Tosefta Kippurim

t. Kippurim 1:8

70–300

Why did he turn aside and weep? Because it was necessary to impose an oath on him. And why did they turn aside and weep? Because they had to impose an oath on him.

And why was there a need to impose an oath on him? Because there was once an incident involving a Boethusian who lit the incense while he was yet outside the holy of holies, and the cloud of the incense went out [into the sanctuary] and upset everyone present, for the Boethusians say that [the high priest] should light the incense while he is yet outside the holy of holies, as is written: [He shall place the incense on the fire before the Lord and] the cloud of the incense will cover [the curtain that is over (the Ark of) the Pact, lest he die] (Leviticus 16:13). But the sages said to them: But is it not written: He shall place the incense on the fire before the Lord?—Thus, the one placing the incense should do so only within [the holy of holies, before the Lord]. If so, why does the verse say: the cloud of the incense will cover? To teach that he should put a smoke-raiser [on the coals, before entering the holy of holies, but not the incense], and that if he does not put a smoke-raiser [on the coals] then he is liable to death.

When [this Boethusian priest] came out, he said to his father, “All your days you have expounded [the ritual in this manner], but you have not performed it so, until I arose, and I did it.” He said to him, “Even though we have expounded [the ritual in this manner], we do not perform it so. Rather, we obey the sages. I would be very surprised if your days are many.” It was only three days later that he lay in his grave.

Translated by Christine Hayes.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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The Tosefta often provides background information needed for a full understanding of a terse mishnah. Tosefta Kippurim 1:8 explains the reason for the weeping of the high priest and the elders of the court as described in m. Yoma 1:3–6 and in so doing steers our interpretation of the mishnah in a particular direction (see “Mishnah Yoma”). Specifically, both parties lament the fact that sectarian divisions have created the need for an oath to ensure that the high priest is not a closet Boethusian who will perform the incense ritual in accordance with their sectarian views. (Boethusian is an anglicized form of a poorly understood Hebrew term; it is widely held that this group was associated in some way with the Sadducees, opponents of the Pharisees.)

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