ME'ILAH 6 - Dedicated l'Zechut Refu'ah Shleimah for Elisheva Chaya bat Leah. Dedicated by Michael Steinberg, David Steinberg, and Ethan Steinberg.

1)

DOES A ZERIKAH OF AN INVALID KORBAN REMOVE ME'ILAH?

(a)

Support (for R. Yochanan - Beraisa - R. Shimon): Sometimes Me'ilah applies to Nosar, and sometimes it does not:

1.

Version #1 (Rashi): If the blood was left overnight, Me'ilah applies (if one ate) before Zerikah, but not after Zerikah.

2.

Version #2 (Rosh, cited by Pirush Kadmon): If the meat was left overnight before Zerikah, Me'ilah applies (to it). If it was left overnight after Zerikah, Me'ilah does not apply. (end of Version #2)

3.

Suggestion: Even though there was time to do Zerikah, (we do not consider it as if Zerikah was done,) there is Me'ilah. This shows that Heter Achilah is required to remove Me'ilah!

(b)

Rejection: No. The case is, there was no time for Zerikah. (Kabalah was right before sunset.)

(c)

Inference: If there was time to do Zerikah, Me'ilah would not apply.

(d)

Question: If so, why does it say that Me'ilah applies before Zerikah (but not after)? Rather, it should say Me'ilah applies if Kabalah was before sunset (leaving time for Zerikah), but not if it was after!

(e)

Answer: This is what the Beraisa means. Me'ilah applies (if one ate) before there was opportunity for Zerikah, but not after there was opportunity for Zerikah.

(f)

Support (for R. Yochanan - Beraisa - R. Shimon): Sometimes Me'ilah applies to Pigul, and sometimes it does not:

1.

Me'ilah applies (if one ate) before Zerikah, but not after Zerikah.

2.

Suggestion: Even though there was time to do Zerikah, there is Me'ilah. This shows that Heter Achilah is required!

(g)

Rejection: No, the case is, there was no time for Zerikah.

(h)

Inference: If there was time to do Zerikah, Me'ilah would not apply.

(i)

Question: If so, why does it say that Me'ilah (applies before Zerikah, but it) does not apply after Zerikah? Rather, it should say that Me'ilah applies if Kabalah was before sunset (with time for Zerikah), but not if it was after!

(j)

Answer: This is what the Beraisa means! Me'ilah applies (if he ate) before there was opportunity for Zerikah (because Kabalah was after sunset), but not (if he ate) after there was opportunity (Kabalah was before sunset).

(k)

Support (for R. Yochanan - Beraisa): Me'ilah applies to Pigul of Kodshei Kodashim.

1.

Suggestion: This is (even) after Zerikah. (Before Zerikah, Pigul applies to even to valid Kodshei Kodashim. This shows that Heter Achilah is required! (Tosfos - this supports also Rav Gidal.)

(l)

Rejection: No, the case is, Zerikah was not done.

(m)

Inference: If Zerikah was done, Me'ilah would not apply.

(n)

Question: If so, why does the Seifa say that Me'ilah does not apply to Kodshim Kalim? Rather, it should say Me'ilah applies before Zerikah, but not after!

(o)

Answer: The Seifa teaches that only valid Zerikah brings (Eimurei Kodshim Kalim) to Me'ilah, but even an invalid Zerikah can remove Me'ilah (from Kodshei Kodashim). (Rav Gidal is refuted.)

6b----------------------------------------6b

2)

IS ZERIKAH EFFECTIVE FOR YOTZEI?

(a)

(Mishnah - R. Eliezer): If meat of Kodshei Kodashim left the Azarah before Zerikah, (even if it was returned and Zerikah was done,) Me'ilah applies to it, and one cannot be liable for it for Pigul, Nosar or Tamei. (It is as if Zerikah was not done.)

(b)

R. Akiva says, (even if it was not returned, after Zerikah) Me'ilah does not apply to it, but Pigul, Nosar or Tamei can apply to it. (It is as if valid Zerikah was done.)

1.

R. Akiva: If one was Makdish a Chatas, lost it, was Makdish another, then found the first and slaughtered both of them:

i.

Zerikah (of one) exempts its meat (from Me'ilah). It also exempts the other animal's meat (even though the latter is Pasul, since it is Mosar Chatas);

ii.

All the more so, in our case Zerikah should exempt meat of the animal itself (even though it is Pasul due to Yotzei)!

(c)

R. Eliezer says, if Eimurim of Kodshim Kalim left before Zerikah, (even if they were returned and Zerikah was done,) Me'ilah does not apply to them, and one is not liable for them for Pigul, Nosar or Tamei;

(d)

R. Akiva says, (Rashi - if they were returned; Rambam - in any case) Me'ilah applies to them, and one can be liable for them for Pigul, Nosar or Tamei. (R. Akiva Eiger - perhaps Rashi understands that the Eimurim left Yerushalayim, therefore they must be returned.)

(e)

(Gemara) Question: Why must they argue in two cases?

(f)

Answer: This is necessary:

1.

Had they argued only about Kodshei Kodashim, one might have thought that only there R. Eliezer says that Me'ilah applies, for only a valid Zerikah removes Me'ilah, but he would agree regarding Kodshim Kalim that even an invalid Zerikah can bring to Me'ilah;

2.

Had they argued only about Kodshei Kalim, one might have thought that only there R. Akiva says that Me'ilah applies, for even an invalid Zerikah can bring to Me'ilah, but he would agree regarding Kodshim Kalim that only a valid Zerikah removes Me'ilah. (Tosfos - on 6a, we said that it is easier to remove Me'ilah than to make Me'ilah apply. That was regarding Zerikas Pigul, which the Torah considers to be a valid Zerikah (to be Mechayev Kares) for one who eats the animal. Here, the Zerikah was valid. The Pesul is merely in what it should permit, therefore it is more difficult to remove Me'ilah.)

(g)

(R. Yochanan): R. Akiva says that Zerikah is effective for Yotzei only if some (of the meat or Eimurim) remained inside, but not if all left. (We explain like Tosfos' text, that the following is a regular teaching, and not a question.)

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