POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) THE "AZHARAH" FOR "SHECHITAH" AND "HA'ALAH BA'CHUTZ"
(a) Answer #3 (to Question 3:a 106a - R. Yochanan): We learn the Azharah for Shechutei Chutz from a Gezerah Shavah "Hava'ah-Hava'ah" from Ha'alas Chutz:
1. Just like there the Torah did not give an Onesh of Kares without an Azharah, also here (Shechutei Chutz.)
(b) Answer #4 (Rava citing R. Yonah): We learn from a Hekesh to Ha'alas Chutz:
1. It says "Sham Ta'aleh Olosecha v'Sham Ta'aseh" (Devarim 12:14) - just like there the Torah did not give an Onesh of Kares without an Azharah, also here.
(c) Question: We brought a Lav for Ha'alas Chutz of Korbanos that (were slaughtered inside the Mikdash, hence) could have been offered inside and were offered outside;
1. What is the Lav for Korbanos that were slaughtered (outside, in order) to be offered outside, and were offered outside?
(d) Answer #1 (Rav Kahana): We read "va'Aleihem Tomar..." (at the beginning of the Parshah of Ha'alas Chutz) as if it were written va'Aleihem with an Ayin (in addition to them), i.e. it is a continuation of the previous Parshah, which discusses Shechutei Chutz.
(e) Objection (Rabah): "Va'Aleihem" is written (Shitah Mekubetzes - and read) with an Aleph (tell to them, i.e. Bnei Yisrael). It is not a continuation of the previous Parshah!
(f) Answer #2: We learn like Tana d'Vei R. Yishmael;
1. (Beraisa - Tana d'Vei R. Yishmael): "Va'Aleihem Tomar..." - the 'Vov' connects the Parshiyos (the latter is a continuation of the former.)
(g) Answer #3 (R. Yochanan): We learn from a Gezerah Shavah "Hava'ah-Hava'ah" from Shechutei Chutz, that the Lav of Ha'alas Chutz applies also to Korbanos slaughtered outside.
(h) Objection (to all these answers - Rav Bivi - Mishnah): There are 36 Chayavei Kerisus. (If all were done in one Helam (forgetting), one is liable for all of them);
1. If we learn from a Hekesh or Gezerah Shavah, this is like a second Lav. The two cases of Ha'alas Chutz should be counted separately (for one is liable for each of them), making 37 in all!
2. This is left difficult.
2) THE "CHIYUV" FOR "ZERIKAH"
(a) (Mishnah): One who throws some of the blood outside is liable.
(b) Question: What is the source of this?
(c) Answers (Beraisa - R. Yishmael): "Dam Yechashev (...Dam Shofach)" includes ha'Zorek;
1. R. Akiva says, "Oh Zovach" includes ha'Zorek.
2. Question: What does R. Yishmael learn from "(Olah) Oh Zovach"?
3. Answer: The Torah had to say "Oh (or)." Had it connected them with a 'Vov', one might have thought that one is not liable unless he slaughters two Korbanos outside, a bird and an animal.
4. R. Akiva holds that "Lo Yevi'enu" (singular) obligates for one Shechitah.
5. R. Yishmael holds that that exempts for a Chaser (incomplete Korban or Haktarah).
6. R. Akiva learns this from "La'asos Oso."
7. R. Yishmael holds that these two exemptions are for Chaser, when the Shechitah was inside and when it was outside.
8. Support (Beraisa - R. Yishmael) Suggestion: If a Korban was slaughtered inside, perhaps one who is Ma'aleh b'Chutz is liable even if it is Chaser!
i. Rejection: "La'asos Oso" - one is liable for complete Ha'alah, but not for Chaser.
9. R. Akiva holds that if a Korban was slaughtered inside, one who is Ma'aleh b'Chutz is liable even if it is Chaser.
(d) Question: What does R. Akiva learn from "Dam Yechashev"?
(e) Answer: This includes Shechutei Chutz of birds.
1. R. Yishmael learns this from "Oh Asher Yishchat".
2. R. Akiva uses this to teach that one is liable for Shechitah, but not for Melikah b'Chutz.
3. R. Yishmael learns this from "Zeh ha'Davar";
i. (Beraisa) Question: What is the source to obligate for Shechutei Chutz of birds?
ii. Answer: We learn from "Oh Asher Yishchat."
iii. Suggestion: A Kal va'Chomer should teach that one is liable for Melikah b'Chutz! Birds are not offered inside through Shechitah, yet one is liable for it b'Chutz. Birds are offered inside through Melikah, all the more so one should be for it b'Chutz!
iv. Rejection: It says "Zeh ha'Davar" (this (Shechitah) is the only way one is liable.)
4. R. Akiva uses "Zeh ha'Davar" for a Gezerah Shavah.
(f) (Mishnah (112b)): If one did Kemitzah or Kabalah b'Chutz, he is exempt.
(g) Question: What is the source of this?
1. Question: Why would we think that he is liable?
2. Answer #1: We learn from Shechitah.
3. Rejection: We cannot learn from Shechitah, for Shechitah of Pesach for the sake of people who cannot eat it is Pasul.
4. Answer #2: We learn from Zerikah.
5. Rejection: We cannot learn from Zerikah, for a Zar who does Zerikah is Chayav Misah. (A Zar is not Chayav for Kemitzah or Kabalah, since they are not final Avodos.)
