QUESTION: The Gemara relates that Rav Asi asked Rebbi Yochanan what the Halachah is in a case in which the Kohen had a thought of Pigul for the "Nishpachin," the "spilled blood."

RASHI (v'Ha Ba'a) explains that Rav Asi was asking about a case in which the Kohen had a thought of Pigul when he spilled the Shirayim (the blood that remains after the Zerikah) on the Yesod of the Mizbe'ach. At that moment, the Kohen had intent to eat the meat of the Korban in the wrong time, Chutz l'Zemano. Is the act of spilling the Shirayim on the Yesod considered an Avodah during which a thought of Pigul will make the Korban become Pigul?

TOSFOS (DH Chishev) disagrees with Rashi's explanation. Tosfos explains that Rav Asi was asking about a case in which some blood spilled from the vessel in which it was received, and the Kohen gathered up that blood and had in mind, at the time of Holachah (bringing the blood to the Mizbe'ach for Zerikah), that he would do Zerikah with that blood Chutz l'Zemano, at the wrong time. Does such a thought make the Korban become Pigul? One Mishnah in Zevachim (25a) states that when blood was spilled on the floor (directly from the animal's neck, as Rashi explains) and then collected, the Korban is invalid. Another Mishnah in Zevachim (32a) states that if the blood was collected in the vessel from the animal and then it spilled on the ground and was collected, the Korban is valid. Rav Asi's doubt is that perhaps since -- when the blood is spilled from the vessel -- the Korban remains valid because the blood can be collected and sprinkled on the Mizbe'ach, this shows that the blood that spilled is still capable of being used for the Avodah, and thus a thought of Pigul will invalidate the Korban. On the other hand, perhaps since there is no Mitzvah to collect the blood that spilled, it is considered as if the blood is going to waste, and therefore a thought of Pigul on that blood will not make the Korban Pigul.

Why does Tosfos say that there is no Mitzvah to collect the blood that fell from the vessel onto the floor? Since the collected blood will have a status of Shirayim once the remaining blood is sprinkled on the Mizbe'ach, it is a Mitzvah to pour that blood on the Yesod. Hence, there is a Mitzvah to collect the blood -- so that the Mitzvah of pouring the Shirayim on the Yesod can be fulfilled!

ANSWER: The KEHILOS YAKOV (Me'ilah #3, DH v'Ulai) suggests that perhaps there is no Mitzvah to collect the blood that spilled, and only if one happened to collect it is there a Mitzvah to pour it on the Mizbe'ach. The Kehilos Yakov refers to a similar concept with regard to the Mitzvah of Kisuy ha'Dam. The Mishnah in Chulin (87b) states that both blood that splattered during Shechitah and blood that remained on the knife must be covered. Rebbi Yehudah says that this requirement applies only when there is no other blood from the Shechitah that one can cover with earth and thereby perform the Mitzvah. If, however, there is other blood left (such as the blood that spilled forth in the normal course of Shechitah), then one is not required to cover the splattered blood and the blood on the knife. The Halachah follows the view of Rebbi Yehudah (see SHULCHAN ARUCH YD 28:15). The GILYON MAHARSHA (on the Shulchan Aruch there) states that even though one is not obligated to cover all of the blood (that is, one does not need to scrape off all of the blood in order to cover it), it still is a Mitzvah l'Chatchilah to attempt to slaughter the bird or animal in a way that will enable all of the blood to be covered.

It is possible that a similar concept applies to the blood of a Korban that spilled. Even though there is no Mitzvah l'Chatchilah to collect it, if one did collect it then there is a Mitzvah to pour it on the Yesod of the Mizbe'ach. (D. Blood)

QUESTION: The Mishnah teaches that for Kodshei Kodashim, Zerikas ha'Dam cause a leniency and a stringency. RASHI explains that the leniency is that before Zerikah, Me'ilah applies to both the Eimurim and the meat of Kodshei Kodashim, and after Zerikah, Me'ilah applies only to the Eimurim and not to the meat. The stringency is that before Zerikah, the Isurim of Pigul, Nosar, and Tamei do not apply, and after Zerikah, all of these Isurim take effect.

In contrast, for Kodshim Kalim, Zerikah causes only stringencies, because before Zerikah, Me'ilah applies to no part of the Korban, and after Zerikah, Me'ilah applies to the Eimurim. Moreover, the Isurim of Pigul, Nosar, and Tamei take effect after Zerikah.

The RAMBAM (in Perush ha'Mishnayos), however, explains that the stringency (Chumra) caused by Zerikah is that "it causes the Isur of Me'ilah to apply to the Eimurim just as it applied before the Zerikah."

Why is the fact that Me'ilah applies to the Eimurim after Zerikah, just as it applies before Zerikah, considered a Chumra?

ANSWER: RAV YAKOV DAVID ILAN (in KENESES RISHONIM, fn. 42, and SHITAH MEKUBETZES, footnote #48*) explains that the reason why the laws of Me'ilah do not apply to the meat of Kodshei Kodashim after Zerikah is not that "their Mitzvah has been performed" (which is usually the reason why the Isur of Me'ilah leaves a part of a Korban). Rather, a Gezeiras ha'Kasuv in the Torah states that Zerikah removes all Me'ilah from a Korban. Accordingly, even the Eimurim of Kodshei Kodashim should be permitted after Zerikah. The reason why Me'ilah still applies is that the Zerikah, which allows the Eimurim to be offered on the Mizbe'ach, causes the laws of Me'ilah to apply to the Eimurim anew. This is the Chumra that is effected by Zerikah of Kodshei Kodashim. (Rav Ilan discusses this proposal at length in his footnotes.)