Negative Commandment 169 (Digest)
A Portion in the Land of Israel for the Tribe of Levi
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi [this includes the priests] are forbidden from taking a tribal portion in the Land of Israel.
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> The 169th prohibition is that all members of the tribe of Levi are forbidden from inheriting a portion of Israel .;)
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> The source of this mitzvah is G‑d's statement;) (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance."
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> In the days of Joshua, Israel was divided up among the various tribes, excluding Levi. The Rambam, Hilchos Shemittah VeYovel, 13:11, holds that the prohibition only covers the portion of Israel promised to Avraham, Yitzchak and Yaakov. They may, however, take a portion of additional lands captured in the past by various Jewish kings.
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> Deut. 18:1.
Negative Commandment 170 (Digest)
The Levites Benefiting from Conquest Spoils
"The Priests the Levites all the tribe of Levi shall have no portion or inheritance..."—Deuteronomy 18:1.
The tribe of Levi, including the priests, are forbidden from taking a portion of the spoils taken during the conquest of the Land of Israel.
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> The 170th prohibition is that all members of the tribe of Levi are also forbidden from taking part of the spoils of war which were taken when Israel was being conquered.
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> The source of this mitzvah is G‑d's statement;) (exalted be He), "The Levitical priests and the entire tribe of Levi shall not have a portion and an inheritance." The Sifri explains, "The word 'portion' refers to spoils of war. The word 'inheritance' refers to the land."
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> It is possible for you to question me as follows: "Why did you count these two prohibitions — against taking a portion of the land and against taking part of the spoils — as separate mitzvos? They are included in one statement, and you already explained before;) that a lav she'b'klalus (inclusive prohibition) counts as one single prohibition!"
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> You must realize that Scripture itself separates the one prohibitive statement into two [in the next verse],;) "And he shall not have an inheritance." They are therefore two separate prohibitions with two separate names: the verse, "The Levitical priests ... shall not have a portion and an inheritance," which prohibits taking part of the spoils, and the verse, "And he shall not have an inheritance," which prohibits taking a portion of the land.
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> Both parts of this prohibition are repeated regarding the kohanim;) when G‑d (exalted be He) said to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them." Our Sages explained;) that "You shall not have any inheritance in their land" refers to when the land was split up; "you shall not have a portion among them," refers to the spoils.
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> Perhaps you will think that these two prohibitions mentioned regarding the kohanim should be counted as two additional mitzvos. However, you must realize that since the prohibition is stated in general terms — "the entire tribe of Levi" — the kohanim are included. The prohibition was repeated regarding the kohanim for additional stress. The same applies wherever both the general law and a particular application are mentioned. The repetition is either to add stress or;) to complete a law which was not fully described in the one prohibitive statement.
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> If we would count G‑d's statement to Aaron, "You shall not have any inheritance in their land, and you shall not have a portion among them," as another prohibition in addition to, "The Levitical priests ...", we would similarly have to count the prohibitions of a kohen gadol to marry a divorcee, a chalalah, and a zonah as three more prohibitions in addition to the three which apply equally to all kohanim, whether kohen gadol or regular kohen.
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> And if someone will counter, "Yes, you should count them separately," we will answer that accordingly, a kohen gadol who marries a divorcee would transgress two prohibitions — one because any kohen may not marry a divorcee, and a second because a kohen gadol may not marry a divorcee. But the Gemara explains in Kiddushin;) that he only transgresses one prohibition. Therefore, it is clear that only the general prohibition is counted, and all other particular prohibitions associated with it come only to teach some particular detail or to complete the law, as we explained in Prohibition 161.;)
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> In this same category belongs the prohibition to the kohanim not to "shave off patches of hair from their heads, nor shave the edges of their beards, nor make gouges in their skin.";) These three prohibitions were already said to the Jewish people in general: "Do not cut off the hair on the sides of your head and do not shave [the edges of your beard];";) "Do not make a bald patch in the middle of your head for the dead;";) and "Do not make gashes in your skin.";) They were repeated regarding the kohanim to completely describe the mitzvah, as explained in the end of tractate Makkos,;) where these three laws are explained. If these prohibitions were counted separately for kohanim and were not just given to completely describe the mitzvah, then a kohen would get two sets of lashes — one for being a Jew and one for being a kohen. But this is not the case; he gets one set of lashes just as any Jew would, as we explained in the proper place. You should understand and know this principle.
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> Ibid.
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> Introductory Principle 9.
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> Deut. 18:2.
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> Num. 18:20.
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> Sifri, Num. ibid.
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> See Kapach , 5731, footnote 44, that the Rav Kook edition changed l'chizuk oh l'hashlomas hadin to l'chizuk u'l'hashlomas hadin, as if there is only one. Chavel translates according to the Rav Kook edition, "emphasize and complete."
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> 77a.
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> See also P165. Ninth Introductory Principle.
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> 9.
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> Lev. 21:5.
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> 10.
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> Lev. 19:27.
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> 11.
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> Deut. 14:1.
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> 12.
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> Lev. 19:28.
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> 13.
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> 20a.
Positive Commandment 183 (Digest)
Providing Cities for the Levites
"They shall give to the Levites . . . cities to dwell in"—Numbers 35:2.
We are commanded to provide the Levites with cities in Israel in which to dwell—considering that they have no tribal portion in the Land.
These cities given to the Levites also serve as "Cities of Refuge" and provide refuge [to inadvertent murderers] under certain unique conditions.
