MENACHOS 5 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his son in law, Eli Turkel of Raanana, Israel.

1)

(a)The Beraisa declares valid an Asham Metzora that was Shechted she'Lo li'Shemo, or whose blood was not placed on the thumb or big toe of the Metzora. Is it then necessary to bring ...

1. ... Nesachim?

2. ... another Asham?

(b)Why is this a Tiyuvta on Rav?

(c)Resh Lakish disagrees with the first statement of Rav. What does he say about ...

1. ... a Minchas ha'Omer whose Kemitzah was taken she'Lo li'Shemah?

2. ... the Shirayim of such a Minchas ha'Omer? Why is that?

1)

(a)The Beraisa declares valid an Asham Metzora that was Shechted she'Lo li'Shemo, or whose blood was not placed on the thumb or big toe of the Metzora. It also necessitates bringing ...

1. ... the accompanying Nesachim.

2. ... another Asham (to permit the Metzora to re-enter the camp).

(b)This is a Tiyuvta on Rav - who invalidated it because it failed to achieve its purpose of being Machshir.

(c)Resh Lakish disagrees with Rav. He rules that ...

1. ... a Minchas ha'Omer whose Kemitzah was taken she'Lo li'Shemah - is Kasher.

2. ... the Kohanim are not however, permitted to eat the Shirayim - because of the Isur of Chadash, which remains intact until the new Minchah is brought.

2)

(a)What do we learn from the Pasuk in Yechezkel (in connection with the Nesachim) "mi'Mashkeh Yisrael"?

(b)That being the case, what reason does Rav Ada bar Ahavah give to permit bringing the Pasul Minchas ha'Omer, even though it is Asur to a Hedyot?

(c)Rav Ada b'rei de'Rav Yitzchak queries this from a Beraisa, which discusses the special Halachos that pertain to Ofos and not to Menachos, and vice-versa. Which of the two can be brought by two partners and by Mechusrei Kaparah?

(d)What third advantage do Ofos enjoy over Menachos?

2)

(a)We learn from the Pasuk in Yechezkel (in connection with the Nesachim) "mi'Mashkeh Yisrael" - that one may offer to Hash-m what is permitted to a Yisrael.

(b)Rav Ada bar Ahavah explains that Resh Lakish nevertheless permits bringing the Pasul Minchas ha'Omer (even though it is still Asur to a Hedyot) - due to the principle 'Ein Mechusar Z'man le'Bo ba'Yom' (since it will become permitted on that same day without anything being done to it, it is as if it was already permitted).

(c)Rav Ada b'rei de'Rav Yitzchak queries this from a Beraisa, which discusses the special Halachos that pertain to Ofos and not to Menachos, and vice-versa. Ofos - can be brought by two partners and by Mechusrei Kaparah (but not Menachos).

(d)The third advantage that Ofos enjoy over Menachos is - that the Isur of Neveilah (to which a Chulin bird that is killed by Melikah is subject) have a Heter by Kodshim (whereas Menachos have no special concession).

3)

(a)Menachos, on the other hand, require K'li, Tenufah and Hagashah. What fourth special Halachah pertains to them?

(b)How does Rav Ada b'rei de'Rav Yitzchak query Rav Ada bar Ahavah from this Beraisa?

(c)How do we resolve the problem? Why is bringing the Minchas ha'Omer even though it is still Asur to a Hedyot, not considered an Isur?

3)

(a)Menachos, on the other hand, require K'li, Tenufah and Hagashah (bringing to the south-western corner of the Mizbe'ach) - and they can be brought communally, all of which do not pertain to birds.

(b)Rav Ada b'rei de'Rav Yitzchak asks that, according to Rav Ada bar Ahavah, the last concession by Ofos ('Hutru mi'Chelal Isuran') ought to apply to Menachos too, inasmuch as the Isur of Chadash is permitted by the Minchas ha'Omer, even though it is forbidden to a Hedyot.

(c)We answer that bringing the Minchas ha'Omer is not considered a Heter - since, based on the principle 'Ein Mechusar Z'man le'Bo ba'Yom' - it is not considered an Isur in the first place.

4)

(a)The Kohen places blood of the Asham and oil on the thumb and big toe of the Metzora, and sprinkles oil towards the Kodesh seven times. What is the order of priority?

(b)What must he do if he inadvertently places the oil before ...

1. ... the blood?

2. ... sprinkling it?

(c)Why does this pose a Kashya on Rav Ada bar Ahavah?

