MENACHOS 49 (23 Nisan) - dedicated by Mr. Avy Reichman of Queens, NY, l'Iluy Nishmas his father, Dovid ben Avraham, for the day of his Yahrzeit.

1) "TADIR" VERSUS "MEKUDASH"
QUESTIONS: The Gemara discusses the following question: If there are enough sheep only for today's Korban Musaf or for tomorrow's Korban Tamid, but not enough for both, which takes precedence? Perhaps the sheep should be set aside for tomorrow's Korban Tamid, since the Korban Tamid is Tadir (more frequent) and the rule is that "Tadir v'she'Eino Tadir, Tadir Kodem" -- that which comes more frequently takes precedence? On the other hand, perhaps the sheep should be used for the Korban Musaf, because the Korban Musaf is Mekudash (holier; see following Insight). The Gemara does not resolve its question.
(a) Why does the Gemara leave its question unanswered? There is a principle of "Ein Ma'avirin Al ha'Mitzvos" -- "we may not pass over Mitzvos" (see Megilah 6b). Once today's Mitzvah of the Korban Musaf arrives, that rule should apply, and the sheep should be used today for the Korban Musaf!
The principle of "Ein Ma'avirin Al ha'Mitzvos" applies even when the second Mitzvah is more important than the first Mitzvah. This is apparent from the well-known Teshuvah of the RADVAZ (4:13) who rules that if one was imprisoned and was given the opportunity to do a Mitzvah once a year, he should ask to be freed at the first opportunity to do a Mitzvah, and he should not wait to do Mitzvos at a later date even if those Mitzvos are more important than the one he can do today. (The CHACHAM TZVI (#106) indeed questions the ruling of the Radvas from the fact that the Gemara here does not answer its question with the principle of "Ein Ma'avirin Al ha'Mitzvos." See Insights to Moed Katan 9:2.)
(b) Since the Gemara comes to no conclusion, the Halachic principle of "Mitzvah ha'Ba'ah l'Yadcha Al Tachmitzenah" should dictate that the sheep be used for today's Korban. This principle states that "when a Mitzvah opportunity comes to your hand, do not pass it up."
For example, the MISHNEH L'MELECH (Hilchos Megilah 1:11) writes in the name of the RAN that when there is a doubt about whether a city was walled from the time of Yehoshua bin Nun, and thus there is a doubt about whether the Megilah is read in that city on the fourteenth or fifteenth of Adar, the Megilah does not have to be read on both days. Rather, it should be read on the first day, the fourteenth of Adar.
Why does the Ran rule that the Megilah should be read only on the fourteenth day and not on the fifteenth day (or on both days)? The RAN gives two reasons. Since most cities in the world are not walled cities, one may assume that this city is also not a walled city. Also, since there is a doubt about when to read the Megilah in this city, the first possible day is chosen due to the principle of "Mitzvah ha'Ba'ah l'Yadcha Al Tachmitzenah." (In truth, the rule of "Safek d'Rabanan l'Kula" should absolve the city from reading on both days, since the reading of the Megilah is a Mitzvah d'Rabanan, and on each day there is a doubt about whether the Megilah should be read on that day. However, if that city were to apply the rule of "Safek d'Rabanan l'Kula," then the Megilah would never be read in that city. Therefore, one day must be chosen for the reading of the Megilah.)
Since the Gemara does not resolve which is preferable, Tadir or Mekudash, the principle of "Mitzvah ha'Ba'ah l'Yadcha Al Tachmitzenah" should determine that the sheep be used for the first possible Mitzvah (the Korban Musaf). Why, then, does the RAMBAM (Hilchos Temidin u'Musafin 8:20) rule that one may choose to use the sheep for either Korban?
ANSWERS:
(a) The DIVREI MALKIEL (1:9) answers that the principle of "Ein Ma'avirin Al ha'Mitzvos" applies only when the imminent Mitzvah is ready to be fulfilled. When preparation is necessary in order to fulfill the Mitzvah, this principle does not apply. (According to this answer, if one picks up his Tefilin before his Talis, in which case the Halachah requires that he put on the Tefilin first because of "Ein Ma'avirin Al ha'Mitzvos," if the Tefilin still need preparation, such as fixing the knot, he may put them down and put on the Talis first.) In the case of the Gemara, the two sheep were not yet dedicated as Korbanos; they still must be sanctified for either today's Musaf or tomorrow's Tamid. Therefore, the rule of "Ein Ma'avirin Al ha'Mitzvos" does not apply.
(b) The Divrei Malkiel answers the question from the rule of "Mitzvah ha'Ba'ah l'Yadcha" as follows. In the case of the reading of the Megilah, there is no difference between the two days. In fact, there is reason to prefer the first day, because that is the day on which most people read the Megilah. Therefore, in that case the Mitzvah should be done at the first opportunity (on the fourteenth). In the case of the Gemara here, however, it is possible that the principle of "Tadir v'she'Eino Tadir, Tadir Kodem" is an overriding factor that should dictate that the sheep be used for the Korban Tamid. Although the Gemara is uncertain about whether Tadir or Kadosh is more important, the possibility that, in practice, the sheep should be used for tomorrow's Korban Tamid (because of Tadir) still exists. (Mordechai Zvi Dicker)
2) THE "KORBAN MUSAF" IS "MEKUDASH"
OPINIONS: The Gemara discusses the following question: If there are enough sheep only for today's Korban Musaf or for tomorrow's Korban Tamid, but not enough for both, which takes precedence? Perhaps the sheep should be set aside for tomorrow's Korban Tamid, since the Korban Tamid is Tadir (more frequent) and the rule is that "Tadir v'she'Eino Tadir, Tadir Kodem" -- that which comes more frequently takes precedence? On the other hand, perhaps the sheep should be used for the Korban Musaf, because the Korban Musaf is Mekudash (holier; see following Insight). The Gemara does not resolve its question.
What exactly does the Gemara mean when it says that the Korban Musaf is "Mekudash"?
(a) RASHI (DH Tadir), in his first explanation, writes that the Musaf is more Kadosh than the Tamid because of the holiness of the day on which it is brought. Since a Korban Musaf by definition is brought only on special days, it always has this special holiness.
The KEREN ORAH notes that according to this logic, if, in the Gemara's case, the following day would be a holy day, then the sheep certainly should be used for the Korban Tamid of that day, since the Tamid on that day is both Tadir and Kadosh. For example, if today is Rosh Chodesh and tomorrow is Shabbos, although the Musaf of today has the holiness of Rosh Chodesh, the Tamid of tomorrow will have both the holiness of Shabbos and the advantage of Tadir.
However, the Keren Orah notes, the Gemara makes no mention of such a ruling, implying that the Gemara's doubt applies even to such a case. Why is the Gemara in doubt when the Tamid has both advantages, Tadir and Mekudash?
The Keren Orah answers that the advantage of Mekudash applies only to a Korban of today. A Korban of tomorrow cannot be considered Mekudash to give it any precedence. Therefore, even if tomorrow is Shabbos, the only advantage that tomorrow's Tamid has is that it is Tadir.
(b) Rashi, in his second explanation, writes that the advantage of Mekudash is determined based on which Korban is brought first when both Korbanos need to be brought at the same time. When both today's Korban Tamid and today's Korban Musaf need to be brought, the Korban Tamid is considered Mekudash, because it is brought first. However, when the question involves the Korban Musaf of today and the Korban Tamid of tomorrow, the Korban Musaf is Mekudash.
The Keren Orah questions this definition of "Mekudash." It is understandable that the first of two Korbanos brought on the same day is Mekudash. However, how can a Korban brought on one day be called more Mekudash than a Korban which is not supposed to be brought on that day? If offering it is not relevant today, it cannot be said that today's Korban is more holier than it. The Keren Orah therefore prefers the first explanation of Rashi. (Mordechai Zvi Dicker, Y. MONTROSE)

