The Pollution of Non-Acts: Parashat Vayikra 5781

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This week we begin the book of Vayikra/Leviticus, which has a strong focus on the priests and the Torah (teachings) of sacrifices.1 Our parashah teaches the rules and purposes of five sacrifices, including the purification offering (Hebrew: hattat). When I grew up, the English translation of the hattat sacrifice was generally “a sin offering” based on the association of the name hattat (חטאת) with the Hebrew word heit (חֵטְא), meaning sin. Even today, the Jewish Publication Society translation calls it a guilt offering. Bible scholar Jacob Milgrom convinced me that the word hattat is related to lehatei (לְחָטֵא), meaning, to purify. This offering is therefore more properly called a purification offering.2 The question is: purification of what?

You might have thought that the hattat brings purification from sin, so that the difference in name is merely semantic. But in fact this sacrifice is also brought for other reasons. Many of the cases requiring a hattat have to do with a person having become impure through contact with a dead animal but not going through purification as soon as possible.3 Thus, the person has increased or extended the sway of impurity in biblical Israel. What has impurity to do with sin? Why bring an offering for being in a state of impurity? It makes some sense that a problem of impurity would be followed by a purification offering, but what is the connection to sin?

I want to call special attention to one of the cases that requires a hattat. A person witnesses a crime and hears a public exhortation asking witnesses to step forward and report what happened. The person saw the crime, but, despite the exhortation, still decides not to step forward as a witness. That person is guilty, and required to bring a hattat offering to clear himself of his guilt. We are not dealing here with any sinful act. We are dealing with a non-act, a decision to be a bystander and not get involved, even though the person knows the culprit. The guilt stems from not having acted to balance this crime with justice (or prevent future crimes) by witnessing, but choosing not to act. Still, this person is not impure and committed no act of sin. What, then, is this person being purified from?

Milgrom explains that the purification offering is not so much for the person who brings the hattat sacrifice. Rather, it is for the sanctuary, the tabernacle. The tabernacle dwells in the midst of the Jewish people and it represents the presence of God among the people. The shrine is built as follows:4

The sinful behaviors of people are not only wrong acts that need correction and repentance from the sinners. They create an atmosphere in the community and culture within which the acts were done.

Milgrom shows that if one looks at the sins that require a hattat,5 as well as on which altar the sacrifice was brought and where the blood of the sacrifice is spilled, the following pattern emerges. When an individual involuntarily, e.g. unintentionally, commits a sin, s/he generates a moral pollution in the culture of the community. The symbolic language of the sacrifices says that the toxic effect ‘attacks’ the outer court of the Mishkan and its altar. If the whole community or its leadership commit an unintentional sin, then the act is a more weighty creator of pollution. As it were, the toxicity penetrates further and ‘attacks’ the altar of incense in the inner sanctuary. Finally, if intentional and unrepented sins are committed, the toxic fallout spreads farther and deeper. The spiritual pollution ‘attacks’ the ark in the Holy of Holies, in the very innermost sanctum of the Tabernacle.6 Here is Milgrom’s illustration:

Unless the individual and the community repent and bring a purification sacrifice to purge the Tabernacle, the pollution caused by sinful acts builds up. At some point, the Divine Presence cannot tolerate such an atmosphere, in which sins are neither checked nor repented and reversed. Ultimately, when the presence of sin reaches toxic levels, the Divine Presence will leave the tabernacle/Temple.7

The symbolic language of sacrifices is telling us that a society builds up a culture in which people live and work. If sin is not checked or undone, it becomes dominant. People are living in an environment full of evil and will be affected by it. Then the Divine Presence will leave, leaving behind a useless, empty shell of a building. This is the scene that Ezekiel portrayed in his mystic vision of the chariot of God leaving the Temple. The evil pollution in the society stifled good people and normalized bad behaviors. Israel became a culture of sin and death, which the God of life would not abide. Similarly, Jeremiah describes a Temple hollowed out of holiness and sunk in an atmosphere of oppression and abuse from human to human. God then left the Temple, leaving a void, a lifeless sanctuary without God, for the Babylonians to enter and destroy at will.8

What has the case of extended impurity to do with this? Often, impurity symbolically stands for death. Holiness symbolically represents life.10 This is why people’s corpses are not allowed into the tabernacle/Temple. Those extending impurity (instead of removing it through prompt purification and rebirth-to-life rituals) allow expanded presence of death to permeate the community. In rituals (as shown above in ethics and sin), unless impurity is checked, God will leave. In this case, too, a purification sacrifice is required to purge the tabernacle before impurity/death becomes entrenched and dominant.

