1)

DISQUALIFIED KOHANIM (Yerushalmi Terumos Perek 8 Halachah 1 Daf 40b)

ø' éåçðï áùí ø' éðàé æä àçã îï â' î÷øàåú ùäï îçååøéï áúåøä åáàú àì äëäï àùø éäéä áéîéí ääí åëé éù ëäï òëùéå åàéï ëäï ìàçø æîï åàéæä æä ùäéä òåîã åî÷øéá ò''â äîæáç åðåãò ùäåà áï âøåùä àå áï çìåöä ùòáåãúå ëùéøä

(a)

(R. Yochanan citing R. Yannai): This is one of three clear pesukim expounded about Terumah - the pasuk states (Devarim 26:3), "And he shall come to the Kohen that will be in those days''. Is there someone who is a Kohen now but will not be a Kohen later? It's referring to one who is sacrificing on the altar and who is informed that he is the son of a divorcee or of one who performed Chalitzah (a Chalutzah) - his service is valid.

àîø øá åôåòì éãéå úøöä ëì ùäåà îæøòå ùì ìåé òáåãúå ëùéøä

(b)

(Rav): The pasuk states (Devarim 33:11), "and favorably accept the work of his hands'' - whoever is a descendent of Levi, his service is valid (if it was mistakenly done by one who is disqualified).

òì ãòúéä ãøá åáìáã ëäï î÷øéá åòì ãòúéä ãø' éåçðï åàôé' ëì ëäï

(c)

According to Rav, it's as long as it was done by a Kohen who was serving (thinking that he was permitted to do so). According to R. Yochanan, it applies to any Mitzvah that requires a Kohen (for example, making a ruling if someone has Tzora'as (leprosy)).

òì ãòúéä ãøá åáìáã á÷ãùé î÷ãù òì ãòúéä ãø' éåçðï åàôéìå á÷ãùé äâáåì

(d)

According to Rav, the pasuk applies to offering sacrifices. According to R. Yochanan, it applies even to other laws (such as our Mishnah's case of a Kohen who ate Terumah and then discovered that he was disqualified from eating).

[ãó òá òîåã à (òåæ åäãø)] òì ãòúéä ãøá åáìáã áùòú î÷ãù òì ãòúéä ãøáé éåçðï åàôéìå áæîï äæä

(e)

According to Rav, it only applies in Temple times. According to R. Yochanan, it even applies nowadays.

øáé éøîéä áòé åàó ìùàø äãáøéí ëï î÷áì åàç''ë æåø÷ ÷åîõ åàç''ë î÷èéø [ãó îà òîåã à] ùåøó åàçø ëê îæä.

(f)

Question (R.Yirmiyah): Does R. Yehoshua permit other acts after the fact as well? For example, if a Kohen received the blood of a sacrifice and then discovered that he was disqualified, can that blood be thrown? If he took the handful of incense and then discovered that he was disqualified, can that incense be burned? If he burned the Parah Adumah (Red Heifer) and then discovered that he was disqualified, can those ashes be used to sprinkle on a Tamei person?

ø' éò÷á áø æáãé áùí øáé éöç÷ îï îä ãúðé òùå àåúä ëçèàú âæåìä ùìà ðåãòä ìøáéí ùäéà îëôøú äãà àîøä ùäåà î÷áì åàçø ëê æåø÷ ÷åîõ åàçø ëê î÷èéø ùåøó åàçø ëê îæä

(g)

Answer (R. Yaakov bar Zavdi): From the Baraisa's teaching, that when a Kohen discovered that he was disqualified, they viewed it like a stolen Chatas offering that was not known to the public and it achieves atonement; this shows that all of those acts are permitted after the fact.

