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Zevachim 98

ZEVACHIM 97-98 - Dedicated to the leaders and participants in the Dafyomi shiurim at the Young Israel of New Rochelle, by Andy & Nancy Neff

1) [line 3] EIN SHEFIR V'SHILYA KADOSH BO - the [Eimurim (RASHI) of the] Shefir and Shilya of a Korban Asham are not sanctified. The Shefir is the outer skin of an embryo before any sinews, bones, or flesh form. The Shilya is commonly translated as the placenta; a more accurate description is the fetal membranes in which the fetus forms, which are attached to the placenta (RASHI to Berachos 4a; TOSFOS to Nidah 18a DH Shilya and elsewhere in the Rishonim). Since the Korban Asham is always a male, it has neither Shefir nor Shilya.

2) [line 5] VELADOS KODASHIM B'HAVAYASAN HEN KEDOSHIM
There is an argument as to whether the offspring of animals of Kodshim become themselves sanctified when they emerge from their mother's womb ("b'Havayasan"), or whether they become sanctified as soon as they are formed in the womb ("b'Me'ei Iman").

3a) [line 7] MOSAREIHEN - their "remnants." This refers to parts of the sacrifices that are left over (Nosar - see next entry) or extra animals that were not used as sacrifices (Achrayus - see entry #3c).

b) [line 7] MOSAREIHEN - parts of the sacrifices that are left over (NOSAR)
(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it must be burned, as the Torah states, "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" (Vayikra 19:6; see Background to Shevuos 3:11).
(b) If a person eats a k'Zayis of Nosar b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav for eating Nosar is learned from the verse of the Milu'im, "v'Im *Yivaser* mi'Besar ha'Milu'im u'Min ha'Lechem Ad ha'Boker, v'Sarafta Es ha'Nosar ba'Esh, Lo Ye'achel Ki Kodesh Hu." - "And if any flesh or bread of the Milu'im sacrifices is left over until the (following) morning, you shall burn the remnants in fire, it shall not be eaten since it is holy" (Shemos 29:34). If he was not given Hasra'ah, he is Chayav Kares. If he eats it b'Shogeg (unintentionally), he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid) (SEFER HA'CHINUCH Mitzvah #215).

c) [line 7] MOSAREIHEN - extra animals that were not used as sacrifices (ACHRAYUS)
(a) A person who is obligated to bring a Korban has the option of setting aside other animals as Achrayus ("insurance") for the animal that he intends to bring as his sacrifice, in case the first animal gets lost.
(b) If an animal that was set aside as a Korban gets lost and the owner sets aside another as his replacement Korban, and the first animal is subsequently found, the replacement animal is termed the "Mosar" of his Korban.

4) [line 8] EIN BA'ALEI CHAYIM B'MOSAREIHEN - (lit. there are no animals in their remnants) since no replacement animals were set aside for the Milu'im Korbanos that were offered in the desert, and none of the Korbanos were lost, the Mosar Milu'im did not consist of any animals

5a) [line 10] MEFAGLIN - (a) a Kohen who has intentions of "Chutz li'Zemano" ("Pigul" -- see Background to Zevachim 23:11a) with regard to a sacrifice makes the Nesachim that are offered along with the sacrifice also prohibited as Pigul (RASHI); (b) the blood of a sacrifice, about which a Kohen had intentions of Chutz li'Zemano, makes the flesh of the sacrifice prohibited as Pigul (TOSFOS DH Mah Shelamim)
b) [line 10] U'MISPAGLIN - (a) and the sacrifice itself, about which the Kohen had intentions of Chutz li'Zemano, becomes prohibited as Pigul (RASHI); (b) the flesh of the sacrifice, about which the Kohen had intentions of Chutz li'Zemano, becomes prohibited as Pigul (TOSFOS DH Mah Shelamim)

6) [line 16] D'KARIR - (O.F. trestrest) it penetrates
7) [line 24] KEDI NASVAH - it was mentioned unnecessarily

8) [line 28] ETZBA LO BAYA CHEHUNAH - when the word "Etzba" appears in the verse, it implies the right hand even without the word "Kohen" appearing in the verse (as the Gemara describes earlier on 24b)

98b---------------------------------------98b

9) [line 1] DAM CHATAS L'MATAH - the blood of a Korban Chatas is below (it fell on the garment first, and then the blood of a Korban Olah fell onto the same place)

10) [line 5] HADAR PASHTAH - [after he asked the question,] he then answered it

11) [line 6] CHOTZETZ - intervenes (and prevents the Tevilah from removing the Tum'ah from the garment)

