not the Bet Ha-mikdash stands.  The laws of tzara'at on the walls of houses apply only in Eretz Yisrael (Rambam, ibid., 14:11), while a dispute exists as to whether or not tzara'at on clothing takes effect halakhically outside of Eretz Yisrael (see Minchat Chinukh 172:4).

In any event, no basis seems to exists for rendering the laws of at least tzara'at on one's body inapplicable nowadays. Indeed, the Tiferet Yisrael, in his introduction to his commentary on Masekhet Nega'im, writes that he posed this question to Rabbi Akiva Eiger, who replied that he has no sufficient answer. Rav Yaakov Emden likewise raises this question ("She'eilat Yaabetz" 136).

One basis may emerge from a careful reading of the Rambam's comments in Hilkhot Terumot 7:9.  As the verses clearly indicate, however incriminating a discoloration one may see on his skin, he does not become a "metzora" (someone formally smitten with tzara'at) for halakhic purposes until a kohen declares him as such.  Now the Rambam implies that the laws of ritual impurity relevant to a metzora become binding only through the declaration of a special type of kohen: a "kohen meyuchas."  This term refers to a kohen who can verify his status as a kohen by tracing his lineage accordingly.  The Radbaz, commenting on the Rambam, suggests that for this reason the laws of tzara'at would not apply nowadays, as generally speaking our kohanim cannot prove their priestly lineage.  Any declaration of tzara'at on the part of a kohen today can take effect only as a questionable status of tzara'at.  Since the metzora's purification process involves otherwise prohibited procedures - i.e. cutting one's hair with a razor, we cannot implement these laws given our uncertainty.

The Tiferet Yisrael notes, however, that this approach suffices only for one form of tzara'at: that which develops on one's skin. But what about the other two types, tzara'at on the walls of one's home and on one's clothing?  These forms of tzara'at involve no otherwise prohibited procedures, and should therefore apply today at least in Eretz Yisrael!

The Tiferet Yisrael answers that given the uncertainty of kohanim's lineage today, situations of house and clothing tzara'at are cases of "safek mamon."  Meaning, based on the declaration of a possible kohen, the given individual would have to destroy his clothing or house.  Since the Jewish authorities cannot extract property from someone without establishing his obligation beyond doubt, even these forms of tzara'at cannot apply in contemporary times.

         *****************

<<PREVIOUS DAY'S SALT     NEXT DAY'S SALT>>

Our SALT Archives house nearly two decades of divrei Torah. Click here. 
More recent SALTs can be found by searching for SALT in our Advanced Search box, along with the parsha name. See below for an example.