Negative Commandment 68 (Digest)
Off-Limits Areas for the Priests
"That he may not come at all times into the holy place"—Leviticus 16:2.
The high priest is forbidden from entering the Holy of Holies any time other than Yom Kippur, and only when he is then performing the special Yom Kippur service.
The regular priest is forbidden from entering the Holy Temple's sanctuary unless he is discharging a service there [e.g., kindling the menorah, offering incense, or simply entering to prostrate himself before G‑d].
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> The 68th prohibition is that [even] a kohen gadol may not always enter the Temple, due to its exalted status and the awe of the Divine Presence.
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> The source of this prohibition is G‑d's statement;) (exalted be He), "He [Aaron] may not always enter the Sanctuary."
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> There are various categories within this prohibition: a kohen gadol may not enter the Holy of Holies even on Yom Kippur, except for times designated for the service.;) Similarly, a regular kohen may not enter the Temple building (heichal) the entire year, except for when he is performing the Temple service.
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> In summary, this prohibition says that if not performing the Temple service, a kohen may not even enter an area he would be allowed to enter, and at a time he would be allowed to enter, unless he is performing a Temple service — whether a kohen gadol inside the Holy of Holies or a kohen outside.;)
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> The punishment for entering such an area without performing the Temple service [varies]: if he entered the Holy of Holies, there is a [Divine] death penalty. If he entered the Temple building (heichal), he receives lashes.
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> In the words of the Sifra: "The phrase 'He may not always enter' refers to Yom Kippur [— that he may not enter except for the designated times]. The phrase 'the Sanctuary' comes to include the rest of the year. The phrase 'from inside the partition' comes to include the rest of the Temple.;) One might think that the death penalty applies to the entire Temple — therefore the verse adds '[from inside the partition] which faces the Ark, so that he shall not die.' This means that [for entering the area] which faces the Ark [i.e., the Holy of Holies] the penalty is death, but [entering] the rest of the Temple is only a prohibition." Our Sages stated clearly in tractate Menachos,;) "One who enters the Temple building receives 40 lashes."
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> Footnotes
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> 1.
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> Lev. 16:2.
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> 2.
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> The kohen gadol entered the Holy of Holies four times on Yom Kippur. Entering a fifth time is prohibited by this commandment.
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> 3.
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> By this statement, the Rambam evidently wishes to explain why this counts as just one commandment rather than two. See Yad Halevi, footnote 4.
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> 4.
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> See Hilchos Bi'as HaMikdash, 2:2 and commentaries. Heller, footnote 13.
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> 5.
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> 27b.
Negative Commandment 165 (Digest)
A Priest Leaving the Holy Temple Mid-Service
"And you shall not go out the door of the Tent of Meeting"—Leviticus 10:7.
It is forbidden for a priest to leave the Temple while he is in the middle of performing his service.
A high priest may not leave the Temple even if he is an onen, i.e., he is informed that one of his next of kin has passed away.
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> The 165th prohibition is that the kohanim are forbidden from leaving the Temple when they are in the middle of performing the Temple service.
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> The source of this prohibition is G‑d's statement,;) "Do not go out from the entrance of the Communion Tent (pesach ohel moed)." The prohibition is repeated in reference to the kohen gadol in the verse,;) "He may not leave the Temple."
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> In the words of the Sifra: "From the phrase 'from the entrance of the ohel moed' I would think that the prohibition applies regardless of whether or not the Temple service was being performed. The verse,;) 'He may not leave the Temple in order that he not profane' [the Temple service] teaches that the prohibition applies only when the Temple service is being performed. [What is the significance of the conclusion of the verse] 'because G‑d's anointing oil is upon you'? One might think that the death penalty for one who leaves while in the middle of the Temple service is only for Aaron and his sons — who were anointed with this special oil. What is the source to apply this law for all kohanim and for all generations? This verse 'because G‑d's anointing oil is upon you.' "
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> This law contains an extra stringency for a kohen gadol in that he may not [leave the Temple even to] attend the burial [of a close relative]. This is the meaning of the verse, "He may not leave the Temple." This is explained in the second chapter of Sanhedrin,;) which clearly derives the law that he may not attend a relative's burial from this verse, "He may not leave the Temple."
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> From here we learn that he may perform the Temple service even on the day of the relative's death. To quote the statement of our Sages from tractate Sanhedrin:;) "The verse states, 'He may not leave the Temple in order that he not profane' [the Temple service] — however, there is someone else who would profane the Temple service if he would not leave [and instead continue the Temple service]." This refers to a regular kohen, who may not perform the Temple service when an onen. This law which prohibits an onen from performing the service is derived as mentioned above. This principle that a regular kohen is not allowed to perform the service when an onen, while a kohen gadol is allowed is explained in the end of tractate Horios.;)
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> It;) has been made clear that the phrase v'lo y'chalel ("[he may not leave the Temple] in order that he not profane") is a statement that something will not happen [sh'lilah] rather than a prohibition, because his service is not profaned although he is an onen.;)
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> On the simple level, the phrase v'lo y'chalel [has another interpretation: it] gives the reason for the prohibition which immediately precedes it — "He may not leave" in order that "he not profane." According to both interpretations;) this phrase is not counted as a separate commandment, as is clear to all who understand the principles which were given as the introduction to this work.;)
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> We have explained that these three prohibitions — not to grow long hair, wear torn clothing, or leave the Temple — are repeated regarding the kohen gadol in order to convey a particular idea. This is similar to the verses which prohibit [a kohen from marrying] a divorcee, chalalah, or zonah, which are repeated [in reference to the kohen gadol] in order to convey a particular idea.
