Hromim

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This article is about devotion of property as gifts to a kohen. For devotion of people and objects by war of annihilation, see Herem. For the censure of excommunication, see Cherem.

In the Tanakh herem is used for a devoted object - whether goods to be destroyed in war of annihilation. In later rabbinical exegesis it is also used for Cherem, excommunication, or Matnat Herem, the devotion of property to a kohen.

In Torah law, the positive mitzvah (commandment) of Herem (Hebrew: חרמים‎ "total devotion of an object") or matnat kehuna (מתנות כהונה) entails giving the herem "devoted estate" or tangible properties to a Kohen. The gift is listed as one of the twenty-four Kohanic gifts and, of those twenty four, as one of ten gifts given to the Kohen even outside the land of Israel (Tosefta Challah 2:8, Talmud Bavli Hullin).

The nuances and complex specifics of matnat kehuna law on herem are deemed by Chazal as one of eight pillars of Torah law that are "principles of Halakha". See Tosefta to Hagigah 1:11 for a list of all eight.

Etymology

In Hebrew the word herem (Hebrew חֵרֶם) means "devoted thing" or "thing devoted to destruction". The term is used 29 times in the Masoretic Text of the Hebrew Bible. An unrelated homonym, the noun herem meaning "fisherman's net" (also חֵרֶם), is used a further 9 times.^[1] The noun herem/cherem/hromim and the associate verb haram "devote" come from the semitic root Ḥ-R-M with cognates in Syriac and Arabic.

The word herem is understood by Maimonides as a "complete and total transition" from one status to another.^[2] The Targums define the word as a complete separation (Jerusalem Targum to Numbers 18:13, and Targum Yonathan to Isaiah 43:28). According to Shmuel ben Meir this is the complete transition of an estate or object from hullin (mundane) status to that of kodesh (holy).^[3]

Hebrew Bible

The first of two sources of the commandment is stated in Leviticus:

Notwithstanding no devoted thing, that a man shall devote unto the Lord of all that he hath, both of man and beast, and of the field of his possession, shall be sold or redeemed: every devoted thing [is] most holy unto the Lord.

—Leviticus 27:28, KJV

The second source, unlike the first, explicitly instructs that the devoted thing be given to the priest;

Every thing devoted in Israel shall be thine.

—Numbers 18:14

In reconciling the two seemingly starkly differing instructions, Chazal^[who?] explained the two verses as detailing two types of devoted things; the former being "hermei gavoah" (devoted things specifically consecrated by its owner to the Temple in Jerusalem) whilst the latter as "hermei kohanim", devoted things to be given the priest, as the estate or object was not designated by its owner to the Temple in Jerusalem.

Hromim estate in the territory of Joseph

Torah commentaries^[who?] to the verse "And Eleazar the son of Aaron died and they buried him in at Givath the hill of Phinehas his son that was given to him in the mountain of Ephraim {Joshua 24:33) describe that the tribe of Joseph desired the merit that Eleazar the high priest should be buried in their territory. Thus, at the time of his demise designated Gibeah Phinehas (modern Awarta) as a herem estate; that is to be given the priests currently in duty as per the priestly divisions) and calculated to publicize the herem designation during the division cycle when Phinehas was in service, thus increasing the likelihood of Phinehas burying his father in the herem property, which ultimately happened (Meir Leibush ben Yehiel Michal on Joshua 24:33).

Reasoning

The Sifri attributes this particular priestly gift to the merit of Jochebed who deserved to be the mother of the priesthood, by mothering Aaron, due to her rescuing the infants of Israel from the pharaonic decree of infanticide of Israelite newborns;

"And Kotz gave birth to Onuv and to HaTzovevah and the families (of) Acharcheil the son of Harum (1 Chronicles 4:8); Ben (the son/child of) Herem^[4] this is Jochebed as it is written "All herem in Israel to you will be (Numbers 18)"

—Sifri to Numbers 10:29

The Sifra describes the mitzvah of hromim as enabling the Israelite to do a mitzvah with objects that otherwise do not have a mitzvah attached to them. For example a non-kosher animal other than a petter hamor, by way of the Israelite making his possession thereof herem, he elevates it to kedushah (Sifra 42b as quoted in Midrash HaGadol to Leviticus 8:25. Maimonides, in his Mishna Torah work, describes the act of creating a herem of estate or tangible as a positive mitzvah worthy of an Israelite to do and act on as it negates the common human fault of miserhood. In addition, he also categorizes the initiation of herem by an Israelite as an act of respect and honor to the God of Israel.^[5]

Another quality describing the segulah of the devoted gift to the priest is described by the Raya Mehemna addition to the Zohar as rectifying and healing the negative emotion of anger the hromim initiator may possess.^[6]

Specifics

The commandment of hromim has various nuances and specifics effecting its dispersal amongst the priests"

Unspecified hromim

Chazalic opionions differ as to the designation of stam herem (undesignated herem)^{[citation needed]} -whereas the herem initiator does not direct his herem property as consecrated to the temple in Jerusalem or the Kohanim. Maimonides opines that this undesignated herem be given the kohanim by default.

Maimonides further states that this herem property is considered hullin (mundane) and may be used by the priests for personal use. This is in contrast to where the initiator does direct his devoted property to be given the priests, where the said property retains a kodesh (sanctic) state and cannot be itemized for personal use^[7]

Dispension to the mishmaroth

Main article: priestly divisions

An additional detail of hromim allocation is dependent on the type of hromim -whether it is real estate or tangible goods:

Hromim of real estate is considered one of the four kohanic gifts that is divided amongst the serving priestly division ("Mishmar Kehuna"), while tangible hromim goods are appropriated even to the individual kohen not currently in active temple service.^[8]

In modern times

The mitzvah of hromim, although unpopular due to the infrequency of benefactor dedication, has halakhic implication in modern times:

In the diaspora

Considering the hromim gift is listed as one of the ten kohanic gifts given to the kohen outside of Jerusalem (similar to the Pidyon HaBen and the giving of the foreleg, cheeks and abomasum), poskim have noted that both types of hromim (both real estate and tangible) are designated and given to the kohen of the beth din's choice.^[9]

Solomon Luria is of the opinion that the hromim dedicator is required to specify that the property or item/s be given to the kohen in order for the kohen to be eligible as a recipient. In terms of the beth-din choosing an eligible kohen, Rabbi Luria opines that a kohen muhzak (a status-quo kohen) is sufficient for dispersion thereof as the hromim have a non-sanctic nature ("hullin").^[10]

References

1. ^ Brown Driver Briggs Hebrew Lexicon
2. ^ Rambam l'am, (Mosad Harav Kook) hilkhoth arakhin v'hromin chap. 6 note 2
3. ^ Rashbam Commentary on Numbers 21:2)
4. ^ Here the Mishna employs an exegesis on the name "Harum" by interchanging the Hebrew letter ה with a ח as they are both gutturally produced
5. ^ Mishneh Torah, Hilkhot arakhin and hromim 8:12.
6. ^ Raya mehemna to Zohar 3 p. 179a
7. ^ Mishneh Torah, Hilkhot arakhin and hromin 6:1-4
8. ^ Rav Sheshet, as quoted in Talmud Yerushalmi tractate Hallah 27b
9. ^ Mishneh Torah, Hilkhot arakhin and hromin 8:11 (as per Ulla, quoted in Arakhin 29a)
10. ^ Solomon Luria ("the Maharshal") to Bava Kamma end of minor chapter 35