1) "KIDUSH YADAYIM V'RAGLAYIM" AT NIGHT
QUESTION: Rebbi Yochanan says that when the Kiyor is submerged in the cistern at sundown, it is not brought up until the following morning. The Gemara assumes that Rebbi Yochanan maintains that if the Kiyor is brought up at night, it may not be used even for Kidush Yadayim v'Raglayim for an Avodah of the nighttime, such as placing the Evarim of the previous day's Korbanos on the Mizbe'ach. The Gemara later shows that this assumption is incorrect, because Rebbi Yochanan himself says that Kohanim may do Kidush Yadayim v'Raglayim at night, for the Avodah of the night, if the Kiyor is not submerged.
TOSFOS (DH Kiyor) asks that the Gemara's initial assumption, that Rebbi Yochanan maintains that Kidush Yadayim v'Raglayim may not be done at night because the water is Pasul for all Avodos, is difficult to understand. Many Mishnayos explicitly state that the Kohanim may do Kidush Yadayim v'Raglayim at night. For example, the Mishnah in Tamid (28a) mentions that the Kohen who performs the Terumas ha'Deshen (before dawn) first does Kidush Yadayim v'Raglayim. Why does the Gemara even entertain the possibility that Rebbi Yochanan would have ruled contrary to all of these Mishnayos?
Perhaps, Tosfos says, those Mishnayos follow the opinion of Rebbi Elazar b'Rebbi Shimon (19b, according to Ilfa's understanding on 20a), who maintains that water does not become Pasul for Kidush Yadayim v'Raglayim merely as a result of being left overnight. However, according to Rebbi Yochanan, how does the Kohen do Kidush Yadayim v'Raglayim in order to do the Terumas ha'Deshen before dawn?
(a) TOSFOS answers that at this point the Gemara assumes that Rebbi Yochanan maintains that only Kohanim who did Kidush Yadayim v'Raglayim during the previous day and remained awake the entire night may perform the Terumas ha'Deshen. When the Mishnah in Yoma (37a) says that new Kohanim (who did not perform Avodah the previous day) also may perform the Terumas ha'Deshen, it must be following the view of Rebbi Elazar b'Rebbi Shimon.
(b) Alternatively, Tosfos answers that there was a different Kli Shares into which water was set aside for the nighttime Kidush Yadayim.
Many Acharonim (see MAHARAM SHIF and PANIM ME'IROS) challenge this answer of Tosfos. If Rebbi Yochanan maintains that the water of the Kiyor becomes Pasul when left out at night, how does it help to have the water in a separate Kli? That water also should be Pasul!
1. The TZON KODASHIM answers that although the Gemara later (22a) derives from a verse that a Kli Shares is able to be Mekadesh water so that it may be used for Kidush Yadayim v'Raglayim, it is not Mekadesh the water to the extent that it can become Pasul through Linah, in contrast to water in the Kiyor.
The YAD BINYAMIN does not accept the Tzon Kodashim's distinction between the level of Kidush accomplished by a Kli Shares and the level of Kidush accomplished by the Kiyor. If a different Kli Shares is able to be Mekadesh the water so that it can be used for Kidush Yadayim v'Raglayim, it should also be Mekadesh the water so that it can become Pasul through Linah.
