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Previous dafPesachim 98
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg
and the parenthetical marginal notes of the Vilna Shas. This section is
devoted to any *OTHER* changes that we feel ought to be made in Gemara,
Rashi or Tosfos.)
 Rashi 98b DH Hu Ochel Imahen [right column, near the bottom]:
The words "Harei Nimshach Min ha'Rishon" are the last words in this Dibur
ha'Maschil. The words "v'Chazar Bo mi'Shelichuso" are part of another Dibur
ha'Maschil that was omitted from the printed editions. The omitted Dibur
ha'Maschil is, "*v'Ein Yadu'a Chulei (etc.) v'Hu Eino Ochel Imahen Shema
Shelo Nishchat Rishon* v'Chazar Bo mi'Shelichuso." (Dikdukei Sofrim #400)
1) [line 10] NEDARIM U'NEDAVOS EIN KREIVIN B'YOM TOV
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary
sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos
(which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6),
Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or
Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) When a person states, "I pledge an Olah," without singling out a
specific animal, his pledge is called a Neder. When he sets aside an animal
with which to fulfill his pledge, and the animal gets lost or dies, he must
bring another in its place. If he states, "*This* animal is an Olah," his
pledge is called a Nedavah. If the animal gets lost or dies, he has no
obligation to bring another in its place.
(c) There is a dispute among the Tana'im as to whether voluntary sacrifices
may be offered on Yom Tov, as is recorded in Beitzah 19b. The Tana'im that
state that they may be offered argue that: 1. since parts of Shalmei Nedavah
are eaten, the Melachos necessary for offering them on Yom Tov are
permitted, just as cooking is permitted for the preparation of food. 2.
According to some (see RASHI Beitzah 19a DH Aval Lo Olos), even Olos Nedavah
may be offered because the person who offers them benefits from them by
increasing the glorification of HaSh-m. Therefore, slaughtering Olos falls
under the category of mi'Toch she'Hutrah l'Tzorech, Hutrah Nami she'Lo
l'Tzorech Ochel Nefesh (since they may be slaughtered for a slight Tzorech
Hedyot (layman's use), they may be slaughtered even though no preparation of
food is involved). (Alternatively, the extra word "la'HaSh-m" (Vayikra
23:41) was written specifically to include offering Nedarim and Nedavos on
Yom Tov -- Beitzah 19a, 20b).
(d) The Tana'im that state that they may *not* be offered on Yom Tov rule
that even Shalmei Nedavah may not be offered (and certainly not Olos
Nedavah) since: 1. they are not considered Tzorech Hedyot at all. Korbanos
are brought l'Tzorech Gavo'ah (for supernal use), and the layman only
receives his share from on high. Melachos that are performed *solely*
l'Tzorech Gavo'ah are not permitted on Yom Tov, since the verse (Shemos
12:16) states "Lachem" (TOSFOS Shabbos 24b DH Lefi). 2. Alternatively, since
the verse (Vayikra ibid.) states "v'Chagosem," only Korbanos such as the
Chagigah may be offered. The Chagigah has a set time at which it may be
offered. Nedarim and Nedavos, which may be offered on any day, may not be
offered on Yom Tov (RASHI Beitzah 20b DH mid'Oraisa)
(e) All of the above reasons follow the opinion of Beis Hillel. According to
Beis Shamai, Nedarim and Nedavos certainly may not be offered on Yom Tov
(Mishnah Beitzah 19a)
2) [line 13] ANINUS(The Halachic status of a mourner immediately after a
close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to
an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine
service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating
Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after
Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to
the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa
always applies for the entire day or for part of the day in certain cases.
With regard to these questions, Aninus may be broken into five time periods,
1. The day of death, before burial - according to all opinions Aninus
mid'Oraisa applies, as above.
2. The day of death, after burial - according to Rashi (Pesachim 90b DH
ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to
the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before
burial; according to Ramban in #2, even after burial) - the Tana'im argue if
the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim
rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried -
Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of
burial. Also on the day of "Likut Atzamos" (when the remains of one of the
close relatives are exhumed and re-buried elsewhere), the Rabanan decreed
that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue
whether the person is an Onen mid'Rabanan or not at all, and the Halachah
follows the opinion that he is not an Onen at all.
3) [line 2] MEVI'IN KODSHIM L'VEIS HA'PESUL
(a) Every Korban has specific Halachos with regard to when, where and by
whom it may be eaten. Some are eaten on the day that they are slaughtered
and the following night, while others are eaten for two days and the night
in between. Some may be eaten in all of Yerushalayim, while others must be
eaten only in the Azarah (courtyard of the Beis ha'Mikdash). Some may be
eaten by any Jew, while others may only be eaten by the Kohanim.
(b) If we have a doubt with regard to an animal that is at hand, as to which
Korban it is (e.g. if certain Korbanos got mixed up), the animal can be
offered conditionally. This applies when the Halachos in (a) above are equal
for the different types of Korbanos (and the process of their sacrifice is
also equal). For example, if a Chatas stands before us and we are unsure as
to whether it was designated for a certain woman or for another, we may
offer the animal for whomsoever in reality it belongs. If it was meant for
the first woman, she has fulfilled her obligation. If it was meant for the
second woman, *she* has fulfilled *her* obligation. (This example is
specific to women, who are not required to do Semichah (see Background to
Pesachim 96:10). Men, however, are obligated to do Semichah, which may only
be done by the owner, so the option of offering it for "whomsoever" is not
available -- RAMBAM Hilchos Pesulei ha'Mukdashin 6:4).
(c) If, however, we are in doubt as to whether an animal was designated as
one of two *types* of Korbanos which have different Halachic requirements
for eating, the Chachamim rule that we may not offer the animal l'Chatchilah
conditionally, because this would cause its opportunity to be eaten to be
reduced, possibly causing it to become Nosar (Pesachim 98b, Zevachim 75b).
For example, if we are uncertain whether an animal is a Chatas or a
Shelamim, if it is indeed a Shelamim, non-Kohanim may eat it, for two days
and the night in between, in all of Yerushalayim. If it is a Chatas, only
Kohanim may eat it, for one day and the night afterward, only in the Azarah.
Since we have a doubt, we would be forced to be stringent and limit the
time, people and place of its eating. This may cause the Korban to become
Nosar, since there are now less people who may eat it in less time. For this
reason, this Korban should not be offered l'Chatchilah. (Rebbi Shimon argues
with the Chachamim and rules that it is better to limit the time people and
place of its eating rather than to put it out to pasture, wait for it to
develop a Mum (blemish) and redeem it.)