Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il
http://www.dafyomi.co.il
 Previous |
 Next |
 Ask the Kollel |
1) click for question
(a) The two 'Gezeirah-Shavahs' (of Rebbi Yochanan and Rava) both refer to 'Shechutei P'nim' that were taken outside and burned. Rav Kahana tries to learn from the Pasuk "va'Aleihem Tomar" (the opening words of Ha'ala'as Chutz) - that the same pertains to Shechutei Chutz that are subsequently burned outside, too (like the opinion of the Tana Kama).
(b) Rabah refutes this explanation, based on the spelling of the word "va'Aleihem" - which is spelled with an 'Alef' (in which case "Va'aleihem Tomar" means 'And say to them', rather than 'and say about them ('about what is written above)' which it would have meant had it been written with an 'Ayin'.
(c) So we cite Tana de'bei Yishmael, who learns it (not from the words of "va'Aleihem Tomar", but) - from the 'Vav', connecting the Parshah of 'Ha'ala'as Chutz' to 'Shechitas Chutz'.
(d) Rebbi Yochanan learns it from - the 'Gezeirah-Shavah "Hava'ah", "Hava'ah", as we already learned earlier.
2) click for question
(a) Rav Bibi bar Abaye's problem with the fact that there are now two cases of Ha'ala'ah, from the Mishnah in K'risus, which lists thirty-six Kerisus is - that the Tana ought to have included 'ha'Ma'aleh bi'Fenim as well, making thirty-seven K'risus ...
(b) ... which be'Shogeg, would mean one extra Chatas.
(c) We suggest that perhaps the Tana lists all 'Ha'ala'os' as one - like we find by the Avos of Shabbos and Avodas-Kochavim, each of which is counted as one, despite the fact that each comprises various Toldos.
(d) We cannot however, give that answer here - because, as we learn there, the reason that the Toldos are not listed independently is because the Tana relies on other Mishnayos, which list them all; whereas the two 'Ha'ala'os ('ha'Ma'aleh Evrei P'nim ve'ha'Ma'aleh Evrei Chutz') are not specifically listed anywhere else.
3) click for question
(a) Later in the Perek, we will learn 'ha'Zorek Miktzas Damim ba'Chutz, Chayav'. Rebbi Yishmael learns the Chiyuv of 'Zorek ba'Chutz' from the Pasuk in Acharei-Mos "Dam Yechashev" (written in the Parshah of Shechutei Chutz), and Rebbi Akiva, from "O Zevach" (written there in connection with Ha'ala'as Chutz. According to Rebbi Yishmael, this teaches us 'Lechalek' - meaning that it is not necessary to perform both the Shechitah and the Ha'ala'ah in order to be Chayav, but one is Chayav for either one.
(b) Rebbi Akiva learns 'Lechalek' from (the Pasuk there "Lo Yevi'enu", whilst Rebbi Yishmael learns from there 'al ha'Shalem Hu Chayav, ve'Eino Chayav al ha'Chaser'. This might refer to part of a limb, to part of the animal - or to part of the Shi'ur Haktarah (less than a k'Zayis), as we shall see later.
(c) Rebbi Akiva learns this from the Pasuk there "La'asos Oso", whereas Rebbi Yishmael uses this as a second Pasuk to exempt him by a case of Chaser - which he needs to teach us that one is even Patur on Mukt'ri P'nim, ba'Chutz. Otherwise, we would have thought that he is Chayav, because by Avodas P'nim, the Kohanim are obligated to replace even incomplete limbs on the Mizbe'ach.
(d) According to Rebbi Akiva - Chaser by 'Mukt'ri P'nim' is Chayav.
4) click for question
(a) Rebbi Akiva learns from "Dam Yechashev" to include Shechitas ha'Of in the Din of Shechutei Chutz.
(b) Rebbi Yishmael learns this from "O asher Yishchat", from which Rebbi Akiva learns - than one is only Chayav for Shechutei Chutz, but not for Melikas Chutz.
(c) We need a Pasuk to preclude Melikas Chutz, in spite of the fact that the Torah has only mentioned Shechitah - because we would otherwise incorporate it in the Chiyuv from a 'Kal-va'Chomer', since it is the method of the Avodah (which Shechitah is not).
