We are told in the Torah portion known as Behaalotcha that on the year after the Exodus, the Children of Israel brought the Passover offering at its proper time on the fourteenth day of Nissan. (Bamidbar 9:2.) There were, however, people who were unable to observe this commandment because they were ritually impure due to their coming in contact with the dead (there is a controversy over whether this was a normal occurrence of a death, Met Mitzvah, or these were the people who were carrying the bier of Joseph to Israel.) These people approached Moshe and asked him, why the fact that they were fulfilling a mitzvah should cause them to be led into a transgression of not offering the mandatory paschal sacrifice. (Seforno, on Bamidbar 9:7.) Out of this situation, the concept of Pesach Sheini was revealed, i.e. that ritually impure people or those at a far away distance who were unable to come to the temple or tabernacle for Passover, were able to bring the offering a month later.
This leads to the topic of how ritual impurity caused by contact with the dead was dealt with within the Jewish community.
The Rambam states the following principle:
Those who were defiled by the dead during the time of the first Passover, if they were the minority of the community, they are pushed over to performing the second Passover (a month later) as other impure people were. But, if the majority of the community were impure due to the defilement of death, . . . then they are not pushed over (to the second Passover) but all of the people celebrate (the first) Passover together in a state of impurity, both the impure and the pure, for it (the Torah) states, “there were individuals who were impure because they came into contact with human dead . . .” Numbers 9:6. Individuals are pushed over, but the community is not pushed over. . . (Mishneh Torah, Laws of the Paschal Sacrifice 7:1 See also Pesachim 89a.)
Scattered throughout the Talmud is a complex controversy about the nature of this law. That controversy proves to be extremely consequential in defining the nature of the Jewish community. It is framed in the following manner: Is the ritual impurity overridden in a communal setting because it becomes nullified (Hutra) and thus no longer exists, or is the impurity merely pushed off (Dechuya) concerning certain aspects of it, but still remains intact? Dechuya means that the community remains impure, but is allowed to offer certain sacrifices in a state of impurity. (See Yoma 4a, controversy between R. Yehuda and R. Shimon; Yoma 6a controversy between R. Nachman and R. Sheshet; Pesachim 76a; Menochat 25a and Temura 14a).
For either of these possibilities (Hutra or Dechuya) to occur, certain conditions must be present. First, the only communal ritual impurity which can be overridden is tumat met, the defilement which arises by contact with the dead. This principle does not apply to a defilement which arises from the body of a living individual, for example menstrual blood, seminal effusion, touching the body of a dead animal or dead crawling animal or insect (sheretz). In addition, the offering must be one which is brought at a specific time and which cannot be delayed for any future time. This thus applies primarily to communal offerings, for all communal offerings are brought at a specific time, while only a few individual sacrifices are time specific. Rashi maintains (Temura 14a) that it is primarily the time specificity which overrides the laws of impurity.
The concept of the majority being ritually impure can occur in one of three ways: It applies either to the majority of people who became impure, majority of the acting priests, or majority of the vessels used for the offerings.
One additional factor which is required to override impurity is the Tzitz or golden headband which was worn by the High Priest. This is based upon the verse, “and it shall be on the brow of Aaron and Aaron will carry the sin of the offerings which the children of Israel will bring. . .” (Shemot 28:38). This condition, however, operated very differently for those who maintained that impurity was overridden by Hutra and those who maintained Dechuya. To the one who maintains Hutra, the Tzitz was necessary for individual offerings which have a mandated time frame both to be offered and, when appropriate, eaten. There was no need for the Tzitz in communal offerings which were mandated by a specific timeframe for those who maintained Hutra because such impurity was nullified and no longer existed. (Menachot 25a.)
Upon greater analysis, we begin to understand what the true purpose of the Tzitz was for those who maintained Hutra. The Tzitz had the effect as the spiritual unifying force, through the role of the High Priest, to include the individual who was offering his sacrifice but was ritually impure, into the community of Israel.
To those who maintained Dechuya, however, the Tzitz was necessary even in a communal setting for the ritual impurity was repelled, but still existed. (Mishneh Torah, Biat Hamikdash, 4:7.) In addition, it was only permitted to sacrifice the animal, but not to eat any of its flesh, for that had to be burned with the offering; even in a communal setting.
The question is then raised, if that is correct (it had to be burned even in a communal setting) why were people who were basically impure, nevertheless required to eat the paschal sacrifice? The Rambam explains that since the only purpose for slaughtering the paschal offering was in order to eat the meat, no distinction should be made between the requirement to burn the sacrificial portions and eating the other portions. (Mishneh Torah, Laws of Paschal Sacrifice 7:8.)
The major consequential difference between Hutra and Dechuya was whether there was a need to limit the impurity as much as possible. A basic example is a situation when the designated Kohanic family for performing the sacrifices (Bet Av) became impure; to the one who maintained Hutra, there was no need to find a substitute group who were pure. To the one who maintained Dechuya, it was necessary to find another Bet Av to perform the ritual who remained in a state of purity.
We must now analyze the philosophical basis which allowed impurity to be overridden in a communal setting and what relationship the Tzitz had to this process. Rashi explains that for those who maintain that impurity is Hutra in a communal setting and thus impurity is totally nullified, is because of the principle of Kavod Hatzibur or the honor of the community.
The importance of maintaining and emphasizing the honor and glory of the people of Israel was of primary importance which took precedence even over the principles of impurity, even though it is a cardinal principle in Judaism. In a situation when the status of the community and its honor was not threatened, that is i.e. in cases of individual impurity, the Tzitz played a role in overriding that impurity symbolically through the high priest who represented all of Israel. (Menachot 25a.)
To those who maintained the concept of Dechuya, however, Kavod Hatzibur was not a sufficient reason to override impurity; it required the addition of the Tzitz. This can be explained in the following manner: The Rambam states the following law:
“The whole house of Israel (Beit Yisrael) are commanded to sanctify the great Name of God. For it says, ‘I will be sanctified in the midst of the children of Israel.’” (Vayikra 22:32. Mishneh Torah, Yesodei Hatorah 5:1.) In addition, we have similar verses in other places in the Torah: “be sacred, because I, the Lord Your God, am sacred.” (Vayikra 19:2.) “For you are holy nation to the Lord your God.” (Devarim 7:6.)
It is important to note that the Rambam does not say every Jew is commanded to sanctify God, but rather the house of Israel. Although every Jew must do what is in his power to sanctify God, the essential process of sanctification occurs through the community. The sanctity of Israel is an extension of the sanctity of God. That sanctity would be compromised if Israel as a community would become impure and unable to perform its mandatory sacrificial obligations.
The life of the community becomes the greatest testimony to the truth of the God of Israel. If the community is prevented from fulfilling its sacrificial obligations, it would be a diminution of the sanctification of God. Thus, the requirement of the community to sanctify the name of God must override the halakhic requirements which have to do with the laws of purity. Those laws must either be nullified or pushed away to allow for the greater requirement.
We can now understand why, especially in the case of Dechuya, the Tzitz plays such an important role in this process. It must be viewed as a crown worn by the spiritual head of Israel, the High Priest. When the High Priest wears that crown, he represents the whole house of Israel and spiritually unifies the community. Once the individuals are unified as a community, they have the obligation of Kiddush Hashem, the sanctification of God.
Thus, we are better able to understand the essential role of Jewish life, which is the sanctification of God through the halakhic discussion of whether communal ritual impurity is Hutra or Dechuya.