Our portion teaches us that not only acts of sin, but choosing to bystand, neither to fight nor report criminals, is a grave offense, whose influence spreads and poisons the atmosphere of a community. Similarly, complacency in living with death or death impurity, rather than removing it, crowds out a culture of life and holiness. In the end, God ‘departs’ from a culture of death.

With the aid of Milgrom, we are able to cut through the somewhat remote or baffling symbolic language of the sacrifices and of the animals brought to the altar and of the types of altar. We can see the deeper lesson of the Torah portion: life needs to be constantly affirmed and renewed. Failure in either the ethical (such as bystanding in the face of sin) or ritual realms (such as acceptance of death impurity’s presence without reasserting life) generates an atmosphere where the ability to resist sin or death is debilitated. Without repentance and serious action to stop this process of sin/death entrenching itself, the moral and spiritual oxygen will be sucked out of the community. The final result is that the Divine Presence will depart from such a society.


In bringing the purification sacrifice, the individual, the leader, and the community signal that they want to fight against sin and not allow evil to become normative or dominant. They signal that bystanding is as grave an act as outright sinning, because it allows bad actions to go unchecked and evil to dig itself deeply into the community. In every society, one must end bystanding and get people to step up and fight for the good. In parallel, one must constantly reassert or renew life—or the society may pass the tipping point and slip into a culture of moral or spiritual death.

1 I want to acknowledge the profound influence on my understanding of Leviticus by the scholarly work of Jacob Milgrom, especially in his masterpiece, his commentary on the book of Leviticus in the Anchor Bible series, volume 1 on chapters 1-16. With an amazing combination of rabbinic and medieval commentaries and modern critical studies, including cognate studies of other Mesopotamian religions, he shed new light on hundreds of passages. He has a feel for literary structures and specific details. Most of all, he opened my eyes to the central themes of the book of Leviticus—that there is a struggle between life and death in the world and humans are asked to throw the weight of their actions on to the side of life. This in turn influenced me deeply as I developed my forthcoming book on Judaism as the religion of life in which God invites humans to partner in the work of filling the world with life and repairing it to sustain life at the highest level. There will be more references to Milgrom in these essays throughout Leviticus.

2 See Milgrom, Leviticus vol. 1, pp. 226-292.

3 See Leviticus 5:2-3.

4 Milgrom, Leviticus, p. 135.

5 For a fuller exposition of Shabbat as Messianic preenactment, see I. Greenberg, The Jewish Way, especially pp. 149-163.

6 See Milgrom’s illustration, Leviticus, p. 257.

7 The tabernacle/mishkan is the house of God’s presence in Leviticus. In later centuries, the Holy Temple is the house of God’s presence.

8 See the books of https://www.sefaria.org/Ezekiel.1https://www.sefaria.org/Ezekiel.1, and Jeremiah, especially chapter 7.

9 This will be the focus of the forthcoming essay on Parashat Tazria-Metzora.

10 See my previous essay on Parashat Tetzaveh, “On the Priesthood, Or: Holiness is Living in the Fullness of Life,” available here: https://www.hadar.org/torah-resource/priesthood.

Texts Referenced

(א) וְנֶ֣פֶשׁ כִּֽי־תֶחֱטָ֗א וְשָֽׁמְעָה֙ ק֣וֹל אָלָ֔ה וְה֣וּא עֵ֔ד א֥וֹ רָאָ֖ה א֣וֹ יָדָ֑ע אִם־ל֥וֹא יַגִּ֖יד וְנָשָׂ֥א עֲוֺנֽוֹ׃ (ב) א֣וֹ נֶ֗פֶשׁ אֲשֶׁ֣ר תִּגַּע֮ בְּכָל־דָּבָ֣ר טָמֵא֒ אוֹ֩ בְנִבְלַ֨ת חַיָּ֜ה טְמֵאָ֗ה א֤וֹ בְּנִבְלַת֙ בְּהֵמָ֣ה טְמֵאָ֔ה א֕וֹ בְּנִבְלַ֖ת שֶׁ֣רֶץ טָמֵ֑א וְנֶעְלַ֣ם מִמֶּ֔נּוּ וְה֥וּא טָמֵ֖א וְאָשֵֽׁם׃ (ג) א֣וֹ כִ֤י יִגַּע֙ בְּטֻמְאַ֣ת אָדָ֔ם לְכֹל֙ טֻמְאָת֔וֹ אֲשֶׁ֥ר יִטְמָ֖א בָּ֑הּ וְנֶעְלַ֣ם מִמֶּ֔נּוּ וְה֥וּא יָדַ֖ע וְאָשֵֽׁם׃ (ד) א֣וֹ נֶ֡פֶשׁ כִּ֣י תִשָּׁבַע֩ לְבַטֵּ֨א בִשְׂפָתַ֜יִם לְהָרַ֣ע ׀ א֣וֹ לְהֵיטִ֗יב לְ֠כֹל אֲשֶׁ֨ר יְבַטֵּ֧א הָאָדָ֛ם בִּשְׁבֻעָ֖ה וְנֶעְלַ֣ם מִמֶּ֑נּוּ וְהוּא־יָדַ֥ע וְאָשֵׁ֖ם לְאַחַ֥ת מֵאֵֽלֶּה׃ (ה) וְהָיָ֥ה כִֽי־יֶאְשַׁ֖ם לְאַחַ֣ת מֵאֵ֑לֶּה וְהִ֨תְוַדָּ֔ה אֲשֶׁ֥ר חָטָ֖א עָלֶֽיהָ׃ (ו) וְהֵבִ֣יא אֶת־אֲשָׁמ֣וֹ לַיהוָ֡ה עַ֣ל חַטָּאתוֹ֩ אֲשֶׁ֨ר חָטָ֜א נְקֵבָ֨ה מִן־הַצֹּ֥אן כִּשְׂבָּ֛ה אֽוֹ־שְׂעִירַ֥ת עִזִּ֖ים לְחַטָּ֑את וְכִפֶּ֥ר עָלָ֛יו הַכֹּהֵ֖ן מֵחַטָּאתֽוֹ׃ (ז) וְאִם־לֹ֨א תַגִּ֣יע יָדוֹ֮ דֵּ֣י שֶׂה֒ וְהֵבִ֨יא אֶת־אֲשָׁמ֜וֹ אֲשֶׁ֣ר חָטָ֗א שְׁתֵּ֥י תֹרִ֛ים אֽוֹ־שְׁנֵ֥י בְנֵֽי־יוֹנָ֖ה לַֽיהוָ֑ה אֶחָ֥ד לְחַטָּ֖את וְאֶחָ֥ד לְעֹלָֽה׃ (ח) וְהֵבִ֤יא אֹתָם֙ אֶל־הַכֹּהֵ֔ן וְהִקְרִ֛יב אֶת־אֲשֶׁ֥ר לַחַטָּ֖את רִאשׁוֹנָ֑ה וּמָלַ֧ק אֶת־רֹאשׁ֛וֹ מִמּ֥וּל עָרְפּ֖וֹ וְלֹ֥א יַבְדִּֽיל׃ (ט) וְהִזָּ֞ה מִדַּ֤ם הַחַטָּאת֙ עַל־קִ֣יר הַמִּזְבֵּ֔חַ וְהַנִּשְׁאָ֣ר בַּדָּ֔ם יִמָּצֵ֖ה אֶל־יְס֣וֹד הַמִּזְבֵּ֑חַ חַטָּ֖את הֽוּא׃ (י) וְאֶת־הַשֵּׁנִ֛י יַעֲשֶׂ֥ה עֹלָ֖ה כַּמִּשְׁפָּ֑ט וְכִפֶּ֨ר עָלָ֧יו הַכֹּהֵ֛ן מֵחַטָּאת֥וֹ אֲשֶׁר־חָטָ֖א וְנִסְלַ֥ח לֽוֹ׃ (ס) (יא) וְאִם־לֹא֩ תַשִּׂ֨יג יָד֜וֹ לִשְׁתֵּ֣י תֹרִ֗ים אוֹ֮ לִשְׁנֵ֣י בְנֵי־יוֹנָה֒ וְהֵבִ֨יא אֶת־קָרְבָּנ֜וֹ אֲשֶׁ֣ר חָטָ֗א עֲשִׂירִ֧ת הָאֵפָ֛ה סֹ֖לֶת לְחַטָּ֑את לֹא־יָשִׂ֨ים עָלֶ֜יהָ שֶׁ֗מֶן וְלֹא־יִתֵּ֤ן עָלֶ֙יהָ֙ לְבֹנָ֔ה כִּ֥י חַטָּ֖את הִֽיא׃ (יב) וֶהֱבִיאָהּ֮ אֶל־הַכֹּהֵן֒ וְקָמַ֣ץ הַכֹּהֵ֣ן ׀ מִ֠מֶּנָּה מְל֨וֹא קֻמְצ֜וֹ אֶת־אַזְכָּרָתָה֙ וְהִקְטִ֣יר הַמִּזְבֵּ֔חָה עַ֖ל אִשֵּׁ֣י יְהוָ֑ה חַטָּ֖את הִֽוא׃ (יג) וְכִפֶּר֩ עָלָ֨יו הַכֹּהֵ֜ן עַל־חַטָּאת֧וֹ אֲשֶׁר־חָטָ֛א מֵֽאַחַ֥ת מֵאֵ֖לֶּה וְנִסְלַ֣ח ל֑וֹ וְהָיְתָ֥ה לַכֹּהֵ֖ן כַּמִּנְחָֽה׃ (ס) (יד) וַיְדַבֵּ֥ר יְהוָ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (טו) נֶ֚פֶשׁ כִּֽי־תִמְעֹ֣ל מַ֔עַל וְחָֽטְאָה֙ בִּשְׁגָגָ֔ה מִקָּדְשֵׁ֖י יְהוָ֑ה וְהֵבִיא֩ אֶת־אֲשָׁמ֨וֹ לַֽיהוָ֜ה אַ֧יִל תָּמִ֣ים מִן־הַצֹּ֗אן בְּעֶרְכְּךָ֛ כֶּֽסֶף־שְׁקָלִ֥ים בְּשֶֽׁקֶל־הַקֹּ֖דֶשׁ לְאָשָֽׁם׃ (טז) וְאֵ֣ת אֲשֶׁר֩ חָטָ֨א מִן־הַקֹּ֜דֶשׁ יְשַׁלֵּ֗ם וְאֶת־חֲמִֽישִׁתוֹ֙ יוֹסֵ֣ף עָלָ֔יו וְנָתַ֥ן אֹת֖וֹ לַכֹּהֵ֑ן וְהַכֹּהֵ֗ן יְכַפֵּ֥ר עָלָ֛יו בְּאֵ֥יל הָאָשָׁ֖ם וְנִסְלַ֥ח לֽוֹ׃ (פ) (יז) וְאִם־נֶ֙פֶשׁ֙ כִּ֣י תֶֽחֱטָ֔א וְעָֽשְׂתָ֗ה