1)

WHEN DOES PIGUL APPLY?

(a)

Question (against Shmuel - Beraisa): If Shechitah or Kabalah was done (by someone Kosher) with intent to put, on the same day, blood that should be put on top on bottom, or vice-versa; it is Kosher;

1.

If in a later Avodah he intended to eat the meat Chutz li'Mkomo, it is Pasul, and there is no Kares (for one who eats the meat);

2.

If he intended Chutz li'Zmano, it is Pigul, and there is Kares.

3.

If Shechitah or Kabalah was done with intent to put the next day blood in the wrong place (on top on bottom); it is Pasul;

i.

If in a later Avodah he intended to eat the meat or burn the Eimurim Chutz li'Zmano or Chutz li'Mkomo, it is Pasul, and there is no Kares.

4.

Summation of question: If putting in the wrong place is like in the right place, Chutz li'Zmano should make it Pigul with Kares!

(b)

Answer (Mar Zutra): Only a kind of Zerikah that can permit meat to be eaten can make Pigul.

(c)

Question (Rav Ashi): Presumably, you learn from "v'Im He'achel Ye'achel ba'Yom ha'Shelishi (Lo Yeratzeh Pigul Yihyeh" that Pigul applies only if there was no other Isur;

1.

If so, intent Chutz li'Zmano should not even disqualify!

(d)

Answer (Rav Nachman bar Yitzchak): R. Yehudah holds that intent not to do Zerikah the same day (even without any intent Lizrok) disqualifies.

(e)

(Reish Lakish): The Mishnah disqualifies absolutely. (This is unlike Shmuel at the top of 26b.) Putting in the wrong place is like putting it in the right place;

1.

The Beraisa is Machshir when he was silent (he did not verbalize his intent; alternatively, he put blood in the wrong place without any Pasul intent);

2.

The Mishnah discusses when he said (verbalized his intent Chutz li'Zmano; alternatively, he had Pasul intent).

(f)

We challenge Reish Lakish with the same questions asked against Shmuel (26b 3:c), and he gives the same answers (ending with Rav Nachman bar Yitzchak's answer above (d)).

(g)

(R. Yochanan): In both the Mishnah and Beraisa, he was silent;

1.

Putting in the wrong place is not like putting in the right place;

2.

The Beraisa is Machshir when there is more Dam ha'Nefesh (for a Kosher Kohen to be Mekabel). The Mishnah disqualifies when there is not.

(h)

(Mishnah): It is Pasul, and there is no Kares.

(i)

Question: According to Reish Lakish, this is a Chidush (even though he intended Chutz li'Zmano, it is Pigul only if Zerikah permitted the meat);

1.

However, R. Yochanan holds that he was silent, and a Kosher Zerikah was not done. Obviously there is no Kares!

(j)

This is left difficult.

(k)

Question: How does Shmuel explain this? (Also he said that in the Mishnah he was silent!)

(l)

Answer: It means that if he intended Chutz li'Zmano, it is Pasul, and there is no Kares.

2)

CAN WE GATHER BLOOD THAT WAS THROWN?

(a)

Question: According to R. Yochanan, if putting in the wrong place is not like putting in the right place, it should be as if the blood spilled on the floor. He should be able to gather it and put in the proper place!

(b)

Answer: He holds like the opinion that one may not gather it.

1.

(R. Yochanan): All agree that if blood that should be put on top was put on top (or on bottom was put on bottom) improperly (with bad intent), we do not gather it to put it again;

2.

They argue when it was put in the wrong place. R. Yosi says, we do not gather it. R. Shimon says, we gather it (some texts switch the opinions).

27b----------------------------------------27b

3.

Our Mishnah is like R. Yosi.

(c)

(Rav Chisda): All agree that if blood was put on top instead of on bottom, we do not gather it to put it again, and all the more so if it was put on bottom instead of on top (for it would have dripped down to the bottom anyway);

1.

They argue when blood was put on the outer Mizbe'ach instead of the inner Mizbe'ach (or vice-versa - Tzon Kodoshim deletes this from the text). R. Yosi says, we gather it. R. Shimon says, we do not.

(d)

Support (Rav Nachman - Beraisa - R. Yehudah): "Zos Hi ha'Olah" are three exclusions. They teach three cases in which limbs of an Olah which were brought up the ramp go down: it was slaughtered at night, the blood spilled, or the blood left the Azarah.

