When Were Private Altars Prohibited/2

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When Were Private Altars Prohibited?

Exegetical Approaches

Overview

Post Conquest

Altars for individual sacrifice were prohibited from the period after the conquest and on.

Where is Hashem's "chosen place"? According to this approach, this includes the various sites of the Tabernacle (Shiloh, Nov and Givon) and the Mikdash in Yerushalayim.2
Reason for prohibition – These sources do not address the issue directly but one might make several suggestions:
  • Prevent idolatry – This position might connect the prohibition to the practice's similarity to idolatrous worship.3 If so, it is logical that there should be no periods of permissibility and the years of the conquest were the only exception either because at the time there was no Mishkan at all, or because it was inaccessible.
  • Sacrifices only in Hashem's dwelling – Alternatively, this approach might posit that the establishment of the Tabernacle itself precluded worship outside of its domain, and the ban began with its completion and continued thereafter. As above, the 14 years of conquest were exceptional only because war prevented the building's construction.4
Multiple mentions of the obligation – This approach would likely assert that the doubling is either for literary purposes5 or simply for emphasis.
"אֶל הַמְּנוּחָה וְאֶל הַנַּחֲלָה"
  • Site of Shiloh – R. Yishmael's school asserts that both terms refer to the city Shiloh, the site in which the nation rested (הַמְּנוּחָה) after the conquest and in which the inheritances (הַנַּחֲלָה) were given out.6
  • Era of Peace – According to Yefet the terms do not refer to a specific place but to the era of peace and inheritance which followed the conquest.7
"וְהֵנִיחַ לָכֶם מִכׇּל אֹיְבֵיכֶם... וִישַׁבְתֶּם בֶּטַח" – Yefet maintains that the enemy mentioned refers to the seven nations. The security is the status that was achieved after the wars of conquest. As proof that there was "rest" already at this time, he points to Yehoshua 21:42.8
"וַעֲבַרְתֶּם אֶת הַיַּרְדֵּן" – This position would suggest that the verse is emphasizing that soon after entry into the land the prohibition applied.
"אִישׁ כׇּל הַיָּשָׁר בְּעֵינָיו" – According to Yefet this phrase does not relate to the laws of private altars at all9 but rather to other commandments that were not kept in the desert due to their status as "commandments that are conditional on the Land of Israel". Thus, in the desert the people were not obligated to bring tithes and firstborns or to make pilgrimages; all they brought to the Tabernacle were voluntary offerings (אִישׁ כׇּל הַיָּשָׁר בְּעֵינָיו). This is in contrast to what would be expected of them in the Land (the list of offerings mentioned in verse 6).10
The altar of the 2½ tribes – The nation's anger at the 2½ tribes for setting up an alternate altar might support the fact that such private altars were already prohibited after the conquest.11
Private altars throughout Neviim
  • הוראת שעה – The Bavli only discusses the case of Manoach explicitly, suggesting that he was acting upon a one time command (הוראת שעה) which overrode the prohibition against private altars.12 This position would likely maintain that all the other cases of private altars were similarly mandated by Hashem as one time exceptions to the rule.13
  • Special dispensations in Hashem's presence – Yefet suggests that the ban on private altars had several general exceptions which are learned from Shemot 20:20. According to him,14 the verse states that one can build a stone or earthen altar "בְּכָל הַמָּקוֹם אֲשֶׁר אַזְכִּיר אֶת שְׁמִי" ("in any place where I will mention My name") which would include: (a) any site in which there was a direct command to sacrifice,15 (b) any place in which God's presence or an angel appears,16 and (c) any site where the Ark or another vessel from the Tabernacle or Temple is present.17
Altars of earth in Shemot 20 – R. Yishmael's school would likely suggest that the verse refers to the altar of the Tabernacle and is unrelated to permitting private altars. According to Yefet, in contrast, this verse points to the specific instances in which one is allowed to build private altars despite the general prohibition. See Altars of Earth, Stone, and Wood for elaboration.

After Building the Beit HaMikdash

Private altars were permitted until the period of the Davidic monarchy, but with the building of the Beit HaMikdash they were no longer allowed.

