In Mishnayos Zevachim perek 4 mishna 4 it says that if you are mefagel by the parim hanisrafim the piggul will take effect on the eimurim [b/c the dam is matir the eimurin likarev]. The Tiferes Yisroel there explains that piggul will never take effect on the basar of the parim hanisrafim b/c "bein kach uvein kach" they have to be burned, so it is not the dam that is matir the sreifas habasar; and anything that has no matirin cannot have piggul take effect on it.
But I find that difficult given the gemara in Menachos 14a that clearly states that piggul takes effect on the basar of the parim hanisrafim [l'ifgulei mai....] and does not mention anything about the eimurin.
Similarly, see Rashi Menachos 16a d"h vechayavim alav kares, that also says that piggul takes effect on the basar on the parim hanisrafim.
Please be meyashev for me.
Thanks a lot
A. Levin, Melbourne, Australia
This is a very strong question. Baruch Hash-m, I found that it is asked by the Teshuvas Binyan Tziyon ha'Chadashos #80 (by Rav Yakov Etlinger, the author of Aruch la'Ner).
1. The source of the Tiferes Yisrael that you cite is in fact the Rambam (Hilchos Pesulei ha'Mukdashin 18:7), who writes that things which have no Matir, such as the Basar of Chata'os ha'Nisrafos, can never have Pigul take effect on them. Your Kashya, then, is actually on the Rambam.
2. The Binyan Tziyon answers that when the Gemara in Menachos (14a) states that Pigul takes effect on the Basar of the Parim ha'Nisrafim, it does not refer to the meat, but to the Eimurin. The Binyan Tziyon asserts that "Chelev Ikri Basar" -- the fat is also referred to as meat. According to this, "Basar" can also mean the Eimurin.
3. The Binyan Tzion cites a proof for his assertion from the seventh Perek of Maseches Pesachim. Near the end of Pesachim 77a, Rabbi Yehoshua derives from the verse (Devarim 12:27), "And you shall make your offerings the Basar and the blood," that one must have both Basar and blood. If there is no blood, there can be no Basar, and if there is no Basar, there can be no blood. Nevertheless, Rabbi Yehoshua himself states in Pesachim 79a that for all the Korbanos in the Torah, if a k'Zayis of Basar or a k'Zayis of Chelev remains, one may still sprinkle the blood. This is a clear proof that "Chelev Ikri Basar," because even though the Gemara on 77a states that Basar must remain, the Gemara on 79a states that Chelev suffices.
4. Hence, according to the Binyan Tziyon, the Gemara (14a) *does* mention Eimurin!
5. According to this, we can also say that Rashi (16a, DH v'Chayavim), whom you cited, who writes that someone who ate from the Basar of the Par is Chayav Kares, also means that in fact he ate from the Eimurin.
(See also Tosfos Rebbi Akiva Eiger to Mishanyos Zevachim 4:4.)
Yeyasher Kochacha for your question!
Kol Tuv,
Dovid Bloom