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Zevachim 104
ZEVACHIM 104 (24 Elul 5763) - Today's Daf has been dedicated by Nachi Brown
in honor of the Bar Mitzvah of his son Shachar.
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1) [line 1] KODEM SHE'NIR'U L'HEFSHET - before [Zerikas ha'Dam, when] the
hides are fit for skinning
2) [line 4] IM HA'BASAR - with the flesh, i.e. before the skinning
3) [line 6] HAREI HU KA'YOTZEI VO - (lit. behold, it is like it) the hide
has the same status as the flesh
4) [line 9] HURTZAH - it was fit to find favor, i.e. it was valid
5) [line 11] "V'ASISA OLOSECHA HA'BASAR VEHA'DAM..." - "And you shall offer
your burnt offerings, the flesh and the blood..." (Devarim 12:27)
6) [line 12] IM EIN DAM EIN BASAR; IM EIN BASAR EIN DAM - (lit. if there is
no blood, there is no flesh; if there is no flesh, there is no blood) if the
blood is invalidated, the flesh cannot be eaten (or sacrificed, in the case
of an Olah); if the flesh is invalidated, the blood cannot be cast on the
Mizbe'ach
7) [line 17] REIVACH - a space
8) [line 23] PESEIDA - loss
9) [line 25] MIDI D'HAVAH (A'DI'EVED) [A'YOTZEI] - something that is similar
to the case of Yotzei
10) [line 26] NIFSAL - it was rendered invalid [by being touched by a Tevul
Yom] (RASHI to Pesachim 77b DH Nifsal)
11) [line 26] YATZA CHUTZ LA'KELA'IM - it went out of the [area enclosed by
the] Kela'im (lit. curtains -- based upon the Mishnah 53a and RASHI there DH
Kela'im, or the Gemara 107b, "Amar Rebbi Eliezer, keshe'Hayu Bonin
ba'Heichal..."), i.e. the designated area in which it was to be eaten
12) [line 29] L'MITZVASAN LO KA'AMRINAN - we were not speaking about a case
in which the Mitzvah for the Korban is that it should be burned in the Beis
ha'Sereifah (the Beis ha'Deshen)
13) [line 29] (HAREI) [V'HA IKA] KODEM HEFSHET V'KODEM ZERIKAH - but,
however, there is the case of a Korban becoming invalidated before the
skinning and before the Zerikas ha'Dam (where the Halachah dictates that it
should be burned, according to both Rebbi and Rebbi Elazar b'Rebbi Shimon)
14) [line 30] CHALUTZ KA'AMRINAN - we were referring to [a case where the
animal was already] skinned
15) [line 33] SHE'EIN HEFSHET KODEM ZERIKAH - that the animal should not be
skinned before the Zerikas ha'Dam
16) [line 33] NIMTZEIS TEREIFAH BI'VENEI ME'AYIM - it is found to be a
Tereifah [after the slaughtering and skinning, when a defect was found] in
its innards (TEREIFAH)
A Tereifah is a person or an animal that has acquired or was born with a
fatal defect that will result in his or its death within a year. The signs
of a Tereifah are described in Chulin 42a et seq. (There are some who
maintain that a Tereifah can live for more than a year -- see Chulin 42a-b.)
17) [line 34] DEIKA NAMI D'KETANI... - [the wording of the text of our
Mishnah] is also precise (and hence supportive of what was just proposed),
for the Tana states...
18) [line 36] GEVULIN - (lit. the borders) in the rest of Eretz Yisrael
besides Yerushalayim (a Bechor found to have a blemish may be slaughtered
and eaten outside of Yerushalayim)
19) [line 37] KESHE'HITIRO MUMCHEH - when an expert pronounced that the
animal had a blemish that rendered it unfit to be offered as a Korban
(BECHOR)
(a) The Kedushah of Bechor rests on every first-born male of cattle, goats
or sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. Only a Mumcheh (an expert) has the authority to
pronounce that a Bechor has a Mum (Bechoros 28a). After its blood and
Eimurim (see Background to Yevamos 7:8 and 100:9) are offered on the
Mizbe'ach, its meat is eaten in Yerushalayim during the following two days
and the intervening night.
(c) If the animal has or develops a Mum, it becomes the property of the
Kohen. It must be slaughtered and eaten during its first year. If it
developed a Mum after the first year, it must be slaughtered and eaten
within thirty days. The Kohen can give it away or sell it, even to a
non-Kohen. However, it may not be sold in a meat market or weighed in the
usual manner. It may not be redeemed with money.
(d) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor
until it develops a Mum. Alternatively, he can sell it, even if it has no
Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be
bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393,
#445).
