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[92a - 52 lines; 92b - 37 lines]
MENACHOS 92 (12 Teves 5764) - dedicated by Gitle Bekelnitzky and daughters to honor the first Yahrzeit of Joel Bikelnitzky, Reb Yoel Yitzchak ben Shraga Feivish, affectionately known as "Feter Yoel" to everyone in Crown Heights. Beloved uncle of Layah Bergman (Chicago IL), Zahava Mandel (Cedarhurst NY), and Sima Weinstock (Kew Gardens Hills, NY)
1) [line 1] PASHTINA LEI MI'MASNISIN - and we answered him with a Mishnah (Shekalim 5:3)
2) [line 2] GEDI MESHAMESH NISCHEI TZON - [the Chosam containing the word] "Gedi" functioned [to obtain] the Nesachim of sheep or goats (CHOSAMOS)
(a) When a person offers a Korban that requires flour, oil and wine (usually for Nesachim), he pays the amount required for these ingredients, and receives a Chosem (a seal or token) that he exchanges for them in the supply offices of the Beis ha'Mikdash. There were four Chosamos in the Beis ha'Mikdash, which corresponded to the Nesachim of cattle, rams, sheep or goats, and the flour for a Minchas Chotei.
(b) The word "Egel" - "calf," was inscribed upon the Chosam for cattle. The word "Zachar" - "male," was inscribed upon the Chosam for rams (the word for ram in Aramaic is "Dechar," the equivalent of the Hebrew word "Zachar"). The word "Gedi" - "kid," was inscribed upon the Chosam for sheep or goats. The word "Chotei" - "sinner," was inscribed upon the Chosam for a Minchas Chotei.
3) [line 4] SEMICHAH
(a) Semichah refers to the Mitzvah for a person to press both of his hands on the head of his animal Korban, as described in Vayikra (1:4). Semichah is performed immediately before the animal is slaughtered, in the place where it will be slaughtered (Menachos 93a).
(b) All private Korbanos require Semichah, except for the Bechor, Ma'aser, and Pesach offerings. The only public Korbanos that require Semichah are the Par He'elem Davar (see next entry), the Se'ir ha'Mishtale'ach (scapegoat) of Yom Kipur (see below, entry #5), and according to some, the Se'ir brought as an atonement when most of the nation sins with Avodah Zarah (see below, entry #6). If the Korban is a Chatas, Asham or Olah, all of which are brought to atone for sins, the owner of the Korban confesses his sin while he performs Semichah. If the Korban is a Korban Shelamim or Todah, which a person brings to thank HaSh-m for the kindness or salvation that was bestowed upon him, the owner of the Korban says words of praise for HaSh-m while he performs the Semichah (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13-15).
(c) If a Korban is brought by partners, each one performs Semichah. Certain people do not perform Semichah for their Korbanos. These include women, children, slaves, people designated Halachically as fools, deaf-mutes and Nochrim (Menachos 93a). Semichah is not performed when offering a Korban on a Bamah (Zevachim 119b, see Background to Zevachim 101:37).
(d) The Gemara discusses whether Semichah involves pressing on the animal's head with all of one's strength, or just placing one's hands on the animal's head (Chagigah 16b). The conclusion is that one must press on the animal's head with all of one's strength (RAMBAM Hilchos Ma'aseh ha'Korbanos 3:13).
(e) If one does not perform Semichah on his Korban, the Korban remains valid (Menachos 93b).
4) [line 5] PAR HA'BA AL KOL HA'MITZVOS (PAR HE'ELEM DAVAR SHEL TZIBUR)
(a) The Sanhedrin (the Jewish Supreme Court) is obligated to bring a Korban in the following instance. If they issued a mistaken ruling permitting an act that carries a Chiyuv Kares, instructed the Jewish people to act according to their ruling and the people in Eretz Yisrael (the majority of the people or the majority of the tribes) conducted themselves based upon this ruling. The sages bring twelve young bulls as Korbenos Chatas, one on behalf of each of the tribes. The people are exempt, since they relied upon the Beis Din ha'Gadol. If the sin committed was idolatry, the sages bring young bulls as Korbenos Olah and goats as Korbenos Chatas, one of each for each tribe. Each of these bulls is called a Par He'elem Davar Shel Tzibur (RAMBAM Hilchos Shegagos 12:1).
(b) The blood of these bulls (and the goats) is sprinkled seven times on the Paroches, and is applied to the Keranos (raised corners) of the Mizbe'ach ha'Ketores in the Heichal. The Sheyarei ha'Dam (the remainder of the blood) is poured on the Western Yesod (foundation) of the Mizbe'ach while the Eimurim are offered on the Mizbe'ach ha'Chitzon.
