ME'ILAH 7 - Dedicated l'Zechut Refu'ah Shleimah for Elisheva Chaya bat Leah. Dedicated by Michael Steinberg, David Steinberg, and Ethan Steinberg.

7b----------------------------------------7b

1)

WHEN DOES YOTZEI DISQUALIFY A KORBAN? [Korbanos :Yotzei]

(a)

Gemara

1.

6b (Mishnah - R. Eliezer): If Eimurim (the parts offered on the Mizbe'ach) of Kodshim Kalim left before Zerikah, Me'ilah does not apply to them, and one is not liable for them for Pigul, Nosar or Tamei;

2.

R. Akiva says, Me'ilah applies to them, and one can be liable for them for Pigul, Nosar or Tamei.

3.

Zevachim 90a - Suggestion: They argue about Eimurim returned to the Azarah before Zerikah. R. Eliezer says that they were already Nifsalim through Yotzei, and R. Akiva says that they were not.

4.

Rejection (Rav Papa): No, if they were returned to the Azarah before Zerikah, all agree that Me'ilah, Pigul... apply to them;

i.

They argue when the Eimurim were not returned before Zerikah. R. Eliezer holds that Zerikah does not take effect on what is outside the Azarah, and R. Akiva says that it does.

5.

Me'ilah 7b (Mishnah): Before Zerikah, Me'ilah does not apply to the Eimurim or meat of Kodshim Kalim. After Zerikah, it applies to the Eimurim, but not to the meat.

6.

Inference: Me'ilah does not apply (to meat after Zerikah), but there is an Isur to benefit from it.

7.

Question: What is the reason? It belongs to the owner (to eat)!

8.

Answer (R. Chanina): The Seifa discusses (meat that was) Yotzei. It is like R. Akiva;

i.

R. Akiva holds that Zerikah takes effect on Yotzei regarding burning, but not to permit eating it.

9.

Zevachim 26a (Beraisa): If Kodshim Kalim quivered after Shechitah and left the Azarah and returned, they are Pasul.

10.

Inference: Meat of Kodshim Kalim that leaves the Azarah before Zerikah is Pasul.

11.

Rejection: Perhaps this refers to the tail (of a sheep) or the kidneys. (These are Eimurim, which may never leave the Azarah. Meat may leave after Zerikah, so perhaps it may leave even before Zerikah.)

12.

89b (R. Yochanan): If meat of Kodshim Kalim left the Azarah before Zerikah, it is Kosher;

13.

(Reish Lakish): It is Pasul.

14.

R. Yochanan is Machshir because it will be permitted to take the meat out (after Zerikah), Reish Lakish disqualifies because now it is forbidden.

15.

[Suggestion: They argue only about meat, but all agree about Eimurim (which may never leave).

16.

Rejection: No, they argue also about Eimurim;

i.

Their argument was taught regarding meat to teach the extremity of Reish Lakish. He disqualifies even meat, even though later, it will be permitted to take it out.

17.

104b - Question (R. Elazar): Does Yetzi'ah (before Zerikah) disqualify Parim and Se'irim ha'Nisrafim? (All their meat is burned outside Yerushalayim.)

18.

R. Yirmeyah bar Aba: He asks according to the opinion that it was not yet time to leave. (I.e. Reish Lakish disqualifies meat of Kodshim Kalim that left before Zerikah, even though one may take the meat out later);

i.

Perhaps he disqualifies there, for one need (ever) take it out, but he is Machshir here, for (later) the Parim must be taken out;

ii.

Or, perhaps he disqualifies whenever something leaves prematurely.

(b)

Rishonim

1.

Rambam (Hilchos Pesulei ha'Mukdashim 1:31): If the meat became Pasul before Zerikah, or left the Azarah, we do not do Zerikah. If Zerikah was done, it is Meratzeh.

2.

Rambam (32): If meat of Kodshim Kalim left the Azarah before Zerikah, even though Zerikah was done and the meat is outside, the Korban is Kosher, for the meat was destined to leave. Zerikah takes effect on Yotzei to burn it, but not to eat it.

i.

Rebuttal (Ra'avad, on Halachah 31): If the meat left the Azarah before Zerikah, why can't it be eaten? Perhaps the Rambam discusses meat of Kodshim Kalim that left Yerushalayim, and his words are mixed up.

ii.

Kesef Mishneh: The Rambam rules like R. Yochanan against Reish Lakish. This is also like R. Akiva against Reish Lakish. In Me'ilah we say that Zerikah helps only for burning, but not for eating. Rashi (see Tosfos below) explains that Zerikah helps for burning, i.e. they are not burned immediately like Pesulim, rather, only after Ibur Tzurah (when they are Nosar).

iii.

Tosfos (7b DH Ki): R. Chanina answered that the Seifa is like R. Akiva. He holds that Zerikah takes effect on Yotzei for burning, but not to permit eating it. I.e. it is considered Kosher regarding (the ability to become) Pigul, Nosar and Tamei, and we do not burn it until Ibur Tzurah, for it is not considered a Pesul in the Korban itself (which is burned immediately. Perhaps Tosfos said all this to explain Rashi.)

iv.

