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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Horayos 6
HORAYOS 6 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard
Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and
sons-in-law.
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1) "PARIM" THAT WERE BROUGHT FOR IDOLATRY
(a) (Beraisa - R. Shimon) Question: Why does it say "You will
take a second Par for a Chatas" - we already know that
one is an Olah, one is a Chatas!
(b) Answer: One might have thought that the Chatas may be
eaten by the (Maharsha - Kohanim, who are called) Levi'im
- "A second Par" teaches that it is like the Olah, which
is not eaten.
(c) R. Yosi says, similarly, "Those that returned from exile
(in Bavel) offered Olos...12 Parim...all were Olos".
(d) Question: The verse says "12 goats (were) Chata'os"!
(e) Answer: Rather, just as Olos are not eaten, also these
Chata'os.
(f) (Beraisa - R. Yehudah): The Korbanos were brought for
idolatry.
(g) (Rav Yehudah): The idolatry was done in the days of
Tzidkiyahu (at the end of the first Mikdash).
(h) Question: According to R. Yehudah, we understand why
there were 12 Se'irim - the 12 Shevatim sinned, or the
majority; the other Shevatim brought on account of the
sinners.
1. We can also explain according to R. Shimon - 11
Shevatim sinned, and Beis Din brought one.
2. But according to R. Meir, only Beis Din brings - why
were 12 brought?
(i) Answer #1: They sinned 12 times (on account of 12
mistaken rulings of Beis Din).
(j) Question: The sinners died, how could a later generation
bring the Korbanos!
(k) Answer #1 (Rav Papa): Regarding an individual's Chatas,
if the owner died, the Chatas must die - this does not
apply to a Tzibur.
1. Question: Why not?
i. Suggestion: "Your children will be in place of
your fathers".
ii. Rejection: If so, this should apply even to an
individual!
2. Answer #1: We learn from the Chata'os of Rosh
Chodesh:
i. The Torah says that we buy them from Terumas
ha'Lishkah (half-Shekels given by the Tzibur),
even though some of the donors died!
ii. We infer, a Chatas Tzibur may be brought even
if the owners died.
3. Objection: There, we are not sure that the owners
died - but the returning exiles knew that the
sinners died!
4. Answer #2: "Atone for Your nation Yisrael that You
redeemed, Hash-m" - Eglah Arufah (a calf beheaded
when a murdered corpse is found) is worthy to atone
for those that Hash-m redeemed from Mitzrayim.
5. Objection: There, the calf is beheaded primarily to
atone for the living, it also atones for the dead;
i. Here, it was not an atonement for the living!
(l) Answer #2: Indeed, some of the sinners were alive - "Many
of the Kohanim...(that saw the first Mikdash)..."
1. Question: Perhaps they were the minority (Rashi - of
those that returned from exile; Tosfos ha'Rosh - of
those who sinned in Bayis Rishon)!
2. Rejection: "The joyful sounds of the trumpets could
not be heard, because of the crying (of those who
had seen Bayis Rishon, i.e. they were the
majority)."
(m) Objection: The idolatry was b'Mezid, why were Korbanos
brought for it?!
(n) Answer #2 (to Question (j)): Hash-m decreed (this one
time) that they could atone for what was done b'Mezid.
(o) Support - Question: "Ninety-eight rams, 77 lambs" - why
were these brought?
(p) Answer: We must say, it was a special decree of Hash-m to
bring them - similarly, the Chata'os were also by special
decree.
2) A "CHATAS" OF THE "TZIBUR"
(a) (Beraisa): (Beis Din ruled mistakenly, and most of
Yisrael sinned.) If one of the Tzibur died, the Par is
still brought; if one of the Beis Din died, it is not
brought.
(b) Question: Who is the Tana of the Beraisa?
(c) Answer (Rav Chisda): It is R. Meir, who says that Beis
Din brings the Par, not the Tzibur;
1. If one of the Tzibur died, it is brought, since the
Beis Din is still alive;
2. If one of the Beis Din died, they are exempt - this
is like when one of the partners in a Chatas dies
(we leave the Chatas to die).
(d) Question (Rav Yosef): We can establish the Beraisa like
R. Shimon, who says that Beis Din *and* the Tzibur bring
Parim!
1. If one of the Tzibur died - the Par is still
brought, since death of the Tzibur does not mandate
that its Chatas die;
2. If one of the Beis Din died, they are exempt - this
is like when one of the partners in a Chatas dies.
(e) Objection (Abaye): It cannot be R. Shimon, he holds that
there is no case when the Chatas of partners must die!