49b----------------------------------------49b

3) "THE MUSAF DOES NOT STOP THE TAMID"
QUESTION: The Gemara discusses the following question: If there are enough sheep only for today's Korban Musaf or for tomorrow's Korban Tamid, but not enough for both, which takes precedence? (See previous Insights.) The Gemara attempts to prove from the Mishnah that tomorrow's Tamid and today's Musaf have equal importance, and thus one may bring the sheep for whichever Korban he chooses. The Gemara refutes the proof and explains that the Mishnah means that b'Di'eved, if the Musaf is brought before the Tamid, it is valid.
This explains the Mishnah's statement, "The Temidin do not stop the Musafim." However, how does this explain the continuation of the Mishnah, "The Musafim do not stop the Temidin"? Why should the Musafim stop the Temidin if the Temidin are supposed to be offered before the Musafim?
ANSWERS:
(a) The KEREN ORAH and SEFAS EMES explain that the "Temidin" mentioned here refers to the afternoon Korban Tamid, the Tamid Shel Bein ha'Arbayim. The Mishnah is teaching that if the Musaf is brought after the Tamid Shel Bein ha'Arbayim, the Musaf is valid.
The Keren Orah notes that according to this explanation, when the Mishnah says, "The Musafim do not stop the Temidin," it means that the Musaf is valid even though it was offered after the Tamid. However, the simple understanding of the Mishnah's statement is that the Musaf does not impede the validity of the Tamid. Perhaps the Mishnah is teaching simply that the lack of a Korban Musaf does not impede the validity of the Korban Tamid, and the lack of a Korban Tamid does not impede the validity of the Korban Musaf! The Keren Orah answers that it must be that this is so obvious that the Mishnah has no need to mention it.
(b) The Keren Orah points out that the RAMBAM (Hilchos Temidin u'Musafim 8:20) quotes the Mishnah verbatim, implying that he understands that the simple meaning of the Mishnah is the correct interpretation, that the lack of the Korban Musaf does not impede the validity of the Tamid Shel Ben ha'Arbayim. (However, as mentioned above, it is not clear why one would have thought that the lack of the Musaf invalidates the Tamid Shel Bein ha'Arbayim.) (Mordechai Zvi Dicker, Y. MONTROSE)

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