YOMA 36 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

[36a - 29 lines; 36b - 45 lines]

1)[line 1]TZAFON (KODSHIM KALIM / KODSHEI KODASHIM)

(a)The category of Kodshim Kalim - "light" Korbanos - includes Korbenos Shelamim, Todah, Ma'asar Behemah, Pesach and Bechor. These may be slaughtered anywhere in the Azarah, and may afterwards be eaten anywhere in Yerushalayim by any member of Klal Yisrael, men and women, as long as they are Tahor.

(b)The category of Kodshei Kodashim - especially consecrated Korbanos - includes Korbenos Olah, Chatas and Asham, as well as Menachos. These may be slaughtered (when applicable) only in the northern part of the Azarah. Those parts of these Korbanos which are eaten may be consumed only in the Azarah, and only by Kohanim.

(c)The bull offered by the Kohen Gadol discussed in our Mishnah is a Chatas, and as such must be slaughtered in the northern section of the Azarah. Our Mishnah states that the bull was slaughtered between the Mizbe'ach ha'Chitzon and the entrance to the Ulam. The Gemara now strives to determine which Tana maintains that this area is considered "north" for the purposes of slaughtering Kodshei Kodashim."

2)[line 5] BEIN HA'ULAM L'MIZBE'ACH- [that part of the area] between the [entrance to the] Ulam and the Mizbe'ach [ha'Chitzon which is in the northern half of the Azarah]

3)[line 6] MEKOM DERISAS RAGLEI HA'KOHANIM EZRAS KOHANIM)

(a)The eleven-Amah long by 135-Amah wide area between the Ezras Yisrael and the Mizbe'ach is called the Ezras Kohanim. No Zar (non-Kohen) enters this area or beyond unnecessarily. The Kohanim stood here when performing various Avodos relating to the Korbanos, such as the dashing of the blood of the Korban Pesach against the side of the Mizbe'ach.

4)[line 7] MEKOM DERISAS RAGLEI YISRAEL (EZRAS YISRAEL)

(a)After climbing the fifteen stairs in the west of the Ezras Nashim in the Beis ha'Mikdash, one was in the Ezras Yisrael (TY #22). This area, in which any male member of Klal Yisrael was allowed to stand, extended for eleven Amos and was 135 Amos wide. At that point began the Duchan, upon which the Leviyim stood while singing Shir.

5)[line 8] MIN HA'CHALIFOS U'LIFNIM (BEIS HA'CHALIFOS)

(a)The Ulam culminated at its northern and southern ends in the Beis ha'Chalifos (TY #59). These chambers measured eleven by fifteen Amos, and had a total of twenty-four compartments in which the slaughter knives belonging to each Mishmar (shift of Kohanim) were stored. "Chalif" means knife in Arabic (RASHI).

6)[line 11] AD'REBBI ELAZAR B'REBBI SHIMON LO MOSIF?- is Rebbi not adding to [the area described by] Rebbi Elazar b'Rebbi Shimon [as well]?

7)[line 15] MISHUM CHULSHA D'CHOHEN GADOL- [that] due to that which the Kohen Gadol may be weak [because of the fast and having stayed awake the night before, he should stand as close as possible to the Heichal and the Kodesh Kodashim, where all of the Avodos dealing with the blood of his bull are performed. This way he need not carry the heavy bowl of blood any farther than necessary.]

8)[line 18]OKEM- turning

9)[line 19] !V'NUKMEI L'HEDYA!- stand [the bull] facing [the Heichal]!

10)[line 19] YARBITZ GELALIM- defecate [in the direction of the Mizbe'ach]

11)[line 20]SOMECH (SEMICHAH)

(a)Semichah refers to the positive commandment to lean with all of one's might on the head of his sacrifice before it is slaughtered (Vayikra 1:4).

12)[line 24] ... CHATAS ... ASHAM

(a)KORBAN CHATAS - If a person transgresses a sin b'Shogeg (unintentionally) for which he is liable to receive the punishment of Kares (see Background to Pesachim 32:16) b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.

(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking Hash-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. Certain parts of the Korban is eaten by Kohanim in the Azarah; it must be consumed before the day following its offering.