Where is Hashem's "chosen place"? This refers only to the site of the Beit HaMikdash in Yerushalayim.
Reason for prohibition – This position might posit that it was the selection of a permanent site for Hashem's dwelling in the form of the Beit HaMikdash that created a need for exclusivity.18 Once Hashem chose an eternal abode, it would be disrespectful to worship elsewhere.19 According to this position the peace and security mentioned in the verses do not create the prohibition but simply define the period in which Hashem chose His permanent home.20
Multiple mentions of the obligation – This position would likely assert, as above, that the repetition is connected to literary concerns and does not connote any difference in obligation during different eras.
"אֶל הַמְּנוּחָה וְאֶל הַנַּחֲלָה" – Both terms refer to Yerushalayim. The Bavli explains that the city is so described because it is an eternal inheritance and the resting place of the ark. Alternatively, the phrase is parallel to verse 10 and simply connotes an era of security.21
"וְהֵנִיחַ לָכֶם מִכׇּל אֹיְבֵיכֶם... וִישַׁבְתֶּם בֶּטַח" – According to this position, this peace was first achieved in the time of David and Shelomo and is attested to by the linguistically identical description of David's era as a time in which "וַה' הֵנִיחַ לוֹ מִסָּבִיב מִכָּל אֹיְבָיו"‎.22 After the conquest, in contrast, the nation was still beleaguered by war as seen in the constant battles during the era of the Judges.
"וַעֲבַרְתֶּם אֶת הַיַּרְדֵּן" – As the Mikdash was only built many years after crossing the Jordan, this position might assert that the initial plan was to choose the site and build the Mikdash soon after entry, but due to sins or other circumstances the choice and building was delayed.
"אִישׁ כׇּל הַיָּשָׁר בְּעֵינָיו"
The altar of the 2½ tribes – Given that altars were permitted during this period, it is difficult to understand why the nation was angered that these tribes built an altar "מִבַּלְעֲדֵי מִזְבַּח ה' אֱלֹהֵינוּ". This position could answer that they worried not about the legality of the deed but its appearance as a divisive act of rebellion against Hashem and the rest of the nation.
Private altars throughout Neviim – Since this position asserts that such altars were permitted until the reign of Shelomo, the altars built by anyone previously23 are not problematic.
Altar of Eliyahu – This approach might suggest that Eliyahu, who lived after the ban was implemented, was acting in accordance with a special one time command.24
Altars of earth in Shemot 20 – This position does not address the verses in Shemot.

Intermittent

The prohibition was in place at intervals. During the conquest and when the Mishkan was in Nov and Givon these altars were permitted, but when the Mishkan was in Shiloh and when the Beit HaMikdash was established they were prohibited.

