Celebrating this Pesach with a Korban

IS THE KORBAN PESACH MORE RELEVANT TO OUR TIMES THAN WE THINK?

Rabbi Chaim Ozer Chait

Rosh Yeshiva, Migdal HaTorah — Israel

In the Rambam’s listing of the sixteen mitzvos that pertain to Korban Pesach^[1], we find a few striking similarities between Korban Pesach and the Mitzvah of Bris Milah^[2]. This would indicate a close relationship and connection between the two. They are the only two Positive Commandments punishable by Kares^[3], they both overide Shabbos (even Pesach Sheini^[4] overrides Shabbos, Korban Pesach is the only Korban Yachid^[5] that overrides Shabbos) and the lack of a Bris Mila (whether by the father or of a member of the household) prevents the bringing of the Korban Pesach. The similarities are more than coincidental. There must be a common theme that runs through both of them. Judaism is a religion that is based on true ideas. At the conclusion of the Shema^[6] we say each day, “I am Hashem (Lord) your God – it is true.” Both of these commandments, i.e. Korban Pesach and Bris Mila, bring man closer to the true ideas of God, by committing ourselves to serve Him wholeheartedly and by abolishment of all forms of Avoda Zara.^[7] (For further insights into Korban Pesach, see my article “Understanding Korban Pesach”) This is why Korban Pesach is so crucial to the Seder night: it is not just the ceremony of the Seder but the understanding that we are committed to achieve the lofty goals of bringing ourselves closer to God through Torah and Mitzvos.

The question that we cannot neglect is, what about in today's time? Is there an obligation to bring a Korban Pesach? The fact that we are all ritually impure does not exempt us from bringing a Korban Pesach^[8] but can we offer Korbanos if the Beis HaMikdash is not present? The Rambam writes,^[9] “Therefore it was permissible to offer all manners of sacrifice (upon the hallowed site) even though there was as yet no temple erected” (although this is centered around a controversial topic of “the first Kedusha (holiness) was conferred on Jerusalem both for the time being and for all time,” most Rishonim^[10] hold like the Rambam^[11] and therefore the Halacha (Jewish law) would follow the Rambam^[12]. Technically speaking, it would therefore be permitted to bring Korbanos today.

We find in the past there were attempts to bring Korbanos by some of our most outstanding scholars. One of the earliest attempts was at the time of the Rishonim; Rabbi Yechiel of Paris one of the Baale Tosafist^[13] (and one of the Teachers of the Maharam of Rothenberg) emigrated to Israel in the year 1260 and made an effort to offer a Korban Pesach(11) (Some say that it wasn't Rabbi Yechiel but a contemporary Rabbi Chaim^[14]). Unfortunately, he was not successful. It has been suggested that he did not fulfill his desire to offer Korbanos because he could not determine the exact location on the Temple Mount where the Mizbeach (Altar) should be located. The Mizbeach must be in a very precise and exact location. The Rambam says, “The site of the Mizbeach was defined very specifically and was never to be changed.”^[15].

Another major attempt was made in the year 1837 when Rabbi Zevi Hirsch Kalischer explored the idea of getting permission from the Sultan to offer Korbanos. He presented this question to his Rebbe, Rabbi Akiva Eiger^[16], who consulted with his son in law, the Chasam Sofer^[17]. In his Responsa, the Chasam Sofer^[18] answered in the affirmative, stating that the Korban Pesach may be offered. His explanation resolved the issues of Kohen Meyuchas (a Kohen who can trace his lineage) as well as Priestly Vestments (of interest he did not talk about the problem of the precise place of the Mizbeach). However, the project was halted after the Sultan began to impose restrictions on Jews entering the Mount.

