MENACHOS 90 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

QUESTIONS: The Gemara quotes the Mishnah in Shekalim (4:2) that says that the leftover Nesachim are used for Kayitz ha'Mizbe'ach (to buy Korbanos that are offered on the Mizbe'ach when the Mizbe'ach is not in use). What constitutes "leftover Nesachim"? Rebbi Chiya bar Yosef says that this refers to "Birutzei Midos." RASHI in Kesuvos (106b, DH Birutzei Midos) explains that when a person who sells flour measures out the flour for the Menachos, he tops off the container with extra flour instead of giving a leveled measure. The owner of the Korban Minchah then levels the measure, effectively making the flour which was wiped off into leftover flour of Nesachim. This flour is used for Kayitz ha'Mizbe'ach.
The Gemara later (90b) quotes a Beraisa which supports Rebbi Chiya bar Yosef's opinion. The Beraisa asks what is done with the Birutzei Midos. The Beraisa says that if another Korban needs Nesachim, the Birutzei Midos should be brought with that Korban. If no other Korban needs Nesachim, then the Birutzei Midos become Pasul through Linah (being left overnight), and they may be used for Kayitz ha'Mizbe'ach.
The Beraisa is difficult to understand. The Beraisa says that if the leftover Nesachim are not used for another Korban, then they are left overnight to become Pasul through Linah, but then it says that the Birutzei Midos are used for Kayitz ha'Mizbe'ach. If they are left overnight to become Pasul, then how can they be used for Kayitz ha'Mizbe'ach?
(a) RASHI (DH v'Im Lanu) explains that when the Beraisa says that the leftover Nesachim become Pasul by being left overnight, it refers to a situation in which there was no other Korban with which to bring the Nesachim. The MISHNEH L'MELECH (Hilchos Ma'aseh ha'Korbanos 2:8) infers from Rashi's words that even when there is no other Korban with which to bring the leftover Nesachim, the leftovers still become Pasul through Linah. Rashi understands that the Beraisa is saying that when the Nesachim are not left overnight and there are no other Korbanos with which to bring them, they are used to buy animals for Kayitz ha'Mizbe'ach.
The Mishneh l'Melech has difficulty with Rashi's explanation. According to Rashi's way of reading the Beraisa, the sequence of statements in the Beraisa is not in the correct order. The Beraisa should say that when there is another Korban, the Nesachim are brought with that Korban. When there is no other Korban, the Nesachim should be exchanged for animals for Kayitz ha'Mizbe'ach. If none of these things are done, then the Nesachim become Pasul through Linah. Why does the Beraisa give Linah as the second possibility instead of the third (and final) possibility?
(b) The MISHNEH L'MELECH (Hilchos Ma'aseh ha'Korbanos 2:10) infers from the words of the KESEF MISHNEH that he maintains that the only time that Birutzei Midos become Pasul through Linah is when they were made Kadosh with another Korban but in the end they were not offered that day. If no Korban was available for them that day, they do not become Pasul through Linah, since they never became Kadosh with Kedushas ha'Guf.
According to this explanation, the flow of the Beraisa is clear. The Beraisa says that the leftover Nesachim should be brought with another Korban. If they are dedicated with that other Korban but are not brought that day, they become Pasul through Linah. If no Korban at all is found for the leftover Nesachim to accompany, then they are used for Kayitz ha'Mizbe'ach. (Y. MONTROSE)


OPINIONS: The Mishnah states that all Korbanos, including both public offerings and private offerings, require Nesachim, except for animals brought as Bechor, Ma'aser, Korban Pesach, Korban Chatas, and Korban Asham (excluding the Chatas and Asham of a Metzora). The Gemara lists the various verses from which these exceptions are derived.
The Mishnah does not mention whether Nesachim were brought with the Korbanos (the Olos and Shelamim) that were offered by the Nesi'im (as described in Bamidbar 7:10-88). This is presumably because it is not relevant in practice, but only as a historical note. It seems, however, that according to the rule of the Mishnah, the Nesi'im were required to bring Nesachim with their Korbanos. There are various opinions regarding whether or not they indeed brought Nesachim.