12) [line 6] TABACH - a slaughterer
13) [line 7] REVAV - a substance that is thick, viscous and loathsome, e.g. fat or oil

14) [line 11] D'AVID HA V'HA - the case is where he does both this and this (he is both a slaughterer and a Revav-dealer)

15) [line 12] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
*****PEREK #12 TEVUL YOM*****

16) [line 14] TEVUL YOM
A Tevul Yom is a person who has immersed in a Mikvah to become Tahor for Chulin, but is still waiting for nightfall to be completely Tahor with regard to Terumah, Kodshim and Bi'as Mikdash. The level of Tum'ah of a Tevul Yom is minimal; he is considered only a Sheni l'Tum'ah and if he touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he touches do not become Teme'im. If he enters the Mikdash, however, he is Chayav Kares (see Background to Makos 8:18b). After the following nightfall, he becomes completely Tahor with regard to Terumah. If he is a Mechusar Kaparah (see below, entry #17), he must wait until he brings his sacrifices to become completely Tahor with regard to Kodshim and Bi'as Mikdash.

17) [line 14] MECHUSAR KIPURIM
(a) There are three stages in the Taharah (purification) process of a Zav, Zavah, Yoledes, and Metzora: 1. Tevilah (immersing in a Ma'ayan for a Zav, or in a Mikvah for the others), 2. He'erev Shemesh (nightfall after the Tevilah) and 3. a Korban.
(b) The above Teme'im may not eat Terumah until nightfall after the Tevilah. They may not eat Kodshim or enter the Mikdash until they have brought their Korbanos the following morning. A Tamei who has only immersed is called a Tevul Yom until nightfall. After nightfall he is called a Mechusar Kaparah until he brings his Korban.

18a) [line 14] EINAN CHOLKIN BA'KODASHIM - they do not receive a share in the meat (and other parts) of Korbanos which are distributed to the Kohanim
b) [line 14] LE'ECHOL LA'EREV - that are to be eaten on the coming night (this refers to the Tevul Yom only and not to the Mechusar Kipurim -- TOSFOS DH Tevul Yom)

19) [line 15] ONEN
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). The Gemara later (Zevachim 101a) learns the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1. The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.
2. The day of death, after burial - according to RASHI (to Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the RAMBAN (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.
20) [line 17] BA'ALEI MUMIN - Kohanim with a physical blemish that renders them unfit to perform the Avodah in the Beis ha'Mikdash (BA'AL MUM)
(a) It is forbidden for a Kohen who has a Mum (blemish) to do the Avodah in the Beis ha'Mikdash, whether the Mum is a Mum Kavu'a (a permanent blemish; e.g. an amputated hand or foot) or a Mum Over (a temporary blemish; e.g. boils). [According to the RAMBAM in SEFER HA'MITZVOS this is counted as two Lavin (#70 and 71). According to the RAMBAN they are counted as one Lav.]
(b) There are three types of blemishes (Bechoros 43a): 1. blemishes that invalidate a Kohen from doing the Avodah or invalidate an animal from being offered as a sacrifice on the Mizbe'ach; 2. blemishes that only invalidate a Kohen but not an animal; 3. blemishes that invalidate a Kohen and also an animal but only because of Mar'is ha'Ayin (for appearance sake).
(c) If a Kohen who had a Mum did the Avodah: 1. if he had a Mum that invalidates Kohanim and animals, his Avodah is Pesulah whether he did it b'Shogeg or b'Mezid, and he is liable to Malkus if he did it b'Mezid (according to the Rabanan. Rebbi rules that he is liable to Misah b'Yedei Shamayim.); 2. if he had a Mum that only invalidates Kohanim, his Avodah is Kesheirah (RAMBAM Hilchos Bi'as Mikdash 6:6); 3. if he had a Mum that only invalidates him because of Mar'is ha'Ayin, he does not receive Malkos and his Avodah is Kesheirah. (Sefer ha'Chinuch #275, 276)

21a) [line 17] BA'ALEI MUMIN OVRIN - temporary blemishes (lit. "blemishes that pass"); see above, entry #20:a
b) [line 18] BA'ALEI MUMIN KEVU'IN - permanent blemishes (lit. "established blemishes"); see above, entry #20:a

22) [line 20] EIN LO BA'OROS - he has no share in the hides (OROS KODASHIM)
The hides of Korbenos Olah, Chatas, and Asham are given to the Kohanim. (In contrast, the hides of Kodshim Kalim, such as Korbenos Shelamim, belong to the owners of the Korban.)

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