POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Meilah 4
1) WHEN DOES "PIGUL" TAKE EFFECT?
(a) ((Mishnah - R. Yehudah): The general rule is that if
intent Chutz li'Zemano came first, it is Pigul, there is
Kares; if intent Chutz li'Mekomo came first, it is Pasul,
there is no Kares; Chachamim say, in either case it is
Pasul, there is no Kares.)
(b) Question (Ravina): Ilfa taught that Chachamim and R.
Yehudah argue about intentions in two different Avodos:
one Siman was slaughtered with intent Chutz li'Zemano,
the second Siman with intent Chutz li'Mekomo, but if he
had both intents in one Avodah, all agree that this is
"mixed intents" (it is Pasul, there is no Kares);
1. (We see that all agree that if there was intent
Chutz li'Zemano in Shechitah, and no improper intent
in a later Avodah, it is Pigul!)
(c) Answer (Rav Ashi): Pigul is not established until Zerikah
- then, it takes effect retroactively from the time of
the Pigul intentions during Shechitah (if the intentions
were such that they make the animal Pigul).
(d) Question: If so, Zerikah with intent of Pigul should also
make the Lachmei Todah be Kadosh retroactively (Rashi -
regarding Me'ilah; Tosfos - regarding Pigul, and likewise
[with respect to Eimurei Kodshim Kalim] regarding
Me'ilah)!
(e) Answer: When the Beraisa says that the Lechem is Kadosh,
it does not mean it is Kadosh with regard to Me'ilah.
Rather, the bread is Mekudash only to [be able to] become
Pasul [through Linah, Yotzei or a Mechusar Kipurim
(Tosfos)] to require burning it.
2) SUPPORTS FOR RAV GIDAL
(a) Support (for Rav Gidal - Beraisa): Me'ilah always applies
to Pigul [of Kodshei Kodoshim].
1. Suggestion: This means, even after Zerikah (Rashi -
with intent Chutz li'Zemano) - this supports Rav
Gidal!
(b) Rejection #1: No, it means before Zerikah.
(c) Objection: If so, there is no need to say this (Tosfos -
"always"; Shitah - the same applies to a valid Korban,
and not only Pigul)!
(d) Rejection #2: Indeed, it means after Zerikah, but it
applies to an Olah (while Zerikas Pigul would remove
Me'ilah from Korbanos that are eaten).
(e) Objection #1: This is obvious -- Me'ilah always applies
to an Olah (which is not eaten by Kohanim) after Zerikah
(and not merely when it is Pigul)!
4b---------------------------------------4b
(f) Objection #2 (Seifa): If the blood was left overnight,
even if Zerikah was done later, Me'ilah applies.
1. We understand if the Beraisa discusses Chatas, but
this is no Chidush regarding Olah!
(g) Question: Surely, the Seifa discusses a Chatas and
supports Rav Gidal (Zerikas Pigul is like Zerikas Nosar,
which does not remove Me'ilah) - may we infer that the
Reisha also [discusses a Chatas and] supports him?
(h) (Perush Kadmon (B) - above we said that the Reisha cannot
discuss an Olah, there would be no Chidush -- we retract,
perhaps the Reisha is on account of the Seifa.)
(i) Rejection of premise: Even the Seifa is not a clear
support (we cannot learn Zerikas Pigul from Zerikas
Nosar)!
(j) Question: What is the difference [between them]?
(k) Answer: Nosar came about through leaving the blood
overnight, this is considered an action, therefore
Zerikas Nosar does not remove Me'ilah;
1. Pigul came about through intent, this is not
considered an action, so Zerikas Pigul can remove
Me'ilah.
(l) Support (for Rav Gidal - Beraisa): Me'ilah applies to
Pigul of Kodshei Kodashim.
1. Suggestion: This means, even after Zerikah - this
supports Rav Gidal!
(m) Rejection: No, it means before Zerikah.
(n) Objection: To reject the support, you must say that
Me'ilah does not apply after Zerikah;
1. If so, why does the Seifa say that Me'ilah does not
apply to [Pigul of] Kodshim Kalim - the Beraisa
should distinguish within Kodshei Kodashim
themselves, Me'ilah applies before Zerikah but not
afterwards!
(o) Observation: The Seifa clearly supports him (it must be
even after Zerikah, there is no Chidush before Zerikah).
(p) Suggestion: Since the Seifa supports him, also the Reisha
[is even after Zerikah]!
(q) Rejection: No - the Tana prefers to teach about Kodshim
Kalim, for that law is Pesika (uniform), than to teach
the distinction in Kodshei Kodashim, which is not Pesika.
3) "SHE'AS HETER" REMOVES "ME'ILAH"
(a) (Mishnah - R. Yehoshua): The general rule is that Me'ilah
applies only to things that never had She'as Heter to
Kohanim;
1. The following had She'as Heter -- it was left
overnight, became Tamei, or was Yotzei.
2. The following never had She'as Heter -- it was
slaughtered with intent of Chutz li'Zemano or Chutz
li'Mekomo, or Pesulim did Kabalah and they did
Zerikah.
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