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Yoma 65

1) RE-USING A "CHATAS SHE'NISKAPRU BE'ALEHA" THE FOLLOWING YEAR

QUESTION: The Gemara questions whether the past year's Korbanos may be used for the following year. It proves that they may *not* be used from a Beraisa which says that if one separated a Par and a Se'ir for Yom Kipur and then a different Par and a different Se'ir were brought instead, Rebbi Yehudah says that the Par and Se'ir must be put to death, and Rebbi Eliezer and Rebbi Shimon say that they must graze until they become blemished. The Gemara asks why should they be put to death (or left to graze)? Let them be used for next year's Yom Kipur!

What is the Gemara asking? The reason each animal is put to death is because it is a "Chatas she'Niskapru Be'aleha," a Chatas owned by someone who attained atonement through another Korban. The Halachah l'Moshe mi'Sinai says that such a Chatas is put to death. What difference does it make if it is fit to be used next year? It must be put to death because that is what the Halachah l'Moshe mi'Sinai requires!

ANSWERS: The TOSFOS YESHANIM and the RITVA answer that the Halachah l'Moshe mi'Sinai requires that a "Chatas she'Niskapru Be'aleha" be put to death only because there is nothing else that can be done with that animal. Once a Chatas is separated for a particular transgression, it becomes exclusively reserved to atone for that transgression. If the owner attains Kaparah by bringing another animal as the Chatas, then the first one can never be brought as a Chatas, either because the Chatas was separated only for a specific transgression and that particular transgression was already atoned for (Tosfos Yeshanim), or because there is no reason to expect that this person will sin again inadvertently (Ritva -- The Ritva holds that a Korban Chatas does not become reserved to atone for *the specific event of transgression*, but to atone for the *prohibition that was violated*. Therefore, if he violates it again inadvertently, this Chatas will be able to atone for him once again.).

Therefore, Chatas she'Niskapru Be'aleha does not apply to the Chatas Tzibur, the public Chatas, brought on the festivals and Yom Kipur. Those Korbanos Chatas attain atonement not for a specific sin committed, but for a general category of transgression (Tum'as Mikdash v'Kadoshav -- entering the Mikdash while Tamei, or eating Kodshim while Tamei) that was committed during the past year. Such a Korban is fit to be brought the following year, since it is not designated to atone for a specific act. Therefore, according to the opinion that holds that the past year's Korbanos can be used for the next year, this type of Chatas should be brought next year.

65b

QUESTION: The Gemara asks that if it is true that this year's Korbanos may be used for next year, as Rebbi Yehudah says (65a), why is this year's Se'ir la'Shem not brought next year? That is, in a case where the Se'ir la'Shem became lost and another Chatas was brought in its place and then the Se'ir was found, that Se'ir should be offered the next Yom Kipur (and not put to death). The Gemara answers that the Goral from last year does not help for the following year, and therefore the Se'ir la'Shem cannot be brought as the Chatas la'Shem next year, because a new Goral needs to be made. The Gemara asks that if a new Goral needs to be made, then just make a new Goral on this Se'ir next year!

What is the Gemara's question? If this Se'ir has already been chosen by the previous year's Goral to be the Se'ir la'Shem, then how can a new Goral be made on this Se'ir? If a new Goral is made, perhaps the Goral will choose this Se'ir not as the one la'Shem, but as the Se'ir la'Azazel! But if it was already sanctified as the Se'ir la'Shem, it cannot be brought as the Se'ir la'Azazel!

ANSWERS:

(a) The TOSFOS HA'ROSH and TOSFOS YESHANIM appear to understand that when the Gemara says that the Goral from last year does not work for next year, it means that *the effects* of last year's Goral are annulled. Consequently, this Se'ir is no longer designated as the Se'ir la'Shem. However, its designation as one of the two Se'irim of Yom Kipur remains, and therefore it should be used as one of the two Se'irim for the next Yom Kipur, when a new Goral is performed.

(b) The MENACHEM MESHIV NEFESH says that the Gemara means that the Se'ir should be saved for the following year, and when a new Goral is performed, *perhaps* this Se'ir will again be selected as the Se'ir la'Shem and it will be able to be used. If it is not selected as the Se'ir la'Shem, then it will indeed be put to death.

(c) The DIKDUKEI SOFRIM points out that the earlier manuscripts (such as the K'sav Yad Munich) omit this question entirely from the Gemara.

QUESTION: The Gemara cites Rebbi Yehudah who says (Shekalim 2:1) that the Korbanos of one year may be brought for the following year. The Gemara asks that the Beraisa (65a) quotes Rebbi Yehudah himself who states that one may not use the past year's Par and Se'ir of Yom Kipur for Yom Kipur of the next year. The Gemara suggests several answers why the Par and Se'ir differ.

The Gemara suggests that the Se'ir cannot be used the next year because the Goral of one year will not work for the following year. Since the Se'ir is already sanctified as the Se'ir la'Shem, they will not be able to perform the Goral for it next year. The Gemara rejects this answer because it does not apply to the Par (which is not selected by the Goral). Perhaps, continues the Gemara, the Par should die because of a Gezeirah of the Se'ir? No, the Gemara asserts, it is not logical to put an animal to death due to a Gezeirah.

The Gemara then suggests that the reason the *Par* cannot be used the next year is because of a Gezeirah of a "Chatas she'Meisu Be'aleha" (that is, to prevent people from thinking that a Chatas whose owner died does not have to die), or because of a Gezeirah of a "Chatas she'Avrah Shenasah" (that is, to prevent people from thinking that a Chatas whose year has passed can still be brought as a Korban). The Gemara rejects these answers because they do not apply to the Se'ir. The Gemara again adds that it is not logical to put an animal to death due to a Gezeirah.

Why does the Gemara not simply combine the valid explanation that was given for why the Se'ir is not brought the next year, with the valid explanation that was given for why the Par is not brought the next year? The reason the Se'ir is not brought the next year is because the Goral from last year does not work for the next year, and the reason the Par is not brought is because of a Gezeirah of a "Chatas she'Meisu Be'aleha" or "Chatas she'Avrah Shenasah." Simply combine the answers and the question will be resolved! (GEVURAS ARI)

ANSWER: The GEVURAS ARI suggests that when the Gemara says that it is not logical that an animal should die because of a Gezeirah (that since the Par must die for a valid reason, the Rabanan decreed that the Se'ir must also die), it also means that it is not logical that the Par should die because of a Gezeirah of a "Chatas she'Meisu Be'aleha" or "Chatas she'Avrah Shenasah." Consequently, the Gemara has no solution for why the Par dies and is not brought the next year!