(c) The remains of the bulls (and the goats) (including the meat and parts that are not sacrificed) are burned outside of the city of Yerushalayim (Vayikra 4:3-21, Bamidbar 15:22-26). Those who carry the carcass out of the Azarah are Metamei Begadim. (According to Rebbi Shimon, Yoma 67b, those who are involved in burning the meat are Metamei Begadim.)
5) [line 5] SA'IR HA'MISHTALE'ACH - lit. the goat that is sent away
(a) On Yom ha'Kipurim, a Goral (lottery) is performed by the Kohen Gadol to choose between two identical goats (Vayikra 16:7-10). One (the Sa'ir la'Sh-m) is offered as a Korban Chatas ha'Nisraf and its blood is sprinkled in the Kodesh ha'Kodashim (Vayikra 16:15); the other (the Sa'ir la'Azazel) is dispatched ("Mishtale'ach") to Azazel (a hard rocky cliff), from which it is pushed off to its death (Vayikra 16:21-22).
(b) A strip of crimson wool was tied between the horns of the Sa'ir ha'Mishtale'ach before it was led to Azazel. The person who takes the goat to Azazel becomes Tamei and is required to immerse his body and clothes in a Mikvah (Vayikra 16:26). The remains of the Sa'ir ha'Mishtale'ach are Asur b'Hana'ah.
(c) Before it is dispatched to Azazel, the Kohen Gadol performs Semichah upon the Sa'ir ha'Mishtale'ach, confessing the sins of all of the people while doing so. According to Rebbi Yehudah, this confession achieves atonement for all of the people, for all sins except sins of Tum'as Mikdash v'Kodashav (see below, entry #18). According to Rebbi Shimon, this confession achieves atonement for all of the people except the Kohanim, for all sins except sins of Tum'as Mikdash v'Kodashav. (The second confession over the Par of the Kohen Gadol provides the Kohanim atonement for all other sins besides sins of Tum'as Mikdash v'Kodashav.)
6) [line 9] MEIMIR - to attempt to exchange an animal that is a Korban with an animal of Chulin (TEMURAH)
See Background to Menachos 91:6b.
7) [line 13] LO SAGYA D'LO ME'AYEIL? - (lit. It is not enough if he does not bring up [another Korban that requires Semichah to replace the Se'irei Avodas Kochavim]?) Why does Rebbi Yehudah need to specify another Korban that requires Semichah, to replace the Se'irei Avodas Kochavim?
8) [line 14] GEMERI SHTEI SEMICHOS BA'TZIBUR - we have learned through a Halachah l'Moshe mi'Sinai that there are two communal offering that require Semichah (the Par He'elem Davar Shel Tzibur (see above, entry #4) and (a) the Sa'ir ha'Mishtale'ach (see above, entry #5); or (b) the Se'irei Avodah Zarah (see above, entry #6) (this second opinion is the ruling of Rebbi Shimon, who learns that the phrase "Gemirei Shtei Semichos b'Tzibur" refers to Semichos performed by the owner of the Korban, which in the case of the Par He'elem Davar Shel Tzibur and the Se'irei Avodah Zarah is the Sanhedrin. However, even though the Kohen Gadol does perform Semichah on the Sa'ir ha'Mishtale'ach, he is not considered the owner, since Rebbi Shimon rules that the Kohanim receive atonement for those sins for which the Sa'ir ha'Mishtale'ach is Mechaper, from the Viduy of the Kohen Gadol on the Par Kohen Gadol -- Shevuos 2b; see above, entry #5:c)
9) [line 18] V'AZDU L'TA'AMAIHU - and they (Rebbi Yehudah and Rebbi Shimon) each follow their own reasoning elsewhere
10) [line 18] "V'CHIPER ES MIKDASH HA'KODESH, V'ES OHEL MO'ED, V'ES HA'MIZBE'ACH YECHAPER; V'AL HA'KOHANIM V'AL KOL AM HA'KAHAL YECHAPER." - "He shall bring atonement for the holy [inner] sanctuary, for the Tent of Meeting, and for the [golden] altar; and for the Kohanim and for all of the people of the community he shall bring atonement." (Vayikra 16:33) - This verse is stated after the description of all of the Avodah of Yom ha'Kipurim (including the Avodah of the Sa'ir ha'Mishtale'ach, which is dealt with in verses 21-26); "v'Chiper" means "he shall procure atonement."
