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by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Yoma 62

YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife and daughters. Well known in the community for his Chesed and Tzedakah, he will long be remembered.

1) WHICH SAIR IS THE MISHTALEACH

(a) The Mishnah reported a Machlokes regarding the replacement Seirim discussed by R. Meir and R. Elazar/R. Shimon above.
1. (R. Meir) One the last Seir is deal with as the actual one (it is burnt and those who deal with the burning contract Tumas Begadim).
2. (R. Elazar and R. Shimon) All of them must be dealt with the same way.
(b) Question: In light of the above, how many Seirim are sent out as the Mishtaleach?
(c) Answer: Shall we send out his whole flock (surely, only one)!
(d) Question: But he could have his whole flock burned (multiple Seirim LaShem)!?
(e) Answer: There is no comparison since the Sair HaMishtaleach is restricted by Oso.
(f) It is a Machlokes regarding the opinion of Rava whether to send out the first Seir (R. Papi) or the last (R. Simi).
(g) Question: Why the first (the second makes sense since the Kaparah was completed with its pair)?
(h) Answer: R. Papi holds like R. Yosi who holds that the Mitzvah is to be performed with the first animal so designated.
1. Question: Where is this opinion of R. Yosi?
2. Answer: When R. Yosi explains the requirement to mark the Kupos as in order to use the first one first.
3. Question: But that may be required since the second has not yet become usable when the first Kupah was available, but here all the Seirim become available at the same moment (conclusion of the Matanos Damim)!?
4. Answer: Rather, the source is R. Yosi regarding the Korban Pesach which was lost, replaced and then found where R. Yosi holds that the first is to be used.
Hadran Alach Perek Hotziu Lo


*****PEREK SHENEI SEIRIM*****

1) MISHNAH: THE PAIR OF SEIRIM

(a) The two Seirim must be the same in appearance, height, price, and time of purchase.
(b) This requirement, however, is not Me'akev (an example of an imperfect, but Kosher, pairs would be if one Seir died before the Goralos, a pair may be brought for the remaining Seir).
(c) If one died after the Hagralah, a new pair is brought and a Hagralah is used to determine the replacement for the one which died.
(d) The second Seir pastures until it develops a blemish (since a Korban Tzibur is not put to death).
(e) (R. Yehudah) The extra Seir is put to death.
(f) R. Yehudah further teaches that if the Dam Sair LaShem was prematurely spilled out (such that another Sair is slaughtered) then its corresponding Sair HaMishtaleach is put to death; similarly if the Sair HaMishtaleach dies, the blood of its counterpart is spilled out.
62b---------------------------------------62b

2) THE SOURCE FOR THE ALIKE PAIR

(a) The Beraisa draws from the word Shenei that the Seirim must be alike.
(b) Question: How do we know that their similarity is not Me'akev?
(c) Answer: From the repetition of the (singular) word Seir.
(d) Question: Whence would we have *thought* that it *was* Me'akev?!
(e) Answer: The multiple repetition of Shenei might lead us to consider their being identical as Me'akev.
(f) Question: Then, now, what *is* the role of the three-fold repetition of Shenei?
(g) Answer: One for appearance, one for height, and one for value.
(h) The same sequence appears in the Beraisa regarding the two Kivsei Metzora, and in the Beraisa regarding the Tziporei Metzora.
(i) Question: If Shenei and Shetei teach the requirement of alike pairs, then the word Shenayim by the Temidim should teach the same Din there (as the sequence would work there)?
(j) Answer: The word Shenayim by Tamid is not extra; it is needed to teach that they must be slaughtered in the sunlight, not in the shade.
1. The Beraisa goes on to demonstrate that the number here cannot be teaching the obvious number since the Pasuk is explicit regarding the one... and the one...
2. Question: Where in the Azarah would the sunlit Shechitah take place?
3. Answer: The Tamid in the morning is slaughtered in the NW corner (angled back into the SE sun, using the second row of rings) and the afternoon Tamid is in the NE (angled back to the setting sun in the SW).
4. The Musafim of Shabbos should (according to Rashi) be alike.
3) THE TWO SEIRIM PRIOR TO THEIR HAGRALAH
(a) One is Chayav for Shechutei Chutz for slaughtering *either* Seir prior to the Hagralah.
(b) After the Hagralah one is Chayav only for the Seir LaShem.
(c) Question: Prior to the Hagralah neither animal is fit for a Korban, so why is there a Chiyuv on them?
(d) Answer: Since (Ho'il) they are fit to be the Chatas HaMusafin (brought on the Mizbeach HaChitzon), they are deemed as fit.
(e) Question: But the Avodas HaYom needs to be completed before such a Seir Musafin could be fit to be brought!?
(f) Answer: Timing alone does not render an animal unfit if its time will come that day.
(g) With this lesson from R. Chisda (that missing an action, such as Hagralah, renders an animal unfit) we can understand the Din of R. Yehudah citing Shmuel:
1. A Shelamim is Pasul if slaughtered before the gates of the Heichal are opened.
2. By extension, the Chiyuv of Shechutei Chutz will not apply to that animal since opening the gates is like an action which stands between the animal and its fitness to be offered.
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