øáé éò÷á áø æáãé áùí ø' éöç÷ ùàì äéä òåîã åî÷øéá òì âáé äîæáç åðåãò ìå ùäåà áï âøåùä àå áï çìåöä îä àú òáéã ìéä ëîé ùäåà îú åéçæåø äøåöç ìî÷åîå àå ëîé ùðâîø ãéðå áìà ëäï âãåì åàéðå éåöà îùí ìòåìí

(h)

Question (R. Yaakov bar Zavdi citing R. Yitzchak): (The Mishnah in Maseches Makos teaches that if an inadvertent killer's verdict of exile occurred when there was no Kohen Gadol, he can never leave the City of Refuge.) If the Kohen Gadol was standing and sacrificing on the altar and he discovered that he was the son of a divorcee or a Chalutzah, what's the law? Is it as if he died now and the killer can go free; or is it as if the killer's verdict was at a time when there was no Kohen Gadol and he can never leave?

ðéùîòðä îï äãà îòùä áîâåøú ùì ãéñ÷é áéáðä ùðôâîä åðîããä åðîöàú çñéøä åäéä ø' èøôåï îèäø åø' ò÷éáä îèîà

(i)

Answer (Tosefta): There was a case of Diski's pool in Yavneh, when some of the water came out and it was measured and was less than 40 Se'ah. R. Tarfon ruled that anything immersed in it beforehand was Tahor (as it could be assumed that the water came out now). R. Akiva rueld that they are Tamei.

[ãó òá òîåã á (òåæ åäãø)] à''ø èøôåï äî÷åä äæä áçæ÷ú èäøä ìòåìí äåà áèäøúå òã ùéåãò ùçñø

1.

(R. Tarfon): The Mikveh is assumed to have always been Tahor until it was known that it was incomplete.

à''ø ò÷éáä äèîà äæä áçæ÷ú èåîàä ìòåìí äåà áèåîàúå òã ùéåãò ùèäø

2.

(R. Akiva): The item that was immersed is assumed to have been Tamei until it was known that it was correctly immersed.

à''ø èøôåï ìîä æä ãåîä ìòåîã åî÷øéá ò''â äîæáç åðåãò ùäåà áï âøåùä àå áï çìåöä ùòáåãúå ëùéøä

3.

(R. Tarfon): It's comparable to one who was standing and sacrificing on the altar and it was discovered that he was the son of a divorcee or a Chalutzah, that his service is valid.

à''ø ò÷éáä ìîä æä ãåîä ìòåîã òì âáé äîæáç åðåãò ùäåà áòì îåí ùòáåãúå ôñåìä

4.

(R. Akiva): It's comparable to one who was standing on the altar and he was informed that he is a Ba'al Mum (he had a defect that renders him disqualified to serve), that his service is invalid.

à''ì ø''è îä æå ò÷éáä àðé îãîä ìéä ìáï âøåùä åàú îãîä ìéä ìáòì îåí ðøàä ìîé ãåîä àí ìáï âøåùä äåà ãåîä ðìîãðå îáï âøåùä åàí ìáòì îåí äåà ãåîä ðìîãðå îáòì îåí

5.

(R. Tarfon to R. Akiva): I compare it to the son of a divorcee and you compare it to a Ba'al Mum. To who is it correct to compare?

àîø ìéä ø' ò÷éáä î÷åä ôñåìå áâåôå åáòì îåí ôñåìå áâåôå åàì éåëéç áï âøåùä ùôñåìå îàçøéí î÷åä ôñåìå áéçéã åáòì îåí ôñåìå áéçéã åàì éåëéç áï âøåùä ùôñåìå áá''ã åðéîðå òìéå åèîàåäå

6.

(R. Akiva to R. Tarfon): A Mikveh is itself invalid and so is a Ba'al Mum, as opposed to the son of a divorcee whose disqualification comes from others. A Mikveh becomes invalid through one witness and so does a Ba'al Mum, as opposed to the son of a divorcee, who is only disqualified through a decision of Beis Din.

à''ø èøôåï ìø''ò äôåøù îîê ëôåøù îçééå

7.

(R. Tarfon to R. Akiva): One who separates from you is like separating from life.

