ZEVACHIM 36 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

1)

OTHER IMPROPER INTENTS

(a)

(Mishnah - R. Yehudah): If one slaughtered a Korban with intent to leave the blood or Eimurim for the morrow, or to take them outside (the Azarah), it is Pasul;

(b)

Chachamim are Machshir.

(c)

The only intents that disqualify are Chutz li'Zmano, Chutz li'Mkomo, and in a Chatas or Pesach, Lo Lishmah. Therefore, in the following cases, the Korban is Kosher;

1.

He intended to do Zerikah in the wrong part of the Mizbe'ach, i.e. on the ramp, not above the Yesod, to put on top (of the Mizbe'ach) blood that should be put on bottom, or vice-versa, or to put blood that must be put on the outer Mizbe'ach on the inner Mizbe'ach, or vice-versa;

2.

He intended that Teme'im or Arelim will eat it or offer it (e.g. do Zerikah);

3.

He intended to break bones of a Korban Pesach or to eat it raw;

4.

He intended to mix its blood with blood of Pasul Korbanos.

(d)

(Gemara) Question: What is R. Yehudah's reason?

(e)

Answer #1 (R. Elazar): It says "v'Lo Sosiru Mimenu Ad Boker (our text; the verse discusses Korban Pesach. Shitah Mekubetzes - "Lo Sosiru Mimenu" (Vayikra 22:30, regarding Todah; this answers Tosfos' question));

1.

It also says (regarding Todah) "Lo Yani'ach Mimenu Ad Boker"

2.

Since we do not need two verses to forbid leaving the meat until morning, one teaches about intent to leave it until morning.

(f)

Question: The verse teaches something else!

1.

(Beraisa): "U'Vesar Zevach Todas Shelamav (... Lo Yani'ach)" teaches that Todah may be eaten (only) one day and one night;

2.

Question: What is the source regarding Chalifav (an animal Hukdash in place of a lost Todah, and then the lost Todah was found), offspring of a Todah, and Temuras Todah?

3.

Answer: "U'Vesar" is extra to include these.

4.

Question: What is the source for Chatas and Asham?

5.

Answer: "Zevach" teaches these.

6.

Question: What is the source for the Shelamim of a Nazir or Shalmei Pesach (Rashi - a Shelamim brought on Erev Pesach, for satiation before eating the Pesach; Tosfos - a Pesach that was not offered on Pesach)?

7.

Answer: "Shelamav" teaches these.

8.

Question: What is the source to include the breads brought with a Todah or with Shalmei Nazir?

9.

Answer: "Korbano" includes these;

10.

Summation of question: "Lo Yani'ach" applies to all of these. It cannot teach about intent to leave until morning!

(g)

Answer: It could have said "Lo Sosiru", like the other verse;

1.

Since here it says (differently) "Lo Yani'ach", we expound this to teach also about intent to leave until morning.

(h)

Objection #1: This is a source for intent to leave over. It does not teach about intent to take (the blood or Eimurim) outside!

(i)

Objection #2: R. Yehudah learns from reasoning, and not from a verse!

1.

(Beraisa - R. Yehudah (to Chachamim)): You agree that if he left them until morning, it is Pasul. Likewise, you should agree that intent to leave disqualifies!

(j)

Answer #2: R. Yehudah learns from (the above) reasoning.

(k)

Question: He should argue also about the other cases (intent for Zerikah in the wrong place...)!

(l)

Answer: His reasoning does not apply to any other case!

1.

Question: In which other case should R. Yehudah say that bad intent disqualifies?

2.

Answer #1: He intended to break the bones of a Korban Pesach, or to eat it raw.

3.

Rejection: Even if the intent was carried out, the Korban is Kosher!

4.

Answer #2: He intended that Teme'im or Arelim will eat or offer it.

5.

Version #1 - Rejection: Even if they did, the Korban is Kosher!

6.

Version #2 - Rejection: Surely, they will not agree to transgress, so his intent is meaningless!

7.

Answer #3: He intended to mix its blood with blood of Pasul Korbanos.

8.

Rejection: R. Yehudah holds that blood does not Mevatel blood (so even mixing would not invalidate it)!

9.

Answer #4: He intended to put blood (that should be put above) below, or vice-versa.

10.

Rejection: R. Yehudah holds that this is like putting in the right place (it does not disqualify)!

11.

Answer #5: He intended to put the blood on the wrong Mizbe'ach.

12.

Rejection: R. Yehudah holds that intent disqualifies only if it is for a Meshulash place (Rashi - it is Kosher to offer blood, Eimurim and meat, i.e. outside the Mikdash, when Bamos were permitted; Tosfos - a place where all three of these are disqualified (for this Korban).)

13.

Question: R. Yehudah does not hold like this!

i.

(Beraisa - R. Yehudah): "(Mum Kol) Davar Ra" teaches that if a Chatas was slaughtered in the south, or if its blood was brought into the Heichal (really, it was slaughtered with intent to enter its blood), it is Pasul.

ii.

