MENACHOS 47 (21 Nisan) - dedicated by Mr. Michael Missry in memory of his brother, Joseph M. (Yosef ben Arlene) Missry.

[47a - 37 lines; 47b - 39 lines]

1)[line 11]כל עשיותיוKOL ASIYOSAV- all of its procedures (the Shtei ha'Lechem becomes Kadosh only when all of the procedures of the Kivsei Atzeres - i.e. the Shechitah and the Zerikah - are performed properly)

2)[line 13]בזביחהB'ZEVICHAH- through the slaughtering (of the Kivsei Atzeres)

3a)[line 17]קדוש ואינו גמורKADOSH V'EINO GAMUR- it is holy, but not completely (the Gemara later will explain what this means)

b)[line 18]קדוש ואינו ניתרKADOSH V'EINO NITAR- it is holy, but it is not permitted to the Kohanim (to eat)

4)[line 19]למיתפס פדיונוL'MITPAS PIDYONO - for its redemption to take effect (PIDYON HEKDESH)

(a)If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash in its present state, the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh.

(b)If the object that is consecrated to Hekdesh is an object that can acquire intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a Korban that is used in the Beis ha'Mikdash "as is" (such as the Shtei ha'Lechem in the case of our Gemara), it becomes Kadosh with Kedushas ha'Guf. An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish), and a non-animal offering, such as the Shtei ha'Lechem, cannot be redeemed at all.

(c)The Gemara here suggests that a difference between the opinions of Abaye and Rava regarding the status of the Shtei ha'Lechem (when the Shechitah of the Kivsei Atzeres was done Lishmah, but the Zerikah was not done Lishmah) is whether or not the Shtei ha'Lechem can be redeemed. According to the Girsa of our text, Abaye maintains that the Shtei ha'Lechem may not be redeemed, because they do not have a complete Kedushah, and only items with complete Kedushah may be redeemed (see Tosfos). Rava maintains that they may be redeemed, because they have complete Kedushah.

Rashi, however, prefers an alternate Girsa, according to which Abaye maintains that the Shtei ha'Lechem may be redeemed, and Rava maintains that they may not be redeemed. According to this Girsa, Abaye maintains that the Shtei ha'Lechem have Kedushah of Kedushas Damim, but not the inherent Kedushah of Kedushas ha'Guf, and an object with Kedushas Damim may be redeemed. Rava maintains that they may not be redeemed, because they are fully Kadosh with Kedushas ha'Guf.

5)[line 23]לאיפסולי ביוצאL'IFSULEI B'YOTZEI- to become invalidated by being taken out of the Azarah of the Beis ha'Mikdash

6)[line 32]חוץ לזמנןCHUTZ LI'ZEMANAN - with intention to eat the meat of the Kevasim after its allotted time (PIGUL)

(a)A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam - see Background to Zevachim 2:1:b) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified. It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, Pigul Yiheyeh." - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).

(b)If a person eats a k'Zayis of Pigul b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav for eating Pigul is learned from the verse of the Milu'im (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 #144.)

7)[line 36]אין זריקה מועלת ליוצאEIN ZERIKAH MO'ELES L'YOTZEI- the Zerikah of the blood of a Korban on the Mizbe'ach does not affect the flesh of the Korban once it has become Pasul by being removed from the Beis ha'Mikdash (for example, the Zerikah does not remove from the flesh the prohibition of Me'ilah, or enable it to become Pigul, Nosar, or Tamei)

47b----------------------------------------47b

8)[line 1]אימורי קדשים קליםEIMUREI KODASHIM KALIM - the fats and other parts of the Kodshim Kalim

(a)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).

(b)The Eimurim of Kodashim Kalim are not subject to the prohibition of Me'ilah until the blood of the Korban has been cast on the Mizbe'ach. Once the blood has been cast, the Eimurim become the full property of "Gavoha" and are no longer the property of the owner at all, and as such are subject to the prohibition of Me'ilah (see below, entry #10).

9)[line 1]שיצאוSHE'YATZ'U- that went out [of the Azarah of the Beis ha'Mikdash, and thereby became Pasul]

10)[line 2]אין מועלין בהןEIN MO'ALIN BAHEN - one who benefits from them does not transgress the prohibition of Me'ilah (since they became invalidated by being taken out of the Beis ha'Mikdash, and thus the Zerikah of the blood of the Korban on the Mizbe'ach does not make them subject to Me'ilah) (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).