à''ø éåñé æàú àåîøú äéä òåîã åî÷øéá ò''â äîæáç åðåãò ùäåà áï âøåùä àå áï çìåöä ùòáåãúå ëùéøä òã ùéåôñì áá''ã

(j)

(R. Yosi): This shows that if a Kohen was standing and serving on the altar and it was discovered that he was the son of a divorcee or a Chalutzah, his service is valid until he is disqualified by Beis Din.

äãà àîøä ñô÷ èîà ñô÷ áòì îåí òáåãúå (ëùéøä)[ôñåìä] ãàú îãîé ìéä ìáï âøåùä ìáï çìåöä àáì àí îãîé ìä ìáòì îåí òáåãúå ôñåìä åî÷åä ìàå ñô÷ äåà

(k)

The Baraisa also shows that if a Kohen served on the altar and then discovered that he had a doubtful Tumah or he was a doubtful Ba'al Mum, even according to R. Tarfon, his service is invalid. The reason that R. Tarfon permitted it in the case of the Mikveh was because it was compared to a Kohen who was found to be the son of a divorcee; but had he compared it to a Ba'al Mum, even the Mikveh would have been invalid. It was doubtful if the Mikveh was lacking and if you say that a doubtful Ba'al Mum's service is valid, you would need to say the same for the Mikveh.

à''ø çðéðà [ãó îà òîåã á] æàú àåîøú ôñåì îùôçä öøéê á''ã.

(l)

(R. Chanina): The Baraisa also shows that a disqualification due to lineage requires Beis Din to rule on it.

à''ø éåçðï îä ôìéâéï áòáã åàùä àáì áùàø ãáøéí àó ø''à îåãé

(m)

(R. Yochanan): R. Eliezer and R. Yehoshua disagree over a slave and a woman (who began eating Terumah with permission. R. Yehoshua says there that since they began with permission, they may swallow it.) But for other things, such as when he was informed that he was a Chalal, even R. Eliezer agrees that he must spit it out (as the disqualification is retroactive).

[ãó òâ òîåã à (òåæ åäãø)] à''ø ùîåàì áø øá éöç÷ îúðé' àîøä ëï àå ðåãò ùäåà èáì àå îòùø øàùåï ùìà ðèìä îîðå úøåîúå àå îò''ù åä÷ãù ùìà ðôãå åìéú ø''à ôìéâ î''è ãø''à îëéåï ùäúçéì áäéúø

(n)

(R. Shmuel bar Rav Yitzchak): Our Mishnah also teaches this (Chulin 93-2(e)), as it says, "or he was informed that it was Tevel, Maaser Rishon that had not had its Terumah taken or Maaser Sheni or Hekdesh that had not been redeemed (or if he tasted the taste of a flea in his mouth, he should spit it out.) And R. Eliezer doesn't disagree there - he only permits in the case of the slave and the woman because they had started eating when it was permitted (but here it was prohibited).

úðé ø' ðúï àåîø ìà ùäéä ø''à àåîø îùåí ùäúçéì áå áäéúø àìà ùäéä ø''à àåîø äìòåñ ëáìåò

(o)

Baraisa (R. Nasan): That's not his reasoning - rather it's because when one chews on food, it's as if he has already swallowed it.

àó áùáú ëï àó áôñç ëï àó áéä''ë ëï àó áðæéø ëï àó áðáéìåú ëï àó áèøôåú ëï àó áù÷öéí ëï àó áøîùéí ëï

1.

The same is true for Shabbos (that if a person went out into the public domain chewing food, he has not transgressed as it's considered to have already been swallowed) and for Pesach (if he entered into Pesach with chewed Chametz in his mouth) and for Yom Kippur and for a Nazir (with chewed grapes in his mouth) and for Neveilos and for Treifos and for creeping things and for insects.

ø' çééà áùí ø' éåçðï äùåçè áäîä åîöà áä ù÷õ àñåø áàëéìä îä èòîà áäîä ááäîä úàëìå åìà ù÷õ ááäîä úàëìå

(p)

(R. Chiya citing R. Yochanan): If one slaughters an animal and finds a creeping thing in (its lung), it may not be eaten. Why? The pasuk states (Devarim 14:6), "And every animal... among (lit. in) the animals that you may eat'' - but not a creeping thing in the animal.