2. The SHITAH MEKUBETZES explains that at this point, the Gemara understands that Rebbi Yochanan maintains that the water of the Kiyor which was left out at night is Pasul only mid'Rabanan due to a Gezeirah (see following Insights). Accordingly, it is possible that the water in a Kli Shares would not be Pasul because of Linah, since the Rabanan did not apply their Gezeirah to such water. This is because whenever the Rabanan enact a Gezeirah, they enact the Gezeirah only in common cases ("Milsa d'Shechicha"), as opposed to uncommon cases ("Milsa d'Lo Shechicha"). Since it is unusual that a Kohen would set aside water for Kidush Yadayim v'Raglayim in a separate Kli Shares, such a situation is a "Milsa d'Lo Shechicha," and thus the Gezeirah of Linah does not apply to such a case. (Y. MONTROSE)
2) "GEZEIRAS SHIKU'A"
OPINIONS: The Gemara records a dispute about when the water of the Kiyor becomes Pasul. Rebbi Chiya bar Yosef says that the water of the Kiyor has a different status for different Avodos. For Avodos that are "Matirim" -- they normally permit Korbanos to be eaten (by either the Mizbe'ach or by people) -- the water of the Kiyor becomes Pasul if it is not submerged before Sheki'ah, sunset. For Avodos of "Evarim" -- burning the limbs and fats of the Korban on the Mizbe'ach, which is normally done at night -- the Kiyor water must be submerged at Alos ha'Shachar (dawn) in order not to become Pasul. Rav Chisda disagrees and says that even for Avodos of "Matirim," the water merely must be submerged by Alos ha'Shachar, not by Sheki'ah. Rebbi Yochanan says that a Kiyor which is submerged at Sheki'ah is not brought up until the following morning. He also states that a Kiyor which was not submerged at night may be used for Kidush Yadayim v'Raglayim of the Avodos of the night, but may not be used for the Avodos of the next day.
The Gemara asks, what is the difference between the opinion of Rebbi Yochanan and that of Rebbi Chiya bar Yosef? The Gemara answers that the difference is "Gezeiras Shiku'a." What is Gezeiras Shiku'a?
(a) RASHI (DH Ika Beinaihu) explains that according to Rebbi Yochanan, a Gezeirah was made that the Kiyor should always be submerged at night, in order to insure that it would be submerged the next day at dawn. Rebbi Yochanan maintains that the water of the Kiyor does not become Pasul at Sheki'ah, or if the Kiyor is out at any time during the night, for Avodos of the day (even after this Gezeirah was made). This is why he says that once the Kiyor is submerged at Sheki'ah, it "should not be brought up" again, instead of saying that if the water is brought up after Sheki'ah it "becomes Pasul." Rebbi Chiya bar Yosef, on the other hand, maintains that the water becomes Pasul for the Avodos of the day if it is brought up at any time of the night. This is why Rebbi Chiya states that the water of the Kiyor "becomes Pasul"; he maintains that there was no need for a Gezeiras Shiku'a, since once the water comes out at night it automatically becomes Pasul for the Avodos of the day.
TOSFOS (DH Hagah) asks that instead of saying that "Gezeiras Shiku'a" is the difference between Rebbi Yochanan and Rebbi Chiya, the Gemara should have said that the difference between them is whether or not the water of the Kiyor becomes Pasul for the Avodah of the day when it is left out at night. Moreover, the Gemara should have asked immediately (and not left the question until later) that the opinion of Rebbi Yochanan is identical to the opinion of Rav Chisda, who also maintains that the water of the Kiyor becomes Pasul only when it is left out at Alos ha'Shachar.
(b) Tosfos therefore explains that "Gezeiras Shiku'a" means not only that the Kiyor should always be submerged at night, in order to ensure that it be submerged the next day at Alos ha'Shachar, but also that if the water of the Kiyor was not submerged at Sheki'ah, it becomes Pasul mid'Rabanan for the Avodos of the day. According to Rebbi Chiya, the water is Pasul mid'Oraisa for the Avodos of the day.
(c) The SHITAH MEKUBETZES first suggests that Rebbi Yochanan is more stringent than Rebbi Chiya. He agrees with Rebbi Chiya that the water of the Kiyor has a different status for different Avodos, and that it becomes Pasul for Avodos of "Matirim" when it was not submerged before Sheki'ah, and for Avodos of "Evarim" when it was not submerged before Alos ha'Shachar. However, Rebbi Yochanan maintains that there is an additional Gezeirah d'Rabanan. Even if one wants to do an Avodah of Evarim at night, he should not raise the Kiyor in order to do Kidush Yadayim v'Raglayim. Since other Kohanim might not be aware that the Kiyor was raised at night, they might end up using water which is unfit for Kidush Yadayim v'Raglayim for the Avodos of the next day. In this respect Rebbi Yochanan differs with Rebbi Chiya, since Rebbi Chiya maintains that the Kiyor may be used for the Avodah of the night, while Rebbi Yochanan maintains that l'Chatchilah it cannot be used for the Avodah of the night without becoming Pasul for the Avodos of the coming day. (Y. MONTROSE)