(a) RASHI in Shir ha'Shirim (5:1) explains that the verse there, "Basi l'Gani Achosi Chalah...," refers to the Korbanos that the Nesi'im brought at the time of the dedication of the Mishkan. Rashi adds that when the verse in Shir ha'Shirim says, "I drank my wine," it refers to the Nesachim. The PARDES YOSEF (Bamidbar 15:2) points out that it is clear that Rashi maintains that the Nesi'im brought Nesachim with their Korbanos.
(b) The SEFORNO (Bamidbar 15:3) writes that, historically, there were three stages of bringing Nesachim. The first stage was when the Torah was given, at which time no Nesachim were supposed to be brought. After the sin of the Egel ha'Zahav, Hash-m required that Nesachim be brought with Korbenos Tzibur, public offerings, as a partial atonement for the sin. After the sin of the Meraglim, Hash-m required further that Nesachim be brought with Korbenos Yachid, private offerings, as well.
Although the Seforno does not address the question of whether the Nesi'im brought Nesachim, one may infer that since the Korbanos of the Nesi'im were private Korbanos brought before the sin of the Meraglim, the Seforno maintains that they did not bring Nesachim.
However, according to the approach of the NETZIV in HA'EMEK DAVAR (Bamidbar 7:15), it is possible that the Seforno agrees that the Nesi'im brought Nesachim with their Korbanos. The Netziv explains that although the Korbanos of the Nesi'im were brought by individuals, they had the status of Korbenos Tzibur. To prove his point, he asserts that had their Korbanos had the status of Korbenos Yachid, they would not have been able to be brought on Shabbos. Since the twelve Nesi'im brought their Korbanos on twelve consecutive days, some of their Korbanos were brought on Shabbos.
Moreover, the Seforno earlier (Bamidbar 7:2) writes that the reason why the Nesi'im brought these Korbanos was that each Nasi felt that "some members of his Shevet were suspected of sinning." Since the Nesi'im were the leaders of the Shevatim, they decided to bring Korbanos to atone for their Shevatim. This implies that their Korbanos were considered Korbenos Tzibur, and thus warranted having Nesachim brought with them.
However, the Midrash Rabah (Bamidbar 14:2) seems to contradict this approach. The Nasi who brought the Korban on the seventh day was Elishama ben Amihud, the leader of Efrayim. The Midrash says that Hash-m declared, "Yosef, you kept the Shabbos before the Torah was given! Therefore, by your life, I shall reward your grandchild, allowing him to bring his Korban on Shabbos, which others may not do!" If the Korbanos of all of the Nesi'im had the status of Korbenos Tzibur, then any Nasi's Korbanos could have been brought on Shabbos! Since the Midrash says that the Korbanos of Yosef's descendant differed from all other private Korbanos, it seems that the Midrash maintains that the Korbanos of the Nesi'im were private Korbenos Yachid. The allowance to bring the Korbanos on Shabbos was a Hora'as Sha'ah. The ARUCH LA'NER (Yevamos 6a) also says that it was a Hora'as Sha'ah that allowed Elishama ben Amihud to bring his Korbanos on Shabbos.
According to the Midrash, which maintains that the Korbanos of the Nesi'im were Korbenos Yachid, it seems that Nesachim were not brought with the Korbanos. (However, it could be that just as there was a Hora'as Sha'ah permitting the Korbanos to be brought on Shabbos, there was also a Hora'as Sha'ah commanding the Nesi'im to bring Nesachim.)
(c) The RAMBAN (Bamidbar 15:2) explains that the Nesi'im did not bring Nesachim, because in the Midbar the Nesachim were brought only with a Korban Tamid (and perhaps with other Korbenos Tzibur).
The NETZIV in HA'EMEK DAVAR (Bamidbar 7:15) has difficulty with the Ramban's explanation. When the verse summarizes the total number of animal offerings brought by the Nesi'im, the verse states, "u'Minchasam" -- "and their Menachos" (Bamidbar 7:87). The term "Menachos" includes Nesachim. This clearly implies that the Nesi'im brought Nesachim!
The Netziv, however, concludes that this assumption may not be correct. When the Torah says that they brought the Menachos together with the Korbanos, it may mean that they brought flour and oil offerings, but not wine libations (Nesachim). (Y. MONTROSE)