ZEVACHIM 114 - Dedicated by Mrs. G. Kornfeld in honor of the Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

1)

(a)We learned in our Mishnah that Rove'a, Nirva ... are precluded from Ha'ala'as Chutz from "Lehakriv Korban lifnei Mishkan Hash-m", and we ask why the Tana does not learn it from "ve'el Pesach Ohel Mo'ed Lo Hevi'o" (like it did the previous group ['Paras Chatas ... ']). What difference does it make whether we learn it from the one or from the other?

(b)How do we answer the Kashya with regard to Rove'a and Nirva?

(c)Why initially, do we not accept this answer with regard to Muktzah and Ne'evad?

1)

(a)We learned in our Mishnah that Rove'a, Nirva ... are precluded from Ha'ala'as Chutz from "Lehakriv Korban lifnei Mishkan Hash-m", and we ask why the Tana does not learn it from "ve'el Pesach Ohel Mo'ed Lo Hevi'o" (like it did the previous group [Paras Chatas ... ]) - which precedes the former chronologically (it has to be brought to the Ohel Mo'ed before it can be sacrificed).

(b)We answer the Kashya with regard to Rove'a and Nirva - by establishing the case where the animal became a Rove'a or a Nirva only after it was declared Hekdesh (in which case it was already fit to be brought to the entrance of the Ohel Mo'ed and subject to Shechutei Chutz on the one hand, but not to bring as a Korban, on the other).

(c)Initially, we do not accept this answer with regard to Muktzah and Ne'evad - because Hekdesh is no longer the personal property of the owner, and we have a principle Ein Adam Oser Davar she'Eino she'lo (a person cannot render forbidden something that does not belong to him).

2)

(a)We circumvent this problem however, by quoting Rebbi Yossi ha'Gelili. What does Rebbi Yossi ha'Gelili say about Kodshim Kalim?

(b)Rebbi Yossi ha'Gelili is referring to a case where, after denying under oath, having Shimon's animal in his possession, Reuven admits that he swore falsely, for which he is then Chayav an Asham Gezeilos. What does he now Darshen from the word "ba'Hashem" (in the Pasuk in Vayikra "Vekichesh ba'Amiso, u'Ma'al ba'Hashem")?

(c)How does this solve our problem regarding Muktzah and Ne'evad?

2)

(a)We circumvent this problem however, by quoting Rebbi Yossi ha'Gelili, who says that - Kodshim Kalim are considered the property of the original owner ...

(b)... with reference to a case where, after denying under oath having Shimon's animal in his possession, Reuven admits that he swore falsely, for which he is then Chayav an Asham Gezeilos. Rebbi Yossi ha'Gelili now Darshens from the word "ba'Hashem" (in the Pasuk in Vayikra "Vekichesh ba'Amiso, u'Ma'al ba'Hashem") that - he has to swear even in a case where Hash-m has stakes in the animal (Kodshim Kalim), because Shimon is still considered the owner.

(c)Consequently - we can now establish the case with regard to Muktzah and Ne'evad too, where the owner rendered the animal Asur only after declaring it Hekdesh (in which case it was already fit to be brought to the entrance of the Ohel Mo'ed, but is now precluded from Shechutei Chutz from the Pasuk "Lehakriv Korban ... ").

3)

(a)It is clear why the above answer to our initial Kashya (that the animal only became disqualified after being declared Hekdesh), does not apply to a Kil'ayim or to a Yotzei Dofen. But why can we not answer Esnan and M'chir in this way?

(b)So how do we answer the Kashya with regard to all four cases?

(c)If Esnan and M'chir cannot take effect on the mother, how can it take effect on the fetus?

3)

(a)It is clear why the above answer to our initial Kashya (that the animal only became disqualified after being declared Hekdesh, does not apply to a Kil'ayim or to a Yotzei Dofen). Neither can we answer Esnan and Mechir in this way - because Esnan and M'chir cannot take effect on an animal of Hekdesh (even Kodshim Kalim according to Rebbi Yossi ha'Gelili) ...

(b)... and we answer the Kashya with regard to all four cases - by establishing them by a fetus of a Kodshim animal that was given as an Esnan or M'chir, or that was itself a Kil'ayim or a Yotzei Dofen.

(c)Even though Esnan and M'chir cannot take effect on the mother, it can take effect on the fetus - because of the principle V'ladei Kodshim be'Havayasan hein Kedoshim (the baby of a Kodshim animal only becomes Hekdesh after it is born).

4)

(a)Having taught us the Machlokes between the Tana Kama and Rebbi Shimon (regarding Mechusar Z'man) by ...

1. ... Ba'alei-Mumin Ovrin, why does the Tana see fit to present it again in the case of young Torin?

2. ... young Torin, why does the Tana see fit to present it again in the case of Ba'alei-Mumin Ovrin?

3. ... Ba'alei-Mumin Ovrin and young Torin, why does the Tana see fit to present it again in the case of Oso ve'es B'no?

