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1) LIABILITY FOR PERFORMING "AVODAH" WHEN ONE IS "TAMEI" (cont.)

(a) Question (Mishnah): If any of the following Avodos were done outside the Mikdash, or by a Zar, or by one who was Tamei, or lacking Bigdei Kehunah, or did not wash his hands and feet, he is exempt:

1. Yetzikah (putting oil on a Minchah), kneading it, breaking it into pieces, salting (a Korban), Tenufah (waving), bringing a Minchah close to the Mizbe'ach, putting Lechem ha'Panim on the Shulchan, fixing the Neiros of the Menorah, Kemitzah (taking a handful from a Minchah), or Kabalah (receiving blood of a Korban);
2. Inference: The Mishnah did not mention Haktarah (burning) - one would be liable for this (if done when Tamei)!

i. Suggestion: He would be Chayav Misah.

(b) Answer: No, he only transgresses a Lav.
(c) Question: The Mishnah also discusses a Zar, he is Chayav Misah - "Veha'Zar ha'Karev Yumas"!
(d) Answer: The Mishnah does not say that their laws are the same - a Zar is Chayav Misah for Avodah, a Tamei Kohen only transgresses a Lav.
(e) Question: If Haktarah was omitted, because he transgresses a Lav, this implies that for Yetzikah, kneading..., regarding which it says that he is exempt, he does not even transgress a Lav!

1. (Beraisa): "Kedoshim Yihyu...v'Lo Yechalelu" - this forbids Yetzikah and kneading b'Tum'ah.

(f) The prohibition is only mid'Rabanan, the verse is only an Asmachta.
(g) Question (Beraisa): The following are Chayav Misah (bi'Dei Shamayim) -...a Tamei (Kohen) who did Avodah...
(h) Rav Sheshes is refuted.

(a) (Beraisa): The following are Chayav Misah (in this Sugya, this always means bi'Dei Shamayim):

1. One who eats Tevel, a Tamei Kohen who eats Tahor Terumah, a Zar who eats Terumah;
2. A Zar who did Avodah, or one who did Avodah when he was Tamei, a Tvul Yom, Mechusar Begadim (lacking Bigdei Kehunah), Mechusar Kipurim (did not bring Korbanos that finish the Taharah (e.g. of a Zav...), without washing his hands and feet, Shtuyei Yayin (after drinking wine), or Pru'ei Rosh (did not cut his hair for 30 days).

(b) If one did Avodah when he was an Arel (uncircumcised), Onen (the day he lost a relative) or sitting, he transgressed a Lav, he is not Chayav Misah,
(c) Rebbi says, if a Ba'al Mum did Avodah he is Chayav Misah; Chachamim say, he only transgresses a Lav.
(d) Rebbi says, if someone intentionally transgresses Me'ilah he is Chayav Misah; Chachamim say, he only transgresses a Lav.
(e) Question: What is the source for one who eats Tevel?
(f) Answer (Shmuel): One who eats Tevel is Chayav Misah - "V'Lo Yechalelu Es Kodshei...Asher *Yarimu*" - this refers to something from which Terumah *will be* taken, i.e. Tevel;

1. We learn from a Gezerah Shavah "Chilul-Chilul" from Terumah, for which a Zar is Chayav Misah.

(g) Question: Why don't we learn the Gezerah Shavah from Nosar, which is Chayavei Kerisus?
(h) Answer: It is more reasonable to learn from Terumah, for this resembles Tevel in the following ways:

1. Terumah will be taken from Tevel, they never applied (mid'Oraisa) in Chutz la'Aretz (whereas Nosar applied in the Midbar and to Korbanos brought on Bamos in Chutz la'Aretz), they can become permitted (Tevel is permitted after tithing it, a Tamei Kohen is permitted Terumah after becoming Tahor), the Torah uses plural forms regarding them (Yechalelu and Yechaleluhu, as opposed to the singular Chilel regarding Nosar), they apply to produce, and Pigul does not apply to them.

