Purpose of the Beheaded Heifer Ritual/2

Purpose of the Beheaded Heifer Ritual

Exegetical Approaches

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Utilitarian: Discover the Killer

The ritual and its various components are all meant to aid in finding the unknown murderer.

Sources:Targum Yerushalmi (Yonatan)Devarim 21:1:1-9About Targum Yerushalmi (Yonatan), R. Yosef Bekhor ShorDevarim 21:1-9About R. Yosef Bekhor Shor, RambamHilkhot Rotzeach uShemirat haNefesh 9Hilkhot Rotzeach uShemirat haNefesh 10Moreh Nevukhim 3:40About R. Moshe b. Maimon, ChizkuniDevarim 21:2-9About R. Chizkiyah b. Manoach, Sefer HaChinukh530About Sefer HaChinukh, R. BachyaDevarim 21:1-9About R. Bachya b. Asher¹

Natural or miraculous? These commentators disagree whether the killer is to be found via natural or supernatural means:

• Natural – The majority of these commentators suggest that the publicity generated by the ritual will motivate people to search for the killer and gather information that will aid in the investigation.
• Miracle – Both Targum Yerushalmi (Yonatan) and R. Bachya maintain that the ritual will miraculously lead to the murderer, either as a trail of worms leads from the heifer to the culprit, or as the heifer himself walks to the house of the murderer.

Need for the ritual – According to this approach, the very existence of a unique rite leads people to talk about the killing, making it more likely that some information will be revealed that will aid in finding the killer.  Many of the details of the rite are understood to serve this same goal:

• Closest city – The rite is performed by elders of the closest city since the murderer was most likely from there and it will be those townspeople who might know something of the murder.
• Calf – A cow was chosen to be killed since it is a large animal, attracting more attention and, hence, more publicity (Sefer HaChinukh).
• Beheading – The cow is killed specifically via beheading as this is a particularly gruesome death which will shock the people, generating more discussion of the killing.

Incentive – Rambam and Abarbanel suggest that other aspects of the rite were chosen to serve as incentives to look for the murderer:

•  נַחַל אֵיתָן אֲשֶׁר לֹא יֵעָבֵד בּוֹ וְלֹא יִזָּרֵעַ – R.Bachya brings an opinion that "נַחַל אֵיתָן" refers to rich, fatty land, while Rambam asserts that it refers to a river with raging waters, perhaps also assuming that the nearby land would be good for growing crops. Both understand "אֲשֶׁר לֹא יֵעָבֵד בּוֹ"  to mean that the land shall not be sown in the future. As such, the directive serves as an incentive to the owner of the land  to find the killer, lest he lose the ability to work his otherwise productive land.
• Killing the calf – Abarbanel suggests that the killing of the calf is symbolic of the potential punishment to be meted out to the people in wake of the unsolved murder; their cattle too will die. Fear of punishment will motivate the people to search for the culprit.

Elders and Priests – As this approach minimizes the cultic and atonement aspects of the rite, one might not have expected priests to take part. These commentators might suggest that the priests join the elders not because of their cultic role, but because they, too, have judiciary duties. The verse emphasizes that they are those by whose mouth "יִהְיֶה כׇּל רִיב וְכׇל נָגַע", highlighting their role in deciding disputes and dealing with assaults.² SfornoDevarim 21:4-9About R. Ovadyah Sforno adds that due to this task, they are familiar with human nature and might be privy to inside knowledge, making them suitable candidates to help find the killer.

יָדֵינוּ לֹא שָׁפְכוּ אֶת הַדָּם

כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל – As this approach does not view the rite to be one of atonement, these words needs to be explained.

