Our Gemara on Amud Aleph discusses the halachos of the calf whose neck is broken, a ritual performed to atone for an unsolved murder (Devarim 21:1-7). The ritual involves breaking the neck of a calf that was not subject to any work, by a strong stream of water, on a parcel of land that is not to be planted or cultivated.

The Gemara quotes a Mishna that rules if the murderer was found before the neck of the calf was broken, the calf can return to the flock, that is to say, it does not remain consecrated for a sacrifice.

The Gemara uses this teaching as a

proof that in an ordinary case, if someone slaughtered the calf, it would be considered a slaughter intended for consumption, and permit the meat. How is this so? Because unless if the calf was considered consecrated prior to the moment of breaking the neck, if the murderer was discovered the meat should not be permitted. Rather it must be that the consecration only occurs at the time of the breaking of the neck. By the fact that in a case where the murder is discovered, the meat would be permitted, that also shows that if, for whatever reason it was slaughtered in any situation, the meat is permitted, as it was not yet consecrated.

Tosafos (ibid) asks, how could this be a proof for an ordinary case? In this situation, and only in this situation, we may say it’s because the entire consecration was made on a false premise. When they consecrated the calf, they had an unsolved murder on their hands. Once the murderer was discovered, retroactively the consecration was invalid because it was done under a false premise. However, in the case of somebody who just slaughters the calf before the ritual was performed, it may still have the status of consecrated meat from the moment of its dedication and be forbidden.

Tosafos answers, that since it was such an unlikely scenario that the murderer would be found, there was no implied condition, because they didn’t even contemplate that. Therefore, it is considered as if they consecrated it fully with no strings attached. (In general, this is a nuanced point that comes up in other halachic situations. Certain presumptions are implied and therefore treated as if they are explicitly mentioned, and others, even if unforeseen, because the person doesn’t even have in mind the contingency, it is as if the person resolved to commit no matter what and it is not conditional; see Kiddushin 50a and Kesuvos 97a and Tosafos ibid.) Suffice it to say, according to Tosafos’ answer, when they dedicated the calf, since it was so unlikely to find the murderer, there was no implied contingency, and the consecration was complete without any conditions, presumed or otherwise.

The Rambam in Moreh Nevuchim (III:40) explains the reason for this ritual is to create a buzz where people will talk and also feel more compelled to come forward with any leads or identity of the killer. He goes further to say that when a credible accusation is made about the murderer, even if there is not enough evidence to render him guilty in a court of law, the information is valuable on the purpose is served, because there are other extra-legal powers that can be taken by the leadership. (Jewish law makes accommodations for something akin to an “emergency powers act” if there is a sense on the part of the Sanhedrin or government that the system is being gamed and there is a breakdown of law and order.)

If we take into account the Rambam’s explanation, we have a different answer to Tosafos’ question. Even if the murderer was discovered, it would not make sense to say that the sanctification was under false premises, because it was the ritual itself that brought about the discovery. That’s like buying snow tires and asking for a refund because you didn’t get into an accident. The whole point of the snow tires is that you do not skid; here too, the point of the ritual is to flush out the murderer. If that indeed was accomplished, then the ritual and consecration was for a good reason.

Interestingly, Targum Yonasan (ibid 21:8), which typically blends translation with Midrashic interpretations, paraphrases the verse as follows:

“And the priests shall say: Let there be expiation for thy people Israel, whom Thou, O Lord, has redeemed, and do let not the guilt of innocent blood be placed upon Your people Israel. And may the one who committed the murder be revealed. Immediately a swarm of worms will emerge from the excrement of the heifer, and spread abroad, and move to the place where the murderer is, and crawl over him: and the magistrates shall take him, and judge him.”

Targum Yonasan also has a tradition that the ritual will help discover the murderer by supernatural means. The foulness of the person will apparently attract the foul worms that reside in the calf’s excrement. However, this process of discovery only happens after the animal is killed, and so, unlike the Rambam, this approach would not provide an alternative answer to Tosafos. As I reflect upon it, the Rambam would say the source Midrash of the Targum Yonasan was speaking metaphorically, that the process would lead to discovery of the murderer. Or it could be a combination, such as a blend of natural and supernatural elements, that depending on the merit of the people of the city and other circumstances, the ritual would generate leads to discover the murderer. (This can be compared to the Sotah ritual, which may have worked differently with different people depending on their merit. See Mishna Sotah (3:5) and Sotah 28a.)

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Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, LMFT, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com