6. Answer #1: We learn from a Tzad ha'Shavah of Shechitah and Zerikah.
7. Rejection: If we could learn Chiyuvim for Avodah b'Chutz in this way, the Torah would not have taught the Chiyuv for Zerikah, for we could learn from a Tzad ha'Shavah of Shechitah and Ha'alah:
i. Question: We should be able to learn (Zerikah) from Shechitah (alone)!
ii. Answer: We cannot learn from Shechitah, for Shechitah of Pesach for people who cannot eat it is Pasul.
iii. Question: We should be able to learn from Ha'alah!
iv. Answer: We cannot learn from Ha'alah, for it applies to a Minchah.
v. Question: We should be able to learn from the Tzad ha'Shavah of Shechitah and Ha'alah!
vi. Answer: Indeed, there is no refutation of the Tzad ha'Shavah. The fact that the Torah taught Zerikah anyway shows that we do not learn Chiyuvim for Avodah b'Chutz in this way.
(h) (R. Avahu): If someone slaughtered and threw (outside, b'Shogeg):
1. R. Yishmael is Mechayev one (Chatas, since he learns Zerikah from "Dam Yechashev", in the Parshah of Shechutei Chutz, it is as if he transgressed Shechutei Chutz twice), and R. Akiva is Mechayev two. (He learns Zerikah from "Oh Zevach" in the Parshah of Ha'alas Chutz. It is a different transgression);
(i) (Abaye): Even R. Akiva is Mechayev only one. "(Sham Ta'aleh Olosecha) v'Sham Ta'aseh" - the Torah considers all Avodos (other than Ha'alah) like one.
(j) (R. Avahu): If someone threw and was Ma'aleh:
1. R. Yishmael is Mechayev two (it is as if he slaughtered and Ha'alah), and R. Akiva is Mechayev one (it is as if he was Ma'aleh twice);
(k) (Abaye): Even R. Akiva is Mechayev two. "Sham Ta'aleh...v'Sham Ta'aseh", the Torah considers Ha'alah independently of all other Avodos.
(l) If someone slaughtered, threw and was Ma'aleh, all agree that he is liable two.
3) WHERE DOES THE "CHIYUV" APPLY?
(a) (Beraisa) Question: Perhaps "Oh Asher Yishchat mi'Chutz la'Machaneh" means outside of three Machanos (like it does regarding Parim ha'Nisrafim);
1. What is the source that one is liable even in Machaneh Levi?
2. Answer: We learn from "(Oh Ez - Shitah Mekubetzes deletes this) ba'Machaneh."
3. Suggestion: "Ba'Machaneh" suggests even in Machaneh Shechinah, i.e. an Olah slaughtered in Darom (the south half of the Azarah, for it must be slaughtered in Tzafon!)
4. Rejection: "Oh... mi'Chutz la'Machaneh" - one transgresses outside Machaneh Shechinah, for no Korban may be slaughtered there, but not in Darom, for Kodshim Kalim may be slaughtered there.
(b) (Ula): One who slaughters on the roof of the Heichal is liable, since no Korban may be slaughtered there.
(c) Objection (Rava): If so, the Torah should have said "mi'Chutz la'Machaneh", and it would not need to say "El Pesach Ohel Mo'ed";
1. Rather, "El Pesach Ohel Mo'ed (Lo Hevi'o)" excludes the roof of the Heichal (for the animal was brought to the Azarah)!
(d) Question: According to Rava, the Torah should have said just "El Pesach Ohel Mo'ed." There was no need to say "mi'Chutz la'Machaneh" and "ba'Machaneh";
1. Suggestion: "Ba'Machaneh" includes the roof of the Heichal (and "mi'Chutz la'Machaneh" excludes Darom.)
(e) Answer #1 (Rav Mari): No, it includes (Shechitah of) an animal totally in the Azarah except for its neck.
(f) Objection: The Isur is slaughtering outside. Shechitah is at the neck! (No extra verse is needed for this case.)
(g) Answer #2: Rather, it includes an animal outside the Azarah except for its neck.
4) "HA'ALAS CHUTZ" NOWADAYS
(a) (R. Yochanan): If one is Ma'aleh b'Chutz nowadays he is liable, because the first Kedushah (of Yerushalayim and the Beis ha'Mikdash) was permanent;
(b) (Reish Lakish): He is exempt. The first Kedushah was temporary. (It ended after the Churban.)
(c) Suggestion: Tana'im argue as R. Yochanan and Reish Lakish argue:
1. (Mishnah - R. Eliezer): I have a tradition that when building the Heichal and the walls of the Azaros, they set up curtains;
i. Those building the Heichal were outside the curtains (of the Heichal), and those building the Azaros were inside the curtains (of the Azaros).
2. R. Yehoshua: I have a tradition that we may bring Korbanos even though the Mikdash is not standing. Kodshei Kodoshim may be eaten (where the Azarah should be) even though there are no curtains. Kodshim Kalim and Ma'aser Sheni may be eaten (in Yerushalayim) even though the wall is not standing.
3. This is because Shlomo's Kedushah was permanent.
4. Suggestion: R. Eliezer argues. He holds that Shlomo's Kedushah ceased! (Therefore, curtains were needed in order to offer Korbanos until the building was finished.)
(d) Rejection (Ravina): Perhaps all agree that Shlomo's Kedushah was permanent. Each Tana said what he heard!
(e) Question: If so, why did they need curtains?
(f) Answer: The curtains were for modesty (to prevent workers from deriving pleasure through looking at the Heichal, and to prevent people from seeing the Azarah).
5) "CHIBUREI OLIM"
(a) (R. Yochanan): If one is Ma'aleh a k'Zayis of meat including a bone (there is less than a k'Zayis of meat), he is liable;
1. This is because Chiburei Olim (things connected to something offered on the Mizbe'ach) are considered like Olim;
(b) (Reish Lakish): He is exempt;
1. Chiburei Olim are not like Olim.