1) "TEVILAS KELIM" DURING BEIN HA'SHEMASHOS OF YOM TOV
QUESTION: In the Beraisa, the Tana Kama and Rebbi Shimon Shezuri disagree about whether one may immerse a Kli on a weekday during Bein ha'Shemashos. When the Rabanan learned the Beraisa, they explained that the argument applies in a case in which a person was running with the Kli towards the Mikvah right before Bein ha'Shemashos. He clearly wanted to immerse the Kli before sundown. The Tana Kama says that in such a case one may immerse the Kli during Bein ha'Shemashos on a weekday, since he demonstrates through his actions (by running with the Kli to immerse it before Bein ha'Shemashos) that he knows that the Kli needs "He'erev Shemesh" (sundown) in order to become Tahor for use with Terumah. Rebbi Shimon Shezuri argues and does not permit one to immerse the Kli during Bein ha'Shemashos, because he maintains that the person's actions do not demonstrate that he knows that "He'erev Shemesh" is required (perhaps he was running in order to get back to his work).
Both the Tana Kama and Rebbi Shimon Shezuri agree that one may not immerse a Kli during Bein ha'Shemashos on Yom Tov. RASHI (DH Meida Yada) explains that the reason why one may not immerse a Kli on Yom Tov even according to the Tana Kama is because the Kli cannot be used until the following night (after "He'erev Shemesh"), and thus one who immerses the Kli now immerses it on Yom Tov for no purpose of Yom Tov ("she'Lo l'Tzorech").
Rashi's explanation is difficult to understand.
(a) Why does Rashi not give the reason which the Gemara already mentioned for the prohibition against Tevilah on Yom Tov (i.e., the act of Tevilah looks like Metaken Kli, or the other three reasons mentioned on 18a)?
(b) Why does Rashi say that in this case the Tevilah is not needed for Yom Tov ("she'Lo l'Tzorech")? Although the Kli may not be used for Terumah without "He'erev Shemesh," it may be used for items of Chulin, as Rashi himself explains earlier (18a, DH b'Velad). (MAHARSHA)
(a) The MAHARSHA explains that the other reasons for the prohibition of Tevilas Kelim on Yom Tov do not suffice to prohibit Tevilah of a Kli during Bein ha'Shemashos on Yom Tov. This is because the Halachah follows the view of Rebbi who maintains that prohibitions of "Shevus" (rabbinical prohibitions on Shabbos and Yom Tov) do not apply during Bein ha'Shemashos (Eruvin 32b). Since all of the other reasons to prohibit Tevilah on Yom Tov are essentially prohibitions of Shevus (such as a Gezeirah lest one carry in Reshus ha'Rabim, or a Gezeirah lest one squeeze out the water from clothing that he immersed), those reasons would not have prohibited Tevilah during Bein ha'Shemashos. The only reason Tevilah is not permitted during Bein ha'Shemashos is because the Tevilah is not needed for Yom Tov.
The SHA'AR HA'MELECH (Eruvin 1:22) adds that even though this reason (of "she'Lo l'Tzorech") is also an Isur d'Rabanan, nevertheless Rebbi does not permit this type of Shevus during Bein ha'Shemashos. The only type of Shevus which Rebbi permits during Bein ha'Shemashos is that which is needed for Yom Tov.
How does the Maharsha understand the Mishnah in Shabbos (34a) which states that one may not separate Ma'aseros or immerse utensils during Beis ha'Shemashos of Shabbos or Yom Tov? He must explain either that the Mishnah does not follow the view of Rebbi, or that the Mishnah refers to a person who needs the Kelim for Terumah and not for Chulin, and thus their Tevilah is not necessary for Yom Tov (since he will have to wait until "He'erev Shemesh"). (With regard to separating Ma'aseros, the person does not need the fruits on Yom Tov, and thus his action is "she'Lo l'Tzorech.") (See Insights to Eruvin 32:3
(b) The fact that the person is running with the Kli in order to immerse it before sundown indicates that he is a Kohen who needs the Kli for foods of Terumah (see RASHI, DH Ha Hu d'Lo). It is most probable that he does not need the Kli for Chulin (he has other Kelim for Chulin), and therefore the Tevilah of the Kli during Bein ha'Shemashos is "she'Lo l'Tzorech."