(i) Question: We should learn from Nosar, for this resembles Tevel in the following ways:

1. The food itself is forbidden (whereas Terumah is permitted to some people), a Mikvah does not permit them.

(j) Answer #1: There are more similarities to Terumah.
(k) Answer #2 (Ravina): The overriding criterion is that the Torah uses plural forms regarding Tevel and Terumah.
(l) Question: What is the source for a Tamei Kohen who eats Tahor Terumah?
(m) Answer (Shmuel): If a Tamei Kohen ate Tahor Terumah he is Chayav Misah - "V'Shamru...v'Lo Yechaleluhu";

1. Inference: He is not liable for eating Tamei Terumah.
2. (Shmuel citing R. Eliezer): If a Tamei Kohen ate Tamei Terumah he is not Chayav Misah - "U'Mesu Vo Ki Yechaleluhu", this excludes Tamei Terumah, which is already profaned.

(n) (Beraisa): A Zar who eats Terumah (is Chayav Misah).
(o) (Rav): A Zar who eats Terumah is lashed.
(p) Question (Rav Kahana and R. Asi): You should teach that he is Chayav Misah - "V'Chol Zar Lo Yochal Kodesh"!
(q) Answer (Rav): The words "Ani Hash-m Mekadsham" separate between Misah (in the previous verse) and "V'Chol Zar...", therefore a Zar is not Chayav Misah.
(r) Question (Beraisa): A Zar who ate Terumah (is Chayav Misah).
(s) Answer: Rav is considered a Tana, he can argue with a Beraisa.

(a) (Beraisa): A Zar who did Avodah.
(b) We learn from "Veha'Zar ha'Karev Yumas".
(c) (Beraisa): One who did Avodah when he was Tamei.
(d) Question (R. Chiya bar Aba): What is the source of this?
(e) Answer (Rav Yosef): "Va'Yinozru mi'Kodshei...v'Lo Yechalelu" - we learn from a Gezerah Shavah "Chilul-Chilul" from a Tamei person who ate Terumah, which is Chayav Misah.
(f) Question: Why don't we learn the Gezerah Shavah from Nosar, which is Chayavei Kerisus?
(g) Answer: It is more reasonable to learn from eating Terumah b'Tum'ah, for this resembles Avodah b'Tum'ah in the following ways:

1. The person himself is forbidden, it is forbidden on account of Tum'ah, a Mikvah permits them, the Torah uses plural forms (of Chilul) regarding them.

(h) Question: We should learn from Nosar, for this resembles Avodah b'Tum'ah in the following ways:

1. They pertain to Kodesh, they apply inside the Mikdash, Pigul applies to them, Nosar applies to them!

(i) Answer: The overriding criterion is that the Torah uses plural forms regarding Avodah and Terumah b'Tum'ah.
(j) (Beraisa): A Tvul Yom who did Avodah.
(k) Question: What is the source of this?
(l) Answer (Beraisa - R. Simai): "Kedoshim Yihyu...v'Lo Yechalelu" - we already know from "Va'Yinozru..." that a Tamei is Mechalel Avodah (anything he offered is Pasul)!

1. Therefore, we use "...v'Lo Yechalelu" to teach that a Tvul Yom is Mechalel Avodah;
2. We learn that he is Chayav Misah from "Chilul-Chilul" from a Tamei person who ate Terumah.

(m) Question: What is the source that Mechusar Begadim is Chayav Misah?
(n) Answer (R. Avahu): "V'Chagarta Osam Avnet...v'Haysah Lahem Kehunah" - they are (considered) Kohanim only when Bigdei Kehunah are on them;

1. If not, they are Zarim, who (we already taught that they) are Chayav Misah for Avodah.

(o) Question: What is the source for Mechusar Kipurim?
(p) Answer (Rav Huna): "V'Chiper Aleha ha'Kohen v'Taherah" - implying, (a woman who gave birth is Teme'ah) until her Korban is offered.

1. We already taught that a Tamei is Chayav Misah for Avodah.

(q) Question: What is the source for one who did not wash his hands and feet?
(r) Answer: "B'Vo'am...Yirchatzu Mayim v'Lo Yamusu".
(s) Question: What is the source for Pru'ei Rosh?
(t) Answer: ",,,U'Fera Lo Yeshalechu...v'Yayin Lo Yishtu" - this equates Pru'ei Rosh with Shtuyei Yayin;

1. Just as Shtuyei Yayin is Chayav Misah, also Pru'ei Rosh.