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Pesachim 73
PESACHIM 73 (8 Cheshvan) - has been jointly dedicated by: (1) Rav David
Sheinfeld, in memory of Ha'Rav Ha'Gaon Rav Shaul David ben Moreinu Ha'Rav
Alter Yozfa Ha'Kohen Z'TZ'L, Av Beis Din of Prushkov (near Warsaw) and Cong.
Degel Israel of Queens NY, and (2) Mr. David Strahlberg, a former Talmid of
Rabbi Kornfeld.
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1) [line 11] MEKALKEL B'CHABURAH PATUR
(a) Normally, one is Chayav on Shabbos only for performing a Melachah that
is a creative act. If a person performed an act of destruction or impairment
he is Patur.
(b) Although this rule applies to all other Melachos of Shabbos, there is an
argument among the Tana'im as to whether it applies to the Melachos of
Chaburah (making a bruise and letting blood) and Hav'arah (lighting a fire).
According to one Tana, these two Melachos are exceptions to the rule, and
one is Chayav even if they only accomplished a destructive act and not a
constructive one. The Tana who holds "Mekalkel b'Chaburah Patur" maintains
that there is no difference between these two Melachos and the other
Melachos.
2) [line 14] B'DOKIN SHEBA'AYIM - the eye's web (O.F. teile), a thin film
(cataract?) that develops due to an eye-disease which is considered to be a
blemish that disqualifies an animal from being brought as a Korban, as the
Torah states in Vayikra 21:20.
3) [line 22] ASHAM SHENITAK L'RE'IYAH (The Asham animal that is put to
pasture)
(a) An Asham that is in one of the 5 categories for which a Chatas is put to
death is put out to pasture until it develops a Mum, after which it is
redeemed. Its value is used to purchase an Olas Nedavah for the Tzibur.
(b) The five Chata'os that are put to death by being locked up without food
until they die are:
1. The offspring of a Chatas
2. The Temurah (see Background to Temurah 2:1) of a Chatas
3. A Chatas whose owner has died
4. A Chatas of a sheep or goat that became a year old (and is therefore
invalid as a Korban Chatas), whose owner brought a different Chatas to atone
for his sins
5. A Chatas that was lost and was later found with a Mum, whose owner
brought a different Chatas to atone for his sins (Temurah 21b)
4) [line 23] AKIRAH
Akirah is the process by which the owner of a Korban "uproots" the original
"name" or designation of the Korban. That is, he must *declare* that this
animal has ceased to be the type of Korban for which it was originally
dedicated. (For further details, see Background to Pesachim 72:1)
5) [line 26] YIR'EH AD SHE'YISTA'EV - it should graze until it receives a
Mum (blemish)
6) [line 27] NEDAVAH
MOSAROS L'NIDVAS YACHID AZLEI... MOSAROS L'NIDVAS TZIBUR AZLEI
There is a Machlokes what to do with the money used for redeeming Kodshim
that were not fit to be offered and with money left over from buying
Korbanos.
The Chachamim are of the opinion that the money is put into the Shofaros
(donation boxes) that were kept in the Mikdash, and used to buy Korbanos to
be sacrificed when the Mizbe'ach was not otherwise in use. Rashi (Sukkah 56
DH Kayitz) explains that these offerings were called "Kayitz," because they
were like a "dessert" (Kayitz = cut figs, a common dessert food) to the
Mizbe'ach. These Korbanos were considered a Korban Tzibur (offering brought
by the entire people) and not a Korban Yachid (personal Korban)
Rebbi Elazar is of the opinion that the owner himself brings with the money
an Olas Nedavah (personal Korban)
7) [last line] SHE'MASHCHU BE'ALIM ES YADAM - the owners who were designated
to eat this Korban Pesach withdrew from the it (in order to take part in a
different Korban Pesach)
73b---------------------------------------73b
8) [line 4] A'MATU L'HACHI - because of this
9) [line 7] IBUR TZURAH BA'I - (a) we wait for the night to pass so that it
will become "Nosar" and Pasul for the Mizbe'ach (RASHI); (b) it is left for
a few days until its appearance become disfigured (by beginning to decay)
(RABEINU CHANANEL here and on Daf 34b, RAMBAM in Peirush ha'Mishnayos 7:9)
10) [line 13] NIZREKAH MI'PI CHABURAH - it came out of our group learning;
it is not clear who said it
12) [line 22] BA'ALEI CHAYIM EINAM NIDCHIM
Literally, "animals do not become irrevocably rejected," i.e. if at one
point in time an animal becomes unfit to be sacrificed, it does not remain
unfit forever. There is a Machlokes in this matter.