20) [line 37] V'HILCHESA K'DIVREI CHACHAMIM - and the Halachah follows the
opinion of the Chachamim of our Mishnah, (a) that a Bechor that does not
have a Mum that is found to be a Tereifah nowadays is burned (against the
opinion of Rebbi Chanina Segan ha'Kohanim). However, the Chachamim agree
with Rebbi Akiva regarding a Bechor Ba'al Mum that is found to be a
Tereifah, that the flesh is buried and the hide is given to the Kohanim
(RAMBAM Hilchos Bechoros 3:10, SEMAG Esin #211); (b) that with regard to
both a Bechor Tam and a Bechor Ba'al Mum that is found to be a Tereifah
nowadays, the hide is buried along with the flesh; only a Bechor Tam that is
found to be a Tereifah in the Azarah of the Beis ha'Mikdash is taken out to
be burned along with its hide (RI, ROSH to Bechoros 5:2, SHULCHAN ARUCH
Yoreh De'ah 307:2) (YOSEF DA'AS)
21a) [line 38] PARIM HA'NISRAFIM
(a) The Torah requires that on certain occasions a bull be brought as a
Korban Chatas, the blood of which is brought into the Heichal and is
sprinkled on the Paroches and on the Mizbach ha'Ketores. The Sheyarei ha'Dam
(the remainder of the blood) was poured on the Western Yesod (foundation) of
the Mizbe'ach. The remains of these bulls are entirely burned in the place
outside of Yerushalayim where the ashes from the Mizbe'ach are deposited.
(b) These bulls are: 1. the bull offered by the Kohen Gadol on Yom
ha'Kipurim, the blood of which is also sprinkled in the Kodshei Kodashim
(Vayikra 16:27, see Background to Zevachim 47:11a); 2. the bull brought by
the Kohen Gadol if he sinned b'Shogeg (Par Kohen Gadol) (Vayikra 4:12, see
Background to Shevuos 14:13:b-d); and 3. the bull brought by the Sanhedrin
if they erred in a Halachic ruling and caused the people to sin b'Shogeg
(Par He'elem Davar) (Vayikra 4:21, see Background to Horayos 2:1).
b) [line 39] SE'IRIM HA'NISRAFIM
(a) The Sanhedrin (the Jewish Supreme Court) must bring a Korban if they
issued a mistaken ruling permitting an act of idolatry that carries a Chiyuv
Kares and the Jewish people in Eretz Yisrael (the majority of the people or
the majority of the tribes) conducted themselves based on this ruling. The
sages bring a young bull as an Olah and a male goat as a Chatas on behalf of
each of the tribes. The people are exempt, since they relied on the Beis Din
ha'Gadol. The goats are called Se'irei Avodas Kochavim or Se'irim
ha'Nisrafim (RAMBAM Hilchos Shegagos 12:1).
(b) The blood of the goats is sprinkled in the Heichal on the Paroches and
the Mizbach ha'Ketores. The Sheyarei ha'Dam (the remainder of the blood) was
poured on the Western Yesod (foundation) of the Mizbe'ach. The remains of
the goats are burned outside of the city of Yerushalayim where the ashes
from the Mizbe'ach are deposited (Bamidbar 15:22-26).
22) [line 39] K'MITZVASAN - as is the Mitzvah for these Korbanos
23) [line 39] B'VEIS HA'DESHEN
(a) There are four places associated with the Beis ha'Mikdash that are
called "Beis ha'Deshen" (ash-pile):
1. The first Beis ha'Deshen, also known as Mekom ha'Deshen, was located
southeast of the outer Mizbe'ach alongside the ramp, at a distance of three
Tefachim (approximately 22.8, 24 or 28.8 cm, depending upon the differing
Halachic opinions) from the ramp and 10 Amos north (approximately 4.56, 4.8
or 5.76 meters) of the foot of the ramp. The Terumas ha'Deshen (a
shovel-full of ashes lifted from the bonfire of the outer Mizbe'ach) and
ashes from the Menorah and the inner Mizbe'ach were put there every morning.
Additionally, when a bird was brought as an Olas ha'Of, the Kohen cut out
the crop and surrounding feathers of the bird (or, according to some
Tana'im, the crop and the intestines -- Zevachim 65a) and threw them onto
this Beis ha'Deshen.
2. The second Beis ha'Deshen was located immediately to the east of the
outer Mizbe'ach. It was used for burning the parts of certain Korbanos that
became Pesulim, where the Pesul occurred before the Zerikas ha'Dam. These
parts were the meat and the Eimurim of Kodshei ha'Kodashim, the Eimurim of
the Kodshim Kalim, and the Parim and Se'irim ha'Nisrafim (the bulls and
goats, the remains of which were burned) (Pesachim 24a, Zevachim 104b).
3. The third Beis ha'Deshen was located on Har ha'Bayis and was used for
burning the Parim and Se'irim ha'Nisrafim that became Pesulim, where the
Pesul occurred after the Zerikas ha'Dam (according to Rav Nachman Amar Rabah
bar Avuha) or after they were taken out of the Azarah (according to Tani
Levi).
