DAF DISCUSSIONS - ZEVACHIM 107

katzdds asked:

Acc. to the Rambam, who paskins very clearly regarding our gemurah on 107B, as well as on 60 B, that Jerusalem is still in the holiness from Bais Rishon in all it's laws, while the rest of Israel is not. ( Rambam , Beis Habechira 6:14-16 ). And I believe, this is the accepted Halacha ( with exception of Raved ).

1 - There is much talk about whether we can today bring the Korban Pesach, since Tumah Hudcah BeZibbur. I was told that the only reason we do not is because we don't know the exact location of where the Mizbeach was located. And that if we did, we could throw the blood on that spot. This seems to me contrary to many Gemaruhs that we have been learning about.

a) that even if we knew the exact place of the Mezbeach, we could not do Zericah on the floor of the Azurah. Gemurah on 59A and 60A tell us for Zericah we need a Mezbeach, " Modeh Bedamim Deboinan Mezbeach ".

b) 62A tells us that if the Mizbeach does not have a Keren, Cevesh, Yesod, and Rebuah it is not Kosher.

c) even a Bomah Gedolah has these requirements ,108B, Surely the spot where all Klall Yisrael would bring their Korban has this din.

d) The Gemurah 55B says that if a Shelamim was Sheckted before they opened the doors for the Heichal it is Passul. Is not a korban Pesach a type of Shelamim, and if there is no Heichal, how can the doors be open ?

2- Regarding Masser and Terumah, we currently Podeh it onto a Perutah. Now that would make sense for fruits and vegetables that grew in Israel , outside Jerusalem, since it is only a Derabunun. However , acc. to the Rambam, that Jerusalem has the original Kedusha, why don't we have to Podeh our produce properly, with 10% and a Chomesh, on all produce grown in the Old City of Jerusalem, if there is in fact any produce grown there ??

Thank You,

Shmuel Katz

The Kollel replies:

1) You are generally correct in your refutations that the fact that we would not know where the Mizbe'ach is today is not the only reason we do not bring the Korban Pesach. In my new sefer, "Halachic World" (Feldheim) I discussed this topic at length in Parshas Vayikra. Besides the probelms you mentioned, there is also the Shailah of whether or not we Pasken "Tumah Dechuya b'Tzibur" (if we do we would not be allowed to bring the Korban Pesach), what exactly is Techeiles and Argaman (without them we cannot make Bigdei Kehunah), and the problem of not having any Kohanim Meyuchasim.

2) Regarding the argument whether or not Terumos and Ma'asros today are mid'Oraisa, there is quite a lot of discussion regarding the position of the Rambam (see Hilchos Terumos 1:1, and 1:26). The Rambam seems to hold that as long as not all of Bnei Yisrael are in Eretz Yisrael, Terumos and Ma'asros there are mid'Rabanan (see commentaries on Rambam 1:26).

All the best,

Yaakov Montrose