אַחַת֙ מִכָּל־מִצְוֺ֣ת יְהוָ֔ה אֲשֶׁ֖ר לֹ֣א תֵעָשֶׂ֑ינָה וְלֹֽא־יָדַ֥ע וְאָשֵׁ֖ם וְנָשָׂ֥א עֲוֺנֽוֹ׃ (יח) וְ֠הֵבִיא אַ֣יִל תָּמִ֧ים מִן־הַצֹּ֛אן בְּעֶרְכְּךָ֥ לְאָשָׁ֖ם אֶל־הַכֹּהֵ֑ן וְכִפֶּר֩ עָלָ֨יו הַכֹּהֵ֜ן עַ֣ל שִׁגְגָת֧וֹ אֲשֶׁר־שָׁגָ֛ג וְה֥וּא לֹֽא־יָדַ֖ע וְנִסְלַ֥ח לֽוֹ׃ (יט) אָשָׁ֖ם ה֑וּא אָשֹׁ֥ם אָשַׁ֖ם לַיהוָֽה׃ (פ) (כ) וַיְדַבֵּ֥ר יְהוָ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (כא) נֶ֚פֶשׁ כִּ֣י תֶחֱטָ֔א וּמָעֲלָ֥ה מַ֖עַל בַּיהוָ֑ה וְכִחֵ֨שׁ בַּעֲמִית֜וֹ בְּפִקָּד֗וֹן אֽוֹ־בִתְשׂ֤וּמֶת יָד֙ א֣וֹ בְגָזֵ֔ל א֖וֹ עָשַׁ֥ק אֶת־עֲמִיתֽוֹ׃ (כב) אֽוֹ־מָצָ֧א אֲבֵדָ֛ה וְכִ֥חֶשׁ בָּ֖הּ וְנִשְׁבַּ֣ע עַל־שָׁ֑קֶר עַל־אַחַ֗ת מִכֹּ֛ל אֲשֶׁר־יַעֲשֶׂ֥ה הָאָדָ֖ם לַחֲטֹ֥א בָהֵֽנָּה׃ (כג) וְהָיָה֮ כִּֽי־יֶחֱטָ֣א וְאָשֵׁם֒ וְהֵשִׁ֨יב אֶת־הַגְּזֵלָ֜ה אֲשֶׁ֣ר גָּזָ֗ל א֤וֹ אֶת־הָעֹ֙שֶׁק֙ אֲשֶׁ֣ר עָשָׁ֔ק א֚וֹ אֶת־הַפִּקָּד֔וֹן אֲשֶׁ֥ר הָפְקַ֖ד אִתּ֑וֹ א֥וֹ אֶת־הָאֲבֵדָ֖ה אֲשֶׁ֥ר מָצָֽא׃ (כד) א֠וֹ מִכֹּ֞ל אֲשֶׁר־יִשָּׁבַ֣ע עָלָיו֮ לַשֶּׁקֶר֒ וְשִׁלַּ֤ם אֹתוֹ֙ בְּרֹאשׁ֔וֹ וַחֲמִשִׁתָ֖יו יֹסֵ֣ף עָלָ֑יו לַאֲשֶׁ֨ר ה֥וּא ל֛וֹ יִתְּנֶ֖נּוּ בְּי֥וֹם אַשְׁמָתֽוֹ׃ (כה) וְאֶת־אֲשָׁמ֥וֹ יָבִ֖יא לַיהוָ֑ה אַ֣יִל תָּמִ֧ים מִן־הַצֹּ֛אן בְּעֶרְכְּךָ֥ לְאָשָׁ֖ם אֶל־הַכֹּהֵֽן׃ (כו) וְכִפֶּ֨ר עָלָ֧יו הַכֹּהֵ֛ן לִפְנֵ֥י יְהוָ֖ה וְנִסְלַ֣ח ל֑וֹ עַל־אַחַ֛ת מִכֹּ֥ל אֲשֶֽׁר־יַעֲשֶׂ֖ה לְאַשְׁמָ֥ה בָֽהּ׃ (פ)