11) [line 19] LIFNAI V'LIFNIM - the inner precincts, i.e. the Kodesh ha'Kodashim
12) [line 20] HEICHAL - the Sanctuary, which contained the Menorah, the Shulchan for the Lechem ha'Panim, and the Mizbe'ach for the Ketores
13) [line 20] MIZBE'ACH K'MASHMA'O - the word "Mizbe'ach" in this verse has its implied meaning, i.e. (a) the Mizbe'ach in the Heichal (RASHI to Shevuos 13b); (b) the Mizbe'ach in the Azarah (RASHI to Yoma 61a)
14) [line 20] AZAROS - the various courtyards in the compound of the Beis ha'Mikdash, Ezras Kohanim, Ezras Yisrael, and Ezras Nashim, each of which has its own rules as to the level of Taharah required in order to enter them (see Kelim 1:8)
15) [line 24] SA'IR HA'NA'ASEH BIFNIM - (lit. the goat that is done inside [of the Kodshei ha'Kodashim])
(a) On Yom ha'Kipurim, a Goral (lot) is performed by the Kohen Gadol to choose between two identical goats (Vayikra 16:7-10). One (the Sa'ir la'Sh-m) is offered as a Korban Chatas ha'Nisraf and its blood is sprinkled in the Kodesh ha'Kodashim (Vayikra 16:15); the other (the Sa'ir la'Azazel) is dispatched (Mishtale'ach) to Azazel (a hard rocky cliff), from which it is pushed off to its death (Vayikra 16:21-22).
(b) The blood of the Sa'ir la'Sh-m is also sprinkled on the Paroches and on the Mizbach ha'Ketores (Vayikra 16:16, 18-19). Its flesh is entirely burned in the place outside of the city where the ashes from the Mizbe'ach are deposited (Vayikra 16:27).
(c) The Mishnah (Shevuos 2a) states that the Sa'ir la'Sh-m works along with the actual day of Yom ha'Kipurim to Toleh (hold back) the impending punishment of a person who sinned with Tum'as Mikdash v'Kodashav (see next entry), when he initially knew about his Tum'ah (or the Kodshim or Mikdash) and subsequently forgot about it. (When he does find out about it, he brings a Korban Oleh v'Yored, as stated in the next entry) In addition, it works along with the actual day of Yom ha'Kipurim to provide atonement for people who sin b'Mezid (intentionally) with Tum'as Mikdash v'Kodashav (Shevuos 2b).
16) [line 21] TUM'AS MIKDASH V'KODASHAV
(a) It is forbidden for a person to enter the Mikdash (see Background to Makos 12:33 for a discussion of the boundaries of the various areas in the Mikdash) if he touched an Av ha'Tumah (Bamidbar 5:2). Regarding a person who becomes Tamei the verse states, "b'Chol Kodesh Lo Siga" - "... she (a woman after childbirth) shall touch no consecrated thing" (Vayikra 12:4), from which the Gemara learns (Yevamos 75a, Makos 14b) that it is forbidden for a person who is Tamei to eat Kodshim. If a person who is Tamei eats the blood of Kodshim, he does not transgress this prohibition. (This is not to be confused with Tum'as Basar (see Background to Shevuos 2:14), which is also called "Tamei." Tum'as Basar means that the Kodshim, as opposed to the person eating it or offering it, became Tamei.)
(b) One who transgresses these prohibitions b'Shogeg (unintentionally) becomes obligated to bring a Korban Oleh v'Yored (see Background to Menachos 72:30). If he transgresses them b'Mezid (intentionally) and witnesses saw him and he was warned (Hasra'ah) not to transgress, he is punished with Malkus (lashes). If he was not warned, the punishment for transgressing this Lav b'Mezid is Kares (Vayikra 12:4, 22:3-4, Bamidbar 5:3, 19:20) (SEFER HA'CHINUCH Mitzvah #167).
(c) In order to transgress these prohibitions, the sinner has to have known that he was Tamei before and after the transgression ("Yedi'os" -- see Mishnah Shevuos 2a), but had forgotten at the time he transgressed.
17) [line 22] DAM HA'PAR (PAR SHEL YOM HA'KIPURIM)
(a) In Parshas Acharei Mos (Vayikra 16:3-6), Aharon ha'Kohen was commanded to offer on Yom ha'Kipurim a bull as a Chatas and a ram as an Olah from his own money. From the money of the Tzibur (the populace, the people of Yisrael), he was commanded to offer two goats as Korbenos Chatas (one goat was sacrificed and one was sent to Azazel) and one ram as an Olah. The offering of these Korbanos form the major part of the Yom ha'Kipurim service that the Kohen Gadol must perform every year.
