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Zevachim, 42
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42b
1) "PIGUL" OF A "CHATZI MATIR"
QUESTION: The Gemara earlier (41b) cites the Mishnah in Menachos (16a) in
which Rebbi Meir rules that if the Kohen has in mind a thought of Pigul at
the time that he offers the Kometz and Levonah, the offering is considered
Pigul. According to one explanation in the Gemara, Rebbi Meir is teaching
that Pigul can be made with a partial Matir -- "Mefalgin b'Chatzi Matir."
This means that if there are two different Avodos that, together, permit a
Korban to be eaten or to be offered on the Mizbe'ach, it is not necessary to
have a thought of Pigul for both of them; the Pigul takes effect even if it
is thought for only one of them. The Gemara cites a Beraisa which teaches
that, according to Rebbi Meir, if the Kohen Gadol has a thought of Pigul
while performing the Zerikas ha'Dam of the Par and Se'ir on Yom Kipur, the
Korban becomes Pigul whether he had the Pigul thought during the first set
of Zerikos, during the second set, or during the third set, and eating the
meat of the Korban is punishable with Kares. Rebbi Meir is consistent with
his opinion with regard to the Kometz and Levonah. All of the Zerikos that
are done with the blood are a single Matir. Rebbi Meir maintains that the
Kohen Gadol can cause the Zerikos to become Pigul even if he thinks a
thought of Pigul during one of the sets of Zerikos, because he holds
"Mefalgin b'Chatzi Matir."
The Gemara questions the opinion of Rebbi Meir. How can a thought of Pigul
during the Zerikos in the Kodesh ha'Kodashim create an Isur of Pigul on the
Korban? There is a rule that Pigul is created only when all of the Avodos of
the Korban are done properly. The Gemara asks that if the Zerikos in the
Kodesh ha'Kodashim were done with a thought of Pigul but the other Zerikos
were not, then a situation has been created in which the Zerikos, as a
whole, were not done properly, since half were done with a thought of Pigul
and half were done without a thought of Pigul. Since the Zerikos were not
done properly, the Korban should not become Pigul and there should be no
Chiyuv of Kares!
RASHI (DH Ki Hadar) explains that if all of the Zerikos had been done with
Pigul, then even though the Zerikos were not done properly (since they were
done with a thought of Pigul), nevertheless -- with regard to the Isur Kares
of Pigul -- it is considered as if the Korban was offered properly, because
this is the only way that the Isur of Pigul could ever take effect. If,
however, half of the Avodah of Zerikah was done properly and half was done
with a thought of Pigul, the Avodah should be considered to have been done
improperly (with regard to Pigul taking effect), since it was neither a
fully valid Avodah nor a fully invalid (Pigul) Avodah.
TOSFOS (DH Ki) asks a number of questions on this Gemara.
First, why does the Gemara ask this question only on the case of Chatzi
Matir with regard to the Zerikos done in the Heichal or in the Kodesh
ha'Kodashim? The Gemara's question should apply to every single case of
Pigul that takes effect on a Chatzi Matir, since only half of the Matir was
done with Pigul and half was done without a thought of Pigul! It is clear
from the Gemara that the question applies only to the Zerikos, and not to a
normal Chatzi Matir, since the Gemara waits to cite the Beraisa that
discusses the Zerikos before asking this question. If the question applies
to every case of Chatzi Matir, then the question should have been raised
either at the beginning of the Sugya, or at the end (before the next
Mishnah), rather than being associated with the Beraisa that discusses the
Zerikos. This is also clear from the words of Rashi (DH Amar Mar). Why,
then, can we not ask the same question on every case of Chatzi Matir? (See
SEFAS EMES.)
Second, the Gemara asks that if the Haza'os in the Kodesh ha'Kodashim were
Pasul, then the remaining Haza'os in the Heichal should not be considered to
have been done properly, since part of the Avodah was done with a thought of
Pigul. Why is the Gemara bothered only by the Haza'os of the Heichal being
Pasul? If Rebbi Meir maintains that "Mefalgin b'Chatzi Matir," then even if
the Kohen Gadol had a thought of Pigul at the time of the first Zerikah in
the Kodesh ha'Kodashim, it should disqualify all of the subsequent Zerikos
in the Kodesh ha'Kodashim and in the Heichal. The Gemara should have asked
that after the first Zerikah of Pigul, all of the other Zerikos -- even
those in the Kodesh ha'Kodashim -- are not considered to have been done
properly. Why, then, does the Gemara ask only that the Haza'os in the
Heichal were not done properly?