(d)What does Rav Papa answer? What does he learn from the Pasuk "Zos *Tih'yeh* Toras ha'Metzora ... "?

4)

(a)The Kohen places blood of the Asham and oil on the thumb and big toe of the Metzora, and sprinkles oil towards the Kodesh seven times. The order of priorities is - 1. placing the blood ... 2. sprinkling the oil ... 3. placing the oil ... .

(b)If he inadvertently place the oil before ...

1. ... the blood - he is obligated (after placing the blood) to refill the crucible with oil and place it again, and the same applied if he does so before ...

2. ... sprinkling the oil.

(c)This poses a Kashya on Rav Ada bar Ahavah - because if we say 'Ein Mechusar Z'man le'Bo ba'Yom, why should the Kohen need to place the oil again?

(d)Rav Papa answers that a Metzora is different - because the Torah writes "Zos Tih'yeh Toras ha'Metzora ... ", and 'Havayah (Tih'yeh) implies that the Kohen must adhere to the correct order of events.

5)

(a)The Asham of the Metzora precedes his Chatas. According to the Beraisa, what happens to a Chatas that the Kohen Shechts before the Asham? What does Te'ubar Tzuraso mean?

(b)What does this ruling preclude? What other solution might we have offered?

(c)What does Rav Papa ask from this Beraisa on Rav Ada bar Ahavah?

(d)But did Rav Papa himself not just explain how Metzora is different (because the Torah writes Havayah)? Why did he not consider that answer appropriate here)?

5)

(a)The Asham of the Metzora precedes his Chatas. According to the Beraisa, a Chatas which the Kohen Shechts before the Asham - requires 'Ibur Tzurah' (being left overnight off the Mizbe'ach, to become Pasul be'Linah), and then burned in the Beis ha'Sereifah.

(b)This ruling precludes the possibility - of someone stirring the blood of the Chatas until the Asham has been Shechted and its blood sprinkled, before placing the blood of the Chatas.

(c)Rav Papa asks from this Beraisa on Rav Ada bar Ahavah - the same Kashya as we asked a little earlier. Why is the Chatas Pasul, seeing as 'Ein Mechusar Z'man le'bo ba'Yom'?

(d)Even though Rav Papa himself just explained how Metzora is different (because the Torah writes 'Havayah'), he declined to give the same answer here - since it is the Shechitah of the Chatas that is the problem, and Shechitah is not an Avodah. Consequently, 'Havayah' will not apply to it, and we will need to understand why the alternative solution (of stirring the blood) is not applicable.

6)

(a)According to Rav Papa therefore, based on the Beraisa, what are we forced to say regarding Mechusar Z'man le'Bo ba'Yom?

(b)And Resh Lakish permits the Kometz of the Pasul Minchas ha'Omer to be burned on the Mizbe'ach, based on a ruling of Rebbi Yochanan and himself. What did Rebbi Yochanan and Resh Lakish say about what it is that permits Chadash?

(c)From which Pasuk in Emor do they learn it?

(d)And how do they reconcile it with the Pasuk "ad Havi'achem es Omer ha'Tenufah"?

6)

(a)According to Rav Papa therefore, based on the Beraisa, we must hold - 'Yesh Mechusar Z'man le'bo ba'Yom'.

(b)And Resh Lakish permits the Kometz of the Pasul Minchas ha'Omer to be burned on the Mizbe'ach, based on a ruling of Rebbi Yochanan and himself - who both stated that the morning of the sixteenth of Nisan permits Chadash (and not the Omer [even in the time of the Beis Hamikdash]).

(c)They learn it from the Pasuk in Emor "be'Etzem ha'Yom ha'Zeh" (implying that Chadash becomes permitted from the beginning of the day).

(d)They reconcile this with the Pasuk "ad Havi'achem es Omer ha'Tenufah" - by establishing the Pasuk as a Mitzvah (but not an obligation).

5b--------------------5b

7)

(a)If Resh Lakish did not actually make the previous statement, from where do we know it?

(b)What does the Mishnah in the sixth Perek say about bringing Menachos, Bikurim or Minchos Beheimah (Minchos Nesachim) before having brought ...

1. ... the Omer (on the sixteenth of Nisan)?

2. ... the Sh'tei ha'Lechem (on Shavu'os)?

(c)What did Rebbi Yitzchak Amar Resh Lakish comment on this? How did he qualify the former ruling?

(d)What do we see from here?

7)

(a)Resh Lakish did not actually make the previous statement - but it can be implied from another statement of his.

