POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) A KOHEN MAY OFFER HIS OWN KORBANOS (cont.)
(a) Question: How old or sick is he?
1. If he can serve, he himself should offer them and get the meat and skin!
2. If he cannot serve, why can he choose a Kohen to be his Shali'ach? (He should need to give them to Kohanim of the division!)
(b) Answer (Rav Papa): He can serve (and eat) with difficulty. Since such service is valid, he can make a Shali'ach;
1. Eating with difficulty is like gorging oneself. Such eating is invalid, therefore, Kohanim of the division get the meat and skin.
(c) (Rav Sheshes): If a Tamei Kohen (of the serving division) has a Korban of the Tzibur to offer, he gives it to any Kohen he wants. Kohanim of the division get the meat and skin.
(d) Question: What is the case?
1. If there are Tahor Kohanim (in the division), Tamei Kohanim may not serve! (Why can he give it to any Kohen he wants?)
2. If there are no Tahor Kohanim, why do Kohanim of the division get the meat? They cannot eat it!
(e) Answer (Rava): The only Tahor Kohanim in the division have blemishes. (They may not offer, but they may eat.)
(f) (Rav Ashi): If the Kohen Gadol was an Onen (i.e. one of his close relatives died today), he gives his Korban to any Kohen he wants. Kohanim of the division get the meat and skin.
(g) Question: (Why did Rav Ashi need to teach this?) A Mishnah teaches this!
1. (Mishnah): A Kohen Gadol may serve when he is an Onen, but he may not eat Kodshim, nor does he receive a portion to eat at night (when he is permitted to eat).
(h) Answer: One might have thought that the Torah was merciful to allow a Kohen Gadol to serve when he is an Onen, but not to appoint a Kohen to offer on his behalf. Rav Ashi teaches that this is not so.
2) THE ASHAM FOR THEFT
(a) (Mishnah): If Reuven stole from a convert and swore falsely to him, and the convert died, Reuven pays principal and Chomesh to the Kohanim, and brings an Asham - "if the man has no redeemer... the theft that is returned to Hash-m, to the Kohanim, aside from the ram of atonement..."
(b) If Reuven was bringing the money and Asham to the Mikdash and died, his heirs inherit the money. The Korban grazes until it gets a blemish. It is sold, the money is used for a Olah of the Tzibur.
(c) If he gave the money to Kohanim of the division and then died, his heirs cannot take it back - "a man who will give to the Kohen, it will be to him (the Kohen)."
(d) If he gave the money to Yehoyariv (a particular division of Kohanim), and the Asham to Yadayah (the division that serves after Yehoyariv), he was Yotzei;
1. If he gave the Asham to Yehoyariv, and the money to the Yadayah, if the animal is still around, Yadayah offers it;
2. If not, he must bring another Asham. If one gave the money before bringing the Asham, he was Yotzei. If one brought the Asham before giving the money, he was not Yotzei (he was not Yotzei).
3. If he gave the principal but not the Chomesh, he may bring the Asham.
(e) (Gemara - Beraisa #1): "Asham" is the principal. "That is returned" is the Chomesh.
(f) Suggestion: Perhaps "Asham" is the Korban Asham!
1. Question: What difference would it make?
2. Answer: This would teach us that the Halachah does not follow Rava.
i. (Rava): If one gave the theft to the Kohanim at night, or in two payments, he was not Yotzei.
ii. Question: What is the reason?
iii. Answer: The Torah calls it "Asham" (which cannot be offered at night or in two installments).
(g) Rejection: "Aside from the ram of atonement" refers to the Asham, so "Asham" must refer to the principal.
(h) (Beraisa #2): "Asham" is the principal. "That is returned" is the Chomesh.
(i) Suggestion: Perhaps "Asham" is the Chomesh!
1. Question: What difference would it make?
2. Answer: It would teach unlike our Mishnah, which says that if he gave the principal but not the Chomesh, he may bring the Asham. Rather, we would learn that he may not bring the Asham until he pays the Chomesh!
(j) Rejection: "He will return his Asham b'Rosho and its fifth" teaches that "Asham" (cannot mean Chomesh, so it) is principal.
(k) (Beraisa #3): "Asham" is the principal. "That is returned" is the Chomesh. The verse discusses one who stole from (and swore falsely to) a convert who later died.
(l) Suggestion: Perhaps "that is returned" is Kefel, and it discusses one who covertly stole from a convert!
(m) Rejection: "He will return his Asham b'Rosho, and its fifth" refers to money that is paid b'Rosho (only one principal).
3) CONDITIONS OF THE PAYMENT
(a) (Rava): If Reuven gave the theft to the Kohanim at night, or in two payments, he was not Yotzei.
(b) Question: What is the reason?
(c) Answer: The Torah calls it "Asham" (which cannot be brought at night or in two installments).
(d) (Rava): If every Kohen (in the division) does not get a Perutah, the thief did not fulfill his obligation.