ANSWERS:
(a) TOSFOS cites RABEINU TAM who explains that the Gemara is assuming that
if the Kohen has a thought of Pigul during part of a Matir, that does not
automatically invalidate the other part of the Matir to make it be
considered an improperly-performed Avodah. The logic for this is
straightforward; just as we say that if the Shechitah was done with a
thought of Pigul and the rest of the Avodos were done without a thought of
Pigul, it is considered as though the Korban was offered properly since the
thought of Pigul is "Meratzeh l'Figulo," similarly, if one of the Matirim
was offered with a thought of Pigul and the other was not, it is considered
to be an Avodah that was done entirely with a thought of Pigul, because of
the thought of Pigul that was thought during one of the Matirim, and the
Avodah is "Meratzeh l'Figulo.: However, this applies only to two Matirim
which are performed in the same location, such as the Haktarah of the Kometz
and the Levonah (performed on the outer Mizbe'ach). The same would apply to
the various Haza'os that are done in the Kodesh ha'Kodashim, and to the
various Haza'os that are done in the Heichal. However, if one of the Haza'os
in the Kodesh ha'Kodashim was done with Pigul, the thought of Pigul cannot
affect the Haza'os done in the Heichal, since they are performed in a
different location. It is only in this case that the Gemara asks that an
Avodah which is done half with a thought of Pigul and half without should
not be "Meratzeh l'Figulo."
(b) RASHI (DH Amar Mar) does not seem to make the same distinction as
Rabeinu Tam. Rather, it appears from the words of Rashi that even a Chatzi
Matir can sometimes be a complete "Avodah" and can be "Meratzeh l'Figulo."
However, a single Zerikah or set of Zerikos is not considered a complete
"Avodah," and therefore it will not be "Meratzeh l'Figulo."
Rashi's intention seems to be that when different parts of a Matir are
performed with different objects, the part that is performed with each
object is considered a separate Avodah. Therefore, the offering of the
Kometz and of the Levonah can be considered separate Avodos, even though
each one is half a Matir. (The Gemara also refers to the Haktarah of each of
the two Bezichei Levonah that are placed on the Shulchan as being a Chatzi
Matir. In such a case as well, the Haktarah of each of the Bazichim will be
considered a separate Avodah.)
However, the Haza'os in the Kodesh ha'Kodashim and the Heichal are performed
with the same blood. Therefore, the Avodah of the blood cannot be considered
to have been completed until all of the Haza'os are completed. If the Kohen
is performs half of the Haza'os with a thought of Pigul and half without, it
will not be "Meratzeh l'Figulo." This is why the Gemara's question applies
only to the Haza'os. (M. Kornfeld)
This explanation answers the first question of Tosfos. The KEREN ORAH points
out that an answer to the second question of Tosfos can be found in Tosfos
in Menachos (16a, DH Bein ba'Rishonah). Tosfos there infers from Rashi that,
according to Rebbi Meir, if the Kohen Gadol has a thought of Pigul during
only some of the Haza'os in the Kodesh ha'Kodashim and not during all of
them, then it will not be considered even Pigul of a Chatzi Matir, and the
Korban will be valid. The Korban can become Pigul, according to Rebbi Meir,
only when the Kohen has a thought of Pigul throughout all of the Haza'os in
the Kodesh ha'Kodashim, or all of the Haza'os in the Heichal, or all of the
Haza'os of the Keranos of the Mizbe'ach, or all of the Haza'os of the top of
the Mizbe'ach. The reason for this is because although Rebbi Meir maintains
that Pigul can be made with a Chatzi Matir, it cannot be made with a *half*
of a Chatzi Matir (a Chatzi Chatzi Matir). This is why Rebbi Meir says that
the Pigul must be done with either the Kometz or the Levonah, implying that
it cannot be made Pigul with a thought of Pigul during the Haktarah of half
of the Kometz or half of the Levonah.
