1)

WHAT IS SHE'AS HETER?

(a)

Question (Bar Pedas): Does he refer to Heter Shechitah (the Heter created by Shechitah), or Heter Zerikah (the Heter created by Kabalas ha'Dam, making it possible to do Zerikah), or Heter Achilah (the act of Zerikah, which makes it permitted to eat the Korban)?

(b)

Bar Kapara: Chizkiyah and R. Yochanan argue about this:

1.

Answer #1 (Chizkiyah): He refers to Heter Shechitah;

2.

Answer #2 (R. Yochanan): He refers to Heter Achilah.

(c)

Question (R. Zeira): The inference of our Mishnah is unlike both of them (and the Mishnah directly refutes R. Yochanan! The Gemara answers only for R. Yochanan).

1.

(Mishnah): The following had She'as Heter -- it was Lan (left overnight), became Tamei, or was Yotzei.

2.

Suggestion: "Lan" means that the blood was left overnight. There was Heter Zerikah (Kabalah was performed), but no Heter to eat (Zerikah was not performed. This implies that Heter Shechitah is not enough to remove Me'ilah, unlike Chizkiyah, and Zerikah is not necessary to remove it, unlike Rebbi Yochanan!)

(d)

Answer: No, the meat was left overnight. Valid Zerikah was done. Therefore, there is no Me'ilah. (There was Heter Achilah.)

(e)

Question (Mishnah): The following never had She'as Heter -- it was slaughtered Chutz li'Zemano or Chutz li'Mekomo, or Pesulim did Kabalah and they did Zerikah.

1.

Question: What is the (last) case?

2.

Answer #1: Pesulim did Kabalah and also Zerikah.

3.

Objection: Why must we say that Pesulim did both? The Korban is already Pasul from their Kabalah!

4.

Answer #2: Pesulim did Kabalah, and Kesherim did Zerikah.

5.

Inference: In such a case there is Me'ilah (but if Kesherim did Kabalah, even if Pesulim did Zerikah, there is no Me'ilah, for there was Heter Zerikah). This shows that he refers to Heter Zerikah!

(f)

Answer #1 (Rav Yosef, for R. Yochanan): If this inference is valid, it should also apply to the Mishnah of Kibus (laundering)!

1.

(Mishnah #1): If blood of a Pasul Chatas spurted onto a garment, Kibus is not required, whether or not it had She'as ha'Kosher;

i.

The following Chata'os had She'as ha'Kosher and became Pesulim -- the blood became Pasul due to Linah, Tum'ah or Yotzei;

ii.

The following Chata'os never had She'as ha'Kosher -- it was slaughtered Chutz li'Zemano or Chutz li'Mekomo, or Pesulim did Kabalah and (they did) Zerikah.

2.

Question: What is the (last) case?

3.

Answer #1: Pesulim did Kabalah and also Zerikah.

4.

Objection: This implies that had Kesherim done Zerikah, Kibus would be required. However, "va'Asher Yizeh mi'Damah," teaches that Kivus is not needed for blood that was already thrown (even for a valid Chatas)!

5.

Answer #2: Rather, Mishnah #1 is imprecise. (The same applies if Kesherim did Zerikah.)

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

6.

Summation of Answer (f): Likewise, our Mishnah is imprecise. (Even if Kesherim did Kabalah, if Pesulim did Zerikah, there is Me'ilah, because) we require a Heter to eat.

(g)

Objection (Rav Asi): It is unreasonable that the clause was taught in two places, and is not precise in either! (Tosfos - if our Mishnah is precise, it is reasonable that Mishnah #1 uses the same words, even though it is not precise.)

(h)

Answer #2 (Rav Asi): Really, our Mishnah is precise. (If Kesherim did Kabalah, Me'ilah would not apply. Heter Zerikah is required);

1.

Version #1 (Rashi, and somewhat more clear in Perush Kadmon (A)): (Even though also Zerikas Kesherim is exempt from Kibus,) Mishnah #1 mentions Kabalas and Zerikas Pesulim to teach that a Pasul's act of Kabalah and Zerikah makes the other blood Shirayim;

2.

Version #2 (Tosfos): Our Mishnah mentions Zerikas Pesulim to teach that a Pasul makes Shirayim; (end of Version #2)

i.

Even if there is more Dam ha'Nefesh in the animal, Kabalas and Zerikah by a valid Kohen will not accomplish anything (Rashi - Kibus does not apply; Tosfos - it cannot be Machshir the Korban).

(i)

Question: R. Yochanan taught differently!

1.

Question (Reish Lakish): If a Pasul did Zerikah, does he cause the remaining blood to be Shirayim?

2.

Answer (R. Yochanan): The only Pesulim that make Shirayim are Chutz li'Zemano (and Chutz li'Mekomo), since it is Meratzeh for Pigul (like a proper Zerikah. Chutz li'Mekomo is equated to Chutz li'Zemano).

3.

Inference: (Any other) Pasul [who did Avodah without improper intent] does not make Shirayim!

(j)

Answer: No, (even) a Pasul makes Shirayim.

(k)

Question: R. Yochanan said "the only Pesulim... "!

(l)

Answer: He means, the only Pesulim that are not Meratzeh (valid for Avodah) b'Tzibur that make Shirayim are Chutz li'Zemano and Chutz li'Mekomo;

1.

Teme'im, who are Meratzeh b'Tzibur (l'Chatchilah, if there are no Tehorim) also make Shirayim;

2.

Other Pesulim, who are never Meratzeh b'Tzibur, do not make Shirayim. (We conclude that when Rav Asi said that a Pasul's act of Kabalah and Zerikah makes the remaining blood Shirayim, he referred to the Pesul of a Tamei Kohen.)

(m)

Question (Beraisa): Me'ilah always applies to Pigul.

1.

Suggestion: This refers to before (Tosfos (DH u'Mai) - or after) Zerikah;

2.

(Before Zerikah, Kabalas Pigul is not considered as if it was thrown, but Kabalas Kosher is as if it was thrown) This shows that Heter Zerikah is required! (Tosfos - after Zerikah, it teaches that Zerikas Pigul does not uproot Me'ilah.)

(n)

Answer: No, it is (Tosfos - only) after Zerikah.

(o)

Question: Why does it say "Me'ilah always applies"?

(p)

Answer: This teaches Rav Gidal's law:

1.

(Rav Gidal): Zerikas Pigul does not remove Me'ilah from Kodshei Kodashim, and it does not cause Me'ilah to apply to Kodshim Kalim.

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