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ZEVACHIM 98
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1) THE BONES OF A KORBAN
OPINIONS: The Gemara records a Hekesh which teaches that just as the bones of a Korban Asham are permitted, the bones of all Korbanos are permitted. RASHI (DH Mah Asham) explains that the Gemara means that the bones of Korbanos may be used to make Kelim (vessels). How is this derived from the Korban Asham?

(a) Rashi writes that he heard (from his teachers) that the Gemara derives that bones of Korbanos are permitted from the fact that an Asham is eaten, and its bones do not have the status of Nosar since they are not food. Therefore, they may be made into Kelim. A Hekesh teaches that this Halachah applies not only to a Korban Asham but to all Korbanos, even a Korban Olah.

Rashi (DH Af Kol) has difficulty with the approach of his teachers. If the basis of the Hekesh is that an Asham is allowed to be eaten, and its bones which do not have a status of Nosar must be permitted for long term use, then the same Hekesh may be made from a Korban Chatas! Why does the Gemara imply that the source of this law is specifically the Hekesh from a Korban Asham? TOSFOS (DH Mah Asham) similarly asks that this Hekesh may be learn from any Korban which is eaten, such as a Shelamim. (It is probable that Rashi agrees with Tosfos' statement that this Hekesh may be learned from any Korban which is eaten. Perhaps the reason why Rashi gives the specific example of a Chatas is so that there will be a Kal va'Chomer as well. If the bones of a Chatas are permitted, then certainly the bones of all other, less-stringent Korbanos are permitted.)

(b) Rashi gives a different explanation and says that the source of the Hekesh is an extra verse written in the Parshah of the Korban Asham, "Lo Yiheyeh" -- "to him it will be" (Vayikra 7:7). This teaches that the bones of an Asham may be used to make Kelim. The Hekesh extends this teaching to all other Korbanos. Without the Hekesh, one would have assumed that all of the bones of Korbanos are not permitted to be used.

Tosfos apparently agrees with Rashi, because he expresses this idea as an additional question on the teachers of Rashi. The Gemara earlier (86a) records a Gezeirah Shavah between Asham and Olah based on the words "Lo Yiheyeh." This Gezeirah Shavah teaches that just as the bones of an Asham are permitted, the bones of an Olah are permitted. According to the teachers of Rashi, why is a Gezeirah Shavah necessary? The Hekesh should suffice to teach that this law applies to all Korbanos, even to an Olah.

Tosfos answers both questions on the teachers of Rashi. They understand that this law is derived from the Korban Asham because there already exists a similar type of teaching from every other Korban. For example, the law of Pigul for all other Korbanos is derived from the Korban Shelamim. The teachers of Rashi understand that only one such teaching may be learned from each Korban. The only Korban left to teach that the bones of a Korban Olah are permitted is an Asham. Why does the Gemara earlier seem to derive this law from a Gezeirah Shavah? The Gemara earlier follows the opinion that the bones of Korbanos would be forbidden if not for the verse of "Lo Yiheyeh," which teaches that the bones of an Asham and Olah are permitted. According to that opinion, the Hekesh of the Gemara here is necessary to teach that the bones of all Korbanos are permitted. (Y. Montrose)


98b----------------------------------------98b

2) MUST A "MECHUSAR KIPURIM" WAIT UNTIL NIGHTFALL TO EAT "KODSHIM"?
QUESTION: The Mishnah states that a Tevul Yom (one who immersed in a Mikvah but must wait until nightfall to be considered fully Tahor) and a Mechusar Kipurim (one who must bring a Korban as part of his purification process in order to be considered fully Tahor) may not take part in the allotment of the meat of Korbanos during the day in order to eat the meat at night. TOSFOS (DH Tevul Yom) points out that the Mishnah, which states that both a Tevul Yom and a Mechusar Kipurim must wait until nightfall, implies that a Mechusar Kipurim not only must bring his required Korban before he is considered fully Tahor, but he also must wait until nightfall until he may eat Kodshim. This is also implied by the Gemara in Eruvin (32a), which says that after a woman (who became Tamei as a Yoledes or a Zavah) places money in the collection box in the Beis ha'Mikdash designated for the purchase of bird-offerings, she immerses in a Mikvah and may eat Kodshim at night.

However, the Mishnah in Chagigah (21a) states that an Onen and a Mechusar Kipurim need Tevilah in order to eat Kodshim, and it does not mention that they also must wait until nightfall. Tosfos cites many other places where the Gemara implies that a Mechusar Kipurim needs only to bring his Korban and immerse in a Mikvah, and he does not need to wait until nightfall, in order to eat Kodshim. How are these opposing sources to be reconciled?

ANSWER: TOSFOS concludes that a Mechusar Kipurim does not need to wait until nightfall in order to eat Kodshim. Why, then, does the Mishnah say that he must wait until nightfall? When the Mishnah says that he must wait until nightfall, it refers only to a Tevul Yom. The Gemara in Eruvin (32a), which discusses the purification process of a Yoledes and Zavah, gives a different reason for why she must wait until nightfall. Since the woman merely placed money in the box for her Korbanos and did not actually see the Korban being offered, she cannot know for certain that the Korban was offered -- until nightfall. Once nightfall arrives, she may assume that the Korban was brought during the day, since the Kohanim diligently ensure that no money of Korbanos is left over on any day. Moreover, although most Korbanos are not offered after the afternoon Tamid, and thus one might think that the woman may eat immediately after the beginning of the Avodah of the afternoon Tamid (since she may assume that her Korban was offered already), the Korban of a Yoledes or Zavah is different and may be offered after the afternoon Tamid. This is why the woman must wait until nightfall. If she actually saw that her Korban was offered, she indeed may eat Kodshim immediately after her Tevilah.

RASHI (DH Ein Cholkin) seems to have a different understanding. In his comments on the Mishnah's statement that a Tevul Yom and Mechusar Kipurim must wait until nightfall to eat Kodshim, Rashi says "when they will become Tahor" ("l'ch'she'Yitaharu"). Rashi's usage of the plural "they" implies that he understands that the Mishnah means that a Mechusar Kipurim also must wait until nightfall to become Tahor.

However, the SEFER EIZEHU MEKOMAN explains that Rashi means merely that each one may eat when he becomes Tahor -- a Tevul Yom at nightfall, and a Mechusar Kipurim after he brings his Korban. This clearly is the intention of Rashi in light what Rashi writes later (99b, DH u'Reminhu). Rashi writes explicitly that a Mechusar Kipurim does not need to wait until nightfall.

It is also possible that Rashi applies the logic which Tosfos uses to explain the Gemara in Eruvin (32a), that if one places money in one of the boxes for his Korban, only at the arrival of nightfall may he assume that the Kohanim offered his Korban. (Y. Montrose)

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