Misva #110: Not to Produce a Replica of the Ketoret

The Torah in Parashat Ki-Tisa (Shemot 30:37-38) introduces the prohibition against producing the combination of spices in the same measurements as those used to make the Ketoret (incense) in the Bet Ha’mikdash. This prohibition is violated only if one prepares the spices for the purpose of using it, as the verse says, “A person who mixes it in order to smell it…” In explaining the reason behind this prohibition, the Sefer Ha’hinuch references his earlier discussion (Misva 108) regarding the prohibition against producing a replica of the Shemen Ha’mish’ha (anointing oil). There he explained that things which are rare and not easily accessible are regarded as more precious and valuable. If everybody was allowed to create the Ketoret, then the scent of the Ketoret in the Bet Ha’mikdash would not have much of an impact. The Torah wanted the experience of visiting the Bet Ha’mikdash to be special and impactful, and so it forbade making a replica of the Ketoret, such that it would be unique and exclusive to the Bet Ha’mikdash. It is permissible to produce the Ketoret as part of the training process, to learn how to make it. The Sefer Ha’hinuch writes that it is also permissible to make the Ketoret to sell it to the Bet Ha’mikdash. Later writers noted that in truth, it is forbidden to sell the Ketoret, as one would thereby be deriving benefit from it. Hence, it seems likely that there was a copyist’s error in the text of the Sefer Ha’hinuch, and it should say “Le’mosrah” (“to give it”) instead of “Le’mochrah” (“to sell it”). One violates this prohibition even if he does not make a complete quantity of Ketoret, as long as he uses the same spices in the same proportions as those used when making the Ketoret. This prohibition applies to both men and women, in all places, and in all times. Even nowadays, if a person can obtain all the spices used in the Ketoret, and he grinds them and mixes them in the same proportions as were used to make the Ketoret, in order to smell it, then he violates this command. One who transgresses this prohibition intentionally is liable to Karet (eternal excision from the Jewish People), and one who violates it mistakenly must bring a Hatat (sin-offering). The Sefer Ha’hinuch writes that this prohibition forbids producing incense like the Ketoret to enjoy its scent, but not smelling the actual Ketoret in the Bet Ha’mikdash. Smelling the Ketoret itself violates the separate prohibition of deriving personal benefit from hallowed articles. Later scholars addressed the question of how it was permissible for anyone to go to the Bet Ha’mikdash, given that visitors would invariably smell the fragrant scent of the Ketoret. In fact, the Gemara teaches that the scent of the Ketoret was so strong that it was smelled far away in the city of Yericho. And, the Gemara teaches that brides in Jerusalem did not need to apply perfume, because just by being present in the city, they had the pleasing fragrance of the Ketoret. How could anybody be present in Jerusalem, if they would be enjoying the fragrance of the Ketoret? The commentators explain that the prohibition against benefitting from the Ketoret applies only until the Misva is fulfilled – meaning, until the spices are burned on the coals on the altar. And thus by the time the scent was produced, the prohibition no longer applied. However, even after the incense was placed on the coals, it was forbidden to go out of one’s way to smell the Ketoret, but there was no prohibition at that point against enjoying the scent if one happens to be in an area where the fragrance was present.