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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Menachos 5
MENACHOS 5 - anonymously dedicated by an Ohev Torah and Marbitz Torah in
Baltimore, Maryland, formerly of Ramat Beit Shemesh, Israel.
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1) "MECHUSAR ZEMAN" OF THE SAME DAY
(a) (Reish Lakish): If Minchas ha'Omer was Nikmatz Lo
Lishmah, it is Kosher; the remainder (after Kemitzah) may
not be eaten until a second Omer will be offered
(Lishmah, to permit Chadash).
(b) Question: Why is the first Omer Kosher - it may not be
eaten (at the time), Korbanos must be "Mi'Mashke
Yisrael", from things that (if they were Chulin would be)
permitted to Yisrael!
(c) Answer #1 (Rav Ada bar Ahavah): Reish Lakish holds that
Mechusar Zeman of the same day (something which will
become permitted the same day) is considered as if it is
already permitted.
(d) Question #1 (Rav Ada brei d'Rav Yitzchak - Beraisa):
There are ways in which Korbanos ha'Of are more Chashuv
(important) than Menachos, and vice-versa:
1. The Chashivus of birds over Menachos - two people
can jointly bring a bird, they Machshir a Mechushar
Kipurim (to Kodshim), and they are Hutru mi'Klalan
(Kohanim may eat Melikas Chatas ha'Of, even though
it is Neveilah);
2. The Chashivus of Menachos over birds - they require
a vessel (to Mekadesh the Kometz), Tenufah,
Hagashah, and the Tzibur brings Menachos as well as
individuals.
3. According to Rav Ada bar Ahavah, also Menachos are
Hutru mi'Klalan, i.e. Chadash! (Rashi - even though
it should be forbidden to the Mizbe'ach (it is not
"Mi'Mashke Yisrael"), it is not; Rashba - normally,
if Haktarah does not permit Kodesh immediately, the
Kodesh will never be permitted.)
(e) Answer: Since Mechusar Zeman does not apply to (something
which will become permitted) the same day, it is as if
there is no Isur.
(f) Question #2 (Rav Sheshes - Beraisa): If oil was put on
the Behonos of a Metzora before the blood (of the Asham),
we must replenish the oil (so it will be a full Log), put
on the blood and then put on oil;
1. If oil was put on the Behonos before it was
sprinkled seven times, we must replenish the oil, do
the Haza'os and put oil on the Behonos again.
2. If Mechusar Zeman does not apply to the same day,
the applications of oil should be valid (b'Diavad)
even if done out of order!
(g) Answer (Rav Papa): Taharas Metzora is different - it
says "Zos *Tihyeh* (will be) Toras ha'Metzora", this
teaches that everything must be in order.
(h) Question #3 (Rav Papa): If Chatas (Metzora) was
slaughtered before the Asham, we do not stir the blood
(so it will not harden), offer the Asham, and then finish
offering the Chatas - rather, we allow the Chatas to
become Nosar, it is burned in Beis ha'Sereifah.
1. Interjection: Why is Rav Papa asking from Metzora -
he himself said that Taharas Metzora must be in
order, because it says "Tihyeh"!
2. Answer: "Tihyeh" only applies to Avodos, slaughter
is not an Avodah.
3. Summation of question (h): If Mechusar Zeman does
not apply to the same day, slaughter should be valid
out of order, we should stir the blood, offer the
Asham, then finish the Chatas!
2) WHEN "CHADASH" IS PERMITTED
(a) Answer #2 (to Question (b) - Rav Papa): Reish Lakish
holds that Chadash is permitted from dawn of the 16th (of
Nisan, the day the Omer is brought).
1. (R. Yochanan and Reish Lakish): Even when the
Mikdash stands (and the Omer will be brought),
Chadash is permitted from dawn of the 16th.
5b---------------------------------------5b
(b) Reish Lakish did not explicitly say this law (that dawn
of the 16th permits Chadash), it was inferred from the
following:
1. (Mishnah): We may not bring (from Chadash) Menachos,
Bikurim or Minchas Nesachim (i.e. that accompanies a
Zevach) before the Omer - if it was brought, it is
Pasul;
2. We may not bring any of them before Shtei ha'Lechem
- if it was brought, it is Kosher.
3. (Reish Lakish): This only applies if it was brought
before the 16th, but if it was brought on the 16th
(even before the Omer), it is Kosher.
4. Inference: He holds that dawn of the 16th permits
Chadash.
(c) (Rava): If Minchas ha'Omer was Nikmatz Lo Lishmah, it is
Kosher; the remainder may be eaten (immediately after
Haktarah), a second Omer is not needed to permit it;
1. This is because (improper) intent only takes effect
if the Kohen (who had the intent), the Korban and
the place were all Kosher for Avodah;
2. The Kohen must be Kosher (for Avodah) - this
excludes a Ba'al Mum;
3. The Korban must be Kosher - this excludes Minchas
ha'Omer (Rashi - because it comes from parched
barley, when it is not Oleh l'Shem Chovah (on
account of improper intent), it is not fitting to
become any other Minchah; Tosfos - because Chadash
is forbidden until the Omer is offered Lishmah);
4. The place must be Kosher - this excludes if the
Mizbe'ach was dented.
