ZEVACHIM 44 (13 Sivan) - Dedicated by Elliot and Lori Linzer to commemorate the Yahrzeit of Chaim Yoseph ben Ephraim Henoch ha'Levi z'l.

1)

EATING MA'ASER AND TERUMAH WHILE TAMEI (cont.)

(a)

Defense of Answer #2 (Ze'iri): The Beraisa discusses what we would have thought had the Torah taught both laws (for eating Ma'aser and for Terumah) only in the lenient case (of Tamei Sheretz) or only in the severe law (of Tamei Mes):

1.

Had it taught only lenient Tum'as ha'Guf (Sheretz), i.e. that a Lav forbids a lenient Tamei to eat lenient 'Kodesh' (i.e. Ma'aser) but eating more severe Kodesh (Terumah) is Chayav Misah, one might have thought that similarly, if a severe Tum'as ha'Guf (Tamei Mes) eats lenient Kodesh (Ma'aser) he is Chayav Misah!

2.

Therefore, the Torah had to teach about severe Tum'as ha'Guf also (a Tamei Mes who eats Ma'aser only transgresses a Lav).

2)

PIGUL APPLIES TO ITEMS THAT HAVE MATIRIM

(a)

(Mishnah): Pigul applies to anything that has Matirim that permit it to people or to the Mizbe'ach...

(b)

(Beraisa) Question: Perhaps Kares for eating Kodshim b'Tum'as ha'Guf applies only to Kodshim like Shelamim, that may be eaten for two days and the night in between. What is the source to include Kodshim that must be eaten the same day?

1.

Answer: "Mi'Basar" includes any Korban whose remnants (i.e. after part goes on the Mizbe'ach) are eaten.

2.

Question: What is the source to include Olah? It is totally burned on the Mizbe'ach?

3.

Answer: We learn from "Zevach".

4.

Question: What is the source to include birds, Menachos, and even the Log of oil of a Metzora?

5.

Answer: We learn from "Asher Hem Makdishim Li."

6.

A Gezerah Shavah "Chilul-Chilul" teaches that Nosar applies to all of these. A Gezerah Shavah "Avon-Avon" (from Nosar) teaches that Pigul applies to all of these.

7.

Question: Since we learn that they apply to all Kodshim, why did the Torah specify Shelamim?

8.

Answer: This teaches that Pigul applies only to something that has Matirim that permit it to people or to the Mizbe'ach.

(c)

(Mishnah): It applies to an Olah, for the blood permits the limbs to the Mizbe'ach and the skin to Kohanim;

1.

The blood of Olas ha'Of permits the meat to the Mizbe'ach;

2.

The blood of Chatas ha'Of permits the meat to Kohanim;

3.

The blood of Parim or Se'irim ha'Nisrafim permits the Eimurim to the Mizbe'ach.

(d)

(Continuation of Beraisa): Pigul does not apply to the Kometz, frankincense, Ketores, a (voluntary) Minchah of a Kohen, Minchas Chavitin, Minchas Nesachim, and blood;

1.

R. Shimon says, Pigul applies only to things offered on the outer Mizbe'ach, like Shelamim.

2.

Since (the blood of) Parim or Se'irim ha'Nisrafim is not put on the outer Mizbe'ach (only the Shirayim), one is not liable for them for Pigul.

(e)

Question: The Beraisa said 'Kodshim like Shelamim.' What are these?

(f)

Answer: It refers to Bechor, which is also eaten for two days.

(g)

Question: How do we learn Bechor from Shelamim?

1.

We cannot learn from 'Mah Matzinu' (just like we find regarding Shelamim, the same applies to Bechor). Perhaps Shelamim is different, for it requires Semichah, Nesachim, and Tenufah of the Chazah v'Shok!

(h)

Answer: Rather, we learn from "v'Im He'achol Ye'achel." These are two adjacent Klalim, and the Prat is written after them;

1.

(Rava): Whenever there are two adjacent Klalim, we expound through the method of Klalim and Pratim (i.e. Klal, Prat and Klal) as if the Prat were written between them.

(i)

(Beraisa): We include even the Log of oil of a Metzora.

(j)

Question: Who is the Tana of the Beraisa?

(k)

Answer #1: It is R. Meir;

1.

(Beraisa - R. Meir): Pigul applies to the Log of oil of a Metzora.

(l)

Objection (Seifa of the anonymous Beraisa): It does not apply to... Minchas Nesachim and blood.

1.

This is like Chachamim!

2.

(Beraisa - R. Meir): Pigul applies to Nesachim that accompany a Behemah, because the blood permits them to be offered;

3.

Chachamim: The Nesachim can be brought 10 days after the animal. (You cannot say that the blood permits them!)

4.