4. The fourth Beis ha'Deshen was also called the Shefech ha'Deshen. Most of
the ashes from the sacrifices burned on the outer Mizb'ach were cleared away
to the Tapu'ach, a large pile of ashes in the middle of the Mizbe'ach. The
Torah states that when this pile becomes excessively large, the ashes must
be cleared away to the Shefech ha'Deshen, the ritually clean place outside
the camp in the desert or outside of Yerushalayim where the ashes from the
Mizbe'ach are deposited (Vayikra 4:12, 6:4). The Parim and Se'irim
ha'Nisrafim that did not become Pesulim during their Avodah were also burned
in this Beis ha'Deshen.
(b) The Beis ha'Deshen mentioned in our Gemara is the one called the Shefech
ha'Deshen (see above, a:4).
24) [line 39] METAM'IN BEGADIM - those people who handle the burning of the
Parim ha'Nisrafim and the Se'irim ha'Nisrafim become Tamei to the extent
that they in turn are Metamei the clothes that they are wearing (Vayikra
16:28; RAMBAM Hilchos Parah Adumah 5:4)
25) [last line] BEIS HA'BIRAH - the Gemara (Daf 104b) discusses the meaning
of this phrase. According to Rebbi Yochanan, this refers to a place (a
tower, according to the Yerushalmi Pesachim 7:8) on Har ha'Bayis (perhaps
the Antonia fortress - MK). If so, the Mishnah must be referring to a case
where the Parim ha'Nisrafim and the Se'irim ha'Nisrafim became invalidated
after the Zerikas ha'Dam (according to Rav Nachman Amar Rabah bar Avuha) or
after they were taken out of the Azarah (according to Levi). These Korbanos
are burned in the Beis ha'Deshen described above, entry #23:a:3. According
to Reish Lakish, "Beis ha'Birah" refers to the entire Beis ha'Mikdash
compound, which includes the Azarah of the Beis ha'Mikdash and Har ha'Bayis.
(The Yerushalmi Pesachim 3:5 records the words of Reish Lakish as, "Kol
*Har* ha'Bayis Karuy Birah she'Ne'emar...") As such, the Mishnah is
referring both to Parim ha'Nisrafim and the Se'irim ha'Nisrafim that became
invalidated before *or* after the Zerikas ha'Dam.
104b---------------------------------------104b
26) [line 1] SOVLIN - hauling
27) [line 1] MOTOS - poles
28) [line 6] AD SHE'YUTZAS HA'UR B'RUBAN - until most of them have caught
fire (i.e. the majority of the animal being burned)
29) [line 13] PESULEI KODSHEI KODASHIM - the parts of Korbenos Kodshei
Kodashim that became Pesulim (KODSHEI KODASHIM)
(a) The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham
(and Menachos), which have a *greater* degree of sanctity. They may only be
slaughtered in the northern part of the Azarah and those parts that may be
eaten may only be eaten in the Azarah by male Kohanim.
(b) Kodshei Kodashim that become Pesulim (invalid), where the Pesul occurred
before the Zerikas ha'Dam, were burned in the Beis ha'Deshen in the Azarah
(see above, entry #23:a:2). This includes the meat and the Eimurim of
Kodshei ha'Kodashim and the Parim and Se'irim ha'Nisrafim (the bulls and
goats, the remains of which were burned).
30) [line 14] EIMUREI KODASHIM KALIM - the Eimurim of Korbenos Kodshim Kalim
that became Pesulim (KODSHIM KALIM)
(a) The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser
Behemah, Pesach and Bechor, which have a *lesser* degree of sanctity. They
may be slaughtered in the entire Azarah (and not only in its northern part)
and may be eaten in the entire city of Yerushalayim by men or women.
(b) The Eimurim are the fats and other parts of the Korban that are burned
on the Mizbe'ach. They consist of: 1. the layer of fat covering the
stomachs; 2. all other fat attached to the stomachs; 3. the two kidneys; 4.
the fat on the kidneys; 5. The Yoseres, which is either the diaphragm
(RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4). When
the Eimurim became Pesulim before the Zerikas ha'Dam, they were burned in
the Beis ha'Deshen in the Azarah (see above, entry #23:a:2).
31) [line 19] UCH'MITZVASAN - [when they have not become Pesulim] the
Mitzvah for these Korbanos [is that it should be burned in the Beis
ha'Deshen]
32) [line 19] SHALOSH MACHANOS
(a) There are three Machanos (designated holy areas) within the city of
Yerushalayim, corresponding to their respective areas in the Midbar:
1. The entire area within the walls of Yerushalayim, excluding Har ha'Bayis,
is Machaneh Yisrael. This area corresponds to the area of encampment of the
twelve tribes in the Midbar. Machaneh Yisrael is off-limits to Metzora'im.