3) A "TEREIFAH" MAY NOT BE OFFERED
(a) (Beraisa): A second verse says "Min ha'Tzon" - this
excludes a Tereifah (it may not be offered).
1. Question: A Kal va'Chomer should teach this! A
person may eat a (Chulin) Ba'al Mum, yet a Ba'al Mum
may not be offered - a person may not eat a
Tereifah, all the more so it may not be offered!
2. Answer #1: Chelev and blood refute this - they are
forbidden to people, they are offered!
3. Rejection: You cannot bring a refutation from Chelev
and blood, the rest of what (i.e. the animal) they
come from is permitted, whereas a Tereifah is
totally forbidden!
4. Answer #2: Melikah refutes this - Melikah (of
Chulin) is totally forbidden to people, Melikah of
Kodshim is offered!
5. Rejection: You cannot bring a refutation from
Melikah, the Kedushah causes the Isur (Rashi -
Melikah is Machshir to be offered, it makes a
(Chulin) bird Neveilah; Tosfos - because the bird is
Kodesh, it requires Melikah (and not slaughter)) -
this does not apply to Tereifah.
6. Conclusion: If the Kal va'Chomer can be refuted,
(the second) "Min ha'Tzon" excludes a Tereifah.
(b) Question: How can the Kal va'Chomer be refuted?
(c) Answer #1 (Rav): Minchas ha'Omer refutes it - it is
forbidden to people (it is Chadash), yet it is offered.
(d) Objection #1: Minchas ha'Omer is different, for it
permits Chadash.
(e) Answer: We use Minchas ha'Omer of Shemitah to refute the
Kal va'Chomer, it does not permit anything (we do not
produce grain the entire year!)
1. Objection: Even in Shemitah, it permits (Chadash)
Sefichin (things that grow by themselves)!
2. Answer: The Beraisa is like R. Akiva, who forbids
all Sefichin (Rashi - after Bi'ur; Tosfos - even
before Bi'ur).
3. Question (Rav Acha bar Aba): Even according to R.
Akiva, it permits Chadash in Chutz la'Aretz!
i. Even according to the opinion that Chadash does
not apply in Chutz la'Aretz, the Omer permits
itself (Tosfos - entirely; Rashi - it removes
the Isur Chadash, it leaves only the Isur
Shemitah!)
4. Answer (Rav Acha mi'Difti): That is not difficult -
it must say "Min ha'Tzon", so we do not say that
Tereifah may be offered, and it permits its Lav
(allowing people to eat it), just like Minchas
ha'Omer!
(f) Objection #2: Rather, Minchas ha'Omer cannot refute the
Kal va'Chomer, for that is the Mitzvah (to bring it from
Chadash, but Zevachim need not be Treifos!)
(g) Answer #2 (to Question (b) - Reish Lakish): Mefatem
ha'Ketores is forbidden to people, yet is offered - this
refutes the Kal va'Chomer!
(h) Objection: This makes no sense - the Mefatem is the
person who makes Ketores!
(i) Correction: Rather, Pitum (the making of) ha'Ketores
(like the Torah specifies) refutes it - it is forbidden
to people (for their own use), yet it is offered!
(j) Rejection: Pitum ha'Ketores cannot refute the Kal
va'Chomer, for that is the Mitzvah!
(k) Answer #3 (Mar brei d'Ravina): (Melachah on) Shabbos
refutes the Kal va'Chomer - it is forbidden to people,
yet it is permitted for the Avodah (Temidim and Musafim
are slaughtered on Shabbos)!
1. Question: (Melachah on) Shabbos cannot refute the
Kal va'Chomer, for it is permitted to people, i.e.
to circumcise!
2. Answer: Milah is a Mitzvah, it is not done for a
person's needs!
(l) Rejection: Shabbos cannot refute the Kal va'Chomer, for
that is the Mitzvah (to bring Temidim and Musafim on
Shabbos)!
(m) Answer #4 (Rav Ada bar Aba): Shatnez refutes the Kal
va'Chomer - it is forbidden to people, yet it is used (in
Bigdei Kehunah) for the Avodah!
1. Question: Shatnez cannot refute the Kal va'Chomer,
for it is permitted to people in Tzitzis!
2. Answer: Tzitzis is a Mitzvah, it is not done for a
person's needs!
(n) Rejection: Shatnez cannot refute the Kal va'Chomer, for
that is the Mitzvah (some Bigdei Kehunah must be of
Shatnez!)
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