(c)KORBAN ASHAM VADAI - The Torah specifies five cases in which a Korban Asham Vadai must be offered. This Korban usually consists of a ram which is worth a minimum of two Sela'im. The first three cases involve transgressions:

1.ASHAM ME'ILOS: One who benefits from Hekdesh b'Shogeg must offer a Korban Asham, aside from that which he is obligated to repay 125% of the value of that which he benefited (Vayikra 5:14-16; see Background to Kidushin 55:5a).

2.ASHAM GEZEILOS: If one steals money from his fellow Jew, swears in Beis Din that he holds no such money, and later admits to his sin, then he must first repay 125% of the value of that which he stole, and then offer a Korban Asham in order to receive atonement (Vayikra 5:20-26).

3.ASHAM SHIFCHAH CHARUFAH: If one had relations with a Shifchah Charufah (see Background to Yevamos 55:5), then he must offer a Korban Asham whether he transgressed this sin b'Mezid or b'Shogeg (Vayikra 19:20-22).

4.ASHAM NAZIR: If a Nazir (see Background to 6:41) becomes Tamei during his period of Nezirus, he must offer a sheep within its first year as an Asham (Bamidbar 6:12; see also Background to Nazir 60:2).

5.ASHAM METZORA: When a Metzora completes his Taharah process (see above, entry #9), he must offer a sheep within its first year as an Asham (Vayikra 14:12).

(d)ASHAM TALUY - If one is in doubt as to whether or not he committed a transgression for which he must offer a Korban Chatas, he offers a ram worth two Sela'im as a Korban Asham Taluy (dependant; Vayikra 5:17-19). Should he later discover that he did indeed sin, he must then offer a proper Korban Chatas; the Asham Taluy provides only temporary atonement as long as he is unsure of his requirement (see Background to Nazir 23:2b).

(e)The offering of an Asham is mostly similar to that of a Chatas. The main distinction between them is that the blood of an Asham is applied to the northeastern and southwestern Keranos only, in such a way that there is Dam on all sides of the Mizbe'ach (Shenayim she'Hen Arba).

13)[line 25]OLAH (KORBAN OLAH)

(a)An Olah sacrifice has the status of Kodshei Kodashim, and is required of both the Tzibor (e.g., the Korban Tamid) and an individual under various circumstances. Voluntary Olos may be offered as well. An Olah must be brought by an individual to atone for the transgression of an Aseh (a positive commandment), a Lav she'Nitak l'Aseh (see below, entry #19), or certain sinful thoughts (see Vayikra Rabah 7:3).

(b)One who offers a Korban Olah first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking Hash-m for forgiveness. The animal is then immediately slaughtered. The blood of the Olah is applied to the northeastern and southwestern Keranos (cubic Amah posts on the corners of the Mizbe'ach) only, in such a way that there is Dam on all sides of the Mizbe'ach (Shenayim she'Hen Arba). An Olah is unique in that the meat of the animal is burned in its entirety. The skin of the animal, however, is given to the Kohanim. An Olah must be burned on the same day that it is slaughtered. Nesachim (see Background to 31:30) are offered together with a Korban Olah.

14)[line 25]LEKET

(a)"Leket" refers to stalks of grain that have fallen to the ground while being cut or gathered during the harvest. Such stalks may not be retrieved by their owner, but must be left for the poor to take (Vayikra 19:9-10).

(b)This prohibition applies only to individual - i.e., one or two - fallen stalks of wheat. Should three stalks fall together, they are not considered Leket, and may be retrieved.

15)[line 26]SHICHECHAH

(a)If while harvesting grain one mistakenly leaves behind one or two bundles of wheat in the field, they may not be retrieved. Rather, they must be left for the poor (Devarim 24:19).

16)[line 26]PE'AH

(a)While harvesting grain, one must leave the corner of his field unharvested for the poor to take (Vayikra 19:9-10).

(b)The requirement to leave Pe'ah applies to fruit trees (Devarim 24:20), but not to vegetables (Pesachim 56b).

