1) BONES AND OTHER PARTS OF THE ANIMAL THAT BECAME SEPARATED FROM THE ANIMAL

OPINIONS: The Mishnah (85b) teaches that some parts of a Korban (such as the bones and horns) are not placed upon the Mizbe'ach unless they are still attached to the parts of the animal that are supposed to be placed on the Mizbe'ach. This is derived from the verse, "v'Hiktir ha'Kohen Es ha'Kol" -- "and the Kohen shall burn all of it" (Vayikra 1:9). That these parts are not to be burned on the Mizbe'ach once they have become detached from the rest of the animal is learned from the verse, "v'Asisa Olosecha ha'Basar veha'Dam" -- "and you shall make as your Olos the flesh and the blood" (Devarim 12:27), which excludes the other parts of the animal.

The Gemara quotes a Beraisa which also derives these two Halachos from these two verses. However, the Beraisa uses a different wording when it teaches that bones that are detached are not placed on the Mizbe'ach. The Beraisa says, "If they were brought up [onto the Mizbe'ach], then they must be taken down." The Mishnah, in contrast, says, "They shall not be brought up [onto the Mizbe'ach]." Is there any practical difference between the Mishnah and the Beraisa, or are they in agreement?

(a) RASHI (DH Man) explains that the Mishnah and Beraisa are saying the same thing. The Mishnah means not only that these parts of the animal may not be placed on the Mizbe'ach, but also that they must be removed from the Mizbe'ach if placed there. When the Gemara asks "who is the Tana," Rashi explains that it is asking who is the Tana of the Mishnah. The Gemara answers that it is Rebbi, who explicitly states that these parts of the animal must be removed from the Mizbe'ach if placed there.

The SHITAH MEKUBETZES questions Rashi's explanation. If the Mishnah means the same thing as the Beraisa, then it should state explicitly that these parts of the animal must be removed from the Mizbe'ach if placed there.

The ZEVACH TODAH answers the question of the Shitah Mekubetzes. The reason why the Mishnah says that these parts should not be placed on the Mizbe'ach, instead of saying that they must be removed if placed there, is that the Mishnah wants to maintain consistency with the first case that it mentions. In the first case, the Mishnah says that when these parts are attached to the animal, they are to be placed on the Mizbe'ach. The Mishnah phrases the second case in a similar way, saying that if the parts are detached from the animal, then they may not be placed on the Mizbe'ach. Nevertheless, the Mishnah agrees that if they were placed on the Mizbe'ach, they must be removed.

(b) TOSFOS (DH Man) says in the name of the RI that the Mishnah and Beraisa disagree. When the Mishnah says that these parts that became separated from the animal may not be placed on the Mizbe'ach, it means that if they were placed on the Mizbe'ach, they may remain there. This is in contrast to the Beraisa, which says that even if these parts have already been placed on the Mizbe'ach, they must be removed.

The SEFAS EMES sides with Rashi's explanation and questions that of Tosfos. The Sefas Emes writes that Rashi found it difficult to explain that there is an argument between three Tana'im -- the Rabanan in the Mishnah, Rebbi, and the Rabanan in the Beraisa who say that even when these parts are separated from the animal, they should be placed on the Mizbe'ach. If there is a doubt about whether Rebbi is expressing a third opinion, why should one assume that there is a three-way argument?

The question of the Sefas Emes is difficult to understand. As the Zevach Todah states, Tosfos does not say that the Beraisa differs from the Mishnah. Tosfos understands that when the Rabanan in the Mishnah say that these parts should be placed on the Mizbe'ach even when they are detached, they are referring to a case in which the parts separated from the animal when they were already on the top of the Mizbe'ach. Since they were placed on the Mizbe'ach when they were attached to the animal, they may be placed on the fire atop the Mizbe'ach.

Perhaps the intention of the Sefas Emes is to say that Rashi does not explain the view of the Rabanan in this manner because if this is what the Rabanan mean, then the Beraisa should express this explicitly. Moreover, Rashi does not want to assume that there is a three-way argument, based on the simple explanation of the Beraisa.

Both the Sefas Emes and the Zevach Todah point out that the RAMBAM (Hilchos Pesulei ha'Mukdashin 3:16) rules that these parts should be removed from the Mizbe'ach. He apparently understands the Mishnah like Rashi. If the Rambam would agree with Tosfos, he should rule like the Rabanan in the Mishnah who say that these parts need not be removed once they were placed on the Mizbe'ach. (Y. MONTROSE)

86b----------------------------------------86b

2) WHO PERFORMS THE "TERUMAS HA'DESHEN" ON YOM KIPPUR?

OPINIONS: The Gemara cites the Mishnah in Yoma (20a) which lists three different times at which the Terumas ha'Deshen is performed. The first time is when the Terumas ha'Deshen is performed on an ordinary day, which is either immediately before or immediately after the "Keri'as ha'Gever" (approximately the time of Amud ha'Shachar, or dawn; see Yoma 20b, and RAMBAM, Hilchos Temidin u'Musafin 2:11). The second time is when the Terumas ha'Deshen is performed on Yom Kippur night, when it should be performed starting from Chatzos (midnight). The third time is when the Terumas ha'Deshen is performed during the festivals. During the festivals, it should be performed from when one quarter of the night has passed.

