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Zevachim 44

ZEVACHIM 44 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for the Torah and for those who study it.


(a) Defense of Answer #2 (Ze'iri): The Beraisa discusses what we would have thought had the Torah taught both laws (for eating Ma'aser and for Terumah) only in the lenient case (of Tamei Sheretz) or only in the severe law (of Tamei Mes):
1. If it only taught lenient Tum'as ha'Guf (Sheretz), i.e. that a Lav forbids a lenient Tamei to eat lenient 'Kodesh' (i.e. Ma'aser) but eating more severe Kodesh (Terumah) is Chayav Misah, one might have thought that similarly, if a severe Tum'as ha'Guf (Tamei Mes) eats lenient Kodesh (Ma'aser) he is Chayav Misah!
2. Therefore, the Torah had to teach about severe Tum'as ha'Guf also (a Tamei Mes who eats Ma'aser only transgresses a Lav).
(a) (Mishnah): Pigul applies to anything that has Matirim that permit it to people or to the Mizbe'ach...
(b) (Beraisa) Question: Perhaps Kares for eating Kodshim b'Tum'as ha'Guf only applies to Kodshim like Shelamim, that may be eaten for two days and the night in between - what is the source to include Kodshim that must be eaten the same day?
1. Answer: "Mi'Basar" - this includes any Korban whose remnants (i.e. after part goes on the Mizbe'ach) are eaten.
2. Question: What is the source to include Olah, it is totally burned on the Mizbe'ach?
3. Answer: "Zevach".
4. Question: What is the source to include birds, Menachos, even the Log of oil of a Metzora?
5. Answer: "Asher Hem Makdishim Li".
6. A Gezerah Shavah "Chilul-Chilul" teaches that Nosar applies to all of these, a Gezerah Shavah "Avon-Avon" (from Nosar) teaches that Pigul applies to all of these.
7. Question: Since we learn that they apply to all Kodshim, why did the Torah specify Shelamim?
8. Answer: This teaches that Pigul only applies to something that has Matirim that permit it to people or to the Mizbe'ach.
(c) (Mishnah): It applies to an Olah, for the blood permits the limbs to the Mizbe'ach and the skin to Kohanim;
1. The blood of Olas ha'Of permits the meat to the Mizbe'ach;
2. The blood of Chatas ha'Of permits the meat to Kohanim;
3. The blood of Parim or Se'irim ha'Nisrafim permits the Eimurim to the Mizbe'ach.
(d) (Continuation of Beraisa): Pigul does not apply to the Kometz, frankincense, Ketores, a (voluntary) Minchah of a Kohen, Minchas Chavitin, Minchas Nesachim, and blood;
1. R. Shimon says, Pigul only applies to things offered on the outer Mizbe'ach like Shelamim.
2. Since (the blood of) Parim or Se'irim ha'Nisrafim is not put on the outer Mizbe'ach (only the Shirayim), one is not liable for them for Pigul.
(e) Question: The Beraisa said, 'Kodshim like Shelamim' - what are these?
(f) Answer: It refers to Bechor, which is also eaten for two days.
(g) Question: How do we learn from Bechor from Shelamim?
1. We cannot learn from 'Mah Matzinu' (just as we find regarding Shelamim, the same applies to Bechor) - perhaps Shelamim is different, for it requires Semichah, Nesachim, and Tenufah of the Chazah v'Shok!
(h) Answer: Rather, we learn from "V'Im He'achol Ye'achel" - these are two adjacent Klalim, the Prat is written after them;
1. (Rava): Whenever there are two adjacent Klalim, we expound through the method of Klalim and Pratim (i.e. Klal, Prat and Klal) as if the Prat was written between them.
(i) (Beraisa): We even include the Log of oil of a Metzora.
(j) Question: Who is the Tana of the Beraisa?
(k) Answer #1: It is R. Meir.
1. (Beraisa - R. Meir): Pigul applies to the Log of oil of a Metzora.
(l) Objection (end of the Beraisa): It does not apply to...Minchas Nesachim and blood.
1. This is like Chachamim!
2. (Beraisa - R. Meir): Pigul applies to Nesachim that accompany a Behemah, because the blood permits them to be offered;
3. Chachamim: The Nesachim can be brought 10 days after the animal (you cannot say that the blood permits them)!
4. R. Meir: I discuss only when the Nesachim are brought on the same day.
(m) Answer #2 (Rav Yosef): The Beraisa is like Rebbi, who says that the Haza'os of oil (some say that the Haza'os are on the Paroches, others say that they are towards the Heichal) permit the remainder, therefore, intent Chutz li'Zmano during the Haza'os is Mefagel the (remaining) oil.
1. (Beraisa): The Haza'os of the oil of a Metzora permit the remainder (after putting on the Behonos).
2. Since the Haza'os permit it, it is possible to Mefagel during the Haza'os.
i. (Beraisa): Me'ilah applies to the oil of a Metzora until Zerikah of the blood of the Asham; after Zerikah, it is forbidden to benefit from it (mid'Rabanan), but Me'ilah does not apply;
ii. Rebbi says, Me'ilah applies until the Haza'os.
iii. All agree that it is forbidden to eat until the Haza'os and Matanos on the Behonos.
(n) Objection (R. Yirmeyah): If the oil comes by itself (not the same day the Asham is brought), all agree that the Haza'os permit it, yet they cannot make it Pigul!