However, Rashi (18a) cites others who explain that one may not immerse a Kli, on Yom Tov, which became Tamei on Yom Tov with Av ha'Tum'ah, because such a Tevilah is "she'Lo l'Tzorech." Rashi questions that explanation and says that perhaps the person needs the Kli for Chulin and not for Terumah, in which case the Tevilah is needed on Yom Tov.
What is Rashi's question? Just as Rashi here explains that the Kli which one immerses during Bein ha'Shemashos of Yom Tov is needed for Terumah and not for Chulin, perhaps the Kli which became Tamei on Yom Tov is also needed for Terumah and not for Chulin.
The SHA'AR HA'MELECH answers that in the case of the Beraisa here, it is clear from the circumstances (the person is running to immerse the Kli before sundown) that he needs the Kli for Terumah. In contrast, there is no indication in the case of the Beraisa earlier (18a) that the person needs the Kli only for Terumah and not for Chulin. The Beraisa there says merely that one is permitted to immerse a Kli which is Tamei with Velad ha'Tum'ah but not a Kli which is Tamei with Av ha'Tum'ah. If that Beraisa refers specifically to a Kli needed only for Terumah and not for Chulin, it should specify that one is prohibited to immerse a Kli which is Tamei with Av ha'Tum'ah only when that Kli is needed for Terumah, but when it is needed for Chulin it is permitted.
Another possible answer is that there is an error in the text of our edition of Rashi. The DIKDUKEI SOFRIM (#60) points out that in other manuscripts of Rashi's commentary, Rashi does not write that "one is prohibited to immerse the Kli during Bein ha'Shemashos on Yom Tov because one thereby immerses on Yom Tov for no need (she'Lo l'Tzorech)," but rather, "one is prohibited to immerse the Kli during Bein ha'Shemashos on Yom Tov because it is Yom Tov" (and not because it is "she'Lo l'Tzorech"). According to that Girsa, Rashi's words refer to any of the four reasons given (18a) for why one is not permitted to immerse Kelim on Yom Tov.
2) THE REASON TO PROHIBIT "SHECHITAH" OF KORBANOS ON YOM TOV
QUESTION: Beis Shamai and Beis Hillel argue whether one may slaughter animals to offer as Shalmei Chagigah on Yom Tov. Ula says that they agree that one may not slaughter animals for Shalmei Nedavah on Yom Tov.
Why should Shechitah of any type of Shelamim be prohibited on Yom Tov? Part of every Korban Shelamim is eaten by its owner, and thus the Shechitah of the Shelamim should be permitted because Melachah for the sake of food preparation, Ochel Nefesh, is permitted on Yom Tov. Even though part of the animal will be burned upon the Mizbe'ach, its slaughter should be permitted for the part that the owner will eat (as the Gemara teaches earlier (17a), an entire pot may be brought to a boil even if the owner will eat only part of its contents on Yom Tov). The Shechitah of both Shalmei Nedavah and Shalmei Chagigah should be permitted, even according to Beis Shamai, and no verse should be required to teach that Shalmei Chagigah may be slaughtered according to Beis Hillel.
ANSWER: The Gemara itself addresses this question later (21a) with regard to an animal owned by both a Jew and a non-Jew. The Halachah states that the Shechitah of such an animal is permitted on Yom Tov. Why is the Shechitah of this animal permitted, but the Shechitah of a Korban is prohibited? The Gemara answers that when one slaughters a Korban, his act is not considered an act of Ochel Nefesh for the person who will eat the permitted parts of the Korban, because "mi'Shulchan Gavo'ah Ka Zachu." This means that when one slaughters a Korban, he does so with intention to dedicate the animal as an offering to Hash-m (and not in order to eat it). After it is slaughtered and offered, Hash-m, so to speak, gives the Kohanim a share in the Korban. Therefore, the Melachah that one performs when he slaughters the Korban is not done for Ochel Nefesh because the animal becomes permitted to eat only later.
