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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Menachos 49
1) MISTAKEN AKIRAH
(a) (Rabah bar bar Chanah): If the two lambs were slaughtered
l'Shem rams, they are Kesherim, but Lo Alu (the Tzibur
did not fulfill its obligation.)
(b) (Rav): Alu (the Tzibur fulfilled its obligation.)
(c) (Rav Chisda): Presumably, Rav's law is when the
slaughterer thought that they were rams and slaughtered
l'Shem lambs, for lambs were slaughtered l'Shem lambs;
1. However, if he thought that they are rams and
slaughtered l'Shem rams, Lo Alu - he mistakenly was
Oker (uprooted) the Korban (from what it should have
been), a mistaken Akirah takes effect.
(d) (Rabah): A mistaken Akirah does not take effect.
(e) Question (Rabah, against himself - Mishnah): If a Kohen
was Mefagel b'Mezid, he is liable (to pay the owner of
the Korban);
1. If he was Shogeg, he is exempt.
2. (Beraisa): The Pigul takes effect (even b'Shogeg.)
3. Question: What is the case?
i. If he knew that it is a Chatas and he
slaughtered l'Shem Shelamim, this is Mezid!
4. Answer: He thought that it is a Shelamim and he
slaughtered l'Shem Shelamim;
i. Pigul takes effect - this shows that mistaken
Akirah is Akirah!
(f) Answer (and Answer #2 to Question 3 - Abaye): Really, he
knew that it is a Chatas and he slaughtered l'Shem
Shelamim - the Shegagah was, he thought that this is
permitted.
(g) Question (R. Zeira - Beraisa - R. Shimon): If Kemitzah of
any Minchah was Lo Lishmah, it is Kosher and Alah, for
Menachos are unlike Zevachim:
1. If Kemitzah was l'Shem Marcheshes and it was really
Minchas Machavas (which is drier), this is evident
(therefore, the intent has no effect);
2. If Kemitzah was l'Shem Blulah and it was really
Charevah (without oil, i.e. Minchas Chotei), this is
evident;
3. This is not the case regarding Zevachim - slaughter
and Zerikah are the same for all of them (therefore,
Lo Lishmah is not Meratzeh, it is even Posel some
Zevachim).
4. Question: What is the case (of Menachos Lo Lishmah?)
i. Suggestion: He knew that it was Machavas, he
did Kemitzah l'Shem Marcheshes.
ii. Rejection: Even though this is evident, he
intentionally was Oker (surely, it is not
Oleh!)
5. Answer #1: He thought that it was Marcheshes, he did
Kemitzah l'Shem Marcheshes.
i. Even though he is mistaken, it is Oleh only
because the mistake is evident - otherwise,
mistaken Akirah is Akirah!
(h) Answer (and Answer #2 to Question 4 - Abaye): Really, he
knew that it was Machavas, he did Kemitzah l'Shem
Marcheshes;
1. R. Zeira said that even though this is evident,
since he intentionally was Oker, it is not Oleh -
Rabah holds that the Torah is Posel Lo Lishmah that
is not evident, but an evident Lo Lishmah is never
Pasul.
2) WHICH KORBANOS TZIBUR ARE ME'AKEV EACH OTHER?
(a) (Mishnah): Temidim are not Me'akev Musafim, Musafim are
not Me'akev Temidim, Musafim are not Me'akev each other.
(b) If the morning Tamid was not offered, the afternoon Tamid
is offered.
(c) R. Shimon says, this is only if it was not offered on
account of Ones or Shogeg - if b'Mezid they did not offer
in the morning, they do not offer in the afternoon.
(d) If the morning Ketores (half a Maneh) was not offered,
Ketores is offered in the afternoon;
(e) R. Shimon says, they offer the full daily amount (a
Maneh) in the afternoon;
1. This is because the inner Mizbe'ach must be
inaugurated with Ketores, the outer Mizbe'ach must
be inaugurated with a morning Tamid, the Shulchan
must be inaugurated with Lechem ha'Panim on Shabbos,
the Menorah must be inaugurated by lighting the
seven lamps in the afternoon.
(f) (Gemara - R. Chiya bar Avin) Question: If the Tzibur does
not have enough Temidim and Musafim, which has
precedence?
