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ZEVACHIM 71

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(a) Our Mishnah rules that Zevachim that got mixed up with Chata'os ha'Meisos, even one in ten thousand (which will be explained in the Sugya) - must all die.
(b) Three of the Chata'os ha'Meisos are the baby of a Chatas, one whose owner dies, and a Temuras Chatas; the remaining two are - one whose owner brought another animal (because the original one got lost, but which has since been found) and one that is found to have a blemish.
(c) The Tana rules that Zevachim that got mixed up with another animal that is forbidden (but that is not Asur be'Hana'ah) - 'Yir'u ad she'Yista'avu ... ' (they should all graze until they obtain a Mum, and they are then sold, and the proceeds of the most expensive one is used to replace the Korban).
(d) 'Forbidden' in this case means - forbidden to be brought as a Korban.

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(a) An example of this category is an animal that raped or that was raped or that killed someone, yet it is not Chayav Sekilah (and therefore Asur be'Hana'ah) is - where was only one witness to the act (even if it was the owner himself).
(b) The reason why, in the last case, the animal is not put to death is - because a. putting to death an animal that 'sinned' is considered a fine, and b. on account of the principle 'Modeh bi'K'nas Patur' (someone who admits to a fine is Patur.
(c) All the animals cannot be sold to be brought as the same Korban that is mixed up among them - because even though the lack of witnesses does not prevent a Hedyot from benefiting from them, it does not prevent them from being forbidden to go on the Mizbe'ach (as we just explained).

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(a) "min ha'Beheimah", "min ha'Bakar" and "min ha'Tzon" come to preclude from the Mizbe'ach an animal that raped or that was raped, one that was designated for worship and one that was worshipped, respectfully, and the 'Vav' in "u'min ha'Tzon" - adds to the list an animal that killed a person.
(b) The case where the animal was designated for worship and one that was worshipped differs from an animal killed someone or that raped or that was raped - inasmuch as it speaks even where there are two witnesses.
(c) In addition to the above, the Tana lists another five animals which are forbidden to go on the Mizbe'ach, among them an Esnan Zonah ...
1. ... a 'M'chir Kelev' - (the animal that one receives in exchange for a dog, and ...
2. ... 'Kil'ayim' - (the cross between a he-goat and a ewe).
(d The last items on the list is a 'Yotzei Dofen' - (one that is born by means of a cesarean section).

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(a) If Korbanos get mixed up with ...
1. ... regular, unblemished Chulin - all the Chulin are sold as Korbanos (of the same kind as the one with which they got mixed up) and they are brought on the Mizbe'ach, each one in the name of its owner (even though it is not known which animal belongs to which owner).
2. ... Kodshim of the same kind, but belonging to different owners - then the same is done to them as in the previous case, only they are brought directly without necessitating their sale.
3. ... Kodshim of a different kind - must be allowed to graze ... ('Yir'u ad she'Yista'avu ... ' [as we learned earlier]).
4. ... a B'chor or with Ma'aser Beheimah - must graze until they become blemished, and are then eaten with the stringency of a B'chor. First however, the owner brings money to the value of the most expensive animal among them, on which he redeems whichever animal is the Korban, and he then uses that money to replace it.
(b) In the pre-last case - it is the owner who bears the loss of the excess costs, like he does in the last case.
(c) Besides the fact that Ma'aser and B'chor cannot be sold in order to redeem them, two other Chumros pertain to them. One of them is that the owner may not Shecht and sell them in the butchery (like one does with other Kodshim); the other - that one may not weigh the pieces that the owner sells.
(d) The reason for these Chumros is - because unlike other Kodshim, where the benefit goes to Hekdesh, it is the owner himself who benefits from the sale, and Chazal do not permit denigrating Kodshim unless it is for the benefit of Hekdesh.

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The two Korbanos that the Tana lists as being the only ones that cannot get mixed up are - a Chatas and an Asham (seeing as the former is a female animal, and the latter, a male).

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(a) Our Mishnah states 'Kol ha'Zevachim she'Nizb'chu ... Afilu Achas be'Ribu, Yamusu Kulan'. The problem with the word 'Afilu' is - the implication that the more Chata'os ha'Meisos the Zevachim get mixed up with, the bigger the Chidush, when in reality, it is all the more obvious that they become Bateil, and are therefore Asur.
(b) We therefore amend the Mishnah's statement to read - 'Kol ha'Zevachim she'Nis'arvu bahen Chata'os ha'Meisos ... Afilu Echad be'Ribu, Yamusu Kulan', which is certainly a Chidush (seeing as it the Zevachim which are now the majority, and it is the Chata'os ha'Meisos which ought to become Bateil..
(c) We learned in a Mishnah in Temurah 'Kol ha'Asurin Legabei Mizbe'ach Osrin be'Chol she'Hein, ha'Rove'a ve'ha'Nirva ... ' which means - that they forbid whatever they get mixed up with to go on the Mizbe'ach (exclusively, since the cases there do not involve Isurei Hana'ah).
(d) When Rav Kahana put this apparent repetition to Rav Shimi bar Ashi, the latter explained that, despite having taught us this Halachah ...
1. ... there, the Tana nevertheless found it necessary to repeat it here - to teach us that when it is Asur be'Hana'ah, it is even Asur to a Hedyot as well (by Isurei Hana'ah).
2. ... here, the Tana found it necessary to repeat it there - to teach us that even something that is not Asur be'Hana'ah nevertheless forbids with a 'Kol she'Hu' to go on the Mizbe'ach (by non Isurei Hana'ah).

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(a) Despite the fact that our Mishnah itself goes on to teach us the Halachah in cases that are not Isurei Hana'ah, we need the Mishnah in Temurah to repeat it, to teach us - that even a 'Kol she'Hu' renders the batch Asur (since our Mishnah does not specifically mention this point).
(b) and we still need the Seifa of our Mishnah - to teach us the Takanah ('Yir'eh ad she'Yista'ev ... '), which the Tana there omits.
(c) The Mishnah in Avodah-Zarah rules - that Yayin Nesech and Avodas-Kochavim that got mixed up with Heter - render Asur with the Shi'ur of a 'Kol-she'Hu'.
(d) With reference to what we said a little earlier (that our Mishnah teaches us that the mixture is even forbidden to a Hedyot) we still need ...
1. ... our Mishnah to teach us this - because it adds the fact that the total Isur extends to Hekdesh (and is not restricted to Hedyot, to which the Mishnah in Avodah-Zarah refers).
2. ... the Mishnah there to teach us - that it is not only to Hekdesh that it is forbidden (because it is 'Ma'us' [disgusting]), but also to a Hedyot.

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