(b) The Kohen Gadol performs Semichah (press both of his hands on the head of his animal Korban, as described in Vayikra 1:4) on his bull while reciting Viduy (the confession of his sins) before he slaughters his bull. He then collects its blood and sprinkles it in the Kodesh ha'Kodashim (Vayikra 16:14), on the Paroches (ibid. 16:16) and on the Mizbach ha'Ketores (ibid. 16:18). Its flesh is entirely burned in the place outside of Yerushalayim where the ashes from the Mizbe'ach are deposited. The remainder of its blood is poured on the western Yesod of the Mizbach ha'Chitzon, but omitting this last procedure does not prevent atonement, because during the rest of the year, pouring the blood on the Yesod is not a requirement for atonement.
(c) The Mishnah (Shevuos 2a) states that the Par of the Kohen Gadol provides atonement for sins of the Kohanim. There is an argument among the Tana'aim with regard to the atonement that it provides:
1. According to Rebbi Yehudah, it provides atonement for sins of Tum'as Mikdash v'Kodashav (eating Kodshim or entering the Azarah while in a state of Tum'ah -- see previous entry).
2. According to Rebbi Shimon, the sprinkling of its blood provides atonement for sins of Tum'as Mikdash v'Kodashav. The Viduy of the Kohen Gadol provides atonement for all sins besides Tum'as Mikdash v'Kodashav.
18) [line 23] VIDUY SHEL SA'IR HA'MISHTALECH
See above, entry #5.
19) [line 37] ECHAD YISRAEL V'ECHAD KOHANIM V'ECHAD KOHEN MASHI'ACH - all of the people of Yisrael, all of the (ordinary) Kohanim and the Kohen Gadol [receive atonement for all sins except sins of Tum'as Mikdash v'Kodashav through the Sa'ir ha'Mishtale'ach]
20) [line 45] "V'SAMCHU ZIKNEI HA'EDAH ES YEDEIHEM AL ROSH HA'PAR ..." - "And the elders of the community shall perform Semichah (see above, entry #3) on the bull ..." (Vayikra 4:15)
21) [line 50] "[V'SAMACH AHARON ES SHTEI YADAV AL ROSH HA'SA'IR] HA'CHAI [V'HISVADAH ALAV...]" - "[And Aharon shall perform Semichah upon] the live [goat and he shall confess over it...]" (Vayikra 16:21).
22) [line 50] HA'CHAI TA'UN SEMICHAH V'EIN SE'IREI AVODAS KOCHAVIM TE'UNIN SEMICHAH - the live [Sa'ir ha'Mishtale'ach] requires Semichah while the Se'irei Avodas Kochavim do not require Semichah
23) [line 14] GIRSA B'ALMA - (a) as a mere learning device, to train the students that there are only two Semichos in Korbenos Tzibur, and no more (RASHI, 1st explanation); (b) this is merely the teaching that Rebbi Yehudah received from his Rebbi, even though the verses are only Asmachta'os (RASHI, 2nd explanation)
24) [line 16] "V'SAMACH YADO AL ROSH HA'SA'IR..." - "and he shall press his hand on the head of the he-goat..." (Vayikra 4:24)
25) [line 17] SE'IR NACHSHON - the voluntary Korban Chatas of Nachshon Ben Aminadav, the Nasi (prince) of the tribe of Yehudah. The Nesi'im offered inauguration sacrifices for the dedication service of the Mishkan in the desert (Bamidbar 7:1-88)
26) [line 19] KOL CHATAS SHE'NICHNAS DAMAH LIFNIM TE'UNAH SEMICHAH - any Korban Chatas, the blood of which enters the Beis ha'Mikdash, requires Semichah
27) [line 20] LAMAH LI L'MEIMRA "SHE'HAYAH"? - since Rebbi Shimon learns this Halachah from a verse, why does the Gemara use the phrase, "Rebbi Shimon was used to saying, "Every Chatas..." (which implies that he invented this ruling)
28) [line 20] SIMANA B'ALMA - a mere mnemonic device
29) [line 21] SA'IR HA'NA'ASEH BIFNIM
See above, entry #17.
30) [line 21] D'MECHAPER AL AVEIROS MITZVAH YEDU'AH - that atones for sins where there is a complete knowledge of the sin, both before and after the sin
31) [line 23] ZIVCHEI SHALMEI TZIBUR (SHENEI KIVSEI ATZERES)
The Torah commands to bring a Minchah offering on Shavu'os called the Shtei ha'Lechem (Vayikra 23:16-17) that consists of two loaves of bread that are Chametz, made from two Esronim of fine wheat flour. In conjunction with the Shtei ha'Lechem, various Korbenos Olah, a goat as a Korban Chatas and two sheep (the Kivsei Atzeres) that are Zivchei Shelamim are offered (ibid. 23:18-19). (These sheep were the only Shelamim brought by the Tzibur, and the only Shelamim that were Kodshei Kodashim.)