The Keren Orah asks that according to this, Rebbi Meir should not consider
it Pigul if the Kohen had a thought of Pigul during the Haza'ah of one of
the four corners of the Mizbe'ach ha'Penimi, just as we find that on Yom
Kipur the Haza'ah on one of the corners of the Mizbe'ach ha'Penimi is not
considered a Chatzi Matir. However, the Mishnah (36b) states clearly that it
*is* considered Pigul under such circumstances, and the Gemara (41b)
explains that the Mishnah follows the opinion of Rebbi Meir who holds
"Mefalgin b'Chatzi Matir." This seems to contradict the assumption of Tosfos
in Menachos.
Perhaps we may answer the question of the Keren Orah as follows. The only
reason why Tosfos considers a single Zerikah in the Kodesh ha'Kodashim, or
on one of the corners of the Mizbe'ach, on Yom Kipur to be like a "Chatzi
Kometz" is because on Yom Kipur each set of Haza'os is considered a separate
Avodah, as Tosfos there proves from the wording of the Beraisa. Since each
one is considered a separate Avodah, a thought of Pigul during *half* of one
is comparable to a thought of Pigul during half of the Kometz or half of the
Levonah.
Is this true, though, with regard to the Par He'elem Davar, Par Kohen
Mashi'ach, and Se'irei Avodah Zarah as well? The blood of these Korbanos is
not sprinkled in the Kodesh ha'Kodashim, nor on the top of the Mizbe'ach
ha'Penimi. Rather, it is sprinkled seven times on the Paroches and four
times on the corners of the Mizbe'ach. Are these two sets of Haza'os
considered separate Avodos, as we find with regard to the Par and Se'ir of
Yom Kipur, or are they considered one long Avodah?
The Keren Orah, at the end of the Sugya, and the GEVURAS ARI (Hashmatah to
Yoma 61b) assume that the Haza'os of these forms of Chata'os are also
considered separate Avodos. Therefore, if the blood spills after the Haza'os
on the Paroches and a new Korban must be slaughtered, the Avodah may be
continued with the Haza'os on the corners of the Mizbe'ach, and it is not
necessary to repeat the Haza'os on the Paroches.
This indeed is the most straightforward reading of the Beraisa here, which
seems to apply the phrase, "Bein ba'Rishonah u'Vein ba'Sheniyah," to the
eleven Haza'os of the other Chata'os as well.
The MIKDAS DAVID (23:4) also takes this approach. He cites support for this
from the words of Rashi in Menachos (7b, DH b'Dam Mai). Others cite support
for this from Rashi in Zevachim (110a, DH ha'Zorek), who says that a person
is Chayav for performing the Haza'os outside of the Azarah only when he
performs *seven* Haza'os outside of the Azarah, implying that the seven
Haza'os constitute a separate Avodah. However, the MINCHAS AVRAHAM (2:18)
cites the BRISKER RAV and CHAZON ISH who disagreed with this based on
logical grounds. They argued that the Haza'os of Yom Kipur are performed in
order to attain the Kaparah that the day provides. Therefore, the Korban is
secondary to the Haza'os, and thus it is possible to slaughter a new animal
in order to complete the Haza'os (which were interrupted by the blood
spilling). In contrast, in the case of the other Chata'os ha'Nisrafos, it is
the Korban which provides the Korban. Therefore, if the blood spills and the
animal becomes disqualified, then the Haza'os which were already performed
also become disqualified. In fact, the Halachah that the Haza'os of Yom
Kipur may be continued from where they left off is learned from a verse that
pertains specifically to Yom Kipur. (The Minchas Avraham demonstrates ways
to refute the proofs that were brought in support of the Keren Orah.)
Tosfos in Menachos perhaps distinguishes between the Chata'os of Yom Kipur
and the other Chata'os ha'Nisrafos. Therefore, Tosfos maintains that all of
the eleven Haza'os of the Chata'os ha'Nisrafos are considered a single
Avodah. Therefore, any single Haza'ah would be considered a Chatzi Matir.
Tosfos writes that a single Haza'ah is considered a "Chatzi Chatzi Matir"
only with regard to the Haza'os of Yom Kipur, since each set of Haza'os is
considered a separate Avodah, and thus each set is comparable to the Kometz
and Levonah. (M. Kornfeld)
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