(Metzora'im are also forbidden to enter any walled city in Eretz Yisrael.)
2. The area between the Azarah and the wall encompassing Har ha'Bayis,
including the Ezras Nashim, is Machaneh Leviyah. This corresponds to the
area around the Mishkan, where the Leviyim encamped. This area is prohibited
not only to Metzora'im, but also for Zavin, Zavos, Nidos and Yoldos.
3. The entire area within the Azarah (i.e. the Ezras Yisrael and the Ezras
Kohanim that contained the Beis ha'Mikdash, the Mizbe'ach, and various
Lishkos or chambers -- not the Ezras Nashim) is Machaneh Shechinah
(excluding the area under the gate to the Azarah known as Sha'ar Nikanor).
This corresponds to the area of the Mishkan [within the Kela'im/curtains].
This area is even prohibited to a person who is Tamei Mes.
(b) The Mitzvah for the Parim ha'Nisrafim and the Se'irim ha'Nisrafim is
that it should be burned outside of the three Machonos listed above, in the
Beis ha'Deshen called the Shefech ha'Deshen (see above, entry #23:a:4).
33) [line 26] BI'YETZI'ASAN - after they are taken out of the Azarah
34) [line 28] LINAH MAHU SHE'TO'IL? (PESULEI KORBAN: LINAH)
(a) Linah is the term used when any parts of the Korbanos were not placed on
the Mizbe'ach until the following morning. They become disqualified and may
never be placed on the Mizbe'ach. Nosar, a type of Linah, defines parts of
Korbanos that were not eaten during their allotted time (see Background to
Zevachim 98:3b), that become disqualified and may never be eaten.
(b) Rebbi Yirmeyah asks whether the prohibition of Linah invalidates the
Parim ha'Nisrafim and the Se'irim ha'Nisrafim if they were not burned on the
day that they were sacrificed.
35) [line 29] KI MEHANYA LINAH - Linah works [to invalidate a Korban]
36) [line 30] D'VAR ACHILAH - which is a part of the Korban that is eaten
(either literally or by being burned ("eaten") on the Mizbe'ach)
37) [line 33] V'SHAVIN - and they agree. Rebbi Shimon and the Chachamim, who
argue (Daf 43a) as to whether intentions of "Chutz li'Zemano" ("Pigul" --
see Background to Zevachim 23:11a) apply to Chat'os ha'Penimiyos, agree that
if the intention was to *eat* the Parim ha'Nisrafim and the Se'irim
ha'Nisrafim, or to burn them on the day *after* they were sacrificed, that
the laws of Pigul do *not* apply (RASHI).
38) [line 38] MO'ALIN BAHEN MISHE'HUKDESHU - one who benefits from them
transgresses the prohibition of Me'ilah from the time that they were
sanctified (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...
u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your
pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos
Me'ilah 1:1-3). The minimum amount for which one transgresses this
prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh b'Mezid (intentionally), he is liable
to Malkus (according to the Rabanan; according to Rebbi he is liable to
Misah b'Yedei Shamayim - Sanhedrin 83a) and must pay to Hekdesh the amount
that he benefited. However, the object from which he benefited remains
Hekdesh.
(c) If someone benefited from Hekdesh b'Shogeg (unintentionally), the object
loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the
value of his benefit plus an additional *fifth* (of the ensuing total, or a
*quarter* of the original value). This is true of any object that has
Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that
has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the
utensils used in the Beis ha'Mikdash or a live Korban that is used in the
Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances
(Rosh Hashanah 28a).
39) [line 39] HUCHSHERU LIPASEL - they become all set (lit. fit) to be
invalidated
40) [line 39] 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.
41) [line 39] 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.
42) [line 43] MIDI IRYA? - Is this a proof? (Perhaps the Reisha refers to
(Linas) Eimurim and the Seifa refers to (Hatachas) Basar!)
43) [line 46] YETZI'AH - being taken out of the area designated for them
[*before* Zerikas ha'Dam (which invalidates them, since their time to be
taken out has not yet arrived)]
44) [line 50] BASAR, D'EIN SOFO LATZEIS - the flesh of Kodshim Kalim, that
does not have a requirement to be taken out of the Azarah (as opposed to the
flesh of the Parim ha'Nisrafim and the Se'irim ha'Nisrafim)
45) [line 53] SHE'YATZA RUBO B'MI'UT EVER - one of the Parim ha'Nisrafim or
the Se'irim ha'Nisrafim, the majority of which was taken out of the Azarah,
but the majority was only achieved with the departure of a minority of a
limb that was mostly still in the Azarah
46) [line 54] BASAR RUBA SHADINAN LEI - is considered Halachically to be
(lit. is thrown) in the same place as the majority [of the limb]
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