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Portion of the Week / Broken but worthy
By Benjamin Lau
Tags: Disabled, Torah

In this week's portion, we read that priests with physical defects could not serve in the portable Tabernacle or the Temple in Jerusalem: "Speak unto Aaron, saying, Whosoever he be of thy seed in their generations that hath any blemish, let him not approach to offer the bread of his God" (Leviticus 21:17). The physically disabled person's exclusion from service in the Temple is anathema to a society that considers all human beings equal.

The responses of both early and later biblical commentators do not effectively address this issue. Rashi links this prohibition to the way in which flesh-and-blood monarchs and governors are treated: "When the Torah tells us, 'Whosoever he be of thy seed in their generations that hath any blemish, let him not approach to offer the bread of his God,' it is saying that such people should not approach the temple, as it is written, '... offer it now unto thy governor' (Malachi 1:8)."

Rashi refers to Malachi's prophecy, which compares service in the Temple to an appearance before a pasha (governor): "A son honoreth his father, and a servant his master: If then I be a father, where is mine honor? And if I be a master, where is my fear? saith the Lord of hosts unto you, O priests, that despise my name. And ye say, Wherein have we despised thy name? Ye offer polluted bread upon mine altar; and ye say, Wherein have we polluted thee? In that ye say, The table of the Lord is contemptible. And if ye offer the blind for sacrifice, is it not evil? And if ye offer the lame and sick, is it not evil? Offer it now unto thy governor; will he be pleased with thee, or accept thy person? saith the Lord of hosts" (Malachi 1:6-8).
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The idea expressed here, which Rashi echoes, is that worship in the Temple must be regarded in the same manner with which we regard ceremonies in the palaces of monarchs and governors. The prophet Malachi, who lived during the Persian era, was thinking of a Persian pasha, who would behead anyone guilty of presenting to the throne a defective gift. If this is the way a pasha is treated, it stands to reason that God certainly deserves such respect as well. The only "broken tool" God welcomes is a broken heart: "Rabbi Abba, son of Yuden, says: 'Whatever God disqualifies in animals he considers perfectly acceptable in human beings. In animals, he disqualifies all those that are "blind, or broken, or maimed, or having a wen [abnormal growth]" (Lev. 22:22), yet he accepts a broken heart and an oppressed spirit in human beings.' Rabbi Alexandri states: 'Whereas, if an ordinary priest uses broken tools when serving God [that is, offers physically handicapped animals as sacrifices], such action is totally unworthy, God's instruments are all broken, as it is written, "The Lord is nigh unto them that are of a broken heart" [Psalms 34:18], "He healeth the broken in heart" [Psalms 147:3], "with him also that is of a contrite and humble spirit" [Isaiah 57:15], "The sacrifices of God are a broken spirit" [Psalms. 51:17], and "a broken ... heart" [ibid.]'" (Leviticus Rabba, section 7).

In the wake of this midrash, a dispute broke out among poskei halakha (rabbis who rule on Jewish law) as to whether the physically handicapped could serve as cantors in the synagogue. Rabbi Abraham Gumbiner (Poland, 17th century; author of "Magen Avraham," a commentary on the "Shulhan Arukh") permits such persons to be cantors, basing himself on the above midrash: "God uses broken tools."

Rabbi Yair Bachrach (Germany, late 17th century) also discusses this issue. He was asked about a specific case - a blind man, whom the public barred from serving as cantor on the High Holy Days because of his physical handicap. Rabbi Bachrach rebuked this community and was criticized for his position; his critics argued that the physically handicapped should not fill official posts in the synagogue. Concerning this criticism, he replied, "Contrary to your stand, I have never taken the position that such a person should be barred because prayers have replaced animal sacrifices and because a priest serving in the temple must be without any physical defect. Here I will emulate God, who says 'For my thoughts are not your thoughts' [Isaiah 55:8]. Obviously, a cantor should not be equated to a priest ... [I differ with] the philosophers [who] argue, 'A physical defect is evidence of a mental one.'"

Apparently, in Rabbi Bachrach's era, it was widely believed among philosophers that physical perfection was proof that a given individual was also a perfect human being. However, since he did not think like a philosopher, Rabbi Bachrach rebuked the community for attempting to prohibit a blind person from serving as cantor in the synagogue.

Even in ancient times, there was a tendency to place less emphasis on the philosophers' view of physical perfection as an expression of a person's wholeness and to instead accept people as they were. The Mishnah (in Tractate Megillah) states that the physically handicapped cannot recite the priestly blessing in the synagogue. The Talmud's scholars add further categories to this list of prohibited individuals: "Rav Huna says: A person who cannot stop saliva from dribbling from his mouth cannot recite the priestly blessing." Questioning this position, the Talmud noted that, in the very city where Rav Huna lived, there was a priest who could not control his saliva and yet who did recite the priestly blessing in the synagogue. Could Rav Huna then be classified under the rubric, "Do what I say, not what I do"? Answering the question with "That individual was a well-known figure in the city," the Talmud continues by citing a source that states that the habitual presence of physically handicapped individuals in society is the factor that can determine whether they can participate together with other priests in the recital of the priestly blessing or whether their physically flawed appearance might arouse a social problem.

This definition is accepted as a principle of Jewish law in the "Shulhan Arukh." Were it not for society's normal reaction to the physically handicapped, the position of Jewish law on this issue would not have changed. The public can exert immense influence in determining the place and status of the physically disabled in society. Society's attitude toward physically handicapped individuals is not a divine decree but is rather dependent on the community's attention to, and feeling of responsibility toward them. If we can learn to see the goodness and light in each person, we can include all people - the disabled and those whose bodies are whole - in the community and can enable all members of society to join together in "mending the world" in the Torah's spirit.
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