(1) If a person incurs guilt— When he has heard a public imprecation and—although able to testify as one who has either seen or learned of the matter—he does not give information, so that he is subject to punishment; (2) Or when a person touches any unclean thing—be it the carcass of an unclean beast or the carcass of unclean cattle or the carcass of an unclean creeping thing—and the fact has escaped him, and then, being unclean, he realizes his guilt; (3) Or when he touches human uncleanness—any such uncleanness whereby one becomes unclean—and, though he has known it, the fact has escaped him, but later he realizes his guilt; (4) Or when a person utters an oath to bad or good purpose—whatever a man may utter in an oath—and, though he has known it, the fact has escaped him, but later he realizes his guilt in any of these matters— (5) when he realizes his guilt in any of these matters, he shall confess that wherein he has sinned. (6) And he shall bring as his penalty to the LORD, for the sin of which he is guilty, a female from the flock, sheep or goat, as a sin offering; and the priest shall make expiation on his behalf for his sin. (7) But if his means do not suffice for a sheep, he shall bring to the LORD, as his penalty for that of which he is guilty, two turtledoves or two pigeons, one for a sin offering and the other for a burnt offering. (8) He shall bring them to the priest, who shall offer first the one for the sin offering, pinching its head at the nape without severing it. (9) He shall sprinkle some of the blood of the sin offering on the side of the altar, and what remains of the blood shall be drained out at the base of the altar; it is a sin offering. (10) And the second he shall prepare as a burnt offering, according to regulation. Thus the priest shall make expiation on his behalf for the sin of which he is guilty, and he shall be forgiven. (11) And if his means do not suffice for two turtledoves or two pigeons, he shall bring as his offering for that of which he is guilty a tenth of an ephah of choice flour for a sin offering; he shall not add oil to it or lay frankincense on it, for it is a sin offering. (12) He shall bring it to the priest, and the priest shall scoop out of it a handful as a token portion of it and turn it into smoke on the altar, with the LORD’s offerings by fire; it is a sin offering. (13) Thus the priest shall make expiation on his behalf for whichever of these sins he is guilty, and he shall be forgiven. It shall belong to the priest, like the meal offering. (14) And the LORD spoke to Moses, saying: (15) When a person commits a trespass, being unwittingly remiss about any of the LORD’s sacred things, he shall bring as his penalty to the LORD a ram without blemish from the flock, convertible into payment in silver by the sanctuary weight, as a guilt offering. (16) He shall make restitution for that wherein he was remiss about the sacred things, and he shall add a fifth part to it and give it to the priest. The priest shall make expiation on his behalf with the ram of the guilt offering, and he shall be forgiven. (17) And when a person, without knowing it, sins in regard to any of the LORD’s commandments about things not to be done, and then realizes his guilt, he shall be subject to punishment. (18) He shall bring to the priest a ram without blemish from the flock, or the equivalent, as a guilt offering. The priest shall make expiation on his behalf for the error that he committed unwittingly, and he shall be forgiven. (19) It is a guilt offering; he has incurred guilt before the LORD. (20) The LORD spoke to Moses, saying: (21) When a person sins and commits a trespass against the LORD by dealing deceitfully with his fellow in the matter of a deposit or a pledge, or through robbery, or by defrauding his fellow, (22) or by finding something lost and lying about it; if he swears falsely regarding any one of the various things that one may do and sin thereby— (23) when one has thus sinned and, realizing his guilt, would restore that which he got through robbery or fraud, or the deposit that was entrusted to him, or the lost thing that he found, (24) or anything else about which he swore falsely, he shall repay the principal amount and add a fifth part to it. He shall pay it to its owner when he realizes his guilt. (25) Then he shall bring to the priest, as his penalty to the LORD, a ram without blemish from the flock, or the equivalent, as a guilt offering. (26) The priest shall make expiation on his behalf before the LORD, and he shall be forgiven for whatever he may have done to draw blame thereby.

וְלָקַ֛ח לְחַטֵּ֥א אֶת־הַבַּ֖יִת שְׁתֵּ֣י צִפֳּרִ֑ים וְעֵ֣ץ אֶ֔רֶז וּשְׁנִ֥י תוֹלַ֖עַת וְאֵזֹֽב׃
To purge the house, he shall take two birds, cedar wood, crimson stuff, and hyssop.