(e) Question: What is the reason?
(f) Answer: The Torah calls it "Asham that is returned (...to the Kohen)" - it must be returned to every Kohen (less than a Perutah is not considered money).
(g) Question (Rava): If it is not enough for every Kohen in Yehoyariv to get a Perutah, but it is enough for every Kohen in Yadayah, what is the law?
1. Question: What is the case?
i. If he gave it to Yadayah when Yadayah is serving, surely this is good!
2. Answer: Rather, he gave to Yadayah when Yehoyariv is serving.
i. Since Yadayah is not serving, this is invalid;
ii. Or, since the theft is not fitting for Yehoyariv (it is too small), it is destined to be given to Yadayah, so it is valid!
(h) This question is unsettled.
(i) Question (Rava): May Kohanim trade portions that they received of Gezel ha'Ger?
1. Since the Torah called it Asham, just like they may not trade one Korban for another, also Gezel ha'Ger;
2. Or, since it is mere money, they may trade it.
(j) Answer (Rava): Since the Torah called it Asham, they may not trade it.
1. Rav Acha brei d'Rava cited this teaching in his father's name.
(k) Question (Rava): Is a Kohen who received Gezel ha'Ger like an heir, or like one who received a gift?
1. Question: What difference does it make?
2. Answer: Reuven stole Chametz from a Ger, and Pesach passed;
i. If he is like an heir, he inherits the worthless Chametz;
ii. If he is like one who received a gift, Reuven must give him something of value.
(l) Answer (Rav Ze'ira): Even if he is like one who received a gift, the Torah told Reuven to return what he stole (even if it is worthless)!
(m) Question (Rav Ze'ira): If a Kohen received 10 animals for Gezel ha'Ger, must he tithe them?
1. If he is like an heir, we learned that if orphans bought animals with money of the estate, they must tithe them;
2. If he like one who received a gift, he is exempt;
i. (Mishnah): One who buys or receives a gift of animals is exempt from tithing them.
(n) Answer (Beraisa): Twenty-four gifts were given to the Kohanim. They are all included in a Klal u'Frat u'Chlal, and a covenant of salt;
1. If one fulfills them, it is as if he fulfilled (the whole Torah, which is expounded using) Klal u'Frat u'Chlal, and (all the Korbanos, for which there is) a covenant of salt;
2. If one does not fulfill them, it is as if he transgressed the whole Torah and all the Korbanos.
3. Ten of the gifts may only be eaten in the Mikdash - Korban Chatas of animals and birds, Asham brought for a definite or Safek Aveirah, Korban Shelamim of the Tzibur (on Shavuos), (the remains of) the Log (about a half liter) of oil that a Metzora brings, the remains of the Omer offering (on Pesach, after offering a handful on the Mizbe'ach), the Lechem ha'Panim (the bread that is on the Shulchan the entire week), the two loaves brought on Shavuos, and the remains of Menachos (flour-offerings).
4. Four of the gifts are (eaten or received) in Yerushalayim - Bechor (a firstborn male, of Tahor) animals, Bikurim, the chest and foreleg of Shelamim and of the ram that a Nazir offers, and the hides of Korbanos.
5. Ten of the gifts apply even outside Yerushalayim: Terumah, Terumas Ma'aser, Chalah, first shearings (of sheep), the foreleg, jaw and stomach of Chulin Behemos, redemption of firstborn sons, redemption of Bechor donkeys, Sdei Achuzah (a field from one's ancestral inheritance that he made Hekdesh and did not redeem before Yovel), a field declared Cherem, and Gezel ha'Ger.
i. The Beraisa calls Gezel ha'Ger a gift.
4) UNEXPECTED RESULTS
(a) (Mishnah): If Reuven gave the money to Kohanim of the division (and then died, the Kohanim keep it).
(b) (Abaye): We learn from this that the money partially atones. If it did not, we should say that it reverts to Reuven's heirs!
(c) Question: What is the reason?
(d) Answer: Reuven gave it only to get atonement.
(e) Question: If so, if the owner of a Korban Chatas died, we should say that it reverts to Chulin, for he made it Hekdesh only in order to offer it!
(f) Answer: A tradition from Moshe from Sinai teaches that if the owner of a sin-offering dies, the animal is left to die.
(g) Question: If so, if the owner of an Asham died, we should say that it reverts to Chulin, for he made it Hekdesh only in order to offer it!
(h) Answer: A tradition from Sinai teaches that in any situation in which a Chatas must die, an Asham grazes (until it gets a blemish. We buy and offer an Olah of the Tzibur with the money).
(i) Question: A woman who falls to Yibum to a leper should be exempt without Chalitzah. She did not accept Kidushin with intent that she would fall to such a Yavam!
(j) Answer: Surely, she accepts Kidushin in spite of this possibility, due to Reish Lakish's teaching.
1. (Reish Lakish): A woman prefers being married (even to an undesirable man) than to remain single.