THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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1) THE REASON WHY "LACHMEI TODAH" MUST BE BROUGHT INTO THE "AZARAH"
QUESTION: The Gemara discusses a case in which a Todah became mixed up with
the animal that was designated as its Temurah, and one of them died. The
Gemara says that the remaining animal cannot be brought, because if the
remaining animal is the original Todah, then it requires Lachmei Todah, but
if it is the Temurah, then it does not require Lachmei Todah. The Gemara
earlier (80b) established that it would not help to bring Lachmei Todah and
stipulate that if the remaining animal is the original Todah, then the
loaves are its Lachmei Todah, while if the animal is the Temurah, the loaves
are Chulin. Such a stipulation would not work, because one may not bring
Chulin into the Azarah.
Abaye and the Rabanan attempted to solve this dilemma. They proposed that
according to Rebbi Yochanan, who says that the loaves of a Korban Todah
become Kadosh at the moment the Todah is slaughtered even when the loaves
are outside of the Azarah at that moment, there is no reason to bring the
loaves into the Azarah! According to Rebbi Yochanan, the Gemara's proposed
stipulation should work!
The Gemara explains that the Lachmei Todah must be brought into the Azarah
in order to perform the Tenufah with them. The Tenufah cannot be done
outside of the Beis ha'Mikdash, because the verse says that it must be done
"Lifnei Hashem" -- "before Hashem" (Vayikra 7:30; see RASHI DH Lifnei Hashem
Kesiv). As we noted above, the loaves in this case cannot be brought into
the Azarah because of the possibility that they are Chulin.
The Gemara's words need explanation. The verse of "Lifnei Hashem" refers
only to the Tenufah of the *meat* of the Korban. How do we know that the
Tenufah of the Lachmei Todah must also be "Lifnei Hashem"?
ANSWER: RASHI (KESAV YAD and RASHI DH Mishum) explains that we know that
Tenufah must be done with the Lachmei Todah. We also know that the Gemara
earlier (62a) says that whenever Tenufah is performed with multiple items
including loaves of bread, the loaves are always placed on top. This implies
that when bringing a Korban that requires that Tenufah be done with multiple
items, the Tenufah is done with all of the items together. Accordingly, once
we know that the Tenufah of the meat must be done "Lifnei Hashem," we also
know that the Tenufah of the loaves must also be done "Lifnei Hashem."
The RASHASH (94a) says that the Gemara there (62a) is also the source for
the ruling of the RAMBAM (Hilchos Ma'aseh ha'Korbanos 9:7) that Tenufah is
done with the loaves and meat together.
However, the Rashash points out that this approach is not consistent with an
earlier statement of the Gemara (15a). The Gemara there explicitly states
that the loaves and the Todah do not affect each other's Tenufah (that is,
if one is missing, the Tenufah of the other is still valid). If the Tenufah
must be done with both of them together, then how can the Gemara earlier say
that the Tenufah of one can be done without the other? The Rashash answers
that when the Gemara says that they do not have to be together, it means
that the Tenufah done while the animal is still alive does not have to
include both the animal and the loaves. The Gemara there agrees, though,
that after Shechitah the Tenufah must be done with both the loaves and the
meat together. (See also MEKOR BARUCH 2:23:2.) (Y. Montrose)
2) RETRACTION OF "TOCH KEDEI DIBUR" OF A PLEDGE TO "HEKDESH"
QUESTION: The Mishnah states that if one says that he is going to bring a
Korban Todah from Chulin and the accompanying Lachmei Todah from Ma'aser, he
must bring both the Todah and the Lachmei Todah from Chulin.
TOSFOS (DH Todah) explains that this is because he first said that he will
bring the Todah from Chulin. Once his pledge took effect and he is obligated
to bring a Korban Todah, he must bring all of the parts of the Korban
(including the Lachmei Todah) from Chulin, since one may not use items of
Ma'aser to fulfill pledges that he made.
(See RASHI DH v'Im Amar and RABEINU GERSHOM who explain differently. They
explain that he must bring the Lachmei Todah from Chulin because the Lachmei
Todah is subordinate to the main part of the Korban, the animal. Since the
animal must come from Chulin, so, too, the Lachmei Todah must come from
Tosfos continues and says that the person making the pledge cannot retract
his words "Toch Kedei Dibur" as one normally may do, because of the
principle, "Amiraso l'Gavo'ah k'Mesiraso l'Hedyot" -- verbally proclaiming
an object as Hekdesh accomplishes the same thing as physically handing over
an object to an ordinary person, and thus one's spoken word causes the
object to be acquired by Hekdesh. In addition, we find that the Gemara in
Nedarim (87a) lists Hekdesh as one of the exceptions to the rule of Toch
Kedei Dibur. The RAMBAM (Hilchos Ma'aseh ha'Korbanos 15:1) also rules that
"there is no retraction [of one's word] for Hekdesh, even when one retracts
Toch Kedei Dibur."
Tosfos words are difficult to understand. Why should the principle of
"Amiraso l'Gavo'ah" remove one's ability to retract within a period of Toch
Kedei Dibur? When one gives an object to an ordinary person, he is still
able to retract within Toch Kedei Dibur (see SHULCHAN ARUCH CM 195:7)! Why,
then, when one gives an object to Hekdesh through a verbal commitment can he
not retract his word?
(a) The KETZOS HA'CHOSHEN (255:2) explains that every time one person
acquires an object from another person, the Kinyan requires a verbal
expression of consent from the original owner, in addition to the physical
act of Kinyan. An act of Kinyan without the verbal expression of consent,
and an expression of consent without an act of Kinyan, is not a valid,
binding Kinyan. Consequently, one is able to retract an act of giving by
revoking his consent Toch Kedei Dibur, since he thereby revokes his verbal
consent which is an essential aspect of the Kinyan.
In contrast, when one makes a pledge to Hekdesh, the principle of "Amiraso
l'Gavo'ah" teaches that his words are like a finalized act of giving, and
not like the verbal aspect of a normal Kinyan. That is, his words contain
both an expression of consent *and* an act of giving.
The EIZEHU MEKOMAN understands that the intention of the Ketzos ha'Choshen
is that since the pledge is considered an act of giving, the rule of "Lo Asi
Dibur u'Mevatel Ma'aseh" -- "words cannot annul an action" -- takes effect.
It is important to note that the Ketzos ha'Choshen says that this applies
only to Hekdesh, and not to pledges of giving Tzedakah, where the reason why
one must fulfill his pledge is because he has made a Neder, and not because
of "Amiraso l'Gavo'ah." The Ketzos says that it is clear to him that one who
makes a pledge to Tzedakah may retract it Toch Kedei Dibur.
(b) The KARNEI RE'EM answers that although Tosfos mentions the principle of
"Amiraso l'Gavo'ah," the truth is that one's pledge to Hekdesh is *stronger*
than giving an object to an ordinary person. Therefore, one cannot retract
Toch Kedei Dibur. This approach is also suggested by the RAN in Nedarim
(c) The SEFER V'SHAV HA'KOHEN (#18) and the AVNEI MILU'IM (27:9) in the name
of the SEFER HA'MIKNAH say that Tosfos argues that Kinyanim that involve an
action done to the item (such as Meshichah) cannot be retracted Toch Kedei
Dibur. Accordingly, since "Amiraso l'Gavo'ah" is like physically handing an
object to the recipient, it makes sense that one cannot retract Toch Kedei
However, the Avnei Milu'im himself and the aforementioned Ketzos ha'Choshen
argue that Tosfos agrees that all Kinyanim can be retracted Toch Kedei
Dibur. (Y. Montrose)