Where is Hashem's "chosen place"? Most of the sources do not address the issue directly , but would likely suggest that it refers to both Shiloh and Yerushalayim.25 R. D"Z Hoffmann asserts that the phrase does not refer to any specific place but is simply emphasizing that Hashem's place of worship will be chosen by Him, unlike the hill tops which were chosen by human idolaters. He suggests that the first such chosen place was Shiloh, as Yirmeyahu states, "לכוּ נָא אֶל מְקוֹמִי אֲשֶׁר בְּשִׁילוֹ אֲשֶׁר שִׁכַּנְתִּי שְׁמִי שָׁם בָּרִאשׁוֹנָה"‎.26
Reason for prohibition
  • One God, One Temple – R. Yosef Bekhor Shor relates the prohibition to a fear of idolatry,27 while Ralbag and R. D"Z Hoffmann assert, inversely, that the oneness of Hashem mandates a single place of worship.28 R. Hoffmann emphasizes, though, that such centralized worship, could only take place in an era of security.
  • Altars only in Hashem's dwelling – Others might suggest, like the first approach above, that with the building of a dwelling place for Hashem (Tabernacle/Mikdash), individual worship outside on private altars was forbidden.29 To be considered such a dwelling place, though, the structure needed to house the ark, for a Tabernacle missing the ark it was built to house, is in effect incomplete.30
  • Permanent dwelling – Alternatively, it is only the building of a permanent dwelling of Hashem which mandates an exclusive worship site.31 More temporary houses are perhaps not all that different from the temporary altars built by private individuals and so, in those eras, both could be allowed.
What distinguished Shiloh and Yerushalayim? – The commentators disagree regarding the factor which differentiated Shiloh and Yerushalayim from the other sites. The opinions match the reasons given above for the prohibition:
  • Era of peace – R. D"Z Hoffmann asserts that centralization of worship could only take place in times of peace, when wars would not impede the nation from traveling to/constructing a permanent site of worship. Thus, only during the relatively quiet era of Shiloh and the peaceful reigns of the Davidic monarchy was the nation expected to serve solely in the Mikdash. At other times, private altars, of necessity, were allowed.32
  • Presence of a complete Tabernacle – R. Yosa in the Yerushalmi Megillah,33 and later the Meshekh Chokhmah, posit that whenever the ark resided in the Mishkan/Mikdash (as it did in Shiloh and Yerushalayim) outside altars were prohibited; otherwise they were permitted.34
  • Permanence – A third distinction might relate to the relative levels of permanence of each of the structures. The Tabernacle of Shiloh and the Mikdash both existed for about 400 years while the other sites were much more temporary.
Multiple mentions of the obligation – According to Rebbe in the Sifre,35 Rashi, and the Keli Yakar, the doubling might be explained by positing that each mention refers to a different time period. While verses 5-7 refer to the period of Shiloh, the later verses refer to the Mikdash in Yerushalayim.36
"אֶל הַמְּנוּחָה וְאֶל הַנַּחֲלָה" – Most of these sources assert that "הַמְּנוּחָה" refers to Shiloh and "הַנַּחֲלָה" to Yerushalayim37 The choice of two distinct terms teaches that the verse is referring to two separate places and time periods. The period in the interim had its own status, and is not included in the ban on private altars.38
"וַעֲבַרְתֶּם אֶת הַיַּרְדֵּן" – R. D"Z Hoffman maintains that Shiloh had the potential to be the first and final "chosen place" of Hashem, in which case the prohibition would have set in soon after crossing the Jordan, and remained permanently thereafter. Due to the nation's sins, though, Shiloh was destroyed.
"וְהֵנִיחַ לָכֶם מִכׇּל אֹיְבֵיכֶם... וִישַׁבְתֶּם בֶּטַח"
  • Shiloh and Yerushalayim – R. David Zvi Hoffmann claims that the verse can refer to the periods of both Shiloh and Yerushalayim. Though full security was only attained with the Davidic monarchy, there was relative peace in the period after the conquest as attested to by the very name Shiloh, or tranquility.39 Both these eras are described later, using language whiich is almost identical to that in Devarim, as ones in which Hashem gave the nation rest from their enemies.40The periods in between, in contrast, were plagued by wars against the Philistines and other enemies.
  • Only Yerushalayim Rashi, in contrast, asserts that this verse refers only to the era of David and Shelomo, in which full peace reigned. Shiloh is referred to only in the earlier verses (which make no mention of security) .41
"אִישׁ כׇּל הַיָּשָׁר בְּעֵינָיו" – These commentators offer a variety of ways of explaining this phrase and what it refers to:
  • Doing as one pleases in Gilgal – The Sifre, Rashi, and Ralbag assert that the phrase refers back to the time period mentioned in Devarim 11:31, the crossing of the Jordan. Thus, the verse is contrasting the era of the desert when one brought all sacrifices to the Mishkan, with the period of Gilgal when one could "bring what he pleased" on private altars.42 Thus the verse would read: "Don't do [in Gilgal] as we do today [in the desert, where all sacrifices are brought to the Mishkan], [but rather] each man can do as he pleases."
  • Doing as one pleased in the 40th year
    • R. D"Z Hoffmann suggests that after the conquest of the eastern side of the Jordan, the original desert prohibition on private altars was nullified.43. Moshe thus, contrasts the practice of the nation in his present time, who "did as they pleased" (establishing private altars at will) with the renewed prohibition in the Land, where they would no longer be able to do so.
    • R. Yosef Bekhor Shor explains like Yefet above that the verse is not speaking about altars at all, but rather contrasting the period in the desert where the nation was not obligated (אִישׁ כׇּל הַיָּשָׁר בְּעֵינָיו) in commandments that were conditional to the land, with the era in Israel where they would be.
Private altars throughout Neviim
  • Altars in Sefer Yehoshua – The anger of the nation at the 21/2 tribes for building an altar on the Jordan might support the idea that at this time, when the Tabernacle was in Shiloh, such private altars were forbidden.
  • Altars in Sefer Shofetim – The altars built by Gidon, Manoach, and the nation both in Bochim and later in Beit El are problematic as these were all constructed in the era when private altars were not allowed. Bavli Zevachim asserts that Manoach acted upon a one time commandment (הוראת שעה), an explanation which can be used to explain the other cases as well. The Meshekh Chokhmah, instead asserts that while the nation was in Bochim and Beit El, the ark was temporarily outside of the Mishkan,44 allowing for the building of private altars.45
  • Altars in Sefer Shemuel – The altars of Shaul and Shemuel are not an issue as they were built during a period in which private altars were allowed.46
  • Altars of Sefer Melakhim – As above, Eliyahu's altar on Har HaCarmel can be explained as being a one-time exception mandated by Hashem or the prophet himself.
Altars of earth in Shemot 20 – R. D"Z Hoffmann maintains that these refer to the private altars that were allowed in periods of unrest.47 Thus, the verses of Shemot complement the verses in Devarim, together giving the reader a complete picture of teh laws of private altars. See Altars of Earth, Stone, and Wood for elaboration.