This shows that R. Yehudah does not require a place that is Meshulash!

(m)

Contradiction (Mishnah - R. Yehudah): If the blood was brought into the Heichal b'Shogeg, it is Kosher;

1.

Inference: If he brought it in b'Mezid, it is Pasul!

2.

We established that this is when he threw it on the inner Mizbe'ach.

3.

Summation of question: R. Yehudah does not disqualify for bringing the blood into the Heichal, unless he did Zerikah. All the more so he does not disqualify for intent to bring it in! (This is unlike the Beraisa.)

(n)

Answer: Tana'im argue about R. Yehudah's opinion.

(o)

Question: The Beraisa said that R. Yehudah disqualifies Kodshei Kodoshim slaughtered in the south. If so, one who does this should be lashed!

36b----------------------------------------36b

1.

(Beraisa - R. Yehudah) Suggestion: One who slaughters in the south should be liable!

2.

Rejection: "Lo Sizbach... Kol Davar Ra" - one is liable only for visible Mumim, but not for slaughtering in the south.

(p)

Answer: Tana'im argue about R. Yehudah's opinion.

2)

IMPROPER INTENTS

(a)

(R. Aba): Even though R. Yehudah said that intent to leave over disqualifies, he agrees that if a later Avodah was done with intent Chutz li'Zmano, the Korban is Pigul. (Normally, if there is any other Pesul, the Korban is only Pasul. Here, the other Pesul is the beginning of Pigul!)

(b)

Support (Rava): Pigul (immediately disqualifies a Korban, but Kares) does not apply until Zerikah (when all other stages of Hakravah were finished properly), nevertheless Zerikah makes it Pigul!

(c)

Rejection: We cannot learn from there (where there was only one Pasul intent) to a case of two Pasul intents.

(d)

Question (Rav Huna - Beraisa): If Shechitah or Kabalah was done (by someone Kosher) with intent to put, on the same day, blood that should be put on top on bottom, or vice-versa; it is Kosher;

1.

If in a later Avodah he intended to eat the meat Chutz li'Mkomo, it is Pasul, and there is no Kares;

2.

If he intended Chutz li'Zmano, it is Pigul, and there is Kares.

3.

If Shechitah or Kabalah was done with intent to put the next day blood in the wrong place (top on bottom); it is Pasul;

i.

If in a later Avodah he intended to eat the meat or burn the Eimurim Chutz li'Zmano or Chutz li'Mkomo, it is Pasul, and there is no Kares.

(e)

This refutes R. Aba.

(f)

(Rav Chisda): If one intended for Teme'im to eat it the next day, he is liable.

(g)

Support (Rava): Pigul takes effect before Zerikah, even though the meat is forbidden (until after Zerikah). This shows that Pigul takes effect even though something else forbids the meat!

(h)

Rejection: There, the meat would have been permitted if not for his intent;

1.

Kodshim are always forbidden to Teme'im, regardless of the intent.

(i)

(Rav Chisda): A Tamei is liable for eating meat of a Pesach that was not roasted, or Lachmei Todah from which Terumah (one loaf of each variety) was not taken (and given to Kohanim).

(j)

Support (Rava - Beraisa): "Asher la'Shem" includes Eimurim of Kodshim Kalim (if a Tamei eats them, he is liable).

1.

Here also, even though the Pesach or Lachmei Todah should not be eaten, a Tamei is liable for them!

(k)

Rejection: No. Eimurim of Kodshim Kalim are Kosher to burn on the Mizbe'ach, therefore a Tamei is liable for them;

1.

Pesach and Lachmei Todah may not be consumed, not by people nor by the Mizbe'ach, before roasting or taking Terumah!

PEREK BEIS SHAMAI

3)

HOW MANY TIMES BLOOD MUST BE PLACED ON THE MIZBE'ACH

(a)

(Mishnah - Beis Shamai): If the blood of any Korban (whose blood must be put on the outer Mizbe'ach) was put once on the outer Mizbe'ach, Kiper (the Korban is valid), except for Chatas, which must be put twice;

(b)

Beis Hillel say, once suffices even for Chatas.

(c)

Therefore, if the first putting of blood was proper, the Hakravah is finished and the Korban is Kosher (except for a Chatas according to Beis Shamai), even if blood is put again with improper intent (Chutz);

(d)

If the first was done with intent Chutz li'Zmano, the Korban is Pigul (and one who eats it is Chayav Kares) even if blood is put again with intent Chutz li'Mkomo;

(e)

A Korban whose blood must be put on the inner Mizbe'ach is not valid until all the Zerikos are done;

1.

Therefore, if all the Zerikos were proper, except for one that was (with intent) Chutz, it is Pasul without Kares. (The Tana holds that Pigul applies only when an entire Avodah was done with intent Chutz li'Zmano. This excludes one Zerikah, which does not permit by itself.)

(f)

(Gemara - Beraisa #1) Question: What is the source that one Zerikah on the outer Mizbe'ach is Mechaper?

(g)

Answer: "V'Dam Zevachecha Yishafech" connotes one putting.

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