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ZEVACHIM 36
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ZEVACHIM 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.

1) A THOUGHT TO PERFORM THE "ZERIKAH" IN THE WRONG PLACE
QUESTION: Rebbi Yehudah in the Mishnah states that even a thought to not perform the Zerikas ha'Dam or Haktaras ha'Eimurim at all, or to take the blood or Eimurim outside of the Azarah, disqualifies the Korban. The Gemara explains that his ruling is based on logic. Rebbi Yehudah maintains that any act that disqualifies the Korban when it is actually done to the Korban also disqualifies the Korban when the Kohen who offers the Korban has a thought to do such an act. The Gemara asks that if this is true, why does Rebbi Yehudah not disqualify the Korban in a case in which the Kohen has a thought to perform Zerikah outside of the Heichal, when that Zerikah is supposed to be done inside the Heichal, or the Kohen has a thought to perform the Zerikah inside, when that Zerikah is supposed to be done outside (on the outer Mizbe'ach)?

The Gemara answers that Rebbi Yehudah maintains that a thought disqualifies a Korban only when it involves a "Makom Meshulash," as derived from the word "Shelishi" in the verse that discusses Pigul (Vayikra 7:18). RASHI explains that a Makom Meshulash excludes the Heichal. Therefore, a thought to perform Zerikah in the Heichal cannot disqualify the Korban.

This answer seems to explain only one of the Gemara's questions on Rebbi Yehudah: why Rebbi Yehudah does not disqualify the Korban when the Kohen had a thought to perform the Zerikah in the Heichal, when that Zerikah is supposed to be performed outside of the Heichal. Why, though, does Rebbi Yehudah not disqualify the Korban when the Kohen has a thought to do Zerikah outside of the Heichal, when it was supposed to be performed inside the Heichal? The Gemara's answer does not seem to address this point at all. (TOSFOS YOM TOV)

ANSWERS:
(a) TOSFOS (26b, DH Amar) suggests two approaches. His first approach is as follows. The Gemara earlier asks why Rebbi Yehudah does not disqualify the Korban if the Kohen has a thought to perform Zerikas ha'Dam on the upper part of the Mizbe'ach when it is supposed to be performed on the lower part (or vice versa). The Gemara answers that Rebbi Yehudah maintains that "she'Lo b'Mekomo k'Mekomo Dami"; this means that when the Zerikah is performed in the wrong place on the Mizbe'ach, the Korban is still accepted. Based on the same logic, it follows that if the Kohen has a thought to perform Zerikah outside of the Heichal when it was supposed to be performed inside the Heichal, it should not disqualify the animal, because even if the Kohen actually does the Zerikah outside the Korban remains valid due to Rebbi Yehudah's ruling that "she'Lo b'Mekomo k'Mekomo Dami."

The Gemara here addresses only the other case, the case in which the Kohen has in mind to do the Zerikah inside when it was supposed to be done outside. The Gemara is discussing a Korban Chatas, which becomes Pasul if its blood is brought into the Heichal. Since bringing the blood into the Heichal invalidates the Korban, merely thinking about bringing the blood into the Heichal should also disqualify the Korban, according to Rebbi Yehudah.

Tosfos points out that this is the intention of Rashi here (DH v'Liflog).

(b) In his second approach, Tosfos suggests that perhaps if the Kohen performs the Zerikas ha'Dam of a Chatas Penimis on the outer Mizbe'ach, the Korban indeed becomes disqualified. Although Zerikah performed "she'Lo b'Mekomo," in the wrong place, is considered to have been performed in the correct place, Zerikah on the wrong Mizbe'ach is worse than "she'Lo b'Mekomo" and is disqualified. The Gemara's question indeed is from both of the cases that the Gemara mentions.

Tosfos explains that the Gemara's answer is that two things are derived from the word "Shelishi" (the source for the necessity of "Makom Meshulash"). It teaches that a thought to perform an Avodah in the Heichal does not disqualify the Korban. It also teaches that a thought to perform, outside of the Heichal, an Avodah which is supposed to be done in the Heichal does not disqualify the Korban.


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

2) A THOUGHT TO DO A DISQUALIFYING ACT THAT IS NOT IN ONE'S HANDS TO DO
QUESTION: The Gemara (36a) explains that according to Rebbi Yehudah, when a Kohen has a thought, while offering a Korban, to do an act that will disqualify the Korban, the Korban becomes disqualified. The Gemara asks why Rebbi Yehudah does not disqualify the Korban when the Korban is offered with a thought that a person who is an Arel or a Tamei will offer the Eimurim on the Mizbe'ach or eat the meat of the Korban. The Gemara answers that even if an Arel or Tamei offers the Korban or eats its meat, it does not disqualify the Korban, and therefore having a thought that such a person will offer it does not disqualify the Korban (although having such a thought is a transgression). The Gemara adds a second point and says that it is not within the power ("b'Yado") of the person offering the Korban to arrange for an Arel or Tamei to eat the Korban; it requires the cooperation of the Arel or Tamei. Since it is not entirely in his hands, his thought cannot disqualify the Korban; his thought disqualifies the Korban only when he thinks about what he will do, and not when he thinks about what others will do.

