1) "ANYWHERE IN THE AZARAH" OR "WITHIN THE CURTAINS"

QUESTION: The Mishnah states that a Korban Todah is Kodshim Kalim and may be slaughtered "anywhere in the Azarah." The Gemara and Mefarshim analyze the different terminologies used throughout the Mishnayos of this Perek. In other Mishnayos (such as the previous Mishnah, which discusses the Korban Asham), the term "anywhere in the Azarah" is replaced with "within the curtains," although the meaning apparently is the same.

Why does the Mishnah sometimes use one term, and other times it uses the other term? (TOSFOS YOM TOV)

ANSWERS:

(a) The TOSFOS YOM TOV answers that in a later Mishnah, which discusses the Mishkan, the Tana writes that Kodshei Kodashim were eaten "within the curtains," a reference to the Mishkan which was enclosed by curtains. Since the Tana uses this description of the Azarah when he explains the laws of Kodshei Kodashim in the Mishkan, he uses the same terminology when he describes the laws of Kodshei Kodashim in general. In contrast, since the Tana does not discuss the laws of Kodshim Kalim in the Mishkan, he uses the simple terminology of "within the Azarah" when he discusses the location of Shechitah for Kodshim Kalim in the Beis ha'Mikdash.

(b) The RASHASH has difficulty with the usage of these phrases from the Mishnah later (63a) which discusses the laws of Menachos. The Mishnah there states that Kemitzah may be performed "anywhere in the Azarah," and that the Minchah is eaten "within the curtains." Why does the Tana use two different phrases to describe the same area in one Mishnah?

The Rashash answers that there indeed is a practical difference between these two phrases. The Gemara later (56a) teaches that there are chambers that open into the Azarah, and that in those chambers one is not allowed to slaughter Kodshim Kalim, but a Kohen is allowed to eat Kodshei Kodashim there. This explains why the term used for eating Korbanos is "within the curtains"; this term includes an area which is wider than the actual Azarah. However, when the Mishnah discusses the area for the Avodah of the Korbanos, the Mishnah always uses the term "anywhere in the Azarah," in order to teach that the Shechitah must be done in the Azarah itself, and not in open that open into the Azarah. (See also SEFAS EMES who gives an answer similar to that of the Rashash.) (Y. MONTROSE)

55b----------------------------------------55b

2) SLAUGHTERING A KORBAN BEFORE THE DOORS OF THE HEICHAL OPEN FOR THE DAY

OPINIONS: The Gemara quotes Shmuel who states that if one slaughters a Korban Shelamim in the morning before the doors of the Heichal open for the day, the Korban is Pasul. Does this law apply specifically, for some reason, to a Korban Shelamim, or does it apply to all Korbanos, and Shmuel mentions Korban Shelamim only as an example?

(a) RASHI (61a, end of DH u'Shnei Mekomos) writes that Shmuel means that only a Shelamim is Pasul when it is slaughtered before the doors of the Heichal open, but no other Korban is Pasul when it is slaughtered at that time, since the verse which the Gemara cites as the reason for this law specifically discusses a Korban Shelamim. The MEFARESH in Nazir (45a, DH Tanu Rabanan) explains that the logic behind the Gezeiras ha'Kasuv is that the Shelamim is purely a "present" from a person to Hash-m, unlike other Korbanos (which either provide atonement, like an Olah, even though it may be offered voluntarily, or are brought to express a specific form of gratitude, such as a Todah). Therefore, the doors of the Heichal must be open when the Shelamim is slaughtered.

(b) TOSFOS (DH Kodem) asserts that Shmuel's statement applies to all Korbanos. Tosfos challenges Rashi's explanation from the Mishnah in Tamid (30b), which states that the Kohen does not slaughter the morning Korban Tamid until he hears that the door has been opened. Tosfos rejects the possibility that the Mishnah in Tamid refers to an enactment of the Rabanan, because the verse, "Zos ha'Torah" (Vayikra 7:37), lists many of the specific types of Korbanos and provides a Hekesh for learning laws from one to another (see, for example, applications of this Hekesh on 4b and 97b). Accordingly, this law should apply mid'Oraisa to all Korbanos, based on the Hekesh.

Tosfos continues that it is not possible that the Gezeiras ha'Kasuv is teaching only a l'Chatchilah requirement. The Gemara in Yoma (62b) says that if one slaughters a Shelamim ba'Chutz (outside of the Beis ha'Mikdash) before the doors of the Heichal are opened in the morning, he is exempt from liability for the sin of Shechutei Chutz. If the requirement to slaughter the Korban when the doors are open would be only l'Chatchilah, it would not make sense that one would be exempt from liability for Shechutei Chutz merely because of a Halachah l'Chatchilah. In fact, the Gemara later (109a) teaches that when a Korban which is Pasul mid'Oraisa is slaughtered outside of the Beis ha'Mikdash, one still may be liable for Shechutei Chutz even if the Pesul is one for which the Korban would not be taken down if placed on the Mizbe'ach.

The MITZPEH EISAN answers the first question of Tosfos on Rashi, that this law should apply to all Korbanos because of the Hekesh in the verse "Zos ha'Torah." Tosfos earlier (50a, DH Im Al Todah) writes that this Hekesh may be used only when the law can apply to all of the Korbanos listed in the verse. Since the verse mentions the Korban Minchah, which has no Shechitah, the law that a Korban must be slaughtered after the doors of the Heichal are open cannot be applied to all of the Korbanos listed in the verse, since it does not apply to the Korban Minchah. (See also TOSFOS to Yoma 29a, DH Ela.) (Y. MONTROSE)

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