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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Zevachim 71

ZEVACHIM 71-72 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for the Torah and for those who study it.



(a) Our Mishnah rules that Zevachim that got mixed up with Chata'os which must die, even one in ten thousand (which will be explained in the Sugya) - must all die.

(b) Three of the Chata'os ha'Meisos are the baby of a Chatas, one whose owner dies, and a Temuras Chatas; the remaining two are - one whose owner brought another animal (because the original one got lost, but which has since been found) and one that is found to have a Mum.

(c) The Tana rules that Zevachim that got mixed up with another animal that is forbidden (but that is not Asur be'Hana'ah) - 'Yir'u ad she'Yista'avu ... ' (should all graze until they obtain a Mum, and are then sold, and the proceeds of the most expensive one used to replace the Korban).

(d) 'Forbidden' in this case means - forbidden to be brought as a Korban.

(a) An example of this category is an animal that raped or that was raped or that killed someone. They are not Chayav Sekilah and therefore Asur be'Hana'ah - because there was only one witness to the act (possibly the owner himself).

(b) The reason why in the very last case, the animal is not put to death is - because of the principle 'Modeh bi'K'nas Patur' (someone who admits to a fine is Patur [and putting to death an animal that 'sinned' is considered a fine]).

(c) All the animals cannot be sold to be brought as the same Korban that is mixed up among them - because even though the lack of witnesses does not prevent a Hedyot from benefiting from them, it does not prevent them from being forbidden to go on the Mizbe'ach (as we just explained).

(a) "min ha'Beheimah", "min ha'Bakar" and "min ha'Tzon" come to preclude from the Mizbe'ach an animal that raped or that was raped, one that was designated for worship and one that was worshipped respectfully, and the 'Vav' in "u'min ha'Tzon" - adds an animal that killed a person to the list.

(b) The case where the animal was designated for worship and one that was worshipped differs from an animal killed someone or that raped or that was raped - inasmuch as it speaks even when there are two witnesses.

(c) In addition to the above, the Tana lists another five animals which are forbidden to go on the Mizbe'ach, among them an Esnan Zonah, a Mechir Kelev and Kil'ayim.

1. ... 'Mechir Kelev' is - the animal that one received in exchange for a dog.
2. ... 'Kil'ayim' is - the cross between a goat and a ewe.
(d) One of the last two items on the list is a Yotze Dofen, the other - one that is born by a cesarean.



(a) If Korbanos get mixed up with ...
1. ... regular, unblemished Chulin - all the Chulin are sold as Korbanos (of the same kind as the one with which they got mixed) and they are brought on the Mizbe'ach, each one in the name of its owner (even though it is not known which animal belongs to which owner).
2. ... Kodshim of the same kind, but belonging to different owners - then the same is done to them as in the previous case, only they are brought directly without necessitating their sale.
3. ... Kodshim of a different kind - must be allowed to graze ... ('Yir'u ad she'Yista'avu ... ' [as we learned earlier]).
4. ... a Bechor or with Ma'aser Beheimah - must graze until they become blemished, and are then eaten with the stringency of a Bechor. First however, the owner brings money to the value of the most expensive animal among them, on which he redeems whichever animal is the Korban, and he then uses that money to replace his Korban.
(b) In the pre-last case - it is the owner who bears the loss of the excess costs, like he does in the last one.

(c) Besides the fact that Ma'aser and Bechor cannot be sold in order to redeem them, two other Chumros pertain to them. The owner may not Shecht and sell them in the butchery (like one does with other Kodshim) - because unlike other Kodshim, where the benefit goes to Hekdesh, it is the owner himself who benefits from the sale, and Chazal do not permit denigrating Kodshim unless it is for the benefit of Hekdesh.

(d) The other Chumra that pertains to them for the same reason, is - the prohibition of weighing the pieces that the owner sells.

5) According to the Tana of our Mishnah, the only two Korbanos that cannot get mixed up are - a Chatas with an Asham (seeing as the former is a female animal, and the latter, a male).


(a) The problem with the word 'Afilu' (in our Mishnah says 'Kol ha'Zevachim she'Nizbechu ... *Afilu* Achas be'Ribu, Yamusu Kulan') is - it implies that the more Chata'os ha'Meisos the Zevachim get mixed up with, the bigger the Chidush, when in reality, it is all the more obvious that they become Bateil, and are therefore Asur.

(b) We therefore interpret the Mishnah to mean - 'Kol ha'Zevachim she'Nis'arvu *Bahen* Chata'os ha'Meisos ... Afilu Echad be'Ribu, Yamusu Kulan', which is certainly a Chidush (seeing as it the Zevachim which are now the majority, and it is the Chata'os ha'Meisos which ought to become Bateil..

(c) We learned in a Mishnah in Temurah 'Kol ha'Asurin Legabei Mizbe'ach Osrin be'Chol she'Hein, ha'Rove'a ve'ha'Nirva ... ' which means - that they forbid whatever they get mixed up with to go on the Mizbe'ach (exclusively, since the cases there do not involve Isurei Hana'ah).

(d) When Rav Kahana put this apparent repetition to Rav Shimi bar Ashi, the latter explained that, despite having taught us this Halachah ...

1. ... there, the Tana nevertheless found it necessary to repeat it here - to teach us that when it is Asur be'Hana'ah, it is even Asur to a Hedyot as well.
2. ... here, the Tana found it necessary to repeat it there - to teach us that even something that is not Asur be'Hana'ah nevertheless forbids with a 'Kol she'Hu' to go on the Mizbe'ach.
(a) Despite the fact that our Mishnah itself goes on to teach us the Halachah in cases that are not Isurei Hana'ah, we need the Mishnah in Temurah to repeat it, to teach us - that even a 'Kol she'Hu' renders the batch Asur (since our Mishnah does not mention this specifically).

(b) and we still need the Seifa of our Mishnah - to teach us the Takanah ('Yir'eh ad she'Yista'ev ... '), which the Tana there omits.

(c) The Mishnah in Avodah-Zarah rules - that Yayin Nesech and Avodas-Kochavim that got mixed up with Heter - render Asur with the Shiur of a 'Kol-she'Hu'.

(d) With reference to what we said a short while back (that our Mishnah teaches us that the mixture is even forbidden to a Hedyot) we still need ...

1. ... our Mishnah to teach us this - because it adds the fact that the total Isur extends to Hekdesh (and is not restricted to Hedyot, to which the Mishnah in Avodah-Zarah refers).
2. ... the Mishnah there to teach us - that it is not only to Hekdesh that it is forbidden (because it is 'Ma'us' [disgusting]), but also to a Hedyot.
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