17)[line 26] MA'ASER ANI

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah is separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

18)[line 28]ASEH- [the transgression of] a positive commandment

19)[line 28] LO SA'ASEH SHE'NITAK L'ASEH

(LAV SHE'NITAK L'ASEH)

(a)A negative prohibition followed by an positive commandment which instructs us what to do in case the Lav has been transgressed is known as a Lav she'Nitak l'Aseh; literally, a Lav "loosened" into an Aseh. Often, the Aseh following teaches what remedial action to take in order to correct the Lav. For example, the Torah commands, "Lo Sigzol" - "Do not steal" (Vayikra 19:13). If someone transgresses this prohibition, then the Torah instructs him to correct his misdeed through "ve'Heshiv Es ha'Gezeilah" - "He should return the stolen object" (Vayikra 5:23). Sometimes, however, the Aseh contains further instruction, such as in the case of Temurah. It is forbidden to transfer Kedushah from one animal to another, as the Torah states. "Lo Yachalifenu v'Lo Yamir Oso ..." - "Do not exchange it nor transfer it ..." (Vayikra 27:10). Should one attempt to do so, however, transgressing the Lav, then the Torah commands, "v'Hayah Hu u'Smuraso Yiheyeh Kodesh" - "and both it and the animal which the transfer was attempted upon will be Kodesh." In this instance the Aseh does not correct the Lav; rather, it teaches that the second animal is Kodesh as well.

(b)Whether the Aseh immediately follows the Lav (e.g. Temurah) or it is found in a different Parshah altogether (e.g. Gezel), it is categorized as a Lav she'Nitak l'Aseh.

(c)When the Torah follows a Lav with an Aseh, one who transgresses the Lav generally does not receive Malkus (there are, however certain exceptions to this rule). Rashi (Pesachim 84a) gives two reasons for this: 1. The implication of such an arrangement is that one need only perform the Aseh in order to make up for the transgression; and 2. That which one receives Malkus for transgressing a Lav is derived from the prohibition against muzzling an ox while it is in the middle of threshing grain (see Background to Menachos 58:16), which is written in the Torah immediately following the commandment to administer Malkus. This Lav of Chasimah is not followed by an Aseh; therefore any Lav which is followed by an Aseh is not similar to it, and there is no source that one receives Malkus for transgressing such a Lav.

36b----------------------------------------36b

20)[line 1]NEVEILAH (NEVEILAH: ACHILASO)

(a)It is forbidden to eat from the carcass of an animal that has not been slaughtered in a Halachically valid manner, as the verse says, "You shall not eat anything that dies by itself. You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a non-Jew; for you are a holy people to Hash-m, your G-d ..." (Devarim 14:21).

(b)Although the Torah commands one to give a Neveilah to a Ger Toshav or a sell it to a Nochri, the prohibition of Neveilah is not considered a Lav she'Nitak l'Aseh (see above, entry #19). This is because the Torah is clearly not giving instructions as to how one can make up for his transgression; once the Neveilah is eaten, there is nothing else that be done with it! Rather, the Torah is describing what should be done with the Neveilah to begin with, before it is eaten.

21a)[line 1] LAV MA'ALYA HU- it is a proper Lav [that one receives Malkus for]

b)[line 1] LAV LAV MA'ALYA HU- it is not a proper Lav [that one receives Malkus for, since it is not similar to the Lav of Chasimah (see above, entry #19). Although it is not a Lav she'Nitak l'Aseh, a positive commandment is stated together with it.]

22)[line 4]"[... ] [ ...]""[... LE'ANI VELA'GER] TA'AZOV [OSAM ...]"- "[... for the destitute and convert] abandon [them ...]" (Vayikra 19:10). This verse refers to, among other things, Pe'ah and Leket; verses utilizing similar terminology refer to Shichecha as well (Devarim 24:19).

23a)[line 5] ME'IKARA MASHMA- implies [what should be done] beforehand [similar to the commandment to give a Neveilah to a Ger Toshav]

b)[line 6] HASHTA MASHMA- implies [what should be done] now [after one takes the Pe'ah or Leket for himself; that is, it is a Lav she'Nitak l'Aseh, since even at that point one must replace those stalks in the field for the Ani or Ger to collect]

24)[line 7] SA'IR HE'MISHTALE'ACH

(a)On Yom ha'Kipurim, two goats identical in every way are led in front of the Kohen Gadol. As part of the service of the day, he casts a Goral (lot) to determine which of the goats will be the Sa'ir la'HaSh-m, and which the Sa'ir la'Azazel. The first is offered as a Korban, and its blood is sprinkled, in the Kodesh ha'Kodashim; the other is dispatched (Mishtale'ach) to Azazel (a rocky cliff), from which it is pushed off to its death. A strip of crimson wool was tied between the horns of the Sa'ir ha'Mishtale'ach before it was led to Azazel. He who takes the goat to Azazel becomes Tamei, and must subsequently immerse his body and clothing in a Mikvah (Vayikra 16:26).

