Shemini

Many explanations have been given describing the events that led to the tragic deaths of Nadav and Avihu. I would like to focus on the immediate aftermath of these events.

The action that caused the deaths of Nadav and Avihu seems to be a violation of sorts that is non-negotiable. The Torah tells us vayakrivu lifnei Hashem aish zarah asher lo tziva osam - Nadav and Avihu brought a foreign fire into the Holies, one in which they were not commanded. Immediately, the verse continues by saying vatetzai aish milifnei Hashem vatochal osam - a Divine fire consumed them. There was no negotiation over their actions, no rebuke. Rather, the punishment came swiftly and harshly.

Immediately after these tragic deaths, Moshe Rabbeinu commands Aharon and his sons to act in a manner that forgoes a state of mourning and maintains the required level of holiness necessary for the Miluim celebration. Part of that command includes the requirement to eat of the sacrifices even though the normal halacha prohibits those in the onen stage of mourning from eating of the sacrifices.  However, this command was violated by the remaining sons of Aharon - Elazar and Itamar. Moshe is angry with them for violating his command. However, Aharon immediately intercedes by explaining his actions. Vayishma Moshe vayitav b'ainav - Moshe hears Aharon's claim and accepts it. Rav Ezra Bick explains that Moshe and Aharon were having a halachic dispute. Moshe had commanded that the normal halacha regarding an onen was to be suspended during the special events of the the Miluim and, therefore, Aharon and his sons needed to eat of the sacrifices. Aharon explains that presumably this command only applies to the sacrifices that were brought specifically in celebration of the Miluim. However, as Chazal explain, the sin-offering that was not eaten in violation of Moshe's command was the sacrifice for Rosh Chodesh. After all, the eighth day of the Miluim - when these events were happening - was also Rosh Chodesh Nisan and, therefore, carried with it the standard sacrifices of Rosh Chodesh. Aharon claimed that this sacrifice should not be included in the pardon from the standard laws regarding an onen. That is why this sacrifice was not eaten. After this halachic debate, Moshe agrees.

There is an obvious parallel to the story of Nadav and Avihu. The episode of Korach's rebellion uses much of the same language seen in the episode of Nadav and Avihu: ish machtaso; vayasimu alaihen ketores; Divine fire devouring sinners, etc. However, there is an interesting difference between the two episodes. The episode of Nadav and Avihu begins with a non-negotiable act and resulting punishment, followed by a halachic debate, whereas the episode of Korach begins with a halachic debate and is then followed by a non-negotiable act and punishment. Korach's initial approach to Moshe is a question about wearing the required techeiles strings on a garment that is completely techeiles. We might even suggest that his argument about all of Bnei Yisrael being holy and, therefore, questioning the special position of Aharon is also a halchic debate in its attempt to understand the halachic differences in Avodas Hashem. Moshe responds by conversing with Korach and explaining that there are multiple paths to avodas Hashem and that his tribe of Leviim were given special status as well. Moshe even gives Korach and his cohorts the night to further explore the matter in the hopes that they will reach a proper conclusion (boker, veyoda). It is only after Korach spends the night going from tent to tent trying to convince the people to join his revolt that Moshe demands non-negotiable restitution for Korach's obvious acts of rebellion.

What is the difference between these episodes and why is the punishment so severe while the violation of Moshe's command perpetrated by Elazar and Itamar is easily explained away?

The Talmud tells us that there are three crowns: the crown of malchus/royalty, the crown of Kehuna/priesthood, and the crown of Torah. The crowns of royalty and priesthood are inherited, passed from father to son. The crown of Torah is available to all. In contrast to the specific, clear boundaries determining who can sit in the throne and who can perform the services in the Beis HaMikdash, the crown of Torah has no boundaries. Attainment of the crown of Torah is not confined to any specific class, family, or community. It does not require wealth or status. The crown of Torah is available for any and all to attain. Anyone and everyone is welcome to wear the crown of Torah and with relentless effort and commitment anyone can add more and more jewels to it.

The episode of Nadav and Avihu is certainly teaching us the idea that there are boundaries in Yahadus and they must be adhered to. Certain boundaries are inviolable and non-negotiable. Vehazar hakareiv yumas - a non-Kohen who performs the priestly service in the Bais HaMikdash is subject to the death penalty. It is a non-negotiable and carries with it swift and harsh punishment. An attempt to usurp the throne carries similar consequences. The Ramban in parshas Vayechi explains that illegal usurping of the throne by the family of Chashmonaim is the reason why the Chashmonai family was completely wiped out. The crowns of royalty and priesthood have inviolable boundaries.

The crown of Torah does not have these boundaries and is available to all. Nadav and Avihu attempted to perform a service in the Holies that was not theirs to perform. The consequences came swiftly. The violation of Moshe's command by Elazar and Itamar was a halchic dispute. Aharon has the same right to attain the crown of Torah as Moshe Rabbeinu. Aharon merely wanted to understand the halchic details of Moshe's command. This halachic dialogue is welcome and encouraged as it refines the Torah and beautifies its crown. Moshe's initial anger is based on an assumption that Elazar and Itamar are violating a non-negotiable boundary in a similar manner as was done by Nadav and Avihu. Aharon immediately intercedes and explains that there is a halachic dispute that needs to be resolved, not a rebellion that needs to be suppressed.

Moshe's initial reaction to Korach is based on an assumption that Korach remembered the lesson of Nadav and Avihu and, therefore, was merely presenting a halachic inquiry to Moshe. Moshe responds in kind with a patient explanation of decisions. After all, Korach is merely pursuing a greater portion in the crown of Torah to which he is entitled. It is only after Moshe recognizes that Korach's discussion was not founded on Torah but predicated on rebellion. This is no longer negotiable.

One of the essential lessons of the episode of Nadav and Avihu is the concept that there are boundaries in Yahadus. In addition, an essential lesson of the aftermath of the episode, the actions and discussion of Moshe, Aharon, Elazar and Itamar is that the attainment of the crown of Torah is available to all. There are no restrictions determining who can and who cannot achieve the greatest levels of Torah scholarship. Both lessons, performed simultaneously, constantly, and consistently, are essential ingredients to proper Avodas Hashem.