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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Zevachim 45
1) "KODSHIM" OF NOCHRIM
(a) (Mishnah - R. Shimon): One is not liable for Pigul, Nosar
and Tamei of Kodshim of Nochrim, one who slaughters them
outside the Mikdash is exempt;
(b) R. Yosi says, he is liable.
(c) (Gemara - Beraisa - R. Shimon (Tosfos and Shitah
Mekubetzes - this Tana is anonymous (i.e. Chachamim)):
The following apply to Kodshim of Nochrim:
1. It is forbidden to benefit from them, one who
benefited from them did not transgress Me'ilah;
2. One is not liable for them for Pigul, Nosar and
Tamei;
3. Temurah does not apply to them;
4. Nochrim may not bring just Nesachim, but Nesachim
must be brought with their Korbanos.
(d) R. Yosi is stringent concerning all of these, for it says
"La'Sh-m" (to include Nochrim);
(e) This applies to Kodshei Mizbe'ach, but Me'ilah applies to
Kodshei Bedek ha'Bayis (Rashi - this is according to the
first Tana; Shitah Mekubetzes - R. Shimon agrees that
Me'ilah applies to Kodshei Bedek ha'Bayis).
(f) (Beraisa): It is forbidden to benefit from them, one who
benefited did not transgress Me'ilah.
(g) It is forbidden to benefit from them mid'Rabanan;
1. Me'ilah does not apply to them - we learn this from
a Gezerah Shavah "Chet-Chet" from Terumah;
2. Regarding Terumah it says "Benei Yisrael", teaching
that it does not apply to Nochrim.
(h) (Beraisa): One is not liable for them for Pigul, Nosar
and Tamei.
(i) Regarding Tum'ah, it says "Benei Yisrael", excluding
Nochrim;
1. We learn Nosar from a Gezerah Shavah "Chilul-Chilul"
from Tum'ah, and Pigul from a Gezerah Shavah
"Avon-Avon" from Nosar.
(j) (Beraisa): Temurah does not apply to them.
(k) Question: What is the reason?
(l) Answer #1: Regarding Ma'aser of Degen (grain), it says
"Benei Yisrael", excluding Nochrim;
1. A Hekesh equates Ma'aser Behemah to Ma'aser Degen, a
Hekesh equates Temurah with Ma'aser Behemah.
2. Question: Can something learned from a Hekesh
(Ma'aser Behemah) teach about something else
(Temurah) through another Hekesh (regarding
Kodshim)?!
3. Answer: Ma'aser Degen is Chulin.
4. Question: This is according to the opinion that it
depends on the source we learn from (whether it is
Chulin or Kodshim);
i. But according to the opinion that it depends on
the matter we learn, how can we answer?
(m) Answer #2: Ma'aser Behemah is an obligation (without a
fixed time to bring it) - Nochrim only bring Nedarim and
Nedavos (voluntary Korbanos);
(n) (Beraisa): Nochrim may not bring (just) Nesachim.
(o) (Beraisa): "Ezrach" - only a Yisrael brings Nesachim;
1. Suggestion: Perhaps the Olah of a Nochri does not
require Nesachim!
2. Rejection: "Kachah" (it requires Nesachim).
(p) (Mishnah - R. Yosi): I am stringent concerning all of
these...this applies to Kodshei Mizbe'ach...
(q) Question: What is his reason?
(r) Answer: He learns from a Gezerah Shavah "Chet-Chet" from
Terumah, which is Kedushas ha'Guf (and it does not apply
to Nochrim) - but Kodshei Bedek ha'Bayis (monetary
Kedushah) applies to Nochrim.
2) "RITZUY" OF "KORBANOS" OF NOCHRIM
(a) (Beraisa): If blood became Tamei and Zerikah was done
b'Shogeg, Hurtzah (the Korban is acceptable);
45b---------------------------------------45b
1. If it was b'Mezid, it is not Meratzeh;
(b) This applies to an individual, but a Korban Tzibur is
Hurtzah even b'Mezid;
1. Regarding a Nochri, even b'Shogeg it is not
Meratzeh.