1. (Beraisa - R. Yehudah): If the Par and Sa'ir (that
atone for the Kohanim and Tzibur, respectively) of
Yom Kipur were lost, and others were offered in
their place, and the first animals were found, they
must die;
2. R. Shimon says, they graze (until they become
blemished, we sell them and buy Olos Nedavah) - the
Chatas of a Tzibur (i.e Kohanim, they are partners
in it) need never be left to die.
(f) Answer (Rav Yosef): Kohanim are not regular partners, the
Torah equated their law to that of the Kahal - "He will
atone for the Kohanim and all ha'Kahal".
6b---------------------------------------6b
(g) Question: If so, Kohanim should bring a Par (like any
other Shevet) if they sin by following a mistaken
Hora'ah!
1. Suggestion: Perhaps they do!
2. Rejection: If so, there would be 13 Parim for the
Shevatim (the Tana'im who obligate every Shevet only
obligate 12 for the Shevatim)!
(h) Answer (Rav Acha b'Rebbi Yakov): Shevet Levi (which
includes the Kohanim) does not bring because it is not
considered a Kahal - "I will make you a Kahal...(an
inheritance)" - whoever does not have an inheritance is
not considered a Kahal.
(i) Question: If so, only 11 Shevatim bring!
(j) Answer #1 (Abaye): "Efrayim and Menasheh will be like
Reuven and Shimon (two Shevatim)".
(k) Objection (Rava): "They will be (like Reuven and
Shimon)...in their inheritance" - not for anything else!
1. Question: They are like two Shevatim regarding the
Degalim (encampment in the Midbar)!
2. Answer: That was only to honor the Degalim.
3. Question: Each has its own Nasi (leader), like two
Shevatim!
4. Answer: That was only to honor the Nesi'im.
i. (Beraisa) Question: Shlomo inaugurated the Beis
ha'Mikdash for seven days - why did Moshe
inaugurate the Mishkan for 12 days?
ii. Answer: This was to honor the Nesi'im (so each
could offer Korbanos on 'his' day).
(l) Question: Is Abaye's answer valid?
(m) Answer (Beraisa - R. Shimon): In five cases, a Chatas
must die:
1. It gave birth (the child has Kedushas Chatas, it
must die);
2. Temuras Chatas (Reuven said, this animal should be
in place of my Chatas - the animal *also* gets
Kedushas Chatas, it must die);
3. Its owner died;
4. The owner (lost the Chatas and) offered another in
its place (and then found the original animal);
5. The animal was not offered within its first year (so
it is disqualified).
6. The first three cases never apply to the Tzibur:
i. The Tzibur never brings female animals;
ii. Temurah does not apply to Korbanos Tzibur;
iii. Death of the Tzibur does not mandate that its
Chatas die.
7. Suggestion: Perhaps in cases 4 and 5 (another was
offered in its place, or if it was not offered
within its first year) a Chatas of the Tzibur must
die - we have no source to say otherwise!
8. Rejection: We learn the unknown from the explicit -
the law of the child or Temurah of a Chatas, or a
Chatas whose owner died (in all three cases, it must
die) applies only to individuals;
i. Also the law of a Chatas whose owner offered
another in its place, or that was not offered
within one year (that it must die) applies only
to individuals!
9. Question: How can we learn these two cases, which
can occur, from the first three cases, which never
occur?!
10. Answer: R. Shimon had a tradition from Sinai, four
Chata'os must die, all apply in the same setting.
i. The tradition cannot apply to a Tzibur, it must
(only) apply to an individual.
***** PEREK HOREH KOHEN MOSHI'ACH *****
3) THE "CHATAS" OF A "KOHEN MASHU'ACH"
(a) (Mishnah): If a Kohen Mashu'ach (a Kohen Gadol anointed
with Shemen ha'Mishchah) ruled (mistakenly) for himself,
and sinned b'Shogeg (by relying on his ruling), he brings
a Par;
(b) If he intentionally perverted the law, and later sinned
b'Shogeg; or, if he ruled mistakenly, and later sinned
b'Mezid, he is exempt;
1. The Hora'ah of a Mashu'ach for himself is like the
Hora'ah of Beis Din for the Tzibur.
(c) (Gemara) Question: Why must it teach that if he ruled
mistakenly, and sinned b'Shogeg, he brings a Par - this
is obvious!
(d) Answer (Abaye): The case is, he ruled, and forgot his
reason; at the time he sinned, he thought - 'I rely on my
reason, whatever it was'.
1. One might have thought, this is like Mezid, for had
he recalled his reason, perhaps he would have
realized his mistake and not sinned, he should be
exempt - the Mishnah teaches, this is not so.
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