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> The 183rd mitzvah is that we are commanded to give cities to the Levites to dwell in since they have no portion in Israel .
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> The source of this mitzvah is G‑d's statement;) (exalted be He), "Give to the Levites cities in which to live."
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> These Levitical cities also serve as Cities of Refuge, and therefore provide protection under the proper conditions, as explained in tractate Makkos.;)
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> Num. 35:2.
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> 10a.
Negative Commandment 228 (Digest)
Switching the Functions of the Levite Cities' Zones
"But the field of the pasture land of their cities may not be sold"—Leviticus 25:34.
The cities that the Israelites grant the Levites each consist of the actual city, surrounding open areas (1,000 cubits to all directions) and then fields around the open areas (2,000 cubits to all directions).
It is forbidden for the Levites to switch these areas. They may not make the space allotted for a city into an open area, an open area into a city, a field into an open area, or an open area into a field.
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> The 228th prohibition is that we are forbidden from selling the open areas surrounding the Levitical cities.
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> The source of this mitzvah is G‑d's statement,;) "Do not sell the open areas surrounding their cities."
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> You are aware that Scripture;) grants the Levites cities, open areas and fields. The open areas are 1000 amos wide and an additional 2000 amos beyond that are for fields and vineyards, as explained in tractate Sotah.;) This prohibition forbids the Levites from changing these borders. They may not make the space allotted for a city into an open area; an open area into a city; a field into an open area; an open area into a field. The phrase, "Do not sell" is explained in the Oral Tradition as meaning, "Do not change."
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> The details of this mitzvah are explained in the end of tractate Erachin.;)
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> Lev. 25:34.
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> Num. 35:2-5.
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> 27b.
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> 33b.
Positive Commandment 20 (Digest)
Building a Temple
"And they shall make for Me a sanctuary"—Exodus 25:8.
We are commanded to build a Sanctuary to serve [G‑d]. In it we offer sacrifices, burn the eternal flame, offer our prayers, and congregate for the festivals each year.
This is one of the three mitzvot the Jews were commanded to fulfill upon entering the Land—the other two being crowning a king and annihilating Amalek.
Included in this mitzvah are many details—e.g., building a menorah, a showbread table, altars.
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> The 20th mitzvah is that we are commanded to build a Sanctuary to serve [G‑d]. In it we offer sacrifices, burn the eternal flame, offer our prayers, and congregate for the festivals each year, as will be explained.;)
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> The source of this mitzvah is G‑d's statement;) (exalted be He), "Make a Sanctuary for Me."
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> The Sifri;) says, "The Jewish people were commanded three mitzvos upon entering Israel : appointing for themselves a king, building themselves a Sanctuary and wiping out the descendants of Amalek." This wording ["three mitzvos"] shows clearly that building the Sanctuary is counted as a distinct mitzvah.
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> We have already explained;) that this general term ["Sanctuary"] includes many parts. The Menorah, the Table, the Altar, etc. are all parts of the Sanctuary, everything together is called by the name, "Sanctuary," even though the Torah gives a distinct command for each individual element.
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> It is possible for one to entertain the thought that G‑d's statement;) regarding the Altar, "Make for Me an earthen Altar," constitutes a mitzvah separate from that regarding the Sanctuary.;) However, the explanation is as follows: The plain meaning of the verse refers to the era when it was permissible to bring sacrifices on a bamah, i.e., when we were allowed to construct an earthen altar and bring sacrifices upon it in any location.;) However, our Sages, may they rest in peace, explained that it is a commandment to build the altar attached to the ground, and that it cannot be moved around as it was in the desert. They explained this verse in the Mechilta of R. Yishmael:;) "When you enter Israel, make for Me an altar attached to the ground." If so, this does apply to all generations.;)
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> It — building an altar of stones — is considered an integral part of the Sanctuary. The Mechilta;) explains the verse "If you make for Me an earthen altar," as follows: "R. Yishmael says, 'Wherever the Torah uses the word im (if), it is not obligatory, with three exceptions. One exception is, "If (im) you make for Me an earthen altar," which is obligatory. How do we know it is really obligatory? From the verse,;) "You shall build the altar of Hashem your G‑d with whole stones."' "
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> All the details pertaining to this mitzvah — i.e., building the Sanctuary, its shape, its divisions, building the Altar, and all its regulations — are explained in the tractate which deals with it specifically, tractate Middos. The shape of the Menorah, the Table, the Golden Altar and their placement in the Sanctuary are explained in tractates Menachos;) and Yoma.;)
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> See P29, P52, P53, P54.
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> Ex. 25:8.
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> Deut. 12:10.
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> Introductory Principle 12.
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> Ex. 20:24.
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> This is in fact the opinion of the Ramban.
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> Since this was allowed only until the construction of the Holy Temple in Jerusalem, it would not apply for all generations and would not be counted among the 613 mitzvos. See Third Introductory Principle.
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> See Kapach, 5731, footnote 9, from Mechilta D'Rashbi.
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> Therefore, according to the Sages, it does apply for all generations and can be counted among the 613 mitzvos. Which is not the case according to the first interpretation. (See previous footnote.) The Rambam now explains that even according to this explanation, it cannot be counted as a separate mitzvah.
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> Yisro 11, Mishpatim 19.
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> Deut. 27:6.
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> 28a; 97a ff.
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> 33b.