חבורת רמב"ן - פרשת ויחי

When Jacob finished his instructions to his sons, he drew his feet into the bed and, breathing his last, he was gathered to his kin.

ויגוע AND HE EXPIRED — but the word death is not mentioned in his case, and our Teachers therefore said: (Taanit 5b) “Jacob, our father, is not dead”.

§ In continuation of Rav Naḥman’s questions of Rabbi Yitzḥak, the Gemara relates: Rav Naḥman and Rabbi Yitzḥak were sitting and eating together at a meal. Rav Naḥman said to Rabbi Yitzḥak: Let the Master say a matter, i.e., share a Torah idea with me. Rabbi Yitzḥak said to Rav Naḥman that Rabbi Yoḥanan said: One may not speak during a meal, lest the trachea will precede the esophagus. Food is meant to enter the esophagus, and when one speaks his trachea opens and the food might enter there. And therefore, one should not speak during a meal, as he might come into the danger of choking.

Our father Yaakov did not die. The Gemora in Taanis 5b objects, “Did not the doctors embalm Yaakov (Bereishis 50:2)? And does it not say that his sons carried him from Egypt and buried him in Eretz Yisrael (ibid v. 13)? The answer is: It means he did not taste death, i.e., he did not feel the pain of death. Much more has been said on this subject.

ויכל יעקב לצוות, Jacob finished commanding his sons, etc. This verse teaches that Jacob was an exception to the rule proclaimed by Solomon in Kohelet 8,8 that on the day someone dies he is no longer master over his spirit. Jacob was in full control of all his senses when he made all these arrangements. Only after having concluded all he wanted to say, ויאסוף דגליו, he gathered his feet into the bed, etc. Here is the source of the statement in Taanit 5 that "our father Jacob did not die." If death had taken possession of him, he would not have retained control long enough to be able to put his feet back into his bed. Midrash on Kohelet 8,8 explains that on the day of death a man cannot say to the angel of death: "wait for me until I have concluded my business and then I will come."

וישק לו, he kissed him. The emphasis in this verse is on the word לו. Joseph kissed "him;" had Jacob been dead it would have been forbidden to kiss him seeing that the corpse exudes ritual impurity, and that impurity rises up to heaven and would harm the person who does the kissing. Inasmuch as Jacob had not died, however, Joseph was able to kiss him; Jacob simply appeared to be in a coma.

AND HE EXPIRED, AND WAS GATHERED TO HIS PEOPLE. But the word “death” is not mentioned in his case. Our Rabbis therefore said, “Jacob, our father, did not die.” This is the language of Rashi.
Now according to this opinion of our Rabbis, the difficulty arises: Now Jacob applied the term “death” to himself, as it is written, Behold, I die, but G-d shall be with you! Now perhaps he did not know it himself, or it may be that he did not wish to pay honor to himself. Similarly, with respect to the verse, And when Joseph’s brethren saw that their father was dead, we must say that to them he was dead, or it may be that they did not at all know of this. Now the purport of this Midrash [which states that “Jacob, our father, did not die],” is that the souls of the righteous are bound in the bind of life with the Eternal, and his soul covereth him all the day, “wearing a scarlet garment” so that she not be stripped naked, as Jacob’s [soul was privileged to do continually], or which she dons at certain occasions [as do the souls of lesser righteous individuals]. This matter will be understood in the light of what is told in Tractate Shabbath and Tractate Kethuboth.

We must therefore understand the statement of our sages who said “he did not die,” to mean that Yaakov’s soul remained hovering over his body due to the degree of holiness he had attained. Whereas other righteous people who did not attain the level of holiness that Yaakov attained are forced to return their souls to celestial regions, and once they have returned there they do not return to earth, Yaakov’s soul was in a constant state of commuting between heaven and earth. Only extremely rarely did great men attain this degree of holiness in their lives, Rabbi Yehudah (the editor of the Mishnah) being one of those select few. it is said of this Rabbi Yehudah in Ketuvot 103 that his soul returned to his former residence on earth every Sabbath eve. It happened on one such Sabbath eve that a neighbour of his widow came to visit her calling to her from the doorway. Her maid said to the neighbour: “Be quiet, the Rabbi is sitting here!” As soon as Rabbi Yehudah (his soul) heard this he decided to stop visiting his former home on earth. He did this so that people should not say that previous scholars whose soul had not been observed as returning to earth had been inferior to him in piety. If this was true of Rabbi Yehudah, how much more so must it have been true of Yaakov who had acquired (almost genetically) three levels of holiness. 1) Yaakov had been equipped with the holiness of Avraham, i.e. he was sired by someone whose body had already been circumcised. 2) He had had the residue of the holiness of his father who had submitted his life to G’d at the Akeydah. 3) He had acquired holiness in his own right becoming the third pillar of the מרכבה, the “chariot” supporting G’d’s Presence on earth when G’d had told him that He would even descend to Egypt with him. The practical demonstration of Yaakov’s personal holiness was the fact that all his children followed in his footsteps and embraced his outlook on life. For all these reasons we find that G’d Himself is referred to as קדוש יעקב, (Isaiah 29,23) “the Holy One of Yaakov”, and we do not find such an expression "Holy One of Abraham" or Holy One of Yitzchak".