11)[line 5]מדזריקת פיגול קבעה ללחם בפיגול (ביוצא) כבשרMID'ZERIKAS PIGUL KAV'AH LA'LECHEM B'FIGUL (B'YOTZEI) K'VASAR- since the Zerikah [of the blood of the Kivsei Atzeres] performed with a thought of Pigul (see above, entry #6) causes the bread [of the Shtei ha'Lechem] to become invalid as Pigul just like the meat of the Korban (because the Lechem is considered to be part and parcel of the Kevasim, such that if the Kevasim become Pigul, the Lechem also becomes Pigul) [so, too, a Zerikah which is done she'Lo Lishmah, which is valid with regard to allowing the Korban to be offered, also serves to permit the Lechem to be eaten] (this Girsa is according to the SHITAH MEKUBETZES #1 and DIKDUKEI SOFRIM #2)

12)[line 7]לחומרא אמרינןL'CHUMRA AMRINAN- we say [this principle - that the Lechem is considered part of the Kevasim] in order to be stringent (and to invalidate the Lechem as Pigul) [but we do not say this principle in order to be lenient and allow the Lechem to be eaten]

13)[line 9]דכי איתנהו אבראיD'CHI ISNAHU AVRAI- [how do you know that Rebbi Eliezer and Rebbi Akiva are arguing] in a case in which they (the Shtei ha'Lechem) are still outside [of the Beis ha'Mikdash]

14)[line 11]ובהדר עיילינהוUV'HADAR AILINHU- and [they are arguing] in a case in which he subsequently brought them (the Shtei ha'Lechem) back into the Azarah of the Beis ha'Mikdash (Rav Papa asserts that Rebbi Eliezer and Rebbi Akiva do not argue when the Shtei ha'Lechem are still outside of the Azarah at the time of the Zerikas ha'Dam of the Kivsei Atzeres. In that case, all opinions agree that the Zerikah has no effect upon the Shtei ha'Lechem (to make a person liable for Me'ilah or liable for eating Nosar, etc.), since the Shtei ha'Lechem have become Pasul. The argument between them applies when the Shtei ha'Lechem were returned to the Azarah for the Zerikas ha'Dam)

15a)[line 21]אינה מביאה לידי מעיל'EINAH MEVI'AH LI'YEDEI ME'ILAH- it (the Zerikah with a thought of Pigul) does not cause [the Eimurim of Kodashim Kalim; see above, entry #8] to be subject to Me'ilah (because the Zerikah is Pasul and is ineffective in making the Eimurim become the property of "Gavoha," such that they would be subject to Me'ilah)

b)[line 22]ואינה מוציאה מידי מעיל'V'EINAH MOTZI'AH MI'YEDEI ME'ILAH- and it does not take [the meat of Kodshei Kodashim] out of being subject to Me'ilah (because the Zerikah is Pasul and is ineffective in making the meat become permitted to Kohanim, such that it would no longer be subject to Me'ilah)

16)[line 24]לאו איתותב?LAV ITOSAV?- but was he not already refuted?

17)[line 26]אבד הלחםAVAD HA'LECHEM- the Shtei ha'Lechem was lost (or destroyed)

18)[line 27]שלא לשמןSHE'LO LISHMAN- [may the Kohen perform the Zerikas ha'Dam] without proper intention [that the Kevasim serve as the Kivsei Atzeres of Shavu'os, but rather with intention that the Kevasim are ordinary, free-will Korban Shelamim, so that the meat of the Korban will be permitted to eat]

19)[line 29]פסח קודם חצותPESACH KODEM CHATZOS- a Korban Pesach before midday of Erev Pesach (at which time it is not valid as a Korban Pesach, but it is valid to be brought as an ordinary Korban Shelamim)

20)[line 31]שנראה לשמו ונדחה מלשמוSHE'NIR'EH LISHMO V'NIDCHEH MI'LISHMO- that was fit to be offered Lishmo (for the sake of Kivsei Atzeres, since it was originally brought together with the Shtei ha'Lechem), but was pushed off from being brought Lishmo (since the Shtei ha'Lechem became lost)

21)[line 33]פסח אחר (זמנו בשאר ימות השנה) [חצות]PESACH ACHAR (ZEMANO BI'SHE'AR YEMOS HA'SHANAH) [CHATZOS]- a Korban Pesach after midday of Erev Pesach (at which time it becomes fit to be brought as a Korban Pesach, but it becomes pushed off from being fit as a Korban Pesach if its allotted time passes and it is not offered, and it becomes fit to be brought as an ordinary Shelamim)

22)[line 37]והרי תודהV'HAREI TODAH- but there is the case of the Korban Todah, which was slaughtered Lishmo, and then became pushed from being brought as a Todah when its Lechem became broken, and which now may be brought she'Lo Lishmo as an ordinary Korban Shelamim

23)[last line]מושךMOSHECH- he draws out

24)[last line]ומניפןU'MENIFAN- and he waves them in the procedure of Tenufah (the lifting up and waving of the Shtei ha'Lechem together with the Kivsei Atzeres)

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