(c)The Sa'ir ha'Mishtale'ach symbolically carried with it all of the sins of Klal Yisrael; they were forgiven when it was pushed over the cliff. A companion piece of crimson wool remained behind near the Beis ha'Mikdash. When Klal Yisrael merited it, the wool would turn white as the Sa'ir went over the cliff to symbolize that they had been forgiven.

25)[line 10]NOSEI- bears

26a)[line 12]ZEDONOS- sins committed willfully (but not rebelliously)

b)[line 13]MERADIM- sins committed as an act of rebellion against Hash-m

27)[line 15]"[ - ;] .""[VA'YIFSHA EDOM MI'TACHAS YAD YEHUDAH AD HA'YOM HA'ZEH;] AZ TIFSHA LIVNA BA'ES HA'HI"- "[And Edom rebelled from under the jurisdiction of Yehudah until this day;] then (the city) Livnah rebelled at that time" (Melachim II 8:22).

28)[line 18] ?CHOZER U'MISVADEH AL HA'SHEGAGOS?- is it logical that he should then confess and ask forgiveness for unintentional sins? (i.e., If he has received forgiveness for intentional and even rebellious sins, he certainly has already received forgiveness for unintentional sins!)

29)[line 27] ASEH LAHEM ZEDONOS K'SHEGAGOS- view their intentional sins as unintentional sins

30)[line 32]D'NACHIS- who went down [to lead the Tzibor in the Tefilos of Yom ha'Kipurim, in which he detailed the Avodah of the Kohen Gadol in the Beis ha'Mikdash on that day]

31)[line 35]"[ - -,] [ .]""... V'CHIPER [BA'ADO UV'AD BEISO.]"- "[And Aharon shall draw close his bull that is a Chatas,] and atone [for himself and his household]" (Vayikra 16:7).

32a)[line 35] KAPARAS DEVARIM- atonement achieved through words; Viduy

b)[line 36] KAPARAS DAMIM- atonement achieved through [the] blood [of the bull, which is sprinkled in the Kodesh ha'Kodashim and the Heichal, and applied to the Mizbe'ach ha'Ketores]

33)[line 38]SA'IR- the Sa'ir ha'Mishtale'ach; see above, entry #24

34)[line 40] V'IM NAFSHECHA LOMAR- and if you would like to suggest otherwise

35)[line 42] V'ADAYIN LO NISHCHAT HA'PAR- and the bull is not yet slaughtered [since the very next verse instructs Aharon to slaughter it; clearly, the atonement under discussion is not related to the Avodos of the blood]

36)[line 43] SA'IR HA'NA'ASEH BI'FNIM

(a)On Yom ha'Kipurim, two goats identical in every way are led in front of the Kohen Gadol. As part of the service of the day, he casts a Goral (lot) to determine which of the goats will be the Sa'ir la'HaSh-m, and which the Sa'ir la'Azazel. The first is offered as a Korban, while the other is dispatched (Mishtale'ach) to Azazel (a rocky cliff), from which it is pushed off to its death.

(b)The blood of the Sa'ir la'Hashem is sprinkled seven times inside the Kodesh ha'Kodashim, as well as in the Heichal toward the Paroches. It is also applied to the corners of the Mizbach ha'Ketores (Vayikra 16:16, 18-19). The carcass of the goat is then burned in its entirety, along with its excrement, outside Yerushalayim in the same place that the ashes emptied from the Mizbe'ach are deposited (Vayikra 16:27).

(c)The Mishnah (Shevu'os 2a) states that the Sa'ir la'Hashem provides atonement in conjunction with the day of Yom ha'Kipurim for one who sinned with Tum'as Mikdash v'Kodashav (see Background to 18:19). This atonement is provided for one who was initially aware of the Tum'ah and subsequently forgot, as well as for one who committed this sin intentionally (Shevu'os 2b).

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