This is ‘chukath’ (the statute of) the law. “Since Satan and the nations of the world ridicule Israel, saying, ‘What is [the meaning of] this commandment [of the Red Heifer]?’ therefore the Torah uses the term chukah (statute) in connection with it, [meaning]: ‘It is a decree from before Me, and you have no permission to question it.’” This is Rashi’s language, taken from the words of our Rabbis. Now I have already written in connection with the goat that is sent away [to Azazel the reason] why the nations of the world should taunt us about this [commandment] more than [they taunt us about] the rest of the offerings which effect atonement, and some of which bring about purification — such as the offerings of a man [or woman] who suffered a flux, or of a woman after childbirth. [The reason is] that since [the procedure of the Red Heifer] is performed outside [the Sanctuary], it appears to the nations that it is slaughtered to the satyrs which are in the open field. But the truth is that [the Red Heifer] is brought to remove the spirit of impurity, and the burning thereof outside [the Sanctuary Court] is like the sweet savor [of the offerings brought within the Sanctuary Court].
The reason for the impurity conveyed by a corpse is [due to man’s sin committed through] the instigation of the serpent, for those who die by “the Divine Kiss” do not [in fact] convey impurity according to the law, this being the [sense of the] saying of the Rabbis: “The righteous do not convey impurity [when dead].” It is for this reason that Scripture states, This is ‘chukath’ of the law, meaning: [this is] that which is “hollowed out” from the [Written] Torah, namely, the Oral Torah. Therefore it is a [female] heifer and must be red, [symbolic] of the attribute of justice. It is given to Eleazar inasmuch as it must be slaughtered before him, even [though it may actually be slaughtered] by a non-priest, because the deputy High Priest [i.e., Eleazar] supervises the performance thereof, so that it should be done in accordance with his intentions, and so that they should not entertain any improper thoughts about it, as do the nations [of the world] and Satan [as mentioned above].
Now this section [of the Red Heifer] completes the laws of the priests [and as such belongs in the Book of Leviticus]. However, it is written here after [the preceding section dealing with] the gifts to the priests, in order to declare that the purification of Israel must also be effected through the priest [just as atonement for sin is effected through the offerings which are offered on the altar by the priests].
THIS IS THE STATUTE OF THE LAW WHICH THE ETERNAL COMMANDED. The reason for this expression [when it should have said “that I commanded,” since G-d is the Speaker of these words], is similar to the verse, And unto Moses He said: ‘Come up unto the Eternal’ [where it should likewise have said: “Come up unto Me”]. Or it may be that this verse must be re-arranged [in order to be interpreted properly], its sense being: “Speak unto the children of Israel: This is the statute of the law which the Eternal hath commanded, saying etc.”

The Gemara continues its discussion of the deaths of the righteous. Rav Seorim, Rava’s brother, sat before Rava, and he saw that Rava was dozing, i.e., about to die. Rava said to his brother: Master, tell him, the Angel of Death, not to torment me. Knowing that Rava was not afraid of the Angel of Death, Rav Seorim said to him: Master, are you not a friend of the Angel of Death? Rava said to him: Since my fate has been handed over to him, and it has been decreed that I shall die, the Angel of Death no longer pays heed to me. Rav Seorim said to Rava: Master, appear to me in a dream after your death. And Rava appeared to him. Rav Seorim said to Rava: Master, did you have pain in death? He said to him: Like the prick of the knife when letting blood.

The Gemara continues its discussion of the deaths of the righteous. Rav Seorim, Rava’s brother, sat before Rava, and he saw that Rava was dozing, i.e., about to die. Rava said to his brother: Master, tell him, the Angel of Death, not to torment me. Knowing that Rava was not afraid of the Angel of Death, Rav Seorim said to him: Master, are you not a friend of the Angel of Death? Rava said to him: Since my fate has been handed over to him, and it has been decreed that I shall die, the Angel of Death no longer pays heed to me. Rav Seorim said to Rava: Master, appear to me in a dream after your death. And Rava appeared to him. Rav Seorim said to Rava: Master, did you have pain in death? He said to him: Like the prick of the knife when letting blood.