On June 7, 1967 a major event took place in Jewish history. The City of Jerusalem was liberated, and for the first time in over 2000 years, Jerusalem was under Jewish sovereignty. Brigade Commander Colonel Motta Gur made the most emotional and electrifying announcement of the Six Day War over his communication system, "הר הבית בידינו" “The Temple Mount is in our hands!”^[19]. However, shortly afterwards, the Minister of Defense, Moshe Dayan, ordered to immediately remove the Israeli flag that the paratroopers had raised on the mount. He also gave full authority of the Temple Mount to the Waqf. At that time, the Chief Rabbinate of the State of Israel agreed with this decision, saying that Jewish people may incur Kares³ if they enter the Temple Mount. There was also a desire to show the Arabs that the Jews and Arabs could peacefully live together, thereby hopefully achieving a deal for everlasting peace. (Note: this is the first time in Jewish History that the Jewish people gave the Temple Mount to a foreign people).

Over the years, things have changed a great deal. Peace never came; in fact, it only deteriorated and it seems further from reality than ever. We also have done a considerable amount of archaeological digs around the Temple Mount with great findings and archeologists are confident that remnants of the Beis Hamikdash could be found. In regard to the difficulty of finding the exact location of the Mizbeach, it is possible to resolve. We can calculate its place based on the dimensions of the wall surrounding the Temple Mount. The Temple Mount is exactly 500 cubits by 500 cubits. Once we unveil the surrounding wall the exact size of the cubit is obvious. Furthermore, the Mishnah in Tractate Middoth^[20] mentions that the Chashmonaim buried the stones of the Mizbeach that were used by the Greeks. These stones are probably still under the Temple Mount and locating them would provide the exact measurement of the Cubit, making it possible to locate the precise location of the Mizbeach.

Both, our Torah sources and the findings of the archeologists bring us to the present day questions: What is our obligation today? Does one have to leave Jerusalem before Pesach to avoid incurring Kares³? Even if one leaves, does he still have an obligation to bring a Korban Pesach? Regarding our elected politicians whom will not grant permission to excavate the Temple Mount, is this considered an unwilling act (Ones)? Are therefore we are exempt? Is it sufficient to be apathetic when faced with these questions? It is true there are those who disagree with the Chasam Sofer and Rabbi Akiva Eiger.^[21] Does this now make it a doubtful incursion of Kares and the previous questions are under this rule?

The religious Orthodox and observant population is indeed special. We make earnest attempts to fulfill the Mitzva of Pesach with utmost perfection. But Korban Pesach goes almost unnoticed; we hardly hear a discussion on the topic! A discussion on what should the next step be in furthering the fulfillment of this essential Mitzva is rarely heard. Perhaps we don’t realize how close we are at attaining this momentous goal. Maybe we should change the words of Motta Gur to קרבן פםח בידינו “Korban Pesach is in our hands.”

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^[1] Hilchos Korban Pesach Listing of Mitzvoth (preamble)

^[2] circumcision

^[3] Literally the soul’s being cut off . divine punishment in the form of premature death or loss of the world to come

^[4] The Korban Pesach brought on the fourteenth of Iyur

^[5] Personal Sacrifice

^[6] Recited twice daily in our prayers

^[7] Idolatry

^[8] Rambam Hilchos Korban Pesach Perick 7 Halacha 1

^[9] Hilchos Beis Habechirah Perick 6 Halacha 15

^[10] The great scholars and leaders from the tenth to the fifteenth centuries

^[11] Encyclopedia Talmudic vol. 3 page 234

^[12] Magen Avraham Simon 561 Sif Katan 2

^[13] Talmudic commentary, containing the views of the early European Rishonim

^[14] see Translation of the Rambam by Rabbi Touger Hilchot Beit Habechirah chapter 6 Halacha 15 note

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^[15] Rambam Hilchos Beis Habechirah Chapter 2 Halacha 1

^[16] 1761-1837

^[17] Responsa by Rabbi Mosheh Sofer 1762-1839

^[18] Yoreh Dayah Responsa 236

^[19] The Western Wall Ben-Dov, Naor, Aner page 143

^[20] Chapter 1 Mishna 6

^[21] for a full discussion on this topic see Mahzor Hamikdash for Peash by Rabbi Yisrael Ariel Chapter 28 page 131