à''ø éåðä øáé äåùòéà áòé îä áéðä ìáéï æéæéï ùáòãùéí ìéúåùéí ùáëìéñéï ìúåìòéí ùáúîøéí åùáâøåâøåú

(q)

Question (R. Yona in the name of R. Hoshiya): How is it different to fleas found inside lentils, fleas in Kelisin beans and worms in dates and figs, that as long as they didn't separate from the food and move on the ground (as the Torah describes them as things that creep on the ground), one would not be liable for eating them?

úîï (á)[ë]âåôéäï (äï) áøí äëà àéðå (á)[ë]âåôå

(r)

Answer: There, as long as they haven't separated, they are considered part of the lentil, but a creeping thing inside an animal doesn't grow inside the animal.

äãéï öéøà îåøééñà òã ùìà éöìéì ùøé îãäåà öìéì àñåø

(s)

A flea that grows inside fish brine (that contains fish blood) before it was filtered, (its blood is not viewed as a separate entity and) it is permitted; after it has been filtered, it is prohibited.

ãí ùòì äëëø âåøøå åàåëìå åàí äéä îáéï ùéðéå àåëìå åàéðå çåùù

(t)

Tosefta: Blood (from one's gums) that is on a loaf of bread, he should scrape it off and he may eat it. Blood that is still between his teeth is permitted to swallow without concern.

ù÷õ [äåà ìøáåú] ùáæéæéï åáæáéæéï åáäâæéï åáù÷öéí åáøîùéí

(u)

The pasuk states (Vayikra 11:41), "(And any creeping thing that creeps on the ground) is an abomination; (it shall not be eaten)'' - this includes Shavzizin, Bazizin and Bahgazin (which are different types of fleas).

éëåì áæîï ùäï áôøé ú''ì (èîàéí)[ù÷õ] äí áæîï ùäï áôðé òöîï åìà áæîï ùäï áôøé

1.

I might have thought that they are prohibited whilst still in the fruit, but the next pasuk states, "they are an abomination'', which teaches that they are only prohibited when they are separate entities, but not whilst still in the fruit.

éëåì àôéìå éöàå åçæøå ú''ì (èîàéí äí)[ù÷õ äåà] åàôéìå éöàå åçæøå

2.

I might have thought that even if they left and then returned to the fruit, they are not prohibited; the pasuk states, "it's an abomination''- even if they left and returned, they remain prohibited.

øá çééà áø àùé áùí øá àôéìå éöàå òì ùôú àåëì åçæøå äøé àìå àñåøéï

(v)

(R. Chiya bar Ashi citing Rav): Even if they went out to the edge of the food and then returned, they are prohibited.

[ãó òâ òîåã á (òåæ åäãø)] àáà áø øá äåðà áùí øáé éåçðï äùåçè áäîä åîöà áä çæéø îåúø áàëéìä (åøáé) éåðä (àîø) àñåø áàëéìä

(w)

(Abba bar Rav Huna citing R. Yochanan): One who slaughters an animal and finds something with the appearance of a Chazir (pig) inside it, it may be eaten. If it's the appearance of a dove, it is prohibited.

îä èòîà áäîä ááäîä úàëìå åìà òåó ááäîä úàëìå åìà ù÷õ ááäîä úàëìå.

(x)

Why? The pasuk states "an animal...in an animal you may eat'' but not a bird or creeping thing in an animal.

åìà ñåó ãáø ôùôù àìà ëì ãáø ùðôùå ùì àãí çúä îîðå:

(y)

(The Mishnah taught (Chulin 93-2(e)) that if a person discovered a flea in his mouth whilst eating Terumah, he may spit the Terumah out, even though it will be wasted). This applies not only a flea but to anything that a person is disgusted by.