Torah Community Connections

Week 140 - Thursday - 1 August 2002

HORAYOT: CHAPTER 3: MISHNAH 6

Whatever is more frequent has precedence over its fellow, and what is holier has precedence over its fellow. If the bullock of the anointed and the bullock of the congregation are waiting, the bullock of the anointed has precedence over the bullock of the congregation in every detail.

Kehati

Our mishnah teaches that if the bullock of the anointed and that of the communal offering of a bullock await sacrifice, the bullock of the anointed is sacrificed first. To introduce the subject, the mishnah opens with two general principles establishing the order of precedence for things and for people.

Whatever is more frequent has precedence over its fellow - A matter of greater frequency has precedence over one of lesser frequency. The Gemara (Hor. 12a) infers this from the passage (Num. 28:23) "You shall offer these, aside of the burnt offering of the morning, which is a continual offering." Why does the Torah add the words, "which is a continual offering"? This teaches that the morning burnt offering precedes the rest of the offerings of the day, because it is the more frequent, being offered daily; hence, whatever is more frequent has priority. Thus, the continual burnt offering precedes the additional Shabbat offering (musaf) the additional Shabbat offering precedes that of the Mew Moon, which in turn precedes that of the New Year. (If Rosh Hashanah falls on a Shabbat, the first sacrifice is the continual burnt offering (olam tamid). This is followed by the musaf for the Sabbath followed by that of Rosh Hodesh, and the last is that of Rosh Hashanah).

And what is holier has precedence over its fellow. For so we find regarding the priest (Lev. 21:8): "And you shall sanctify him, for he offers the bread of the Lord. He shall be holy to you." In any matter of holiness he shall be first, for the reading of the law, in summoning to join in grace after meals, and in receiving the choicest portion. If the bullock of the anointed - the bullock brought by the anointed priest for an inadvertent errant ruling and deed, and the bullock of the congregation - the bullock brought on behalf of the congregation when a point of law eluded them - are waiting - about to be offered up, the bullock of the anointed has precedence over the bullock of the congregation in every detail. The reason is explained in the baraita quoted in the Gemara (Hor. 13a); Since the anointed atones, and the congregation obtains atonement, it is only right that the one who atones should precede the ones receiving atonement. And so it says (Lev. 16:17) "And he shall atone for himself and for his household and then for the assembly of Israel." Hence, the offering of the anointed priest is holier than that of the congregation and therefore precedes that of the congregation.

HORAYOT: CHAPTER 3: MISHNAH 7

A man has precedence over a woman with respect to being saved alive and the restoration of lost property, while the woman has priority over the man in clothing and in being released from captivity. If both are in danger of defilement, the man has precedence over the woman.

Kehati

Our mishnah continues with rules of priority regarding a man and a woman, there being cases where the man has priority and others where the reverse is true.

A man has precedence over a woman with respect to being saved alive - in cases of danger to life, the man has priority and restoration of lost property - the lost property of a man is to be restored before that of the woman. In his commentary on the mishnah, the Rambam explains that the man, being subject to all the commandments, is more sanctified than a woman, who is not subject to commandments dependent upon time while the woman has priority over the man in clothing - if both need covering, the woman has to be attended to first, because her shame is greater than that of the man; the same applies to food, for the same reason (Tosefot Yom Tov); and in being released from captivity; if a man and a woman were both held captive by non-Jews, the woman must be redeemed first for fear of prostitution, but- If both are in danger of defilement- because of the obscene intentions of the non-Jewish captors, the woman for prostitution, the man for sodomy, the man has precedence over the woman. One must release him first, because for the man it is an unnatural act and his shame is therefore greater.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives