HALACHA OF THE WEEK: Parshat Parah
This Shabbat, we will be reading the special maftir of Parshat Parah - the description of the mitzvah of the Red Heifer - the Parah Adumah. According to the Shulchan Aruch, there are opinions that, just as last week's reading of Parshat Zachor is a Biblical obligation, so too is Parshat Parah [Orech Chaim 785:7]. This ruling seems to be his opinion as well, as he notes in the laws of the Torah reading [Orech Chaim 146:2]. However, the Mishna Berura notes that many others disagreed, including the Vilna Gaon, the Shaarei Ephraim, and the Pri Chadash, ruling the Parshat Parah is only Rabbinic in nature [ibid.].
Rabbi Yechiel Michel Epstein, in his Aruch HaShulchan, explained the Biblical source for this mitzvah was the fact that in the Parshat Parah, the Torah refers to the mitzvah as an eternal command ("chukkat olam") [Devarim 19:10]. But, since this mitzvah is only practiced when there is a Beit HaMikdash, how can it be eternal? The answer is that when we cannot practice the mitzvah, at least we must read about it.
However, Rabbi Yaakov Kamentzky, in his Emet L'Yaakov (Devarim 9:7), saw a different Biblical source for this special Torah reading. He wrote that the source is the mitzvah we have to remember how we angered G-d in the desert (זכור אל תשכח את אשר הקצפת את ה' אלקיך במדבר). According to him, this verse refers to the sin at Marah when the Jews complained about the lack of drinkable water. It was there that the Jews received three mitzvot, the first of which was the Parah Adumah.
Malbim, in his halachic work Artzot HaChaim [Orech Chaim 785] agreed that the source for this mitzvah was the same verse in Devarim, however, he wrote that it is a reference to a different transgression that angered G-d, the sin of the Golden Calf. However, since this sin was so disgraceful, we read instead about the Parah Adumah, which serves to atone for that sin.
According to Rabbi Eliezer Waldenberg, the Malbim's explanation may also be the reason that women were not as vigilant to hear the reading of Parshat Parah as they are for Parshat Zachor. After all, women did not participate in the sin of the Golden Calf, and therefore they should not be obligated in a reading that is a form of atonement for that sin!
Another possible explanation as to were not as careful with Parshat Parah was offered by Rabbi Moshe Shternbuch in his Moadim u'Zmanim (2:168). As he explained, the mitzvah of remembering Amalek is a mitzvah incumbent on each Jew, man, and woman. However, the mitzvah of Parah Adumah is a communal obligation, and therefore women are exempt.
DVAR TORAH
And they stood under the mountain: Rav Avdimi ben Chama ben Chasa said: This teaches that the Holy One blessed be He, overturned the mountain above them like a barrel and said, "If you accept the Torah, it will be well. If not, this will be your burial place." av. Akha ben. Yaakov observed: This constitutes a strong protest against the Torah. Said Rava: Even so, they re-accepted it in the days of Achashverosh, for it is written, the Jews confirmed and took upon them, meaning, "they confirmed what they had accepted before." [Shabbat 88a]
Rabbi Jonathan Sacks explained the meaning of this text as follows: at Sinai, the Jewish people had no choice but to accept the covenant. They had just been rescued from Egypt. G-d had divided the sea for them; He had sent them manna from heaven and water from the rock. Acceptance of a covenant under such conditions cannot be called free.
The real test of faith came when G-d was hidden - which is what Rava explained. Which happened in the time of Esther, whose story is told in the book that does not contain the name of God, and who's name refers to the phrase haster astir et panai, "I will surely hide My face." Despite the dangers they faced and the absence of G-d's revelation, the Jews remained Jews, reaffirming the covenant. Faced with God's presence, they disobeyed Him. Confronted with His absence, they stayed faithful to Him. That is the paradox of the stiff-necked people.
Following the sin of the Golden Calf, Moshe Rabbeinu pleaded with G-d saying, "Forgive them because they are a stiff-necked people." Because Moshe understood that the time would come when stubbornness would be not a tragic failing but a noble and defiant loyalty.