1. (Beraisa - R. Meir): Pigul applies to the oil of a Metzora because the blood of the Asham permits the Matanos on the Behonos;
2. Chachamim: But he can bring the oil many days after the Asham!
3. R. Meir: I only say that Pigul applies when it is brought the same day.
(o) Defense #1 of Answer #1 (R. Yirmeyah): Really, it is like R. Meir; we must delete 'Nesachim' from the text of the Beraisa.
(p) Defense #2 of Answer #1 (Abaye): We need not alter the text - the Tana teaches about oil brought the same day as the Asham (that Pigul applies to it), and likewise regarding Nesachim brought the same day as the Korban;
1. Later, he discusses Nesachim brought by themselves, Pigul does not apply to it - the same applies to oil brought by itself.
(a) (Mishnah): The blood of Chatas ha'Of permits the meat to Kohanim.
(b) Question: What is the source of this?
(c) Answer (Levi - Beraisa): "*Kol* Korbanam" - this includes the Log of oil of a Metzora (the source for Chatas ha'Of is later in this Beraisa);
1. We would not have included it from 'Korbanam', because it is not (left over) "Min ha'Esh".
2. (Continuation of Beraisa): "*L'Chol* Minchasam" - this includes the Omer and the Minchah of a Sotah;
i. Since it says "V'Achlu Osam Asher Kupar Bahem", we would have taught that Kohanim only eat Korbanos that come to atone, not the Omer (which comes to permit the new grain) or Minchas Sotah (which comes to test whether or not she is innocent).
3. "*Ul'Chol* Chatasam" - this comes to include Chatas ha'Of;
i. One might have thought that Kohanim may not eat it, for it is Neveilah (Melikah is not slaughter).
4. "*Ul'Chol* Ashamam" - this comes to include Ashamos of a (Tamei) Nazir and a Metzora;
i. We would have taught that Kohanim do not eat these, for they do not atone, rather, they enable the Nazir to begin Nezirus Taharah and permit the Metzora to eat Kodshim.
5. Objection: A Hekesh equates Asham Metzora with Chatas, we already know that Kohanim may eat it!
6. Correction: Rather, it includes Asham Nazir *like* Asham Metzora.
7. "Asher Yashivu" - this includes Gezel ha'Ger (if Ploni stole from a convert and swore to deny it, and he wants to do Teshuvah after the convert died without heirs, he brings an Asham and gives the money and an added fifth to the Kohen);
i. "Lecha Hu" - this teaches that the money belongs to the Kohen, he may use it as he wants, he may even Mekadesh a woman with it.
(d) (Beraisa - R. Elazar): Pigul (i.e. intent Chutz li'Zmano) in an outer Avodah (i.e. outside the Heichal, but in the Azarah) takes effect, Pigul in an inner Avodah does not take effect;
1. If one slaughtered (an inner Chatas) outside (in the Azarah) with intent (Chutz li'Zmano) to do Zerikah (an inner Avodah), it is not Pigul;
2. If one did Haza'ah in the Heichal with intent (Chutz li'Zmano) Lehaktir Eimurim or Lizrok Shirayim (on the outer Mizbe'ach) it is not Pigul;
3. If he slaughtered outside with intent Lehaktir Eimurim or Lizrok Shirayim, it is Pigul; for the action and intention were both outside.
(e) (R. Yehoshua ben Levi): He learns from "Ka'Asher Yuram mi'Zevach ha'Shelamim";
1. Question: (The Eimurim of Par Mashu'ach are explicit in the Torah,) we do not need to learn them from Shelamim!
2. Answer: Rather, this equates Par Mashu'ach to Shelamim - just as Shelamim becomes Pigul only through actions and intentions concerning the outer Mizbe'ach, also Par Mashu'ach.
(f) (Rav Nachman): The Halachah follows R. Elazar.
(g) Objection (Rava (Tosfos' text - Rav Yosef)): This has no practical application until Mashi'ach will come and the Mikdash will be rebuilt!
1. Counter-question (Abaye): If so, we should not learn Zevachim at all, the laws will not apply until Mashi'ach comes!
2. Answer (Abaye): It is a Mitzvah to learn Zevachim, like every other part of Torah (whether or not it applies today), we receive reward for doing so;
(h) Answer (Abaye): The same applies to Rav Nachman's teaching!
(i) Clarification (Rava): I agree that we should learn and understand the opinions in the Mishnayos, but why should we decide the Halachah (R. Chayim in Tosfos - Pigul will not apply when Mashi'ach comes, everyone will be a Tzadik; Ramah (Sanhedrin 51B - Eliyahu and his Beis Din will decide the Halachos that will apply then!)
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