(c) Question: Who is the Tana of the Mishnah?
(d) Answer #1: This is unlike R. Yosi, he is stringent to
consider Korbanos of Nochrim like those of Yisrael in all
respects!
(e) Rejection #1 (Rav Papa): It is even like R. Yosi -
regarding the Tzitz which is Meratzeh) "Lahen" - for
Yisrael, not for Nochrim.
(f) Objection (Rav Huna brei d'Rav Noson): If so, you should
also expound "Asher *Hem* Makdishim" - Yisrael, not
Nochrim!
(g) Rejection #2 (Rav Ashi): It says "*L'Ratzon* Lahem" -
Hash-m is pleased with Yisrael, not with Nochrim.
3) TO WHAT DO "NOSAR" AND "TAMEI" APPLY?
(a) (Mishnah): Nosar and Tamei apply to Kodshim in which
Pigul does not apply, except for blood;
(b) R. Shimon said (just before he died), one is liable for
things that are normally eaten;
1. One is exempt for eating wood, frankincense or
Ketores b'Tum'ah.
(c) (Gemara - Beraisa) Suggestion: Perhaps one is liable for
eating b'Tum'ah only something that has Matirim to people
or the Mizbe'ach!
1. Support: A Kal va'Chomer supports this!
2. One who ate Pigul (b'Shogeg) must bring a Chatas
Behemah (even if he is poor), he is liable even if
he never knew (that it was Pigul before he ate it),
it is never permitted, yet it applies only to
something that has Matirim;
i. The Korban for Tum'ah (a Tamei who ate Kodshim
b'Shogeg) is Oleh v'Yored (a poor person brings
a bird), one is not liable unless he knew that
he was Tamei (and later forgot), it is
sometimes permitted (if most of the Tzibur is
Tamei, they eat Korban Pesach b'Tum'ah), all
the more so it should apply only to something
that has Matirim!
(d) Rejection: "Asher Hem Makdishim Li" (teaches that one is
liable for them b'Tum'ah).
(e) Suggestion: Perhaps one is liable for them from the
moment they became Hekdesh!
(f) Rejection: "Yikrav" (this will be explained);
1. Question (R. Eliezer): Is one Chayav Kares just for
(Kiruv (coming close), i.e.) touching Kodshim?!
(Surely, only for eating!)
2. Answer: Rather, the verse discusses Kodshim that
became permitted:
i. If it has Matirim, this is after the Matirim
were offered;
ii. If it has no Matirim, this is after it was put
in a Kli Shares.
(g) Question: This is the source for Tum'ah - what is the
source for Nosar?
(h) Answer: We learn Nosar from a Gezerah Shavah
"Chilul-Chilul" from Tum'ah.
(i) Question: Why don't we learn from a Gezerah Shavah
"Avon-Avon" from Pigul (that it only applies to something
with Matirim)?
(j) Answer #1: It is more reasonable to learn from Tum'ah,
for this resembles Nosar regarding GeZeL (an acronym for
*G*uf (a Pesul of the Kodshim or person, as opposed to
Pigul, which is a Pesul of intent), *Z*erikah (does not
cause Tamei or Nosar, but it causes Pigul) and Ku*L*o
(Tamei and Nosar need not take effect on the entire
Korban, Pigul always does - Tosfos; Rashi - 'Lamed'
stands for Chi*L*ul, the Gezerah Shavah between Nosar and
Tum'ah).)
(k) Objection: It is more reasonable to learn from Pigul, for
this resembles Nosar in more respects:
1. Neither (Nosar or Pigul) is ever permitted (text of
Rashi and Tzon Kodoshim), the Tzitz is not Meratzeh
for them, they do not pertain to Tum'ah, the
prohibitions are on account of time, the
prohibitions only affect the meat (whereas Tum'ah
applies to one who offers or eats it)!
(l) Answer #2: We learn from Tum'ah on account of Levi's
teaching.
1. (Levi - Beraisa): "V'Lo Yechalelu..." - the verse
alludes to two Chilulim (desecrations through
eating), Nosar and Tum'ah.
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