In the

Tanakh The Hebrew Bible or Tanakh (;"Tanach"
''

kohen Kohen ( he, , ''kōhēn'', , "priest", pl. , ''kōhănīm'', , "priests") is the Hebrew word for "priest", used in reference to the Aaronic priesthood, also called Aaronites or Aaronides. Levitical priests or ''kohanim'' are traditionally b ...

'' (Jewish priest) to be its receiving agent. This law is one of the twenty-four kohanic gifts and, of those twenty-four, as one of ten gifts given to the priest even outside the

land of Israel The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine (see also Isra ...

. According to

Abba Jose ben Hanan Abba Jose ben Hanan or Abba Jose ben Hanin (Hebrew; Aramaic: Abba bar Hanan) was a tanna who lived in Judea. His name occurs also as "Abba Jose ben Hanan," or "ben Johanan" (which is erroneously followed by "ish Yerushalayim"), "Abba Joseph," and " ...

, the nuances of the ''herem'' laws (as well as laws of ''hekdesh'' and

arakhin Arakhin (Arachin, עֲרָכִין) ( ows of thevalues

f people F, or f, is the sixth Letter (alphabet), letter in the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabet#Let ...

is the fifth Talmud, tractate in the Order of Kodashim (Holy of Holies, holies). It deals mostly with the details of the laws in , Chapters Chapters 1–6 (based on ) deal with ...

, and five other categories of laws) are considered "eight pillars of Torah law" that are "principles of

Halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...

Etymology

Hebrew Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...

the adjective ''herem'' (Hebrew חֵרֶם) means "devoted thing" or "thing devoted to destruction". The term is used 29 times in the

Masoretic Text The Masoretic Text (MT or 𝕸; he, נֻסָּח הַמָּסוֹרָה, Nūssāḥ Hammāsōrā, lit. 'Text of the Tradition') is the authoritative Hebrew and Aramaic text of the 24 books of the Hebrew Bible (Tanakh) in Rabbinic Judaism. ...

of the Tanakh. An unrelated

homonym In linguistics, homonyms are words which are homographs (words that share the same spelling, regardless of pronunciation), or homophones (equivocal words, that share the same pronunciation, regardless of spelling), or both. Using this definition, ...

, the noun ''herem'' meaning "fisherman's net" (also חֵרֶם), is used a further 9 times. The adjective ''herem'' and the associate verb ''haram'' ("devote") come from the

Semitic root The roots of verbs and most nouns in the Semitic languages are characterized as a sequence of consonants or " radicals" (hence the term consonantal root). Such abstract consonantal roots are used in the formation of actual words by adding the vowel ...

Ḥ-R-M '' Ḥ- R- M'' (Modern he, ח–ר–מ; ar, ح–ر–م) is the triconsonantal root of many Semitic words, and many of those words are used as names. The basic meaning expressed by the root translates as "forbidden". Arabic Names *'' Al-Masj ...

, with cognates in the

Syriac Syriac may refer to: *Syriac language, an ancient dialect of Middle Aramaic *Sureth, one of the modern dialects of Syriac spoken in the Nineveh Plains region * Syriac alphabet ** Syriac (Unicode block) ** Syriac Supplement * Neo-Aramaic languages a ...

and

Arabic language Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

s. The word "devoted" (''herem'') is understood by

Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...

as a "complete and total transition" from one status to another. The

Targum A targum ( arc, תרגום 'interpretation, translation, version') was an originally spoken translation of the Hebrew Bible (also called the ''Tanakh'') that a professional translator ( ''mǝturgǝmān'') would give in the common language of the ...

s define the word as a complete separation. According to

Samuel ben Meir Samuel ben Meir (Troyes, c. 1085 – c. 1158), after his death known as "Rashbam", a Hebrew acronym for RAbbi SHmuel Ben Meir, was a leading French Tosafist and grandson of Shlomo Yitzhaki, "Rashi". Biography He was born in the vicinity of Troy ...

, this is the complete transition of an estate or object from ''hullin'' (mundane) status to that of ''kodesh'' (holy).

