39b----------------------------------------39b
2) THE SUGGESTION THAT THE VERSE INCLUDES THE "CHATAS" OF ROSH CHODESH
QUESTION: The Torah states regarding the Par He'elem Davar, "v'Asah la'Par Ka'asher Asah l'Far ha'Chatas" -- "And he shall do with the bull as he did with the bull of the Chatas" (Vayikra 4:20). The Beraisa (39a) states that the first word "la'Par" includes the Par Yom ha'Kipurim, and the second "l'Far" includes the Par Kohen Mashi'ach. The word "ha'Chatas" includes a Chatas brought by the people for a communal transgression of the sin of idolatry. The verse teaches that all of their Zerikos must be done in order for the Korban to be valid.
The Beraisa (39a) adds that one might have thought that these words ("la'Par") refer to the Chata'os of the Regalim and of Roshei Chadashim. The Beraisa says that it is logical that they refer to Korbanos that are clearly brought for sins, and not to Korbanos that are not brought for sins.
TOSFOS (DH u'Se'irei) asks why the Gemara entertains the possibility that the verse includes the Chatas of Rosh Chodesh. The Chatas of Rosh Chodesh is eaten, as indicated by the fact that Moshe Rabeinu was upset at the sons of Aharon for burning the Chatas of Rosh Chodesh (Vayikra 10:16). The Chata'os listed in the Beraisa, however, are not eaten but burned! (Since they are so different in such a significant way, it seems clear that the verse would not include them in place of other Chata'os which are burned.)
ANSWERS:
(a) TOSFOS answers that the Gemara's question is actually why Moshe Rabeinu did not derive from this verse that the Chatas of Rosh Chodesh has the same law in all respects as the Chata'os that are burned (such as the Par He'elem Davar).
(b) The SHITAH MEKUBETZES also suggests this answer, but he has difficulty with it. He suggests instead that the Gemara does not really mean to suggest that the verse includes the Chatas of Rosh Chodesh, but it means to suggest only that the verse includes the Chata'os of the Regalim. Since Rosh Chodesh and the Regalim are always mentioned together, the Gemara mentions Rosh Chodesh here as well.
However, the Shitah Mekubetzes quotes RABEINU NESANEL who has a problem with the suggestion that the verse includes the Chata'os of the Regalim as well. Since the Chatas (Par) of Yom Kippur is included, and the verse "Achas ba'Shanah" (Vayikra 16:34) teaches that a type of Korban like that of Yom Kippur is brought only once a year, how can the Gemara suggest that the Korbanos of the Regalim should also be brought on the Mizbe'ach ha'Penimi?
(c) RABEINU NESANEL therefore answers that the Gemara does not mean to suggest that the Chatas of Rosh Chodesh has all of the same laws as the Par He'elem Davar. Rather, it merely raises the possibility that all four Zerikos of its blood must be done or the Korban will be invalid. In this respect it is similar to the Par He'elem Davar, for which all of the Zerikos must be done or the Korban will be invalid.
However, the Shitah Mekubetzes asks that this answer is also difficult. If it is true that the Chata'os of Rosh Chodesh and the Regalim are not brought on the Mizbe'ach ha'Penimi, then why does the Gemara say that the verse should include the other Chata'os because they are clearly brought for sins? It should give the more basic difference -- that the other Chata'os are Penimiyos, while the Chata'os of Rosh Chodesh and the Regalim are brought on the Mizbe'ach ha'Chitzon! It must be that the Gemara means to say that the Chata'os of Rosh Chodesh and the Regalim should also be Penimiyos.
(d) The Shitah Mekubetzes returns to his original answer (in (b) above). He answers Rabeinu Nesanel's challenge to his answer by saying that when the verse implies that a Korban like that of Yom Kippur is brought only once a year, it does not exclude other Korbanos from being brought on the Mizbe'ach ha'Penimi. It means only that this Korban of Yom Kippur serves for only one type of atonement, and not for two types of atonement. This explanation of "Achas ba'Shanah" is indeed mentioned by the Gemara in Shevuos (10a-b). (Mordechai Zvi Dicker, Y. Montrose)

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