1) WHEN DO "NESACHIM" BECOME "KADOSH"
OPINIONS: The Mishnah discusses the status of Nesachim which became Kadosh in a Kli, and the Korban with which they were being brought became Pasul. The Mishnah says that if a different Korban (that requires Nesachim) is being brought that day, then the Nesachim may be brought with that Korban. If no other Korban is being brought that day, then the Nesachim should be left to become Pasul through Linah (being left overnight).
The Gemara quotes Ze'iri who says that Nesachim become Kadosh only through the Shechitah of the Korban they accompany. This statement seems strange, since the Mishnah clearly says that Nesachim become Kadosh in a Kli. What does Ze'iri mean when he says that Nesachim become Kadosh with the slaughter of the Korban?
(a) RASHI KESAV YAD (DH Ela b'Shechitah) and the BARTENURA say that when the Mishnah says "she'Kidshu b'Kli," it does not mean that the Kli itself causes the Nesachim to became Kadosh. Rather, the Mishnah means that it just happens to be that the Nesachim are in a Kli when the Korban is slaughtered, and it is the slaughter of the Korban that causes the Nesachim to become Kadosh. Consequently, even if the Nesachim were in the Kli and the Korban was not brought for whatever reason, the Nesachim would not have to be left overnight to become Pasul with Linah.
According to Rashi Kesav Yad, the Gemara proceeds to question Ze'iri from the words of the Mishnah which imply that even an invalid Shechitah requires that the Nesachim be left to become Pasul with Linah. The Mishnah seems to contradict Ze'iri, who says that only a valid Shechitah causes the Nesachim to become Kadosh such that they will have to become Pasul with Linah if the Korban is not brought. The Gemara answers that the Mishnah is not discussing a Korban that became Pasul because of an invalid Shechitah, but rather a Korban that became Pasul because of an invalid Zerikah. Since the Shechitah was valid, the Nesachim indeed must be left to become Pasul with Linah.
(b) TOSFOS (DH Ein ha'Nesachim) says that the Kli does confer some degree of Kedushah to the Nesachim. Once the Nesachim are placed in the Kli, they become Kadosh with Kedushas ha'Guf and must be left to become Pasul with Linah if they cannot be brought that day. The Shechitah gives the Nesachim an added degree of Kedushah by exclusively designating the Nesachim for this Korban and for no other Korban.
This explanation seems inconsistent with the Gemara's next question. The Gemara questions Ze'iri's statement from another inference in the Mishnah. The Mishnah implies that if the Korban became Pasul during the Shechitah, the Nesachim still may be used for a different Korban. According to Tosfos, however, Ze'iri agrees that the Nesachim may be used for a different Korban when the Shechitah of the first Korban was done improperly.
Tosfos earlier (15b, DH Efshar) explains the Gemara's question here according to his position. The Gemara's question here is based on the Gemara later (79b) which qualifies the allowance to use the Nesachim for another Korban. The Gemara there says that the Nesachim may be used for another Korban only when that other Korban was slaughtered and has no Nesachim, or because of a special stipulation that Beis Din makes for Nesachim. According to Ze'iri's opinion that the Nesachim are non-transferable only when a valid Shechitah was performed, why does the Gemara need to qualify the Mishnah by saying that another Korban was slaughtered without Nesachim, or that Beis Din makes a special stipulation? This is the Gemara's question on Ze'iri, and this is why the Gemara needs to answer that the Mishnah indeed is discussing a case in which the Korban became Pasul not because of an invalid Shechitah but because of an invalid Zerikah.
The RAMBAM (Hilchos Pesulei ha'Mukdashin 12:6) writes, "When Nesachim became Kadosh in a Kli Shares, and the Korban became Pasul, if it (the Korban) became Pasul at the time of the Shechitah, then the Nesachim did not become Kadosh to be offered." The KESEF MISHNEH explains that the Rambam learns like Rashi, who says that the Nesachim are not Kadosh at all unless a valid Shechitah is performed.
However, the TOSFOS YOM TOV has difficulty with the Kesef Mishneh and argues that the Rambam learns like Tosfos. (See also KEREN ORAH, who gives an entirely different explanation of the Gemara.) (Y. MONTROSE)
79b----------------------------------------79b
2) WHAT ARE UNNECESSARY "TEMIDIN"?
OPINIONS: The Gemara records a dispute between Rebbi Shimon and the Chachamim in the case of unnecessary Temidin. Rebbi Shimon says that such Temidin cannot be redeemed until after they become blemished (with a Mum) and unfit to be offered. The Chachamim say that they may be redeemed even though they have no Mum. What is the case of "unnecessary Temidin"?
(a) RASHI KESAV YAD (and RASHI DH Temidin) explains that every year, at the end of the month of Adar, four sheep are leftover from all of the sheep that were designated to be brought as the Korban Tamid. This is because there are never less than six sheep in the Lishkas ha'Tela'im on any given day, as the Gemara earlier (47b) states, since the sheep must be removed for daily inspection beginning four days prior to being offered as a Korban. On most days, two sheep are brought and two new ones exchanged for them, leaving six sheep. On the last day of Adar, two sheep are brought, but no sheep take their place, and the remaining four sheep cannot be brought as Korbanos, because the Korban Tamid for Rosh Chodesh Nisan must come from the new year's public funds (Terumas ha'Lishkah). Accordingly, four sheep that were designated for the Tamid are leftover. Those are the "unnecessary Temidin."
The SHITAH MEKUBETZES (#4) has difficulty with this explanation. He asks in the name of the SAR MI'KUTZI, why does the Terumas ha'Lishkah not simply "buy" these leftover animals and use them for the Korbanos of the new year?
The MIKDASH DAVID (19:3) is perplexed by the question of the Sar mi'Kutzi. There are no funds with which to buy these animals before Rosh Chodesh Nisan, since the new funds are released only on Rosh Chodesh Nisan!
The YAD BINYAMIN explains the Sar mi'Kutzi's question as follows. The last four animals that remain should not become the property of Hekdesh until Rosh Chodesh Nisan. The animals are placed in the Lishkas ha'Tela'im in order to fulfill the requirement to have at least six animals there, but they are not actually consecrated to Hekdesh until Rosh Chodesh Nisan. The Yad Binyamin proves that the requirement to have six animals in the Lishkah is fulfilled even when Hekdesh does not own the animals. The Gemara in Pesachim (96a) says that the perennial Korban Pesach (as opposed to the Korban Pesach brought by the Jewish people in Mitzrayim) does not need to be separated four days before it is offered. However, the Gemara says that the animal must be examined for four days before it is offered. These two statements seem contradictory: one is not required to purchase an animal for the Korban Pesach four days before Pesach, and yet one is required to examine it for four days before Pesach! It must be that one may examine the animal for four days even when he does not yet own the animal. Similarly, Hekdesh may examine an animal for four days even though it does not yet own the animal. The Yad Binyamin adds that this is implied by Rashi in Pesachim (96a, DH d'Kavasei). (The question of the Shitah Mekubetzes, according to the explanation of the Yad Binyamin, is also asked by the TUREI EVEN in Megilah 29b.)
(b) Rashi cites another explanation. Rebbi Shimon in Shevuos (12a) states that when a Par or Se'ir of Yom Kippur became lost and another animal was designated to take its place, and then the original Par or Se'ir was found, the original animal cannot be brought as a Korban at all, even after Yom Kippur. Similarly, if a Korban Tamid was lost and another animal was brought in its place, the Korban Tamid, when found, may no longer be offered.
The comparison between these two cases seems unclear. It is understandable that a Korban designated to be a special Korban may not be brought as a different kind of Korban. Why, though, should this affect a lost Korban Tamid which was then found, which still can be brought as the exact same Korban (a Korban Tamid) on a different day?
(c) The Shitah Mekubetzes suggests a third explanation. He explains that the Gizbar (treasurer) of Hekdesh miscalculated the need for Korbanos and purchased more sheep than were needed for the Korban Tamid. This is also the approach of RABEINU GERSHOM. (Y. MONTROSE)