Sources

The first of two sources of the commandment is stated in Leviticus: A second source, however, explicitly instructs that the devoted thing be given to the priest; To reconcile the seemingly incompatible instructions in the Biblical verses, the

Tosefta The Tosefta (Jewish Babylonian Aramaic: תוספתא "supplement, addition") is a compilation of the Jewish oral law from the late 2nd century, the period of the Mishnah. Overview In many ways, the Tosefta acts as a supplement to the Mishnah ( ...

explains them as detailing ''two'' types of devoted things: ''hermei gavoah'' (devoted things specifically consecrated by their owner to the

Temple in Jerusalem The Temple in Jerusalem, or alternatively the Holy Temple (; , ), refers to the two now-destroyed religious structures that served as the central places of worship for Israelites and Jews on the modern-day Temple Mount in the Old City of Jerusa ...

) and ''hermei kohanim'' (devoted things to be given the priest, as the estate or object was not designated by its owner to the

"Devoted property" in the territory of Joseph

Malbim Meir Leibush ben Yehiel Michel Wisser (March 7, 1809 – September 18, 1879), better known as the Malbim ( he, מלבי"ם), was a rabbi, master of Hebrew grammar, and Bible commentator. The name ''Malbim'' was derived from the Hebrew initials ...

, a 19th century Bible commentator, explained as referring to the practice of ''herem''. According to him, the

tribe of Joseph The Tribe of Joseph is one of the Tribes of Israel in biblical tradition. Since Ephraim and Manasseh (often called the "two half-tribes of Joseph") together traditionally constituted the tribe of Joseph, it was often not listed as one of th ...

desired the merit that

Eleazar Eleazar (; ) or Elʽazar was a priest in the Hebrew Bible, the second High Priest, succeeding his father Aaron after he died. He was a nephew of Moses. Biblical narrative Eleazar played a number of roles during the course of the Exodus, from c ...

the

high priest The term "high priest" usually refers either to an individual who holds the office of ruler-priest, or to one who is the head of a religious caste. Ancient Egypt In ancient Egypt, a high priest was the chief priest of any of the many gods rever ...

should be buried in their territory. Thus, when he died they designated Givat Pinchas (modern

Awarta Awarta ( ar, عورتا) is a Palestinian town located southeast of Nablus, in the northern West Bank. According to the Palestinian Central Bureau of Statistics, the town had a population of 5,623 inhabitants in 2007.

) as a ''herem'' estate; that is to be given the priests currently in duty as per the

priestly divisions The priestly divisions or sacerdotal courses ( he, מִשְׁמָר ''mishmar'') are the groups into which Jewish priests were divided for the purposes of their service in the Temple in Jerusalem. The 24 priestly divisions are first listed in ...

), and calculated to publicize the herem designation during the division cycle when Pinchas was in service, thus increasing the likelihood of Pinchas burying his father in the ''herem'' property, which ultimately happened.

Ideas behind the commandment

The

Sifra Sifra ( Aramaic: סִפְרָא) is the Halakhic midrash to the Book of Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim ...

describes the commandment to devote things as enabling the Israelite to perform a commandment with objects that otherwise do not have a commandment attached to them, e.g. a non-kosher animal other than the firstborn of a donkey; by way of the Israelite making his possession thereof ''herem'' he elevates it to

holiness Sacred describes something that is dedicated or set apart for the service or worship of a deity; is considered worthy of spiritual respect or devotion; or inspires awe or reverence among believers. The property is often ascribed to objects (a ...

describes the act of creating a "devoted" estate a worthy act, since it goes against the sin of

miser A miser is a person who is reluctant to spend, sometimes to the point of forgoing even basic comforts and some necessities, in order to hoard money or other possessions. Although the word is sometimes used loosely to characterise anyone who ...

hood. In addition, he also categorizes the initiation of devoted goods by an Israelite as an act of respect and honor to the

God of Israel God of Israel may refer to: * God in Judaism, God as understood in Jewish theological discussion * Yahweh, the national god of the ancient kingdoms of Israel and Judah * Tetragrammaton, the four Hebrew letters YHWH as the name of God, and various ...