The Gemara later explains the two changes from the ordinary schedule. The Terumas ha'Deshen is done from Chatzos on Yom Kippur night because of the weakness of the Kohen Gadol on Yom Kippur. It is done after the first quarter of the night during the festival because the large number of Korbanos brought during the festival increases the amount of work necessary to clear the top of the Mizbe'ach from all of the ashes, and thus the work must begin much earlier than usual in order to clear off the Mizbe'ach in time for the next day's Korbanos.

The Gemara says that the reason why the Terumas ha'Deshen is performed earlier on Yom Kippur is to help the Kohen Gadol preserve his strength during the Avodos of the day. The Gemara clearly implies that it is the Kohen Gadol who performs the Terumas ha'Deshen, just as he performs all of the other Avodos of Yom Kippur. However, the Mishnah later in Yoma (22a) discusses the Payis (drawing of lots) performed to choose a Kohen to perform the Terumas ha'Deshen. The Mishnah implies that the Terumas ha'Deshen may be performed by any Kohen and not only by the Kohen Gadol.

Who performs the Terumas ha'Deshen on Yom Kippur?

(a) TOSFOS (DH Mishum) explains that the Kohen Gadol must perform the Terumas ha'Deshen on Yom Kippur, as the Gemara here implies. Since the Kohen Gadol must perform all of the Avodos of Yom Kippur, he may perform the Terumas ha'Deshen earlier than usual so that he may rest after the Terumas ha'Deshen before he begins the Avodos of the day. (With regard to why the Mishnah in Yoma discusses the Payis done for the Terumas ha'Deshen, see Insights to Yoma 22:1.)

This also seems to be the understanding of RASHI (DH b'Yom) and the BA'AL HA'ME'OR (Yoma 20b).

(b) TOSFOS (in the name of the RIVA) and the RAMBAM (Hilchos Avodas Yom ha'Kipurim 4:1) understand that although all of the Avodos of the day must be performed only by the Kohen Gadol, Avodos of the night may be performed by any Kohen. Therefore, a Payis is necessary to choose a Kohen for the Terumas ha'Deshen, an Avodah performed before daybreak.

Why, then, does the Gemara explain that the Terumas ha'Deshen of Yom Kippur is performed early because of the weakness of the "Kohen Gadol"? The Riva asserts that the text of the Gemara is in error and should read, "because of the weakness of the Kohen," instead of, "because of the weakness of the Kohen Gadol." The Kohen should perform the Terumas ha'Deshen as early as possible because of the difficulty of the fast.

The Rishonim (TOSFOS RID to 29a and others) cite proof for this explanation from the Mishnah and Gemara in Yoma. The Mishnah in Yoma (28a) lists all of the acts of Tevilah and Kidush Yadayim v'Raglayim that the Kohen Gadol must do before each set of Avodos. It does not list a separate act of Tevilah and Kidush Yadayim v'Raglayim that must be done before the Terumas ha'Deshen. This implies that the Kohen Gadol does not have to perform the Terumas ha'Deshen. Similarly, the Gemara in Yoma (29a) states that "when the watchman announced the break of dawn, the Kohen Gadol would be taken to perform his Tevilah." This implies that before dawn of Yom Kippur the Kohen Gadol was not required to serve in the Beis ha'Mikdash.

Additional proof is cited from the words of one of the Piyutim recited on Yom Kippur, which mentions that a lottery would be performed in order to choose a Kohen to perform the Terumas ha'Deshen on Yom Kippur. Obviously, if the Kohen Gadol must perform the Terumas ha'Deshen, there is no need for a lottery.

The TOSFOS YESHANIM, who maintains that the Kohen Gadol must perform the Terumas ha'Deshen, refutes this proof. When the Mishnah in Yoma (28a) and the Gemara there (29a) discuss the acts of Tevilah of the Kohen Gadol, they refer only to those which are done during the day, and not to those which are done at night.

However, the RAMBAN (in Milchamos) rejects this argument and upholds the proof from the Gemara in Yoma. He explains that the Kohen Gadol either must do every Avodah on Yom Kippur only during the day (in which case he does not have to do the Terumas ha'Deshen, which is done at night), or he must also do the Avodos which are done at night (including the Terumas ha'Deshen), in which case the Mishnah in Yoma indeed should list an additional act of Tevilah and Kidush Yadayim v'Raglayim.

(c) A third opinion is mentioned by Tosfos here in the name of his teacher. (Tosfos in Yoma (21a) quotes the same explanation in the name of the RI.) He explains that the text of the Gemara is correct, and so is the opinion of the Riva, that an ordinary Kohen may perform the Terumas ha'Deshen. When the Gemara here says that the Terumas ha'Deshen of Yom Kippur is performed earlier because of the weakness of the Kohen Gadol, it means that the ordinary Kohanim perform the work of the Terumas ha'Deshen earlier in order to ensure that the Kohen Gadol will be able to start his Avodah early in the morning, before he becomes weak.

This is also the opinion of the RAMBAN (in Milchamos), who also quotes this opinion in the name of the RAMBAM. (See also Insights to Yoma 20:2.) (Y. MONTROSE, Y. SHAW)

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