THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha
Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife
and daughters. Well known in the community for his Chesed and Tzedakah, he
will long be remembered.
1) RE-USING A "CHATAS SHE'NISKAPRU BE'ALEHA" THE FOLLOWING YEAR
QUESTION: The Gemara questions whether the past year's Korbanos may be used
for the following year. It proves that they may *not* be used from a
Beraisa which says that if one separated a Par and a Se'ir for Yom Kipur
and then a different Par and a different Se'ir were brought instead, Rebbi
Yehudah says that the Par and Se'ir must be put to death, and Rebbi Eliezer
and Rebbi Shimon say that they must graze until they become blemished. The
Gemara asks why should they be put to death (or left to graze)? Let them be
used for next year's Yom Kipur!
What is the Gemara asking? The reason each animal is put to death is
because it is a "Chatas she'Niskapru Be'aleha," a Chatas owned by someone
who attained atonement through another Korban. The Halachah l'Moshe
mi'Sinai says that such a Chatas is put to death. What difference does it
make if it is fit to be used next year? It must be put to death because
that is what the Halachah l'Moshe mi'Sinai requires!
ANSWERS: The TOSFOS YESHANIM and the RITVA answer that the Halachah l'Moshe
mi'Sinai requires that a "Chatas she'Niskapru Be'aleha" be put to death
only because there is nothing else that can be done with that animal. Once
a Chatas is separated for a particular transgression, it becomes
exclusively reserved to atone for that transgression. If the owner attains
Kaparah by bringing another animal as the Chatas, then the first one can
never be brought as a Chatas, either because the Chatas was separated only
for a specific transgression and that particular transgression was already
atoned for (Tosfos Yeshanim), or because there is no reason to expect that
this person will sin again inadvertently (Ritva -- The Ritva holds that a
Korban Chatas does not become reserved to atone for *the specific event of
transgression*, but to atone for the *prohibition that was violated*.
Therefore, if he violates it again inadvertently, this Chatas will be able
to atone for him once again.).
Therefore, Chatas she'Niskapru Be'aleha does not apply to the Chatas
Tzibur, the public Chatas, brought on the festivals and Yom Kipur. Those
Korbanos Chatas attain atonement not for a specific sin committed, but for
a general category of transgression (Tum'as Mikdash v'Kadoshav -- entering
the Mikdash while Tamei, or eating Kodshim while Tamei) that was committed
during the past year. Such a Korban is fit to be brought the following
year, since it is not designated to atone for a specific act. Therefore,
according to the opinion that holds that the past year's Korbanos can be
used for the next year, this type of Chatas should be brought next year.
2) USING THIS YEAR'S "SE'IR" FOR NEXT YEAR'S YOM KIPUR
QUESTION: The Gemara asks that if it is true that this year's Korbanos may
be used for next year, as Rebbi Yehudah says (65a), why is this year's
Se'ir la'Shem not brought next year? That is, in a case where the Se'ir
la'Shem became lost and another Chatas was brought in its place and then
the Se'ir was found, that Se'ir should be offered the next Yom Kipur (and
not put to death). The Gemara answers that the Goral from last year does
not help for the following year, and therefore the Se'ir la'Shem cannot be
brought as the Chatas la'Shem next year, because a new Goral needs to be
made. The Gemara asks that if a new Goral needs to be made, then just make
a new Goral on this Se'ir next year!
3) KILLING AN ANIMAL BECAUSE OF A "GEZEIRAH D'RABANAN"
What is the Gemara's question? If this Se'ir has already been chosen by the
previous year's Goral to be the Se'ir la'Shem, then how can a new Goral be
made on this Se'ir? If a new Goral is made, perhaps the Goral will choose
this Se'ir not as the one la'Shem, but as the Se'ir la'Azazel! But if it
was already sanctified as the Se'ir la'Shem, it cannot be brought as the
(a) The TOSFOS HA'ROSH and TOSFOS YESHANIM appear to understand that when
the Gemara says that the Goral from last year does not work for next year,
it means that *the effects* of last year's Goral are annulled.
Consequently, this Se'ir is no longer designated as the Se'ir la'Shem.
However, its designation as one of the two Se'irim of Yom Kipur remains,
and therefore it should be used as one of the two Se'irim for the next Yom
Kipur, when a new Goral is performed.
(b) The MENACHEM MESHIV NEFESH says that the Gemara means that the Se'ir
should be saved for the following year, and when a new Goral is performed,
*perhaps* this Se'ir will again be selected as the Se'ir la'Shem and it
will be able to be used. If it is not selected as the Se'ir la'Shem, then
it will indeed be put to death.
(c) The DIKDUKEI SOFRIM points out that the earlier manuscripts (such as
the K'sav Yad Munich) omit this question entirely from the Gemara.
QUESTION: The Gemara cites Rebbi Yehudah who says (Shekalim 2:1) that the
Korbanos of one year may be brought for the following year. The Gemara asks
that the Beraisa (65a) quotes Rebbi Yehudah himself who states that one may
not use the past year's Par and Se'ir of Yom Kipur for Yom Kipur of the
next year. The Gemara suggests several answers why the Par and Se'ir
The Gemara suggests that the Se'ir cannot be used the next year because the
Goral of one year will not work for the following year. Since the Se'ir is
already sanctified as the Se'ir la'Shem, they will not be able to perform
the Goral for it next year. The Gemara rejects this answer because it does
not apply to the Par (which is not selected by the Goral). Perhaps,
continues the Gemara, the Par should die because of a Gezeirah of the
Se'ir? No, the Gemara asserts, it is not logical to put an animal to death
due to a Gezeirah.
The Gemara then suggests that the reason the *Par* cannot be used the next
year is because of a Gezeirah of a "Chatas she'Meisu Be'aleha" (that is, to
prevent people from thinking that a Chatas whose owner died does not have
to die), or because of a Gezeirah of a "Chatas she'Avrah Shenasah" (that
is, to prevent people from thinking that a Chatas whose year has passed can
still be brought as a Korban). The Gemara rejects these answers because
they do not apply to the Se'ir. The Gemara again adds that it is not
logical to put an animal to death due to a Gezeirah.
Why does the Gemara not simply combine the valid explanation that was given
for why the Se'ir is not brought the next year, with the valid explanation
that was given for why the Par is not brought the next year? The reason the
Se'ir is not brought the next year is because the Goral from last year does
not work for the next year, and the reason the Par is not brought is
because of a Gezeirah of a "Chatas she'Meisu Be'aleha" or "Chatas she'Avrah
Shenasah." Simply combine the answers and the question will be resolved!
ANSWER: The GEVURAS ARI suggests that when the Gemara says that it is not
logical that an animal should die because of a Gezeirah (that since the Par
must die for a valid reason, the Rabanan decreed that the Se'ir must also
die), it also means that it is not logical that the Par should die because
of a Gezeirah of a "Chatas she'Meisu Be'aleha" or "Chatas she'Avrah
Shenasah." Consequently, the Gemara has no solution for why the Par dies
and is not brought the next year!