. ''Raya Mehemna'' (a conversation between Moses and Elijah found as an addition to the

Zohar The ''Zohar'' ( he, , ''Zōhar'', lit. "Splendor" or "Radiance") is a foundational work in the literature of Jewish mystical thought known as Kabbalah. It is a group of books including commentary on the mystical aspects of the Torah (the five ...

) describes ''herem'' as rectifying and healing the negative emotion of anger the initiator of a devotion of property may possess. The

Sifre Sifre ( he, סִפְרֵי; ''siphrēy'', ''Sifre, Sifrei'', also, ''Sifre debe Rab'' or ''Sifre Rabbah'') refers to either of two works of ''Midrash halakha'', or classical Jewish legal biblical exegesis, based on the biblical books of Numbers a ...

argues that the priests' right to ''herem'' is a reward for Jochebed (mother of

Aaron According to Abrahamic religions, Aaron ''′aharon'', ar, هارون, Hārūn, Greek (Septuagint): Ἀαρών; often called Aaron the priest ()., group="note" ( or ; ''’Ahărōn'') was a prophet, a high priest, and the elder brother of ...

, the first priest) for rescuing the infants of Israel from the pharaonic decree of infanticide of Israelite newborns:

Rabbinic laws

Undesignated ''herem''

Opinions differ as to what is done with ''herem'' in cases where the initiator of ''herem'' did not designate whether the property is consecrated to the

Temple A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called churches), Hinduism (whose temples ...

or to the priests (''stam herem''). Maimonides opines that this undesignated herem be given the priests by default. Maimonides further states that undesignated devoted property is considered mundane (''hullin'') and may be used by the priests for personal needs. This is in contrast to the case where the person does designate his ''herem'' to be given the priests, in which case the ''herem'' retains a holy (''kodesh'') state and cannot be used for personal needs.

Dispension to the mishmaroth

Allocation of ''herem'' may depend on the type of the object devoted; whether it is real estate or goods. According to Rav

Sheshet Rav Sheshet ( he, רב ששת) was a amora of the third generation of the Talmudic academies in Babylonia (then Asoristan, now Lower Mesopotamia, Iraq). His name is sometimes read Shishat or Bar Shishat. Biography He was a colleague of Rav Nach ...

, devotion of real estate is considered one of the four priestly gifts that is divided among the serving priestly division (''mishmar kehuna''), while tangible devoted goods are appropriated even to an individual priest not currently in active Temple service.

In modern times

The ''herem'' commandment, although practice infrequently today, still has halakhic implication in modern times:

In the diaspora

Considering that ''herem'' is listed as one of the ten priestly gifts that can be given to a priest outside of Jerusalem (similar to the Pidyon HaBen and the giving of the shoulder, cheeks and maw), some ''

poskim In Jewish law, a ''Posek'' ( he, פוסק , pl. ''poskim'', ) is a legal scholar who determines the position of ''halakha'', the Jewish religious laws derived from the written and Oral Torah in cases of Jewish law where previous authorities a ...

'' have noted that both types of devoted things, both real estate and goods, are designated and given to the priest of the

beit din A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it ...

's choice.

Solomon Luria Solomon Luria (1510 – November 7, 1573) ( he, שלמה לוריא) was one of the great Ashkenazic ''poskim'' (decisors of Jewish law) and teachers of his time. He is known for his work of Halakha, ''Yam Shel Shlomo'', and his Talmudic commen ...

is of the opinion that the dedicator of ''herem'' is required to specify that the property be given to a priest, in order for a priest to be eligible as the recipient. In terms of the ''beit din'' choosing an eligible priest, Rabbi Luria opines that

the status quo Kohen The presumption of priestly descent (or presumed kohen or status-quo kohen) in Judaism is the attribution to a kohen of equivalent position as if there was proven descent from the priestly family of Aaron. This is evidenced not by genealogical re ...

is sufficient to be the recipient of a devoted item and it to be "mundane" (''hullin'').

Bava Kamma Bava Kamma ( tmr, בָּבָא קַמָּא, translit=Bāḇā Qammā, translation=The First Gate) is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The o ...

end of minor chapter 35

References

{{The twenty-four kohanic gifts Priesthood (Judaism) Positive Mitzvoth