(b)The Mishnah in the sixth Perek rules - that the Kohanim may not bring Menachos, Bikurim or Minchos Beheimah (i.e. Minchos Nesachim) before having brought ...

1. ... the Omer (on the sixteenth of Nisan), and if they did, it is Pasul.

2. ... the Sh'tei ha'Lechem (on Shavu'os), but if they did, it is nevertheless Kasher.

(c)Rebbi Yitzchak Amar Resh Lakish qualified the former ruling - by confining it to the fourteenth or fifteenth of Nisan, but if they brought it on the sixteenth before the Omer, it is Kasher ...

(d)... because the new crops become permitted already by the light of day (even before the Omer has been brought).

8)

(a)Rava disagrees even with Resh Lakish. What does *he* say about a Minchas ha'Omer whose Kemitzah was taken she'Lo li'Shemah?

(b)What is his reason for this? What makes the Minchas ha'Omer unfit for Avodah'?

(c)Rava also extends this ruling to someone who is eligible to serve, and in a location that is eligible. What is meant by ...

1. ... someone who is not eligible?

2. ... a location that is not eligible?

8)

(a)Rava disagrees even with Resh Lakish. According to him - not only may one bring a Minchas ha'Omer whose Kemitzah was taken she'Lo li'Shemah, but the Kohanim are even permitted to eat it ...

(b)... because a Machsheves P'sul can only take effect on something that is fit to (regularly) perform the Avodah with, precluding the Minchas ha'Omer, which consists of barley, and which is therefore unfit for the Avodah elsewhere.

(c)Rava also extends this rule to someone who is eligible to serve and in a location that is eligible, to preclude ...

1. ... a Kohen Ba'al-Mum, and ...

2. ... there where the Mizbe'ach is chipped.

9)

(a)The first "*min* ha'Bakar" (in the opening Pesukim in Vayikra), comes to preclude Ne'evad (an animal that has been worshipped) from the Mizbe'ach. What does the Beraisa learn from the second "*min* ha'Bakar"? What does it come to preclude?

(b)We try to refute the need for such a D'rashah, by means of a Kal-va'Chomer from Ba'al-Mum. Which Kal-va'Chomer?

(c)We query this however, from Cheilev and Dam, which are forbidden to a Hedyot, but permitted to Gavohah. On what grounds do we refute this Pircha?

(d)So we try again to refute the Kal va'Chomer, by citing Melikah, which is completely Asur, yet it is forbidden to a Hedyot but permitted to Gavohah. How do we counter this?

9)

(a)The first "min ha'Bakar" (in the opening Pesukim in Vayikra), comes to preclude Ne'evad (an animal that has been worshipped) from the Mizbe'ach. From the second "min ha'Bakar" - the Beraisa precludes a T'reifah.

(b)We try to refute the need for such a D'rashah, by means of a 'Kal-va'Chomer from Ba'al-Mum - which is permitted to a Hedyot, yet it is forbidden to Gavohah. In that case, a T'reifah, which is forbidden to a Hedyot, should certainly be forbidden to Gavohah.

(c)We query this however, from Cheilev and Dam, which are forbidden to a Hedyot, but permitted to Gavohah. But we refute this Pircha - from the fact that Cheilev and Dam are part of an animal that is permitted, whereas a T'reifah is entirely forbidden.

(d)So we try again to refute the 'Kal va'Chomer', by citing Melikah which is completely Asur, yet it is forbidden to a Hedyot but permitted to Gavohah. And we counter this - by pointing to the fact that Melikah is the very thing that, not only forbids it to a Hedyot, but that permits it to Hekdesh, whereas the fact that is a T'reifah does not render it Kadosh.

10)

(a)So we make a further attempt at reinstating the need for a Pasuk to forbid bringing a T'reifah as a Korban. What do we try to learn from the Minchas ha'Omer?

(b)How do we refute the counter-argument that Minchas ha'Omer is different since ...

1. ... it permits Chadash?

2. ... even in the Sh'mitah, it permits Sefichin (the seeds that grow wild)?

(c)Rav Acha bar Rava told Rav Ashi however, that even according to Rebbi Akiva, the Minchas ha'Omer permits Chadash even in the Sh'mitah. How is that possible?

(d)What's more, he added, even according to those who hold that Chadash in Chutz la'Aretz, is to begin with, only de'Rabbanan, the Minchas ha'Omer has the distinction of permitting the La'av within it. What did he mean by that?