1.

R. Shimon says "Olah" connotes only a Kosher Olah (its limbs stay on the Mizbe'ach. They are not taken down);

2.

Question: What is the source to include (offering the limbs or Eimurim in) the following cases?

i.

A Korban was slaughtered at night; the blood spilled; the blood left the Azarah; it (the meat) was left overnight; it left the Azarah; it was slaughtered with intent Chutz li'Zmano or Chutz li'Mkomo; Pesulim received and threw the blood; blood was put on top instead of on bottom or vice-versa; blood was put on the outer Mitzvah instead of the inner Mizbe'ach or vice-versa; a Pesach or Chatas that was slaughtered Lo Lishmah.

3.

Answer: "Toras ha'Olah" - the Torah gave one law for everything that is Olah (goes up) on the Mizbe'ach.

4.

Suggestion: Perhaps we include an animal that had relations with a man or woman, Muktzeh (designated for idolatry), Ne'evad (one that was served), the wages of a harlot, an animal traded for a dog, a crossbreed, a Treifah, and a Yotzei Dofen (an animal born through Caesarian section)!

5.

Rejection "Zos" excludes these.

6.

Question: Why do we include the former and exclude the latter, and not vice-versa?

7.

Answer: Each of the former was properly made Hekdesh, and the Pesul is Kodesh (Rashi - after it came to the Mikdash; Shitah Mekubetzes - it is Kosher for other Kodshim)

i.

Each of the latter was not Pesulo Kodesh.

8.

Culmination of support: R. Shimon said that if the blood was put on top instead of on bottom or vice-versa, the Korban is not taken down, and R. Yehudah did not argue.

i.

Because the Mizbe'ach received the blood, this is (partially) Machshir the Korban. Therefore, we would not gather the blood to do Zerikah again.

(e)

(R. Elazar): The inner Mizbe'ach is Mekadesh Pesulim (Pasul Korbanos. If they were put on it, we do not take them down.)

(f)

Question: We already learn this from our Mishnah!

1.

(Mishnah): Blood that should be put on the inner Mizbe'ach...

(g)

Answer: One might have thought that that applies only to blood, which (for certain Korbanos) is put on the inner Mizbe'ach, but it does not Mekadesh a Kometz, for this is never put there;

1.

R. Elazar teaches that it is Mekadesh even a Kometz.

(h)

Question (Beraisa): If foreign Ketores (i.e. other than what the Torah commands) was put on the Mizbe'ach, we take it down. Only the outer Mizbe'ach is Mekadesh Pesulim (of kinds of Korbanos) that are proper for it.

1.

Inference: The outer Mizbe'ach is Mekadesh, but the inner Mizbe'ach is not!

(i)

Answer: We explain the Beraisa as follows. If foreign Ketores was put on the outer Mizbe'ach, we take it down, for the outer Mizbe'ach is Mekadesh only Pesulim of things that are proper for it;

1.

Inference: The inner Mizbe'ach is Mekadesh Pesulim, even if they are not proper for it.

(j)

Question: What is the reason?

(k)

Answer: The Kedushah of the outer Mizbe'ach is like the ground (it was not anointed). The Kedushah of the inner Mizbe'ach is like Klei Shares (it was anointed).

3)

WHAT MAKES PIGUL?

(a)

(Mishnah): If one slaughtered a Korban with one of the following intents, it is Pasul, and there is no Kares:

1.

He intended to throw the blood or part of it Chutz li'Mkomo (outside the Azarah),

2.

He intended to burn the Emurim or part of them Chutz li'Mkomo;

3.

He intended to eat Chutz li'Mkomo (for Kodshim Kalim, outside Yerushalayim; for Kodshei Kodoshim, outside the Azarah) the meat, or a k'Zayis of the meat or skin of the tail.

(b)

If he slaughtered with one of the following intents, it is Pigul, and one who eats the meat is Chayav Kares:

1.

He intended to throw the blood or part of it the following day;

2.

He intended to burn the Emurim or part of them the following day;

3.

He intended to eat on the next day (for a Korban eaten only for one day) the meat, or a k'Zayis of the meat or skin of the tail.

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