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> The three areas prohibited by these three laws are the same ones referred to in the verses, "Your heads al tifrau," " Your clothing lo tifromu," and "Do not go out from the entrance of the ohel moed." Moshe Rabbeinu, may he rest in peace, gave them over to Elazar and Isamar, saying, "in spite of your shock over this frightening event [i.e. the death of Nadav and Avihu], those things which are normally forbidden to you do not become permitted. Rather, you remain forbidden from doing all the things you were forbidden from doing beforehand, i.e., allowing the hair to grow long, wearing torn clothing, and leaving the Temple during the Temple service."
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> The repetition in reference to the kohen gadol teaches that the prohibition applies [only] at the time that the Temple service is being performed, and that only at such a time is the [Divine] death penalty in effect. This is similar to the way that the commandment, "Do not go out from the entrance of the ohel moed" is explained by the verse, "He may not leave the Temple.";)
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> Although each repetition of these prohibitions in reference to the kohen gadol is used to derive an additional law, as explained above, nevertheless, they do not increase the total number of mitzvos — as is understood by anyone who understands our introduction.;) This is because each repeated verse is used to teach you that the act is prohibited specifically during the time of the Temple service. One should understand this well.
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> Footnotes
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> Lev. 10:7.
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> Ibid. 21:12.
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> Ibid.
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> 4.
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> 18a.
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> 5.
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> 84a.
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> 6.
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> 12b.
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> 7.
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> The Rambam now proves that the phrase "he not profane" does not count as a separate prohibition, i.e., to not profane the Temple service.
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> 8.
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> Therefore, the verse means to say, "He may not leave the Temple, and may continue to perform the Temple service, and he still does not profane the service, although he is an onen."
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> 9.
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> 1 — that it is a sh'lilah; 2 — that it gives the reason.
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> 10.
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> See Principle 8.
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> 11.
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> See Sifra, beginning of this mitzvah.
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> 12.
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> See the Ninth Introductory Principle.
Positive Commandment 31 (Digest)
Ejecting the Ritually Impure from the Temple Area
"They shall send out from the camp all those afflicted with tzara'at or with a male discharge, and all those unclean through [contact with] the dead"—Numbers 5:2.
We are commanded to expel from the Temple area all those who are ritually impure.
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> The 31st mitzvah is that we are commanded to remove from the Temple people who are tameh.
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> The source of this commandment is G‑d's statement;) (exalted be He), "Send out of the camp everyone who has a leprous mark or a male discharge, and all who are ritually defiled by the dead."
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> The camp referred to [in the desert] is the machaneh Shechinah, which in later generations corresponds to the Temple courtyard, as we explained in our commentary on the Mishneh, at the beginning of Seder Taharos.;) In the words of the Sifri, "The verse 'Send out of the camp' is a prohibition to those who are tameh, that they may not enter the Temple when still in a state of tumah."
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> This mitzvah is repeated in another form in G‑d's statement;) (exalted be He), "If a man is tameh because of a nocturnal emission, he must go outside the camp." The camp referred to in this phrase is the machaneh Shechinah, just as in [the passage quoted above as the source for] this same mitzvah,;) "Send them out of the camp." In tractate Pesachim,;) it is explained, "The verse 'he must go outside the camp' refers to the machaneh Shechinah." In the words of the Mechilta,;) "The verse 'Command the Jewish people to send out of the camp,' constitutes a positive commandment. What is the source for the prohibition? The verse, '[Send them out of the camp] and they shall not defile their camp.' "
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> The Sifra;) states, "The phrase 'he must go outside the camp' constitutes a positive commandment."
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> Footnotes
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> Num. 5:2.
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> Keilim 1:8. There were three levels of holiness in the Mishkan that accompanied the Jewish people in the desert. The lowest was the machaneh Yisroel, the next, the machaneh Leviyah, and the highest, the machaneh Shechinah. In later generations they corresponded to the city of Jerusalem, the Temple Mount, and the Temple courtyard, respectively.
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> Deut. 23:11.
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> Num. 5:3.
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> 68a.
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> See Kapach, 5731, footnote 62, that our versions of Mechilta do not have this passage. It can be found in Sifri Zuta.
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> Deut. 23:11.
Negative Commandment 77 (Digest)
A Ritually Impure Person Entering the Holy Temple
"They shall not defile their camp"—Numbers 5:3.
