1) BLOODS OF DIFFERENT KORBANOS THAT BECAME MIXED TOGETHER
QUESTION: The Beraisa discusses various cases in which one type of Korban became mixed with another type, and the identity of each Korban is unknown. Specifically, the cases are a Korban Yachid that became mixed with another Korban Yachid, a Korban Tzibur that became mixed with another Korban Tzibur, and a Korban Yachid and a Korban Tzibur that became mixed with each other. The Beraisa states that one must perform four Haza'os from the blood of each Korban. This Halachah applies, however, only when the blood of each Korban is in its own vessel and has not been mixed with the blood of another Korban. If the bloods of the various animals have been mixed together, then only four Haza'os are done altogether, for all of the Korbanos.
What is the first part of the Beraisa teaching? It is obvious that as long as the bloods have not become mixed, they should not be mixed, but rather separate Haza'os should be performed for each Korban! (TAHARAS HA'KODESH)
ANSWER: In the case of a Korban Yachid that became mixed with a Korban Tzibur, there is a strong reason to suggest that it is preferable to mix the bloods of the two animals together. The Halachah is that a Korban Tzibur has precedence over a Korban Yachid because of the principle of "Tadir v'she'Eino Tadir, Tadir Kodem" -- that which comes more frequently takes precedence. A Korban Tzibur, such as a Korban Tamid, comes more frequently than a Korban Yachid, and, therefore, when the two Korbanos are waiting to be offered, the blood of the Korban Tzibur should be placed on the Mizbe'ach before the blood of the Korban Yachid. Accordingly, in the case of a Korban Yachid and a Korban Tzibur that became mixed and are unidentifiable from each other, there is reason to say that the bloods of the two Korbanos should be mixed and their Zerikas ha'Dam performed together, so that the blood of the Korban Yachid not be placed on the Mizbe'ach before the blood of the Korban Tzibur. The reason why this logic does not apply is due to another principle, "Ein Osin Mitzvos Chavilos Chavilos" -- we do not make "bundles" out of Mitzvos, but rather we perform each one separately.
This answer is problematic. The TAHARAS HA'KODESH points out that the law is that the Kohen is to forgo the entire Zerikas ha'Dam of a Korban in order to avoid violating the Halachah of precedence, and therefore the Halachah of precedence should override the concern for "Ein Osin Mitzvos Chavilos." The Mishnah later (81b) discusses a case in which blood that is supposed to be placed on the Mizbe'ach ha'Chitzon becomes mixed with blood that is supposed to be placed on the Mizbe'ach ha'Penimi. This poses a dilemma. If the Kohen places both bloods on the outer Mizbe'ach first, then he will be violating the rule that the Avodah done with the inner Mizbe'ach precedes that done with the outer Mizbe'ach. On the other hand, he cannot place both bloods on the inner Mizbe'ach first, because if the blood that was supposed to be placed on the outer Mizbe'ach is that of a Korban Chatas, then the Korban will become Pasul by having its blood placed on the inner Mizbe'ach (as the verse states, Vayikra 6:23). In such a case, the Halachah is that both bloods are cast into the Amah and the Korban is Pasul. This case shows that in order to avoid violating the principle of precedence, the Kohen is to let the Korban become Pasul.
Why, then, does the Beraisa here not suggest that the bloods be mixed in order to avoid risking a violation of the principle of precedence? If, as the Mishnah later (81b) teaches, the Kohen is supposed to throw out the blood in order to avoid violating the precedence of the Korbanos, then in this case he certainly should mix them!
There are two possible answers to this question.
1. In the case of the Beraisa here, it is merely a possibility that the Zerikas ha'Dam of the less-frequent Korban will be performed first. It might happen that the blood of the Korban Tzibur will be placed on the Mizbe'ach first, and thus the principle of precedence will not be violated. In the case of the Mishnah later (81b), if the bloods will be placed on the outer Mizbe'ach first, then the principle of precedence certainly will be violated, and, therefore, the bloods are cast into the Amah.
