1)

NIKBARIM AND NISRAFIM (cont.)

(a)

One may not burn Nikbarim. One may not bury Nisrafim;

(b)

R. Yehudah permits to be stringent and burn Nikbarim;

1.

Chachamim: This is forbidden.

(c)

(Gemara - Mishnah): Hair of a Nazir is buried.

(d)

Contradiction (Tavi - Mishnah): If the length of a Sit (as far as one can separate his thumb from his index finger) of wool of a Bechor was woven into a garment, it must be burned;

1.

If a Sit of hair of a Nazir or a Peter Chamor was woven into Sak (sackcloth), the Sak must be burned.

(e)

Resolution #1 (Rav Nachman (and R. Elazar)): Hair of a Nazir Tahor must be burned (under the pot in which his Shelamim is cooked). Hair of a Nazir Tamei is buried.

(f)

Objection (Rav Tavi): That answers for hair of a Nazir. It does not resolve the contradiction regarding hair of a Peter Chamor!

(g)

Rav Nachman could not answer.

(h)

Resolution #2 (Rav Tavi citing Rav Sheshes (also, R. Yosi b'Rebbi Chanina)): If the hair was woven into Sak, it must be burned. (It will not decay quickly. If it were buried, someone might find it and benefit from it.) The hair itself may be buried. (We explain the following like the Gra on Orlah 3:3.)

(i)

Question (Rav Nachman): (You say that we burn something that should be buried, and transgressed a mid'Rabanan law, lest someone benefit from it. Benefit is only mid'Rabanan, but mid'Oraisa,) the hair is Batel in the majority of Sak!

(j)

Answer #1 (Rav Papa): The case is, the hair was used to make a design of a bird. (Therefore it is not Batel.)

(k)

Objection: If so, it can be removed! (Why must the whole Sak be burned?)

(l)

Answer (R. Yirmeyah): Our Mishnah is like R. Yehudah, who permits burning Nikbarim.

(m)

Objection: That does not answer why it is not Batel!

(n)

Answer #2 (to Question (i) - R. Yirmeyah): I meant that if the design can be removed, it is removed;

1.

If not, the whole Sak should be burned. Our Mishnah is like R. Yehudah, who permits burning Nikbarim. (Since he permits burning it, this is preferable, even if there is no design.)

2)

EXCEPTIONS TO THE RULE

(a)

(Mishnah): The following are Nisrafim... (Chametz on Pesach... )

(b)

Inference: Our Stam (anonymous) Mishnah requires burning Chametz during Pesach. This is like R. Yehudah, who says that Bi'ur (eradication of) Chametz must be through burning.

(c)

(Mishnah): Tamei Terumah, Orlah, Kil'ai ha'Kerem... (what can be burned is burned. What is normally buried is buried.)

(d)

Solid foods are burned, and liquids are buried.

(e)

(Mishnah): Chatas ha'Of ha'Ba Al ha'Safek (is burned).

(f)

(Beraisa - R. Yehudah): It is dissected into limbs and cast into the Amah. It flows into Nachal Kidron.

(g)

(Mishnah): One may not burn Nikbarim...

(h)

Question: What is the reason?

(i)

Answer: Ashes of Nisrafim are permitted (because its Mitzvah was done). Ashes of Nikbarim are forbidden. (If Nikbarim are burned, people might benefit from the ashes.)

(j)

Question: Ashes of Nikbarim are (sometimes) permitted!

1.

(Beraisa): If flesh of a corpse or (dried) Dam Nidah crumbled, it is Tahor.

2.

Suggestion: They are Tehorim and permitted (b'Hana'ah).

(k)

Answer: No, they are Tehorim and forbidden.

(l)

Question (Rav Pinchas - Beraisa): After Mitzuy of Olas ha'Of (pressing it against the Mizbe'ach to squeeze out the blood), Me'ilah does not apply to the crop and feathers. (They are thrown next to the ramp of the Mizbe'ach and miraculously swallowed into the floor.)

1.

Suggestion: Me'ilah does not apply to them, and they are permitted.

(m)

Answer: No, Me'ilah does not apply to them but they are forbidden.

(n)

Question: Ashes of Kodshim ha'Nisrafim are forbidden!

1.

(Beraisa): Ashes of all Nisrafim are permitted, except for those of an Asheirah (a tree planted to be worshipped);

i.

(There is another exception.) Ashes of Hekdesh are always forbidden.

ii.

Question: Why were the two exceptions taught separately?

iii.

Answer: A Nochri can be Mevatel an Asheirah (if he decides not to worship it any more and defaces it), but Hekdesh cannot become Batel.

2.

Summation of (primary) question: It says that ashes of Hekdesh are always forbidden!

(o)

Answer #1 (Rami bar Chama): The case is, Hekdesh caught fire by itself. (Had someone burned it, he would transgress Me'ilah, and the Hekdesh would become Chulin.)

(p)

Answer #2 (Rav Shemayah): The Beraisa refers to Terumas ha'Deshen (ashes taken off the Mizbe'ach every day). It is always forbidden;

1.

(Beraisa): "V'Samo" teaches that all the ashes must be placed down, gently, (Rambam - in a place shielded from wind and pigs,) in order that they will not scatter.

TAM V'NISHLAM, B'EZRAS HA'TZUR

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