1. Question: What is the case?
i. If both are for today, obviously Temidim have
precedence, they are Tadir (more frequent) and
have as much Kedushah as the Musafim! (The
Kedushah of the day (Shabbos, or Rosh Chodesh,
or...) applies equally to Temidim and Musafim.
Alternatively, Temidim are Tadir and more
Kadosh, for they are offered first.)
2. Answer #1: The Temidim are for tomorrow, the Musafim
are for today:
i. Perhaps Temidim have precedence, for they are
Tadir - or perhaps Musafim have precedence, for
they are more Kadosh (the case is, tomorrow is
less Kadosh than today.)
(g) Answer (Rav Chisda - Mishnah): Temidim are not Me'akev
Musafim, Musafim are not Me'akev Temidim, Musafim are not
Me'akev each other.
1. Question: What is the case?
2. Answer #1: There are enough lambs for both of them,
the Mishnah teaches that either may be offered
first.
3. Rejection (Beraisa) Question: What is the source
that no Korban precedes the morning Tamid?
i. Answer: "V'Arach Aleha ha'Olah" - the Tamid
goes (directly) on the wood,
ii. Also, Rava expounded "ha'Olah" - the (Tamid is)
the first Olah, no Korban precedes it.
49b---------------------------------------49b
4. Answer #2: There are not enough lambs for both (the
Mishnah teaches that the lambs may be used for
either.)
i. If both were for today, the Temidim would have
precedence, they are Tadir and Kadosh!
ii. Rather, the Temidim are for tomorrow, the
Musafim are for today, the Mishnah teaches that
the lambs may be used for either.
(h) Rejection (and defense of Answer #1 - Abaye): Really,
there are enough lambs for both of them, the Mishnah
teaches that either may be offered first.
1. The law that no Korban precedes the morning Tamid is
only l'Chatchilah.
(i) Question (Mishnah): We never have less than six checked
lambs in the chamber of lambs, the amount needed for
Shabbos and two days of Rosh Hashanah (sometimes these
are three consecutive days; we do not check on Shabbos or
Yom Tov. Even though mid'Oraisa, Rosh Hashanah is only
one day, we must guard Elul 30 in Kedushah (perhaps
witnesses will come, retroactively the day was Rosh
Hashanah), and sometimes (if the 30th was not Mekudash)
the next day is also Kadosh.)
1. Question: What is the case?
i. Suggestion: There are enough lambs for Temidim
and Musafim.
ii. Rejection: More are needed (another 16 for
Musafim of Shabbos, Rosh Chodesh and Rosh
Hashanah!)
2. Answer #1: There are not enough lambs;
i. The Mishnah teaches that Temidim have
precedence (the chamber only contains enough
for the Temidim!)
(j) Answer (and Answer #2 to Question 1): Really, there are
enough lambs;
1. The Mishnah teaches that there are never less than
six lambs that have been checked for four days, the
Mishnah is like Ben Bag Bag:
i. (Beraisa - Ben Bag Bag) Question: What is the
source that the Tamid must be checked four days
before it is slaughtered?
ii. Answer: We learn from a Gezerah Shavah - it
says (regarding the Tamid) "*Tishmeru* Lehakriv
Li b'Moado", and it says "V'Hayah Lachem
*l'Mishmeres* Ad Arba'ah Asar" - just like
Pesach had to be checked four days in advance,
also the Tamid.
(k) Question (Ravina): A seventh lamb should be required, for
the next morning (after three consecutive days of Shabbos
and Rosh Hashanah, for we cannot look for pre-checked
lambs at night!)
1. Counter-question (Rav Ashi): An eighth should be
required, we should include the afternoon Tamid just
before the three days!
2. Answer: The Mishnah does not count that - rather, it
teaches how many must remain after offering the
Temidim.
3. Ravina's question remains, it should say seven!
(l) Answer: The Tana teaches that six are *always* there, he
merely gives a way to remember it (indeed, sometimes
seven are required.)
(m) Support: The Beraisa says '*the amount needed* for
Shabbos and two days of Rosh Hashanah' - he did not say
'*for* Shabbos...'
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