4)

(a)In spite of having taught us the Machlokes between the Tana Kama and Rebbi Shimon (regarding Mechusar Z'man) by ...

1. ... Ba'alei-Mumin Ovrin, the Tana nevertheless sees fit to present it again in the case of young Torin - because since, unlike the former, there is nothing disgusting (in the eyes of Hash-m) with regard to the latter, we may have thought that the Tana Kama will concede to Rebbi Shimon that they are subject to Shechutei Chutz.

2. ... young Torin, the Tana sees fit to present it again in the case of Ba'alei-Mumin Ovrin - because, since (unlike young Torin) they were originally fit and became rejected, we may have thought that Rebbi Shimon will concede to the Tana Kama that they are not included in Shechutei Chutz.

3. ... Ba'alei-Mumin Ovrin and young Torin, the Tana sees fit to present it again in the case of Oso ve'es B'no - because, since the latter is not an intrinsic P'sul, we may have thought that the Rabbanan will concede to Rebbi Shimon that Shechutei Chutz will apply to them.

5)

(a)According to Rebbi Ila'a Amar Resh Lakish, Rebbi Shimon's source is the Pasuk in Re'ei "Lo Sa'asun" (in connection with their arrival in Eretz Yisrael). What do we learn from the Pasuk ...

1. ... "Lo Sa'asun ke'Chol asher Anachnu Osin Poh ha'Yom ... "?

2. ... "Ish Kol ha'Yashar be'Einav"?

3. ... "Ki La Ba'sem ad Atah el ha'Menuchah"?

(b)Rebbi Shimon extrapolates from there that Mechusar Z'man ba'Chutz is subject to a La'av. What makes us think that, based on this source, one ought to be Chayav for Mechusar Z'man bi'Fenim, too?

(c)Based on this explanation, Rebbi Yirmiyah queried Rebbi Zeira on his statement in Chulin (regarding Oso ve'es B'no). What did he say about receiving a second set of Malkos for the La'av of 'Oso ve'es B'no' (for Mechusar Z'man bi'Fenim)?

(d)What did Rebbi Zeira reply?

5)

(a)According to Rebbi Ila'a, Rebbi Shimon's source is the Pasuk in Re'ei "Lo Sa'asun" (in connection with their arrival in Eretz Yisrael). We learn from ...

1. ... "Lo Sa'asun ke'Chol asher Anachnu Osin Poh ha'Yom ... " that - once they arrived in Eretz Yisrael (Gilgal), they would no longer be permitted to bring all the Korbanos that they were currently bringing in the Mishkan.

2. ... "Ish Kol ha'Yashar be'Einav" that - they would only be permitted to bring Nedarim and Nedavos.

3. ... "Ki La Ba'sem ad Atah el ha'Menuchah" that - this situation would only last (for fourteen years) until they built the Mishkan in Shiloh, when it would revert to what it was in the Mishkan in the Desert.

(b)Rebbi Shimon extrapolates from there that Mechusar Z'man ba'Chutz is subject to a La'av. We think that, based on this source, one ought to be Chayav for Mechusar Z'man bi'Fenim, too - because, since Moshe's Mishkan was still standing, Gilgal had a Din of Mishkan, inasmuch as it was considered P'nim.

(c)Based on this explanation, Rebbi Yirmiyah queried Rebbi Zeira on his statement in Chulin that - there is no second set of Malkos for the La'av of Oso ve'es B'no (for Mechusar Z'man bi'Fenim).

(d)To which Rebbi Zeira replied that - Rebbi Ila'a was explaining Rebbi Shimon, whereas in the Sugya in Chulin, he was going according to the Rabbanan.

114b--------------------114b

6)

(a)Why, according to Rav Nachman bar Yitzchak, is Gilgal not considered Mechusar Z'man?

(b)Rabah disagrees with Rebbi Ila'a (who cited Rebbi Shimon's source as "Lo Sa'asun"). He cites a Beraisa where Rebbi Shimon Darshens the words "be'Achad She'arecha" (in the Pasuk in Re'ei [in connection with Shechutei Chutz] "Lo Suchal Lizbo'ach es ha'Pasach"). What does Rebbi Shimon learn from there?

(c)What do we think Rabah means when he says during the era of Isur Bamos'?

(d)What problem do we have with then establishing the Pasuk after Chatzos?

6)

(a)Rav Nachman bar Yitzchak explains that Gilgal cannot be considered Mechusar Z'man - because, in spite of the fact that the Mishkan was still standing, the P'nim of Gilgal is considered Chutz as compared to Shiloh (in which case, it cannot be considered Mechusar Z'man, and was not therefore subject to Malkos).

(b)Rabah disagrees with Rebbi Ila'a (who cited Rebbi Shimon's source as "Lo Sa'asun"). He cites a Beraisa where Rebbi Shimon Darshens the words "be'Achad She'arecha" (in the Pasuk in Re'ei [in connection with Shechutei Chutz] "Lo Suchal Lizbo'ach es ha'Pasach") - from which he learns that the La'av only applies when everyone brings their Korbanos through one gate (during the era of Isur Bamos) ...