All ritually impure individuals are forbidden from entering the Holy Temple—i.e., any area in [the sanctuary and] the Holy Temple Courtyard, starting from the Nikanor Gate.
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> The 77th prohibition is that anyone who is tameh is forbidden from entering anywhere in the Temple. In later generations, this corresponds to the entire Temple courtyard, from the Gate of Nikanor and inward, which is the beginning of the Courtyard of the Israelites.
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> The source of this prohibition is G‑d's statement;) (exalted be He), "[Send them out of the camp] and they shall not defile their camp," i.e., the machaneh Shechinah.
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> In tractate Makkos;) it is explained, "Regarding a person who enters the Temple when he is tameh, both the punishment and the prohibition are written. The punishment is from the verse,;) '[Any person who touches the corpse of a dead person...] shall receive kares if he defiles G‑d's Temple [by entering it].' The prohibition is derived from the verse, '[Send them out of the camp] and they shall not defile their camp.' "
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> The Mechilta;) says, "The verse 'Command the Jewish people to send out of the camp' constitutes a positive commandment. What is the source for the prohibition? The verse, 'and they shall not defile their camp.' "
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> This prohibition is repeated with different wording regarding a woman who has recently given birth, "She shall not enter the Temple.";)
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> The Sifra says, "From the verse;) 'You must warn the Jewish people about their impurity, so that it not cause them to die [if they defile the Temple that I have placed among them]' I would think that the same applies both from the inside and the outside," i.e., that if he is tameh, he receives kares even if he touches the Temple from the outside. [The Sifra concludes,] "The Torah therefore says regarding a woman who recently gave birth, 'She shall not enter the Temple.' "
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> There it is explained that the law regarding a woman who has given birth is identical to that of other individuals who are tameh as far as this law is concerned.;)
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> The Sifra also comments on G‑d's statement;) (exalted be He), "If he does not immerse his clothing and body, then he will bear his guilt" — "What does this mean? For not immersing his body, he is punished with kares; for not immersing his clothing, he is punished by receiving 40 lashes. How do we know that this speaks exclusively about someone who is tameh and either enters the Temple or consumes holy offerings? From the fact that it warns, and then indicates the punishment."
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> We have already explained that one who intentionally transgresses this prohibition is punished with kares. If done unintentionally, the person must bring an offering of adjustable value, as we explained in P72.
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> The details of this mitzvah are explained in the beginning of tractate Shavuos, in Horios,;)Kerisus,;) and a number of passages in Zevachim.
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> Num. 5:3.
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> 14b.
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> Num. 19:13.
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> See footnote to P31 above regarding our versions of the Mechilta.
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> Lev.12:4.
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> Ibid., 15:31.
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> We see from this that the law regarding a woman who recently gave birth is included in this commandment, and does not count as a separate commandment.
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> Ibid. 17:16.
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> 9a.
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> 2a.
Negative Commandment 78 (Digest)
A Ritually Impure Person Entering the Temple Mount
"He may not enter this camp"—Deuteronomy 23:11.
All ritually impure individuals [with the exception of individuals impure due to contact with a corpse] are forbidden from entering the Temple Mount.
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> The 78th prohibition is that a person who is tameh is forbidden from entering the machaneh Leviyah, which later corresponded to the Temple Mount, as we explained in our commentary on the beginning of tractate Keilim.;) The prohibition against people who are tameh entering the Temple Mount is explained there.
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> The verse which serves as the source of this prohibition refers to a man who is tameh because of a nocturnal emission, "He may not enter inside the camp.";)
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> The passage;) in tractate Pesachim;) reads: "The phrase 'he must go outside the camp' refers to the machaneh Shechinah," as we explained in positive commandment 31. [Pesachim continues,] "The phrase 'he must go outside the camp' refers to the machaneh Leviyah."
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> "Ravina then asked, 'perhaps both phrases refer to the machaneh Shechinah, and the repetition serves to cover both the positive and negative commandments?!'"
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> [The Gemara answers,] "If so, it could have just written, 'he may not enter inside,'" i.e., "he may not enter inside it.";) [The Gemara continues,] "Why is the word 'camp' repeated? To refer to a second type of camp, i.e., the machaneh Leviyah." This means that even this camp he may not enter.
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> The Sifri;) says [clearly that this phrase counts as a separate commandment]: "The phrase, 'He may not enter inside the camp, 'is a negative commandment."
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> The details of this mitzvah are also explained in our commentary to the beginning of tractate Keilim.
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> Footnotes
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> See footnote to P31.
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> Deut. 23:11.
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> The full verse reads, "He must go outside the camp; he may not enter inside the camp." The Rambam proves that the "camp" referred to in the beginning of the verse refers to the machaneh Shechinah, which is positive commandment 31; while the second "camp" refers to the machaneh Leviyah, which is this commandment.
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> 68a.
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> The Rambam makes this clarification because in Hebrew, removing the word hamachaneh ("the camp") would make the phrase non-sensical.
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> Deut. 23:11.