This, however, explains only why the portion of the Korban which the Kohanim receive is not considered Ochel Nefesh. Why is the portion which the owner receives not considered Ochel Nefesh? According to Rebbi Yosi ha'Glili in Bava Kama (12b), the owner's portion does not come from Shulchan Gavo'ah. Rather, Kodshim Kalim belong to the owner ("Mamon Ba'alim") both before and after the Shechitah (see also TOSFOS there, DH Modim, and here in Beitzah 21a, DH Aval). The Rishonim give different answers to this question.
(a) RASHI (21a, DH Kohanim) writes that the owner also receives his portion from Shulchan Gavo'ah. When though the Gemara says that "Kohanim" receive their portion from Shulchan Gavo'ah, it does not mean only Kohanim. (Apparently, although the status of "Mamon Ba'alim" makes a person the owner of his Korban, that status alone does not allow the owner to eat his portion of the Korban. Rather, he receives it as a gift from Shulchan Gavo'ah.)
(b) TOSFOS in Bava Kama (ibid.) argues that only the portion of the Kohanim comes from Shulchan Gavo'ah. The Shechitah of a Korban from which one will eat is prohibited because of a different reason (and not because it is not considered Ochel Nofesh). Since offering a Korban is a Mitzvah, any other benefits which one derives from the Korban are secondary to the Mitzvah. The main purpose of performing the Avodah of the Korban is to offer it to Hash-m (and not to partake of its meat). Accordingly, all of the Avodos (including Shechitah) performed for the Korban are considered performed for the portion that goes to Gavo'ah rather than for the secondary benefit of allowing the owner to eat part of it. (See RIVA in TOSFOS to Beitzah 27b, DH v'Al, Shabbos 24b, DH l'Fi, and Pesachim 46a, DH Lo.)
(c) TOSFOS in Pesachim (5a, DH v'Omer) explains that even though the owner eventually will be permitted to eat part of the Korban, at the moment he slaughters it he may not eat any of it. He must wait until after the Zerikas ha'Dam has been performed. Since the owner's portion is prohibited to him at the moment he slaughters the animal, his act of Shechitah is not considered an act done for Ochel Nefesh (but an act done for the sake of Hekdesh).
3) BRINGING A KORBAN DURING CHOL HA'MO'ED
QUESTION: The Gemara quotes a Beraisa in which three Tana'im argue about whether one may bring Korbanos of Nedarim and Nedavos on Yom Tov. They also argue about when one transgresses the prohibition of Bal Te'acher (see Chart). The Tana Kama says that one may not bring a Korban Todah on Shavuos because it is Yom Tov, but he may bring it on Sukos. The Gemara explains that he means that one may bring the Korban Todah on Chol ha'Mo'ed of Sukos.
Why does the Tana need to teach that one is permitted to slaughter the Korban Todah on Chol ha'Mo'ed? One certainly is permitted to slaughter the Korban on Chol ha'Mo'ed, because it is not Yom Tov!
ANSWER: According to the Gemara's conclusion, the Tana Kama teaches nothing about Nedarim and Nedavos on Yom Tov. Rather, his statement is intended to teach a Halachah with regard to the prohibition of Bal Te'acher. The Tana Kama states that one who sanctified an animal as a Korban before Sukos is advised to bring it to Yerushalayim on Sukos (that is, not only may he bring it on Sukos, but he should bring it on Sukos). If he brings the Korban to Yerushalayim when he comes during Sukos, he will avoid the need to make a special trip to Yerushalayim after Sukos to offer the Korban before he transgresses Bal Te'acher. Since he cannot bring the Korban Todah during the other festivals (he cannot bring it during Pesach because of the loaves of Chametz that accompany it, and he cannot bring it on Shavuos because it is Yom Tov), he would have to make a special trip to Yerushalayim in order to avoid transgressing Bal Te'acher. Therefore, the Tana teaches that he should bring his Korban on Sukos, during Chol ha'Mo'ed, so that he not have to make a special trip to Yerushalayim. (See RASHI, DH Ki Pligi.)