The Gemara here cites Rav Chisda who says that if a person offers a Korban with intention that Teme'im will eat the Korban tomorrow, Chutz l'Zemano, the Korban becomes Pigul. The Gemara explains that even though the Teme'im are not fit to eat the Korban even during the proper time, having a thought that Teme'im will eat it during the wrong time disqualifies the Korban.

Why should a thought that Teme'im will eat the Korban disqualify the Korban? This thought involves the cooperation of someone else, the Tamei person. The Gemara (36a) says that a thought that involves an action which requires the cooperation of another person does not disqualify the Korban. (TEVU'OS SHOR 4:13; see also SHITAH MEKUBETZES 31a:6.)

Moreover, the Mishnah (31b) teaches that all of the Pesulim can make a Korban become Pigul if, while slaughtering the animal, they have a thought about eating the Korban, or doing Zerikas ha'Dam, Chutz l'Zemano. In the Mishnah's case, who is the subject of the Pasul's thought? Who does he have in mind will eat the Korban or offer it Chutz l'Zemano? If he has in mind that he will eat or offer it himself, then this clearly implies that if the Korban is brought with a thought that a Tamei, or any other Pasul, will eat the meat Chutz l'Zemano, the Korban is Pigul. Why, then, does the Gemara here not prove Rav Chisda's statement from the Mishnah? Rather, it must be that the Gemara understands that the Mishnah means that, during Shechitah, the Pasul had in mind that another person -- one who is eligible to eat or offer the Korban -- would eat or offer it Chutz l'Zemano, even though such an act is not within his power to carry out! (ROSH HA'MIZBE'ACH)

ANSWERS:
(a) The TEVU'OS SHOR suggests that the Gemara earlier (36a) means that if a person performs the Avodah while he is Tahor and he plans on making himself Tamei and eating the meat of the Korban while he is Tamei, then his thought can make the Korban become Pigul. The Gemara earlier (36a) says that a thought that an Arel will eat the Korban does not take effect, because it is not in his hands to make himself an Arel.

The MIKDASH DAVID (33:1, DH Makshinan) points out that even a thought that an Arel will eat the Korban should be considered within a person's power, such as in a case in which an Arel performs Shechitah with intention to eat the Korban himself Chutz l'Zemano (since an Arel is permitted to perform the Shechitah (31b)). Apparently, when the Gemara (36a) says that it is not in his power, it refers to a case in which the person who is performing the Shechitah is not an Arel or Tamei himself, who has a thought that someone else who is an Arel or Tamei will eat or offer the Korban Chutz l'Zemano. However, if the person slaughtering the Korban is an Arel or Tamei himself, then the Gemara will need to rely on the first answer, that the Korban does not become disqualified with such a thought, since it does not become disqualified if an Arel or a Tamei actually eats it.

Why does the Gemara not prove the ruling of Rav Chisda from the Mishnah which says that a thought during Shechitah, performed by a person who is ineligible to perform the Avodah, can disqualify the Korban? Perhaps Rav Chisda's point is that even a thought that Teme'im will eat the Korban Chutz l'Zemano is the same as a thought that another Pasul will eat it Chutz l'Zemano. Without Rav Chisda's ruling, one would have thought that the Mishnah (31b) refers only to other Pesulim, other than one who is Tamei, who can disqualify the Korban with a thought that they will eat it Chutz l'Zemano. There is an additional Chidush to the fact that a thought that a Tamei person will eat the meat Chutz l'Zemano can disqualify the Korban, as TOSFOS points out (DH she'Yochluhu).

(b) Alternatively, the TEVU'OS SHOR suggests that the Gemara here is retracting the second answer that it gave earlier (36a). The Gemara maintains that even if it is not in his power to perform the action that he thought about, his thought still can disqualify the Korban. (See also TAHARAS HA'KODESH, 26b.)

(c) The NETZIV in MEROMEI SADEH (36a) and the CHAFETZ CHAIM in ZEVACH TODAH explain that the Gemara's statement earlier was made only with regard to the opinion of Rebbi Yehudah, who maintains that a thought to do an act disqualifies the Korban as if the act was actually performed. This Halachah is based on logic alone; in such a case, the Gemara says that if the person who had the thought could not have done the action himself, then such a thought cannot be compared to an actual act and it cannot disqualify the Korban.

The Gemara here, in contrast, is discussing the laws of Pigul. In the Gemara's case, a person has a thought that disqualifies the Korban because of the laws of Pigul. The verse which teaches the laws of Pigul does not limit a thought of Pigul to a thought that the person offering the Korban himself will do a certain act. Rather, even if he has in mind that someone else will do the Zerikah, or eat the Korban, Chutz l'Zemano, the Korban becomes disqualified and becomes Pigul.

Many later Acharonim accept the opinion of the Chafetz Chaim.

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