32) [line 24] SHELOSHAH MININ TE'UNIN SHALOSH MITZVOS - three types of Korbanos require three Mitzvos (but of those three Mitzvos, each type of Korban only requires two of the Mitzvos -- see Daf 62b)
33) [line 26] MAH SHALMEI YACHID SHE'EIN TE'UNIN TENUFAH CHAYIM TE'UNIN SEMICHAH CHAYIM V'CHULEI - just like the Korbenos Shelamim of an individual do not require Tenufah (see Background to Menachos 60:3) while the animals are alive, but they do require Semichah while the animal is alive, [so, too, should the Kivsei Atzeres need Semichah while the animals are alive, since they do require Tenufah while the animals are alive]
34) [line 30] BECHOR SHE'KEDUSASO ME'RECHEM - the Bechor, which is sanctified from birth (lit. from the womb) (see Background to Menachos 90:16)
35) [line 33] MA'ASER SHE'MEKADESH LEFANAV UL'ACHARAV - the Ma'aser Behemah animal, which, in the event of a mistake in the counting, sanctifies the animal before it and after it (see Background to Menachos 90:17)
36) [line 36] MAH LI'SHELAMIM SHE'KEN TE'UNIN NESACHIM U'TENUFAS CHAZEH V'SHOK - Shelamim are more stringent, since they require Nesachim and Tenufah of the chest and the right hind leg
37) [last line] KERA'EI ASMACHTA B'ALMA - the verses are mere "Asmachta'os" (ASMACHTA)
(a) At times, when Chazal make a Derashah (extrapolate a Halachah or other teaching) from a word in the Torah, it happens that the Halachah or teaching is not mid'Oraisa at all, but rather mid'Rabanan. When this happens, the Gemara usually states that the Halachah is mid'Rabanan, and "Kera Asmachta b'Alma," i.e. that the verse is only cited as a "support" for the Halachah mid'Rabanan, but its source is not actually from the Torah. (TOSFOS to Bava Basra 66b DH Michlal d'She'ivah writes that in many instances, Derashos of Chazal in the Midreshei Halachah, such as Toras Kohanim, which appear to be from the Torah, are only Asmachta'os.)
(b) A second type of Asmachta applies even to a Halachah which actually is mid'Oraisa. When Chazal find a hint in the Torah to a Halachah that has its basis in the Oral Tradition, they call this an Asmachta as well (Eruvin 5a, Chulin 77a).
(c) The Rishonim argue as to the reason why Chazal, in these instances, used verses to support their teachings.
1. From the words of the RAMBAM (Introduction to his Perush ha'Mishnayos) it appears that Asmachta'os are only mnemonic devices. (It is possible that he writes this only with regard to the latter type of Asmachta, Asmachta'os for Isurei Torah.)
2. MAHARIL (in Likutei Maharil) writes that Chazal used the device of Asmachta in order to make people regard certain Halachos mid'Rabanan as if they were actually mid'Oraisa, so that they should not treat them lightly.
3. The RITVA (to Rosh Hashanah 16a, see Be'er ha'Golah of the MAHARAL, Be'er #1) states that when Chazal present an Asmachta, it means that the Torah meant to suggest that it is fitting to implement such a Halachah, but that it did not choose to make it obligatory. The Torah empowered the Chachamim to enact it should the need for it arise. Similarly, the SHELAH (in Torah she'Be'al Peh, entry titled "Rabanan") writes that when the Chachamim utilized a hint from a verse, it means that they learned a particular approach of reasoning from this verse. Accordingly, it appeared to them that there was a need to decree this particular Halachah.
4. The MESHECH CHOCHMAH (Parshas Shoftim) claims that when Chazal present an Asmachta, it means that after Chazal instituted a particular Halachah or enacted a particular decree, they studied the Torah and found that the Torah had already hinted to that future decree in its eternal wisdom.
(d) There are those who write that a Halachah mid'Rabanan that is learned from an Asmachta, and which has a hint in the apparent meaning of the verses, is more stringent than an Isur mid'Rabanan for which an Asmachta from the Torah is not offered. These Halachos were given the status of Halachos of the Torah in certain respects, for example, with regard to the requirement to be stringent in the case of a Safek (PRI MEGADIM, Introduction to Shulchan Aruch Orach Chayim 1:2:d)
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