
29 Apr TAZRIA METZORAH: A BLIND KOHEN CAN
A Blind Kohen Can’t
Rule On Negaim Even
Though A Kohen
Shoteh Can
The majority of this
week’s parsha deals
with the laws of Tzoraas
(commonly translated
as leprosy, which in truth it is not). In several
places, the Talmud says that Tzoraas comes as a
punishment for a variety of sins. The most
commonly quoted exposition is that Tzoraas
comes as a result of lashon hara. Chazal utilizes
a linguistic exegesis of the word Metzorah
[leper] to teach this idea. They indicate that
Metzorah is a contraction of the words motzi
rah [he spews forth evil].
The Torah teaches: “If a person will have on the
skin of his flesh a s’eis or a sapachas, or a
baheres, and it will become a Tzoraas affliction
on the skin of his flesh; HE SHALL BE
BROUGHT TO AARON THE KOHEN, OR
TO ONE OF HIS SONS THE KOHANIM.
[Vayikra 13:2]. Rashi states: “It is a decree of
Scripture that there is neither impurity of
affliction of Tzora’as nor their purification
except by word of a Kohen.” In other words,
even if the Kohen is not an expert in these laws,
and even if he does not know what he is talking
about (the laws of Tzoraas are indeed
complicated and complex), if the Kohen is told
by a scholar what to say and he parrots the
words of the Talmid Chochom, the blemish is
pronounced tahor [pure] or tamei [impure]
based on the proclamation of the Kohen, not on
the proclamation of the Talmid Chochom who is
not a Kohen.
The Rambam elaborates on this principle in
Hilchos Tumas Tzoraas Chapter 9 Halacha 2:
“Even though anyone is fit to inspect blemishes,
purity and impurity (tumah and tahara) depends
on the Kohen. How so? A Kohen who does not
know what to look for has a scholar inspect (the
blemish) and has the scholar instruct him ‘Say it
is impure’ and the Kohen says ‘impure’; or the
scholar instructs ‘Say it is pure’ and the Kohen
says ‘pure’; or the scholar instructs ‘Put him in
a suspended state for another week’ and the
Kohen puts him in a state of suspension
(masgeero) as it is written ‘based on their
mouths shall be every fight and every blemish’
[Devarim 21:5]. And even if the Kohen is a
minor (katan) or an imbecile (shoteh), the
scholar instructs him and he decides whether
the person is definitely impure, pure, or
suspended further…”
Based on this Rambam, the Minchas Chinuch
speculates whether or not the proclamation
(based on direction of a scholar) of a blind
Kohen regarding a nega would be effective. The
Minchas Chinuch discusses the possibility.
However, it is implicit in the Meiri and also
from Rashi and Tosfos in Sanhedrin 34 as well,
that a blind Kohen CANNOT rule on the status
of Tzoraas, even if so directed by a Talmid
Chochom. This is learned out from the
expression [Vayikra 13:12] “l’chol mar’eh einei
haKohen” (wherever the eyes of the Kohen can
see). Rashi on this pasuk quotes the Toras
Kohanim, Negaim, perek 4:4: “To the exclusion
of a Kohen whose power of vision is impaired.”
Under normal circumstances, it would be
obvious to us that a blind Kohen cannot rule on
such matters of visual determination. However,
in light of the earlier cited Rambam that even a
minor or mentally deficient Kohen can rule
based on the guidance of a scholar, the exclusion
of a blind Kohen is somewhat of a novelty.
What in fact is the difference between a katan
and shoteh on the one hand and a blind Kohen
(sumah) on the other? Why must the Kohen see
the blemish with his own eyes? I saw an
interesting answer to this question from the
Tolner Rebbe. In the Talmud [Sanhedrin 104b],
Rava asks in the name of Rabbi Yochanan: Why
does the letter “Peh” precede the letter “Ayin”
in the third and fifth chapters of Eichah (in
which the pasukim are otherwise arranged in
perfect alphabetical sequence)? Rava answers
that this sequence commemorates the Spies who
spoke with their mouths (Peh) that which they
did not see with their eyes (Ayin). In other
words, they spoke subjectively without basis in
what they had actually witnessed.
This teaching is an insight into Lashon Harah in
general. Many times, Lashon Harah is a crime
of saying something that one has not seen.
Typically, with this kind of gossip, a person sees
something and then jumps to a conclusion and
speaks, not about what he has seen but what he
surmises based on what he has seen. Lashon
Harah is a crime of letting one’s mouth (Peh)
jump ahead of what his eye (Ayin) has seen.
Halevai, we should be able to eliminate all of
our gossip. But if we at least accepted upon
ourselves to cut back on speaking those things
which we have never seen, that would be great
progress in our efforts towards Shmiras
haLashon [Guarding one’s tongue].
Homiletically, the Tolner Rebbe uses this idea
to explain why a Kohen Shoteh can rule on the
status of Negaim, but a blind Kohen cannot. We
want to send a message that “You have to see
it!” If you do not see it, you cannot say “tameh”.
A Kohen Shoteh does not have much
intelligence, but at least he saw it. That gives
him the license to talk about it. A blind Kohen,
who does not see the Negah (like most people
who speak lashon harah without having seen
what they are speaking about), has no license to
speak.