Rebuttal (Tosfos): Why should R. Chanina discuss Ibur Tzurah? R. Akiva discussed only Me'ilah, Pigul, Nosar and Tamei! Also, Pesachim 82a connotes that Zerikah does not obligate Ibur Tzurah! Rather, R. Chanina teaches that R. Akiva holds that Zerikah helps only for Yotzei, i.e. what our Mishnah discusses, but it is burned immediately. He does not argue with our Mishnah.

v.

Kesef Mishneh: The Rambam returned to what we discussed above 'or it left the Azarah, we do not do Zerikah. If Zerikah was done, it is Meratzeh.' The Ritzuy is only to offer it on the Mizbe'ach, but not to eat it. The same applies to meat of Kodshim Kalim that left Yerushalayim. Zerikah helps to burn it, but not for eating. The Ra'avad says that this is mixed up, for the Rambam mentions meat of Kodshim Kalim that left the Azarah amidst other matters. He should have written 'if Zerikah was done, it is Meratzeh. The same applies to meat of Kodshim Kalim that left Yerushalayim', and afterwards teach the law of meat of Kodshei Kodoshim that left the Azarah. I explain that the Rambam first taught about Kodshei Kodoshim that left the Azarah, and afterwards the law of meat that left its boundary before Zerikah, i.e. Kodshei Kodoshim left the Azarah, or Kodshim Kalim left Yerushalayim. Zerikah helps to burn them, but not for eating.

vi.

Ri Korkus: Surely we discuss leaving the Azarah. Only then we can say that they are destined to leave. Some explain that it is unlike a Pesul in the Korban itself, and it needs Ibur Tzurah. Some explain that it is like a Pesul in the Korban itself, and it is burned immediately. In Zevachim 26a, the Gemara said 'meat of Kodshim Kalim that leaves the Azarah before Zerikah is Pasul' in astonishment.

3.

Rambam (Hilchos Ma'aseh ha'Korbanos 7:3): In the Azarah there is a place to burn Pesulei ha'Mukdashim and Eimurim of Kodshim Kalim that became Pasul before or after Zerikah, e.g. they left the Azarah before the proper time.

i.

Lechem Mishneh: In Hilchos Pesulei ha'Mukdashim (10:3), the Rambam said that if it is a Safek, we are stringent to burn them in the Azarah. The Ri Korkus asked that this is like Reish Lakish, but R. Yochanan holds that it is no problem if they left before the time. The Rambam (Hilchos Pesulei ha'Mukdashim 1:32) rules like R. Yochanan, that it is Kosher! This is difficult also here. The Ri Korkus answered that in Zevachim 90a, R. Yochanan is Machshir before we knew that Zerikah helps for Yotzei to burn it, but not for eating. This is difficult. The Rambam says so (that Zerikah helps only for burning) for Kodshim Kalim that left their boundary, i.e. Yerushalayim, which they may never leave, but not if they left only the Azarah. The Rambam holds that the Gemara asked about bulls that are burned (outside Yerushalayim) only regarding the meat. Since the Eimurim should not leave the Azarah, if they did, surely they become Pasul. The same applies to (meat) leaving. This is why the Rambam put together the question of Linah and Yotzei. He said that the question is whether it disqualifies the meat like the Eimurim. However, in Hilchos Pesulei ha'Mukdashim he says that Yotzei of Eimurim of Kodshim Kalim, even though they are not destined to leave, does not disqualify the Korban! I answer that the Rambam holds that Kodshim Kalim are more lenient than Kodshei Kodoshim. He explains 104b unlike Rashi, who said that we ask according to Reish Lakish. Rather, we ask according to R. Yochanan. Even though Kodshim Kalim that left too early are Kosher, perhaps we are more stringent about Kodshei Kodoshim, just like we are more stringent about their Eimurim. Reish Lakish disqualifies Kodshim Kalim that left too early. All the more so he disqualifies Kodshei Kodoshim! The Rambam rules like R. Yochanan, for we asked according to him.

ii.

Tosfos (Zevachim 26a DH Dilma): We should be able to prove from our Gemara that Eimurim of Kodshim Kalim that were Yotzei before Zerikah are Pesulim. Below (89b), the Gemara suggests that they are Kesherim! I answer that perhaps our Beraisa is like R. Eliezer, who disqualifies Yotzei there. This is difficult for Rav Papa, who says there that they do not argue in a case that they re-entered at the time of Zerikah. I.e. then all agree that they are Kesherim. Here, the Beraisa disqualifies! Rather, Rav Papa means that they do not argue in a case that they re-entered at the time of Zerikah. I.e. then all agree that Zerikah enables Pigul to take effect. All agree that the Korban is Pasul. They argue about whether Pigul takes effect if they re-entered after Zerikah.

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