(d) Rebbi Yishmael learns that from "Zeh ha'Davar" from which Rebbi Akiva learns - a 'Gezeirah-Shavah' ('Zeh ha'Davar' 'Zeh ha'Davar') in connection with Nedarim.
5) click for question
(a) Someone who performed the Kemitzah of a Minchah or the Kabalas ha'Dam of a Korban outside the Azarah - is Patur (as we learned in the last Perek).
(b) We query why the Mishnah needs to teach us this. We cannot not learn it from ...
1. ... Shechitah - because Shechitah is unique in that it invalidates the Korban Pesach if it is performed on behalf of people who are unable to eat it (whereas Kabalah [and Kemitzah, which is not applicable in the first place]) do not.
2. ... Zerikah - which renders a Zar who performs it Chayav Misah (which Kemitzah and Kabalah do not).
(c) We learn from the fact that the Torah specifically includes 'Zerikas Chutz' in the Chiyuv (as we learned earlier) - whereas we could have learned it from a 'Mah ha'Tzad' from Shechitah and Ha'ala'ah, that the Torah only incorporates in the Chiyuv of Avodos Chutz, those Avodos which it specifically mentions, thereby negating the possibility of learning Kemitzah and Kabalah via a 'Mah ha'Tzad' from Shechitah and Ha'ala'ah.
6) click for question
7) click for question
8) click for question
9) click for question
10) click for question
11) click for question
12) click for question
13) click for question
(a) Rebbi Avahu maintains that if someone Shechts and performs Zerikah on a Korban ba'Chutz, he is Chayav one Korban according to Rebbi Yishmael, and two according to Rebbi Akiva - because the former, learned Zerikah from "Dam Yechashev" (which is written in connection with the Shechitah), whereas the latter learned it from "O Zevach" (which is written in connection with the Ha'ala'ah).
(b) Abaye disagrees with Rebbi Avahu. He learns from the Pasuk in Re'ei "Sham Ta'aleh Olosecha, ve'Sham Ta'aseh" - that all the Asiyos besides Ha'ala'ah (i.e. Shechitah and Zerikah) are considered one, in which case he is Chayav only one Korban even according to Rebbi Akiva.
(c) By the same token, Rebbi Avahu continues, if he both performed Zerikah and sacrificed the Korban ba'Chutz, he will be Chayav two Korbanos, whereas according to Rebbi Akiva, he will be Chayav only one. Abaye again disputes Rebbi Avahu's ruling, based on the same Pasuk "Sham Ta'aleh Olosecha, ve'Sham Ta'aseh" - which implies that Ha'ala'ah and Zerikah are considered two things, and he will be Chayav two Korbanos even according to Rebbi Akiva.
(d) Rebbi Avahu concludes that in a case where someone Shechted, performed Zerikah and sacrificed the Korban ba'Chutz - he is Chayav two Korbanos 'Mah Nafshach'; according to Rebbi Yishmael, one for the Ha'ala'ah, and one for the Zerikah and the Shechitah, and according to Rebbi Akiva, one for the Shechitah and one for the Zerikah and the Ha'ala'ah.
(e) This time - Abaye agrees with Rebbi Avahu that the sinner brings two Korbanos, one for the Ha'ala'ah, and the other for the other Asiyos.
(a) The Beraisa discusses the Pasuk in Acharei-Mos (in connection with Shechutei Chutz). We might have thought that "asher Yishchat mi'Chutz la'Machaneh" means outside the three Machanos - via a 'Gezeirah-Shavah' ("mi'Chutz la'Machaneh" "mi'Chutz la'Machaneh") from Parim ha'Nisrafin.
(b) We therefore learn from the Pasuk ...
1. ... "O Eiz asher Yishchat" - that one is even Chayav in Machaneh Yisrael or Leviyah.
2. ... "O el mi'Chutz la'Machaneh" - that he is not Chayav for Shechting an Olah in the south of the Azarah (even though it is not fit for Kodshei Kodshim.
(c) We learn the latter D'rashah from there, because it implies outside all three camps, which comes to teach us that one is only Chayav if one Shechts the Korban in a place which, like outside the three camps, is not fit to sacrifice any Korbanos (to preclude the south of the Azarah, which is eligible to Shecht Kodshim Kalim).
