ZEVACHIM 44 (13 Sivan) - Dedicated by Elliot and Lori Linzer to commemorate the Yahrzeit of Chaim Yoseph ben Ephraim Henoch ha'Levi z'l.


QUESTION: The Gemara quotes the second part of a Beraisa which says, "Or perhaps one may bring only a Korban [and make it Pigul] which is like a Shelamim? Just as Shelamim is unique in that it may be eaten for two days and one night, so, too, Pigul should apply only to Korbanos which are eaten for two days and one night. What is the source that Korbanos eaten for one day and one night also can become Pigul? The verse "mi'Besar," "from the flesh" (Vayikra 7:18), teaches that even such Korbanos can become Pigul."

What does the first part of the Beraisa say, the part not quoted by the Gemara? RASHI (DH O Eino Mevi) explains that this Beraisa is found in the Toras Kohanim. The first part of the Beraisa states that one might think that Pigul applies only to a Korban Shelamim. What is the source that it applies to other Korbanos as well? The Beraisa answers that this is derived through a Gezeirah Shavah from the Isur which prohibits a Kohanim from bringing a Korban when he is Tamei. The Beraisa continues to derive, from various verses, that Pigul applies to other Korbanos, such as a Korban Olah.

The Acharonim seek to clarify this Beraisa.

The first part and second part of the Beraisa seem to be teaching the same thing. Both provide sources that Pigul applies not only to Shelamim but to other Korbanos as well. Why, though, are two different teachings necessary for this?


(a) The KORBAN AHARON explains that the Beraisa first learns that the Gezeirah Shavah from Tum'ah to Pigul applies not only to Shelamim but also to Bechor, which is eaten for two days and one night, like Shelamim. However, the Gezeirah Shavah might not apply to Korbanos which are eaten only for a day and a night. The word "mi'Besar" teaches that any Korbanos eaten for a day and a night also can become Pigul.

The CHOK NASAN has difficulty with the explanation of the Korban Aharon. The Beraisa begins with a Gezeirah Shavah which apparently teaches that just as a Kohen may not offer any Korban when he is Tamei, he has the power to make any Korban become Pigul. Why does the Beraisa need to seek other sources to teach that Korbanos that are eaten for one day and one night, and a Korban Olah, are subject to Pigul?

(b) The Chok Nasan gives an alternate explanation. The Gemara later (28b) explains that a Korban becomes Pigul only if the Kohen has a Machsheves Pigul and performs the rest of the Avodos of the Korban in the proper manner. If the primary Avodah (the Zerikah) is not done, the Korban does not acquire the status of Pigul despite the fact that the Kohen had a Machsheves Pigul. However, it is possible that this Halachah applies only to Kodshim Kalim, which are similar to Shelamim, while for Kodshei Kodashim the Torah confers the status of Pigul on the Korban immediately, regardless of whether or not the primary Avodah is done. This is the consideration which causes the Gemara to require another Limud for Korbanos that are eaten for one day and one night, a Korban Olah, and other types of Korbanos.

(c) The YAD BINYAMIN quotes the ASIRIS HA'EIFAH on the Toras Kohanim who explains the Beraisa as follows. The Gezeirah Shavah from Tum'ah is based on the verse, "v'Yinazru mi'Kodshei Bnei Yisrael" -- "And they (the Kohanim who are Tamei) shall separate themselves from the Kodshim of Bnei Yisrael" (Vayikra 22:2). The second part of the verse says, "Asher Hem Makdishim Li" -- "which they consecrate to Me." The first and second part of the verse seemingly have different implications. The phrase "mi'Kodshei" -- "from the Kodshim of..." -- implies that the verse refers only to some, but not all, of the Kodshim of Bnei Yisrael. The second part of the verse, however, does not limited its application, as it discusses all Korbanos that Bnei Yisrael consecrate to Hash-m. It must be that all Korbanos are forbidden for a Kohen to offer when he is Tamei. However, since the Gezeirah Shavah is learned from the first part of the verse, it should teach only that "mi'Kodshei" -- "from the Kodshim" -- become Pigul, but not all Korbanos become Pigul. This is why the Beraisa cannot learn all Korbanos from the Gezeirah Shavah, and it learns from the Gezeirah Shavah only that Korbanos similar to Shelamim can become Pigul. (Y. MONTROSE)



OPINIONS: The Beraisa quotes the opinion of the Chachamim who maintain that a person who is obligated to bring a Korban Asham together with a Log of oil may bring the Korban one day and the Log of oil ten days later.

Do the Chachamim mean that even l'Chatchilah a person may bring his Log of oil later if he wishes, or do they mean only that the Korban Asham is valid b'Di'eved if the Log of oil is not brought on the same day?

(a) RASHI in Temurah (14a, DH Minchasam) writes that the only reason why one would not bring the oil on the same day as he brings the Korban is that he has no oil available at that time. This implies that even according to the Chachamim, l'Chatchilah one must bring the Log of oil when he brings the Korban Asham.

(b) TOSFOS in Rosh Hashanah (30b, DH v'Niskalkelu) also maintains that, l'Chatchilah, the oil should be brought together with the Korban Asham. Tosfos writes that the reason is that one is supposed to bring the entire Korban (including the Log) when the Shirah is sung in the Beis ha'Mikdash. If the Log is brought later, it might be brought when the Shirah is not being sung. Tosfos explains that the Gemara in Temurah (12a) is uncertain about whether or not the Shirah is sung when the Nesachim are brought long after the Korban, which caused them to be brought, was offered. Also, Nesachim that are brought by themselves are allowed to be brought at night, when there is no Shirah in the Beis ha'Mikdash.

The EIZEHU MEKOMAN points out that there is a significant difference between the explanation of Rashi and that of Tosfos. Shirah is sung only when a public Korban Asham of the Tzibur is offered. When a private Korban Asham is offered, there is no Shirah. Hence, according to Tosfos, an individual who brings his own private Korban Asham may bring, l'Chatchilah, the oil ten days later. According to Rashi, there is no difference between a public Korban Asham and a private one; in both cases, the oil must be brought with the Korban, and if it is brought later, the Korban is valid only b'Di'eved.

(c) The RAMBAM (Hilchos Ma'aseh ha'Korbanos 2:14) writes, "A person may bring his Korban today and his Nesachim ten days later; [this applies to] both an individual and the public." The Rambam's wording implies that one may bring the Nesachim, or Log of oil, later even l'Chatchilah. (Y. MONTROSE)