(c)... by which we think he means in the time of the Mishkan in the Desert and in Shiloh, and when the Beis-ha'Mikdash stood).

(d)The problem with then establishing the Pasuk after Chatzos is that - if we are talking about the era of Isur Bamos, when the Pesach is Kasher bi'Fenim, then someone who brings the Pesach ba'Chutz is even Chatav Kareis, and not just a La'av?).

7)

(a)In that case, it must be speaking before Chatzos. What does Rabah prove with this?

(b)We refute Rabah's explanation however, by establishing the La'av by Sha'as Heter Bamos. What problem do we have with that?

(c)And we answer Isur Bamah Lo, Heter Bamah la'Chavero. What does this mean?

(d)Bearing in mind that a Pesach before Chatzos is a Shelamim, what is the Beraisa now coming to teach us?

7)

(a)In that case, Rabah concludes, it must be speaking before Chatzos - a proof that Mechusar Z'man is subject to a La'av, according to Rebbi Shimon.

(b)We refute Rabah's explanation however, by establishing the La'av by Sha'as Heter Bamos. The problem with this is that - the Beraisa specifically established the case by Sha'as Isur Bamos.

(c)And we answer Isur Bamah lo, Heter Bamah la'Chavero - it is a Z'man Isur Bamos as far as the Pesach is concerned, but Heter Bamos with regard to an Olah or a Shelamim.

(d)Bearing in mind that a Pesach before Chatzos is a Shelamim, the Beraisa is now coming to teach us that - the La'av of "Lo Suchal Lizbo'ach es ha'Pesach" only pertains to Shechting it in the afternoon, when it is a Korban Pesach, but not in the morning, when it is a Shelamim, and permitted on a Bamah. Note, now that Rebbi Shimon is referring to the era of Heter Bamos, his D'rashah from "be'Achad She'arecha" refers to a Bamas Tzibur, where they brought the Korban Pesach.

8)

(a)We learned in our Mishnah that a Zav, Zavah or Yoledes who bring their Chatas or Asham ba'Chutz, is Patur. How does Ze'iri amend the Mishnah to answer the Kashya, that none of these bring an Asham?

(b)And how does Rav Sheishes amend our Mishnah further to answer the Kashya on the Seifa (obligating them if they bring their Olah or Shelamim), that none of them bring a Shelamim either?

(c)What is the significance of the statement that, whereas Ze'iri's amendment was made by Tana'im, that of Rav Sheishes was not?

8)

(a)We learned in our Mishnah that a Zav, Zavah or Yoledes who bring their Chatas or Asham ba'Chutz, are Patur. To answer the Kashya, that none of these bring an Asham, Ze'iri amends our Mishnah - to include a Metzora (who does).

(b)Whilst Rav Sheishes, to answer the Kashya on the Seifa (obligating them if they bring their Olah or Shelamim), that none of them bring a Shelamim either, amends our Mishnah - to incorporate a Nazir, who does.

(c)The statement that whereas Ze'iri's amendment was made by Tana'im, that of Rav Sheishes was not - is of no consequence, since, whether the Tana'im inserted it or not, it needs to be inserted, to rectify the error.

9)

(a)According to Rebbi Chilkiyah bar Tuvi, the P'tur ba'Chutz (which the Tana writes with regard to Chatas and Asham) is confined to where the Shechitah ba'Chutz was performed li'Shemo, but if it was performed she'Lo li'Shemo, the Shochet is Chayav. Why is that?

(b)What does li'Shemo incorporate?

(c)To which Korban is Rebbi Chilkiyah bar Tuvi referring?

(d)Why can we not then apply this with regard to li'Shemo, and that he is Chayav, since it is fit to sacrifice bi'Fenim she'Lo li'Shemo?

9)

(a)According to Rebbi Chilkiyah bar Tuvi, the P'tur ba'Chutz (which the Tana writes with regard to Chatas and Asham) is confined to where the Shechitah ba'Chutz was performed li'Shemo, but if it was performed she'Lo li'Shemo, the Shochet is Chayav - because it is then fit to be brought bi'Fenim in that state.

(b)li'Shemo incorporates - S'tam.

(c)Based on the principle Kol ha'Zevachim she'Nizb'chu she'Lo li'Sheman, Kesheirim, Chutz min ha'Pesach ve'ha'Chatas - Rebbi Chilkiyah bar Tuvi is referring to the Asham exclusively (but not to the Chatas).

(d)We cannot however, apply the same with regard to li'Shemo, and that he is Chayav, since it is fit to sacrifice bi'Fenim she'Lo li'Shemo - because it lacks Akirah (changing its identity, and as long as that has not been done, it is not considered fit to be brought bi'Fenim).

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