(a) According to Ula, someone who Shechts on the roof of the Heichal is Chayav for Shechutei Chutz - because it is not a place which is fit to bring Korbanos.
(b) Rava queries this from the Pasuk "ve'el Pesach Ohel Mo'ed Lo Hevi'o" - which come to teach us that one is Patur for Shechting on the roof of the Heichal (which is inside the entrance of the Ohel Mo'ed. Otherwise, it is not teaching us anything).
(c) We counter Rava's Kashya however - with the Kashya that if, as he suggests, "ve'el Pesach Ohel Mo'ed Lo Hevi'o" comes to preclude the roof of the Heichal, it certainly precludes the south of the Azarah, and includes the Machaneh Leviyah. So why does the Torah then write "ba'Machaneh" and "mi'Chutz la'Machaneh"?
(d) If indeed, we include the roof of the Heichal in the Isur from "ba'Machaneh" and exclude the south of the Azarah from "mi'Chutz la'Machaneh", as the current Kashya suggests - "ve'el Pesach Ohel Mo'ed ... " will come to preclude the Parah Adumah and Kodshei Bedek ha'Bayis (which are not fit to be brought to the entrance of the Ohel Mo'ed), from the La'av of Shechutei Chutz.
(a) Rav Mari vindicates Rava. "ve'el Pesach Ohel Mo'ed ... " does indeed comes to preclude someone who Shechts on the roof of the Heichal, "Mi'chutz la'Machaneh" the south of the Azarah, whereas "ba'Machaneh" - comes to include where the animal is standing inside the Azarah, but its neck is outside.
(b) We object to this explanation however, on the grounds - that, seeing as the actual Shechitah takes place outside the Azarah, why would we even think that he might be Patur? What difference does it make where the body is?
(c) So we amend Rav Mari's words to a case - where the animal is standing outside the Azarah and its neck is inside, which we would otherwise have thought is not considered Shechutei Chutz, since the Shechitah takes place inside the Azarah.
(a) According to Rebbi Yochanan, someone who sacrifices a Korban nowadays, is Chayav because of Ha'ala'as Chutz. Resh Lakish rules - that he is Patur.
(b) The basis of their Machlokes is - whether, when Yehoshua sanctified Yerushalayim, he sanctified it for all time ('Kedushah Rishonah Kidshah le'Sha'atah ve'Kidshah le'Asid Lavo' [Rebbi Yochanan]) or not (Resh Lakish).
(c) We query this however, inasmuch as it seems to be a duplication of a Machlokes Tana'im. In a Mishnah in Iduyos, Rebbi Eliezer describes how, when they built the Heichal and the Azaros of the second Beis-Hamikdash - they were both surrounded by curtains.
(d) What distinguished the two - was the fact that the builders built outside the curtains of the Heichal, but inside those of the Azaros.
(a) Based on what Rebbi Yehoshua heard, even though there was no ...
1. ... Beis-Hamikdash, they used to bring Korbanos in the place where the Azarah used to be.
2. ... hangings around the Azarah - the Kohanim used to eat Kodshei Kodshim there.
3. ... wall surrounding Yerushalayim - they used to eat Kodshim and Ma'aser Sheini in the location of Yerushalayim.
(b) Rebbi Yehoshua's reason is - based on the principle "Kedushah Rishonah Kidshah le'Sha'atah, ve'Kidshah le'Asid Lavo'.
(a) We initially assume that Rebbi Eliezer holds - ' ... Kidshah le'Sha'atah, ve'Lo Kidshah le'Asid Lavo', which explains why they put up temporary curtains instead of walls.
(b) We reject this latter assumption however - and explain that Rebbi Eliezer actually concedes that 'Kidshah le'Asid Lavo', in which case, the curtains were of no Halachic significance, and Rebbi Yehoshua was not coming to dispute Rebbi Eliezer's statement, only to make an independent one.
(c) In fact, the purpose of the curtains - was for Tz'niyus (modesty).
(a) According to Rebbi Yochanan, someone who sacrifices ba'Chutz a limb that does not contain a k'Zayis of Basar, but the bone complements the Shi'ur, is Chayav because he holds - that whatever is joined to a Korban, is considered to be part of it.
(b) Resh Lakish holds - that it is not, and he is therefore Patur.
for Maseches Zevachim
