Shoftim: Atonement for the Dead (Part 1 of 2)

This is half of a blog post. I wasn't able to finish writing the full blog post in time, and I figured it would be better to publish half of it than allow it to languish in my drafts folder for who knows how long. 

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Artwork: Rest in Peace, by Jarel Threat

Shoftim: Atonement for the Dead (Part 1 of 2)

Parashas Shoftim concludes with the mystifying mitzvah of Eglah Arufah (the Decapitated Heifer). When the corpse of a slain person is found outside of a nearby city, the elders and judges of that city perform a ritual involving an uncharacteristically gruesome slaughter of a heifer. The ceremony concludes with a declaration and petition made by the Kohanim: 

“Our hands did not shed this blood, and our eyes did not see. Atone for Your people Israel whom You redeemed, Hashem, and do not put innocent blood in the midst of Your people Israel, and let the blood be atoned for them.” (Devarim 21:6-8) 

The question is: Why does the pasuk (verse) say “atone for Your people Israel whom You redeemed” rather than “atone for Your people Israel” full stop? The Sifre [1] answers: 

“atone for Your people” – these are the living; “whom You redeemed” – these are the dead, which teaches that the dead need kaparah (atonement); consequently we learn that one who sheds blood sins [retroactively] until the Exodus from Egypt. 

Although the Sifre explains the apparent redundancy in the pasuk, it raises a number of additional problems: 

1. Why is this act of murder reckoned as a sin for the Yotzei Mitzrayim (the generation that left Egypt), such that they would require kaparah? The person who committed the murder certainly sinned. The elders and judges of the nearby city sinned, insofar as they didn’t do their part as leaders to foster a society in which such murders don’t happen. But how is this considered to be a sin for the generation that left Egypt hundreds or thousands of years ago? They didn’t do anything! Why do they need kaparah? 

2. How is it fair to hold anyone responsible for a sin they didn’t commit? According to the Rambam [2], the eleventh of the Thirteen Fundamental Principles of Torah is that Hashem rewards each person for the mitzvos they have done and punishes each person for the transgressions they have committed. Hashem does not reward people for doing mitzvos that they didn’t do, nor does He punish people for transgressions they didn’t commit. The Yotzei Mitzraim lived their own lives, and had their own mitzvos and sins. Ostensibly, it would be unjust to hold them accountable for the sins of their offspring. As Avraham Avinu asked: “Heaven forfend doing something like this! … Will the judge of all the earth not enact justice?” (Bereishis 18:25). 

3. How is it halachically possible for the dead to receive kaparah? The Gemara (Zevachim 9b) openly states “there is no kaparah for the dead” and the Rambam [3] rules in accordance with this view. Rashi [4] explains that “there is no kaparah for the dead because their death atoned for them.” In other words, there is no kaparah for the dead because the dead don’t need kaparah. The Baalei Tosafos [5] point out the halachic ramifications: if it were possible for the dead to receive kaparah, their surviving relatives would be responsible for bringing a korban (sacrifice) to atone on their behalf. Likewise, if a person designated a korban as a sin-offering and then died, then there would be even more of a reason for his relatives to offer it in order to bring about post-mortem kaparah. These sources indicate that kaparah for the dead is a halachic impossibility. [6]

4. How is it metaphysically possible for the dead to receive kaparah? Once a person dies, and their soul separates from their body, it is impossible for the soul to undergo further change, for good or for bad. This is why Chazal urge us to do mitzvos and teshuvah in Olam ha’Zeh (This World), since there’s no way to elevate the soul after death, as the Rambam [7] states: “for if one does not acquire wisdom and good deeds here, then he will have nothing by which he merits.” On the basis of this principle, the Ran questions the entire notion of punishments in Olam ha’Ba. At the beginning of his tenth derashah the Ran [8] sets forth the premise that all of Hashem’s punishments in Olam ha’Zeh are for our benefit, “either to improve the sinner himself so that he does teshuvah from his evil path” or “to improve others, so they will not be evil like him.” He then raises the question about Olam ha’Ba: “it is impossible for the punishments of Olam ha’Ba to be like this, since the soul cannot be improved there; rather, it will forever remain in the state it was in when it left the body.” If that is the case, then how would it be possible for someone to receive kaparah after death? Moreover, how would it be possible for the sin of the slain victim to necessitate kaparah for the soul of a dead person? 

I have an approach but I haven't fully worked it out yet. Let me know if you think of anything!

End Notes

[1] Sifre Devarim: Piska 210; as usual I’ve chosen to translate the version cited by the Torah Temimah 

[2] Rabbeinu Moshe ben Maimon (Rambam / Maimonides, Commentary on the Mishnah: Sanhedrin, Introduction to to Perek Chelek 

[3] see Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer Avodah, Hilchos Psulei ha’Mukdashim 15:9 

[4] Rabbeinu Shlomo ben Yitzchak (Rashi), Commentary on Talmud Bavli: Me’ilah 10b 

[5] Tosafos, Temurah 15b 

[6] Over the course of my research I did encounter some arguments which attempted to reconcile the implications of the Sifre with these halachos, but I found them to be contrived and didn’t think they warrant being addressed here. If you do find a compelling argument, I would love to hear it. 

[7] Rabbeinu Moshe ben Maimon (Rambam / Maimonides), Mishneh Torah: Sefer ha’Mada, Hilchos Teshuvah 9:1

[8] Rabbeinu Nissim ben Reuven (Ran), Drashos ha'Ran: Drashah #10