R. Meir: I discuss only when the Nesachim are brought on the same day.

(m)

Answer #2 (Rav Yosef): The Beraisa is like Rebbi, who says that the Haza'os of oil permit the remainder, therefore, intent Chutz li'Zmano during the Haza'os is Mefagel the (remaining) oil. (Some say that the Haza'os are on the Paroches. Others say that they are towards the Heichal.)

1.

(Beraisa): The Haza'os of the oil of a Metzora permit the remainder (after putting on the Behonos).

2.

Since the Haza'os permit it, it is possible to be Mefagel during the Haza'os.

i.

(Beraisa): Me'ilah applies to the oil of a Metzora until Zerikah of the blood of the Asham. After Zerikah, one may not benefit from it (mid'Rabanan), but Me'ilah does not apply;

ii.

Rebbi says, Me'ilah applies until the Haza'os.

iii.

All agree that one may not eat until the Haza'os and Matanos on the Behonos.

(n)

Objection (R. Yirmeyah): If the oil comes by itself (not the same day the Asham is brought), all agree that the Haza'os permit it, yet they cannot make it Pigul!

44b----------------------------------------44b

1.

(Beraisa - R. Meir): Pigul applies to the oil of a Metzora, because the blood of the Asham permits the Matanos of oil on the Behonos;

2.

Chachamim: He can bring the oil many days after the Asham!

3.

R. Meir: I say that Pigul applies only when it is brought the same day.

(o)

Defense #1 of Answer #1 (R. Yirmeyah): Really, it is like R. Meir. We must delete 'Nesachim' from the text of the Beraisa.

(p)

Defense #2 of Answer #1 (Abaye): We need not alter the text. The Tana teaches about oil brought the same day as the Asham (that Pigul applies to it), and likewise regarding Nesachim brought the same day as the Korban;

1.

Later, he discusses Nesachim brought by themselves. Pigul does not apply to it, and the same applies to oil brought by itself.

3)

OTHER ITEMS TO WHICH PIGUL APPLIES

(a)

(Mishnah): The blood of Chatas ha'Of permits the meat to Kohanim.

(b)

Question: What is the source of this?

(c)

Answer (Levi - Beraisa): "Kol Korbanam" includes the Log of oil of a Metzora. (The source for Chatas ha'Of is later in this Beraisa.)

1.

We would not have included it from 'Korbanam', because it is not (left over) "Min ha'Esh".

2.

(Continuation of Beraisa): "L'Chol Minchasam" includes the Omer and the Minchah of a Sotah;

i.

Since it says "v'Achlu Osam Asher Kupar Bahem", we would have thought that Kohanim eat only Korbanos that come to atone, but not the Omer (which comes to permit the new grain) or Minchas Sotah (which comes to test whether she is innocent).

3.

"Ul'Chol Chatasam" comes to include Chatas ha'Of;

i.

One might have thought that Kohanim may not eat it, for it is Neveilah (Melikah is not slaughter).

4.

"Ul'Chol Ashamam" comes to include Ashamos of a (Tamei) Nazir and a Metzora;

i.

We would have taught that Kohanim do not eat these, for they do not atone, rather, they enable the Nazir to begin Nezirus Taharah and permit the Metzora to eat Kodshim.

5.

Objection: A Hekesh equates Asham Metzora with Chatas. We already know that Kohanim may eat it!

6.

Correction: Rather, it includes Asham Nazir like Asham Metzora.

7.

"Asher Yashivu" includes Gezel ha'Ger. (If Ploni stole from a convert and swore to deny it, and he wants to do Teshuvah after the convert died without heirs, he brings an Asham and gives the money and an added fifth to the Kohen.)

i.

"Lecha Hu" teaches that the money belongs to the Kohen. He may use it like he wants. He may even be Mekadesh a woman with it.

(d)

(Beraisa - R. Elazar): Pigul (i.e. intent Chutz li'Zmano) in an outer Avodah (i.e. outside the Heichal, but in the Azarah) takes effect. Pigul in an inner Avodah does not take effect;

1.

If one slaughtered (an inner Chatas) outside (in the Azarah) with intent (Chutz li'Zmano) to do Zerikah (an inner Avodah), it is not Pigul;

2.

If one did Haza'ah in the Heichal with intent (Chutz li'Zmano) Lehaktir Eimurim or Lizrok Shirayim (on the outer Mizbe'ach) it is not Pigul;

3.

If he slaughtered outside with intent Lehaktir Eimurim or Lizrok Shirayim, it is Pigul; for the action and intent were both outside.

(e)

(R. Yehoshua ben Levi): He learns from "Ka'Asher Yuram mi'Zevach ha'Shelamim";

1.

Question: (The Eimurim of Par Mashu'ach are explicit in the Torah.) We do not need to learn them from Shelamim!

2.

Answer: Rather, this equates Par Mashu'ach to Shelamim. Just like Shelamim becomes Pigul only through actions and intents concerning the outer Mizbe'ach, also Par Mashu'ach.

(f)

(Rav Nachman): The Halachah follows R. Elazar.

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