13) [line 26] TO'EH B'DEVAR MITZVAH
(a) A person must bring a Korban Chatas if he transgresses a prohibition
b'Shogeg (unintentionally) for which the Kares punishment applies for
intentional transgression.
(b) If a person does an Aveirah that makes him liable to bring a Korban
Chatas, but he thought that he was actually performing a Mitzvah of the
Torah through his action, the Tana'im argue if he is liable to bring a
Korban Chatas or not.
(c) Even if ha'To'eh b'Devar Mitzvah is Patur, there are various opinions
among the Tana'im and Amora'im with regard to exactly when this Petur
applies and when it does not:
1. A person is Patur only if he actually performs a Mitzvah b'Di'eved or
even if he does not perform a Mitzvah (Pesachim 72a, the argument of Tana
Kama and Rebbi Meir).
2. The Petur of Ta'ah b'Devar Mitzvah only applies when the person in a rush
because his time is limited ("Zemano Bahul"). If he has the option of doing
the Mitzvah on the next day, he is liable to bring a Korban Chatas. (This
follows the reasoning of the Gemara Pesacim 72b, as opposed to the opinion
of Rebbi Yochanan.)
3. He is still required to do the Mitzvah on this day. If he has already
performed the Mitzvah today but is unaware of this fact, and thinks that he
is doing a Mitzvah now, he must bring a Chatas (Daf 72a, according to the
Tana Kama who argues with Rebbi Meir, brought in the Gemara).
4. It must be permitted to override *this* Shabbos because of *this*
Mitzvah. His action, however, does not fulfill the Mitzvah. If it is
prohibited to override this Shabbos because of this Mitzvah, he must bring a
Chatas for his action (Rebbi Meir, Pesacim 72b).
5. Rebbi Yehoshua only exempts *ha'To'eh* (one who makes a mistake) b'Devar
Mitzvah, and not someone who did the action b'Shogeg (where he is close to
having done the action b'Mezid, intentionally) -- RASHI Pesachim 73b DH Im
Yesh Shehus. (The details of this Halachah are numerous, as explained
further on Pesachim 72b.)
14) [line 36] PIGUL
(a) A sacrifice that was slaughtered with the intention of eating it or
offering it after its allotted time becomes disqualified. Such a Korban is
forbidden to be eaten as it states in Vayikra (7:18) "v'Im He'achol Ye'achel
mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo
Yechashev Lo, *Pigul* Yiheyeh." - ("If [the person bringing the offering
plans] to eat it on the third day, [the sacrifice] will not be accepted. It
is considered Pigul (putrid, rejected) and it will not be counted in his
favor.")
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it
unintentionally he must bring a Korban Chatas. (Sefer ha'Chinuch Mitzvah
144)
15) [line 36] NOSAR
(a) If any meat of an animal of Kodshim remains after the time that was
allotted for it to be eaten, it must be burned, as it states in Vayikra
(19:6) "b'Yom Zivchachem Ye'achel umi'Macharas, *veha'Nosar* Ad Yom
ha'Shelishi ba'Esh Yisaref." - ("It shall be eaten the same day that you
slaughter it and on the next day, and anything that *remains* until the
third day shall be burned in fire.")
(b) If someone eats Nosar intentionally he is Chayav Kares. If he eats it
unintentionally, he must bring a Korban Chatas. (Sefer ha'Chinuch Mitzvah
215)
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