2. The requirement of the precedence of something that is more frequent ("Tadir") applies only when it is possible to preserve the precedence by performing the act now. If the act which is "Tadir" is not ready now to be performed, or there is some reason for not performing it now, then there is no requirement to wait. Rather, the less-frequent act may be performed right away. This is because the Torah does not establish a specific order in which those Korbanos must be offered. Rather, the Torah says that if there are two Mitzvos ready and available to be done, one must give precedence to the one which is Tadir. Therefore, when the bloods are mixed and there is no way of knowing which blood came from the Korban which is "Tadir" and which blood came from the Korban which is not "Tadir," the requirement of precedence does not apply.
In contrast, the precedence of an Avodah done with the Mizbe'ach ha'Penimi over an Avodah done with the Mizbe'ach ha'Chitzon is different. There is an obligation to bring the blood upon the inner Mizbe'ach first, even if that means delaying the blood of the outer Mizbe'ach until the blood of the inner Mizbe'ach is ready. Here, the Torah does prescribe a specific order for the Avodos, and it is not only a question of precedence when both Mitzvos are ready and available. Therefore, in the case of the Mishnah later (81b), although the Kohen is unable to perform the Avodah of the Mizbe'ach ha'Penimi first, he still cannot perform the Avodah of the Mizbe'ach ha'Chitzon before that of the Mizbe'ach ha'Penimi, and thus the bloods must be poured into the Amah. (Mordechai Zvi Dicker)
75b----------------------------------------75b
2) THE PROHIBITION AGAINST CAUSING A KORBAN TO BECOME "PASUL" PREMATURELY
QUESTION: The Gemara discusses the principle of "Ein Mevi'in Kodshim l'Veis ha'Pesul" -- we may not cause an item of Kodshim to become Pasul before its allotted time. Accordingly, a Korban Shelamim cannot be offered with the stringencies of a Korban Asham, because a Shelamim is eaten for two days and one night, while an Ashem is eaten for only one day and one night, and by offering the Shelamim with the stringencies of an Asham one causes it to become Pasul before its allotted time.
The Gemara teaches that this principle also applies to items of Terumah. One may not purchase foods of Terumah with money of Shevi'is (money received in exchange for fruits of Shevi'is), because the Terumah will acquire the Kedushah of Shevi'is, and, consequently, it will need to be eaten or destroyed before the time of Bi'ur, thus limiting the time it may be eaten.
Is this principle a Halachah d'Oraisa, or is it a decree instituted by the Rabanan?
ANSWER: The MABIT in KIRYAS SEFER ((Hilchos Pesulei ha'Mukdashin #6) states that the principle of "Ein Mevi'in Kodshim l'Veis ha'Pesul" is only mid'Rabanan. Mid'Oraisa, one may offer a Korban Shelamim with the stringencies of a Korban Asham.
This view, however, seems to contradict the Gemara in Bechoros. The Gemara in Bechoros (12b) says that a dough made from flour of Shevi'is should be exempt from the laws of Chalah. Such dough should exempt from Chalah, presumably because the Chalah might become Tamei, and Chalah that is Tamei must be burned and may not be eaten, and it is improper to burn an item of Shevi'is (because this would constitute bringing Kodshim (the item of Shevi'is) to Beis ha'Pesul). When the Gemara there says that Shevi'is is exempt from Chalah (which is a Chiyuv d'Oraisa), the Gemara implies that, mid'Oraisa, we are not supposed to cause a possible loss to Kodshim. Similarly, causing Kodshim to become Pasul before its time should be included in this d'Oraisa law.
