The Gemara says that TOOT ZAVOT bring the korban (CHATTA and OLA, hasafek they were ZAVOT or not), and the korban is not eaten. Rashi explains that, for the OLAT HAOF, the woman does a TENAI. For the CHATAT HAOF, Rashi explains that it is not eaten because, if it is chulin, then the Melika makes it a NEVELA. Also, Rashi explains, for CHATAT HAOF, she cannot make a TENAI because there is no CHATAT NEDAVA.
If she cannot make a TENAI for CHATAT HAOF SAFEK, why we don t have the concern, in CHATAT HAOF SAFEK, to bring CHULIN laazara (and lamizbeach)? I understand that we have a similar situation in ASHAM TALUI. But the Tora itself mandates to bring an ASHAM TALUI. But is there a din Tora to bring a CHATAT HAOF SAFEK? If not, why we don t have the concern of to bring CHULI LAAZARA? Thanks!!! dino
Dino Feigelstock, Washington DC
Great question! Indeed, the Gemara in Nazir 29a derives a Hekesh (la'Zachar v'la'Nekeivah - Vayikra 15:23) that equates Chatas ha'Of ha'Ba'ah Al ha'Safek that a Zavah brings to Asham Taluy.
In his Shi'urim on Maseches Kerisus 7b, Rav Soloveitchik explains why, on the one hand, there is no concern of transgressing the Isur of Chulin ba'Azarah when bringing a Chatas ha'Of ha'Ba'ah Al ha'Safek, and yet it may not be eaten due to concern that it is a Safek Neveilah.
He says that the Hekesh teaches us only that the Chiyuv Hakravah (the obligation to bring the Korban) of Chatas ha'Of ha'Ba'ah Al ha'Safek for a Zavah is Vadai and not mi'Safek, just as the Chiyuv Hakravah of Asham Taluy is Vadai and not mi'Safek. Therefore, we are not concerned that a Zavah may be transgressing the Isur of Chulin ba'Azarah when bringing a Chatas ha'Of ha'Ba'ah Al ha'Safek.
Still, the Chatas ha'Of ha'Ba'ah Al ha'Safek may not be eaten because the Cheftza of the Korban itself remains a Korban of Safek, and is not included in the Hekesh. Even though the Chiyuv Hakravah is Vadai, the status of the Korban determines the nature of the Chiyuv Achilah of the Korban, and that is why it is a Safek Neveilah.
Kol Tuv,
Avraham Phillips