• These commentators might suggest that this is nonetheless a secondary goal of the rite. Even if the leaders cannot be held responsible for the murder, they might be responsible for not bringing the murderer to justice. When the elders request "אַל תִּתֵּן דָּם נָקִי בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל" they might be praying that Hashem help them find the killer, and it is that act (and not the rite itself) which will absolve them of responsibility.
• See Minchat YehudaDevarim 21:8About R. Yehuda b. Elazar (Minchat Yehuda) who goes further to suggests that actually the elders are not requesting atonement at all, proposing that the word "כפר" here means "reveal", with the elders requesting help from Hashem in finding the murderer.  As evidence of such usage, he points to Yeshayahu 28:18, "וְכֻפַּר בְּרִיתְכֶם אֶת מָוֶת", but it is questionable if that is the meaning of the verse.³ 

"וְאַתָּה תְּבַעֵר הַדָּם הַנָּקִי מִקִּרְבֶּךָ כִּי תַעֲשֶׂה הַיָּשָׁר" – R"Y Bekhor Shor explains that Hashem says that if the ceremony is performed, then the innocent blood will be avenged, for the killer will be found as the incident is publicized. One could alternatively say, as do, that this is a directive than if/when the killer is ultimately found, one must kill him.

Parallel cases

Context

Repentance and Atonement

The ritual is one of atonement, meant either to cleanse the land from the blood of the innocent, or to atone for the people / leaders who might be partially responsible for the death..

For the Land

Acts of murder defile the land, which can only be cleansed though the blood of the killer. When the killer is unknown and cannot be brought to justice, the ritual is necessary to cleanse the land.

Sources:ShadalDevarim 21:1-7About R. Shemuel David Luzzatto

Death defiles – Bemidbar 35:33 explicitly states that blood defiles the land and can only be purified through the blood of the killer: "וְלָאָרֶץ לֹא יְכֻפַּר לַדָּם אֲשֶׁר שֻׁפַּךְ בָּהּ כִּי אִם בְּדַם שֹׁפְכוֹ".

Heifer

• Substitute for murderer - This approach might suggest that the rite is meant to substitute 
• Sacrifice

Nachal eitan 

• The goal of 

For the Nation/Leaders

The rite atones for the nation's shared responsibility in the death.

Sources:

Mishna SotahSotah 9:6About the Mishna, Yerushalmi SotahSotah 9:6About the Yerushalmi, Bavli SotahSotah 45bSotah 46a-46bAbout the Bavli RashiDevarim 21:4-9About R. Shelomo Yitzchaki, RambanDevarim 21:4-8About R. Moshe b. Nachman, RalbagDevarim 21:7-9Devarim Toalot 21:6About R. Levi b. Gershom, R. David Zvi HoffmannDevarim 21 IntroductionDevarim 21:7-9About R. David Zvi Hoffmann Tzror Hamor

"כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל" – The prayer, "Forgive, Hashem, Your people" implies that the rite focused on attainment of atonement.

Declaration of Innocence

• Ralbag suggests that the elders' declaration of innocence is really an apology, since even though they did not actively spill blood, they are nonetheless responsible as they should have taught the nation better, ensuring that all were following the Torah's values, and thereby prevented such a horrendous deed.
• Alternatively the leaders declare that they did not inadvertently contribute to the murder by either not accompanying the victim and thereby leaving him unprotected or

A calf that has not been worked

Beheading

נַחַל אֵיתָן

Unsown land

Communal Responsibility

The ritual is meant to shock the people to ensure they never remain complacent in face of loss of life, but rather feel a level of communal responsibility for their fellow.

Killing of the calf

Beheading

Why a calf?

Elders and priests – Both the elders and priests are needed for the ceremony since the murder constituted both a crime against society and a spiritual sin against Hashem.  The elders take responsibility for their failure to protect life, while the priests highlight the need to ask forgiveness and gain atonement.  Together they reaffirm the value and holiness of life and reflect on their communities role in maintaining it.

Prevent Scapegoating

The ritual is meant to prevent scapegoating and the killing of innocents that might result from the people's zeal to find a culprit so as to prevent potential collective punishment.⁴

Sources:Minchat Yehuda, ShadalDevarim 21:1-7About R. Shemuel David Luzzatto #2

¹ R. Bachya brings several ways of understanding the ritual; this is one which he cites in the name of Rambam and then also "על דרך המדרש".

² It is not clear, however, why their role in blessing the nation is singled out.

³ The root more often means to cover (or remove), the exact opposite of what he suggests.

⁴ In other words, without a ritual that could atone for the death, in their zeal to find who is responsible so as to prevent possible collective punishment, the people might be quick to punish an innocent.