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15 [1] AND THEY SHALL NOT PROFANE THE HOLY THINGS OF THE CHILDREN OF ISRAEL — “by giving them to non-priests to be eaten.” 16. AND SO CAUSE ‘OTHAM’ (THEM) TO BEAR THE INIQUITY THAT BRINGETH GUILT. “[The word *otham* here means] ‘themselves,’ meaning that they [the priests) cause themselves to bear iniquity when they [the non-priests] eat the holy things which have been set aside as the heave-offering, and have become sanctified as such, and forbidden to them [the non-priests]. And Onkelos who rendered the verse: ‘when they [the priests] eat them in impurity’ has translated it so unnecessarily.” Thus far is the language of Rashi, of blessed memory.
But I did not understand Rashi’s opinion. For it would appear from his words that this negative commandment constitutes a prohibition to the priests, that they are not to give the heave-offering to non-priests to eat of it. And if so, it would be fitting to explain [the word *‘otham’* in the phrase] *and so cause ‘otham’* (*them*), as a pronoun for “Israel,” meaning that the priests will thereby burden the Israelites with *the iniquity that beareth guilt*, when they [the Israelites] eat the holy things! Why then did Rabbi Yishmael find it necessary to interpret the word *otham* [as a reflexive form], meaning “themselves” [as Rashi mentioned]? Besides, this negative commandment is not mentioned [specifically] in the Talmud, but instead the priest is forbidden to do so as is the case with all other prohibitions [where we are forbidden to help or cause another person to commit a transgression]. Rather, the explanation of the phrase *the children of Israel* [in Verse 15] is that it refers back to the beginning [part of that verse, thus making it as follows]: “*and* the children of Israel *shall not profane the holy things of the children of Israel which they set apart unto the Eternal*,” the verse thus constituting a second admonition to the non-priest that he is not to eat of the holy things, [and the reason why it is repeated is] because He wanted to mention the punishment for the transgression thereof, stating *and they will cause themselves to bear the iniquity* etc. *when they* [the non-priests] *will eat their holy things*.
Now our Rabbis explained [that the reason for] the repetition of this admonition was to forbid the eating of *tevel*. Thus they have said: “Whence do we know that one who eats *tevel* is liable to death [by the hand of Heaven]? From the verse, *And they shall not profane the holy things of the children of Israel which ‘yarimu’* (*they shall set apart*) *unto the Eternal*. Now the verse refers to that which is *yet* to be offered [namely, the verse refers to the holy things — the heave-offering and the tithes — which are not yet set apart from the produce, so that it is all *tevel*]; and then an identity of law is learned from the use of ‘profanation’ here and in the case of the heave-offering: [just as there the penalty is death by the hand of Heaven, so here too].”
However, in the Torath Kohanim I have found this text: “*And they shall not profane*. This includes one who anoints himself with or drinks [oil of heave-offering]. *The holy things of the children of Israel*. For the things [declared] holy by the children of Israel, [a non-priest who eats of them by mistake] is liable to pay the priest their value and the added fifth [in fruits], but for the things [declared] holy by non-Jews, he [a non-priest] is not liable to repay [the priest] their value and the added fifth. I might think that he is liable [to pay a fifth] for the heave-offering that is in the *tevel* [as will be explained further on]; Scripture therefore states, *that which ‘yarimu’* (*they will set apart*) *unto the Eternal*. For that which has been set apart they are liable to pay [an added fifth], but they are not liable to pay [an added fifth] for the heave-offering in the *tevel* [which has not yet been set apart]. *And so they will cause them to bear the iniquity that bringeth guilt*. This teaches us that for eating *tevel* one is also punishable by death [by the hand of Heaven].” Now this [Beraitha of the Torath Kohanim] is not in accord with the way of the Gemara [mentioned above]. But I say that the inclusion of anointing and drinking [in the prohibition of our verse] is only a Scriptural support for a Rabbinic ordinance, since drinking is included in the term eating [and just as a non-priest is Scripturally forbidden to eat the heave-offering, so too he is Scripturally forbidden to drink it, without the necessity for a special inclusionary phrase], whilst anointing oneself with it is [only] prohibited by Rabbinic ordinance. It is so clearly explained in the Yerushalmi. And since He stated with reference to *tevel*, *And they shall not profane the holy things of the children of Israel*, because they are going to set aside a part thereof for the Eternal [as the future tense in the word *yarimu* — “they *will* set apart” — indicates], the Rabbis deduced from this that [only] the portion which is set apart [as the heave-offering] is called “holy”, and not the *tevel*. And if so, [eating *tevel*] is *not* included in the terms of the law, *And if a man eat of ‘the holy’ thing through error, then he shall add its fifth to it*, so that he be liable to pay the additional fifth. It is for this reason that He teaches again, *and so cause them to bear the iniquity that bringeth guilt*, thereby teaching that eating *tevel* is also punishable by death [by the hand of Heaven], for it is the heave-offering in the *tevel* that is mentioned here. In brief, this verse speak of *tevel* and warns with reference to that which is yet to be offered in the future, according to the interpretation of our Rabbis.
Version: Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976
Source: https://www.nli.org.il/he/books/NNL_ALEPH002108945/NLI
License: CC-BY