The MINCHAS SHLOMO (#39) answers by giving a different explanation for the Gemara in Bechoros. The Gemara there does not mean that dough of Shevi'is should be exempt from Chalah because of the possibility that it might become Tamei and need to be burned. Rather, the Gemara means that if the dough would become Tamei now, there would be no obligation to separate Chalah because doing so would be causing Shevi'is products to be burned for certain (since, nowadays, when there is no Beis ha'Mikdash, all items of Chalah are burned). Therefore, the Gemara says that there is no requirement to separate Chalah even when the dough is Tahor, because of a Hekesh between Chalah that is Tahor and Chalah that is Tamei. (Mordechai Zvi Dicker)
3) EXCEPTIONS TO THE PROHIBITION AGAINST CAUSING A KORBAN TO BECOME "PASUL" PREMATURELY
OPINIONS: The Gemara discusses the principle of "Ein Mevi'in Kodshim l'Veis ha'Pesul" -- we may not cause an item of Kodshim to become Pasul before its allotted time. Accordingly, a Korban Shelamim cannot be offered with the stringencies of a Korban Asham, because a Shelamim is eaten for two days and one night, while an Ashem is eaten for only one day and one night, and by offering the Shelamim with the stringencies of an Asham one causes it to become Pasul before its allotted time.
The Gemara teaches that this principle also applies to items of Terumah. One may not purchase foods of Terumah with money of Shevi'is (money received in exchange for fruits of Shevi'is), because the Terumah will acquire the Kedushah of Shevi'is, and, consequently, it will need to be eaten or destroyed before the time of Bi'ur, thus limiting the time it may be eaten.
Are there any exceptions to the principle of "Ein Mevi'in Kodshim l'Veis ha'Pesul"?
(a) The RAMBAM (Hilchos Shemitah v'Yovel 5:4) writes that small amounts of Shevi'is produce may be cooked together with Terumah, since it will be eaten right away and will not be left around for such a long time (until the time of Bi'ur) that it will become unfit for eating. This ruling is based on the Yerushalmi.
In the case of a Korban, when one limits the time for eating only a small amount of meat, he is not considered to be causing Kodshim to become Pasul. The RAMBAM (Hilchos Pesulei ha'Mukdashin 6:10) writes this with regard to the Korban of a Nazir that became mixed with a Korban Todah. Although the Zero'a Beshelah of a Nazir is permitted only to Kohanim, the Shelamim still is offered with the stringency of restricting its Zero'a to Kohanim. This is because the restriction affects only a small part of the Korban.
The MINCHAS SHLOMO (#39) understands that this exception is consistent with the Rambam's other exception, that small amounts of Shevi'is produce that can be eaten immediately are not subject to the principle of "Ein Mevi'in Kodshim l'Veis ha'Pesul." In the case of the Korban of a Nazir, the Zero'a Beshelah can (and will) be eaten immediately by the Kohanim and it will not be left to become Pasul.
(b) Others, however, explain that the Rambam's ruling with regard to the Korban of a Nazir that become mixed with a Korban Todah is unrelated to the Rambam's earlier ruling regarding Shevi'is foods that will be eaten immediately. The CHASAM SOFER (YD 114) explains that in the case of the Korban of a Nazir that became mixed with a Korban Todah, there are two possibilities for what to do. The first option is to leave both Korbanos to graze and become blemished, so that they may be redeemed and new animals purchased and offered. The second option is to offer both animals with the risk of losing the Mitzvah to eat part of the Korban. In this case, it is preferable to offer both even though a small part of the Todah might not be eaten (and become Pasul), instead of losing the Korbanos entirely.
The CHANUKAS HA'BAYIS (#27) explains the words of the Chasam Sofer as follows. The Rambam rules that when only a part of the Korban is brought closer to Pesul, the prohibition does not apply. This is because the primary responsibility is to ensure that the Mitzvah of Achilah is done with the Korban. Losing a few k'Zeisim of the Korban does not entirely eliminate the Mitzvas Achilah. As long as most of it is eaten, the Mitzvah is fulfilled. Therefore, in the case of a Korban Nazir mixed with a Korban Todah, in order not to lose the entire Korban, it suffices that the Mitzvah is done with a majority of the Korban so that the Mitzvas Achilah not be lost entirely. (Mordechai Zvi Dicker)