10)

(a)So we make a further attempt at reinstating the need for a Pasuk to forbid bringing a T'reifah as a Korban. We try to learn - from a 'Mah Matzinu' from Minchas ha'Omer, which is permitted to Gavohah, despite being forbidden to a Hedyot. In that case, the same ought to apply to a T'reifah.

(b)We refute the counter-argument that Minchas ha'Omer is different because it has the distinction ...

1. ... of permitting Chadash - since we can still learn from it in the Sh'mitah-year, when Chadash is permitted anyway.

2. ... even in the Sh'mitah year, of permitting Sefichin (the seeds that grow wild) - according to Rebbi Akiva, who forbids Sefichin when the time of Bi'ur arrives, and which are therefore not permitted by the Omer.

(c)Rav Acha bar Rava told Rav Ashi however, that even according to Rebbi Akiva, the Minchas ha'Omer permits Chadash even in the Sh'mitah - in Chutz la'Aretz.

(d)And what's more, he added, even according to those who hold that Chadash in Chutz la'Aretz is, to begin with, only de'Rabbanan, the Minchas ha'Omer has the distinction of permitting the La'av within it, by which he means - that even though they are forbidden in Eretz Yisrael because of Shevi'is, the Omer nevertheless removes the La'av of Chadash.

11)

(a)What did Rav Acha from Difti say to Ravina, querying Rav Acha bar Rava's final argument, from T'reifah itself?

(b)So how do we finally refute the Kashya from Minchas ha'Omer on T'reifah? What distinction does the former possess over the latter?

(c)Resh Lakish tries to learn T'reifah from *Mefatem ha'Ketores*, which is forbidden to a Hedyot, but permitted to Gavohah. What problem do we have with Resh Lakish's initial text?

(d)After amending it to Pitum ha'Ketores, how do we refute the proof from there? What makes Pitum ha'Ketores different than T'reifah in this regard?

11)

(a)Rav Acha from Difti speaking to Ravina, queried Rav Acha bar Rava's final argument, from T'reifah itself - in that by the same token, perhaps we need the Pasuk to preclude from likewise bringing a T'reifah as a Korban, to permit the La'av of T'reifah.

(b)We finally refute the Kashya from Minchas ha'Omer on T'reifah - by virtue of the fact that by Minchas ha'Omer, the only way of performing the Mitzvah is via the Isur, which is not the case by T'reifah (in which case, we still need to justify the Pasuk ["min ha'Bakar"]).

(c)Resh Lakish tries to learn T'reifah from *Mefatem ha'Ketores*, which is forbidden for a Hedyot, but permitted for Gavohah. The problem with Resh Lakish's initial text is - that 'Mefatem ha'Ketores' refers to a person, so how can Resh Lakish go on to say 'Asur le'Hedyot' and 'Mutar la'Gavohah'?

(d)After amending it to 'Pitum ha'Ketores', we refute the proof from there - because 'Mitzvasah be'Kach' (like we just concluded to distinguish the Minchas ha'Omer from a Beheimah T'reifah).

12)

(a)We refute Mar b'rei de'Ravina's proof from Temidin u'Musafin on Shabbos in the same way. On what grounds do we refute the initial Pircha, that Shabbos is different than T'reifah, in that Hutra mi'Kelalah Eitzel Milah?

(b)And we follow exactly the same pattern with regard to Rav Ada bar Aba's proof from Kil'ayim (Sha'atnez) which is permitted to Gavohah, even though it is forbidden to a Hedyot. Which of the Bigdei Kehunah entails wearing Kil'ayim?

(c)In which regard do we initially consider Kil'ayim Hutrah mi'Kelalah Eitzel Hedyot?

12)

(a)We refute Mar b'rei de'Ravina's proof from Temidin u'Musafin on Shabbos in the same way. We reject the initial Pircha, that Shabbos is different than T'reifah, in that 'Hutra mi'Chelalah Eitzel Milah' - on the grounds that Milah itself is Tzorech Gavohah, and not Tzorech Hedyot.

(b)And we follow exactly the same pattern with regard to Rav Ada bar Aba's proof from Kil'ayim (Sha'atnez) which is permitted to Gavohah, even though it is forbidden to a Hedyot. The only one of the Bigdei Kehunah that definitely entails wearing Kil'ayim is - the Avneit (the belt) of the Kohen Gadol.

(c)We initially consider Kil'ayim 'Hutrah mi'Chelalah Eitzel Hedyot' - with regard to Tzitzis on a linen garment.

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