1) LEAVING "PASUL" ITEMS ON THE MIZBE'ACH
QUESTION: The Mishnah records a dispute between Rebbi Yehoshua and Raban Gamliel with regard to which items the Mizbe'ach is Mekadesh, such that if they are placed upon the Mizbe'ach they may not be removed, even if they are Pasul. Rebbi Yehoshua maintains that only items which would have been burned on the Mizbe'ach had they been valid are allowed to remain on the Mizbe'ach when they are Pasul. Raban Gamliel argues that even an item that was not supposed to be burned on the Mizbe'ach may be left on the Mizbe'ach if it is Pasul. The Mishnah explains that according to Raban Gamliel, even Nesachim (wine libations), which are poured on the Mizbe'ach and not burned, and blood, which is placed on the Mizbe'ach and not burned, may remain on the Mizbe'ach when placed there, b'Di'eved, when they are Pasul.
The Mishnah makes an additional statement in the name of Rebbi Shimon. Rebbi Shimon says that when a Zevach is brought together with its Nesachim, and either the Zevach, the Nesachim, or both are Pasul, the Zevach may remain on the Mizbe'ach but the Nesachim must be removed. The Beraisa later (83b) explains that Rebbi Shimon maintains that the only type of item that may remain on the Mizbe'ach is that which is similar to a Korban Olah, in that it is the item which the person pledged to bring, and not something that must accompany the item which the person pledged to bring. Therefore, the Nesachim -- which are brought only to accompany the Korban which the person pledged to bring -- may not remain on the Mizbe'ach.
Every Korban Olah and Shelamim that a person pledges is accompanied not only by Nesachim, but by a Minchah offering as well. The Nesachim is a set amount of wine libations (which depends on the type of animal), and the Minchah is a set amount of flour offering (which depends on the type of animal). If Rebbi Shimon maintains that an item which accompanies a pledge is not left to remain on the Mizbe'ach when Pasul, then he presumably also maintains that the Kometz of the Minchah -- like the Nesachim -- is removed from the Mizbe'ach if it is Pasul. Why, then, does Rebbi Shimon mention only that the Nesachim are removed from the Mizbe'ach and not that the Minchah -- which should be identical to the Nesachim -- also must be removed from the Mizbe'ach?
ANSWERS:
(a) In the Gemara later (beginning of 84a), Reish Lakish explains that Rebbi Shimon agrees with Raban Gamliel that even an item that is not normally burned on the Mizbe'ach (but is merely placed on the Mizbe'ach) may be left on the Mizbe'ach if it is Pasul. What is his source for this interpretation of Rebbi Shimon's opinion? (See Rashi there, DH l'Divrei Chulan.)
Perhaps Reish Lakish learns this from the words of Rebbi Shimon in the Mishnah. Rebbi Shimon says that Nesachim are removed from the Mizbe'ach, while the Zevach remains on the Mizbe'ach. These words imply that Rebbi Shimon refers specifically to Nesachim which are brought together with a Zevach, and not to Nesachim which are pledged independently. Accordingly, it may be inferred that when the Nesachim are pledged independently, they are left on the Mizbe'ach when they are Pasul. This demonstrates that Rebbi Shimon agrees with Raban Gamliel, who says that Nesachim and blood are left to remain on the Mizbe'ach. It is not consistent with the view of Rebbi Yehoshua, because according to Rebbi Yehoshua, Nesachim -- which are not normally burned on the Mizbe'ach -- are not left on the Mizbe'ach when they are Pasul. 153
Perhaps this is why Rebbi Shimon mentions specifically Nesachim and not Minchah; he wants to show that even Nesachim are to remain on the Mizbe'ach when they are brought independently. It is obvious that a Minchah offering is left on the Mizbe'ach when brought independently, because even Rebbi Yehoshua agrees (since the Kometz of a Minchah offering is normally burned on the Mizbe'ach).
(b) The RAMBAM (in Perush ha'Mishnayos) writes that Rebbi Shimon agrees with Rebbi Yehoshua in the Mishnah (see also BARTENURA). The KEREN ORAH questions this explanation. If Rebbi Shimon agrees with Rebbi Yehoshua, then why does the Beraisa (on 83b) state that Rebbi Shimon requires that the Nesachim be removed from the Mizbe'ach because they are not brought by themselves? Even if they would be brought by themselves, they would be removed from the Mizbe'ach according to Rebbi Yehoshua! Moreover, the Keren Orah points out that this explanation seems to contradict what Reish Lakish says later (on 84a).
The Keren Orah does not answer his first question. However, from the fact that the Rambam makes no mention at all that according to Rebbi Shimon, any item that accompanies a pledge is removed from the Mizbe'ach, it is evident that the Rambam has a different way of understanding the Gemara. Apparently, the Rambam understands that Rebbi Shimon is merely adding to the words of Rebbi Yehoshua, and he is not arguing. The Beraisa (83b) means that Rebbi Shimon is adding to Rebbi Yehoshua's statement and he is saying that even though the Korban which the Nesachim accompany is burned on the Mizbe'ach, this does not suffice to make the Nesachim qualify as something burned on the Mizbe'ach. The Beraisa means that the item itself must be something that is burned, and not that it is merely associated with something that is normally burned on the Mizbe'ach. This is why the Rambam writes that Rebbi Shimon agrees with Rebbi Yehoshua.
According to the Rambam, it is clear why Rebbi Shimon in the Mishnah mentions Nesachim. The Kometz of the Minchah offering, which normally is burned on the Mizbe'ach, indeed would be left on the Mizbe'ach since it is normally burned itself.
The Keren Orah does suggest an answer to his second question. The Gemara later (91b) implies that according to Rebbi Shimon, who maintains that a "Davar she'Eino Miskaven" (an act that is done for a permitted purpose, but which might result in an inadvertent transgression) is permissible, it may be assumed that wine which is donated is not poured into the libation pipes on the Mizbe'ach, but rather the wine is poured directly onto the flames atop the Mizbe'ach. Wine is poured into the pipes only when it comes as an accompaniment (Nesachim) for a Korban. (This concurs with the opinion of Shmuel in the Gemara there.) Since wine that is brought independently is burned according to Rebbi Shimon, he will agree that the wine, when it is Pasul, is left on the Mizbe'ach even though he agrees with Rebbi Yehoshua that only items that are normally burned on the Mizbe'ach may be left there when they are Pasul.
(According to this, when the Gemara (84a) mentions that if not for Reish Lakish's statement, one might have thought that Nesachim which accompany a Zevach are also left on the Mizbe'ach when they are brought on the following day (and not on the same day as the Zevach), the Gemara means that one might have thought that when the Nesachim are brought the following day, they are poured on the flame like Nesachim which are pledged independently.) (M. KORNFELD)