1)

IF PESULIM SLAUGHTERED (cont.)

(a)

If any of these Pesulim did Kabalah (with intent) Chutz li'Zmano or Chutz li'Mkomo (since his Kabalah is always invalid, his intent does not disqualify the Korban), if Dam ha'Nefesh is still coming out, a Kosher Kohen should do Kabalah (to do Zerikah);

(b)

If Kabalah was done properly (by a Kosher Kohen with the right hand in a Keli Shares), and then the blood was given to a Pasul (or transferred to the left hand or put into a Chulin Keli), it should be returned to a Kosher Kohen (or the right hand or to a Keli Shares);

(c)

If (after a proper Kabalah) the blood fell to the floor and it was gathered, it is Kosher;

(d)

If the blood was put on the wrong part of the Mizbe'ach, i.e. on the ramp, or not over the Yesod, or if blood that should be put above (or on the inner Mizbe'ach) was put below (or on the outer Mizbe'ach), or vice-versa:

1.

If Dam ha'Nefesh is still coming out, a Kosher Kohen should do Kabalah.

(e)

(Gemara) Inference: If a Pasul slaughtered, it is Kosher b'Di'eved. L'Chatchilah, it is forbidden.

(f)

Contradiction (Beraisa): "V'Shachat" - a Zar may slaughter;

1.

A Zar, woman, slave or Tamei may slaughter even Kodshei Kodoshim.

2.

Suggestion: Perhaps a Kohen must slaughter!

i.

We learn from "v'Ata u'Vanecha... l'Chol Davar ha'Mizbe'ach. This applies even to Shechitah.

3.

Rejection: "V'Shachat... v'Hikrivu (Bnei Aharon)" - from Kabalah and onwards, Kohanim must do the Avodah;

i.

This teaches that anyone may slaughter.

(g)

Answer: Really, Pesulim may slaughter l'Chatchilah;

1.

The Mishnah permitted this b'Di'eved because one of the Pesulim, a Tamei, may not slaughter l'Chatchilah, lest he touch the meat.

(h)

Inference: The Mishnah permits the Shechitah of a Tamei b'Di'eved.

(i)

Version #1 Contradiction (Beraisa): "V'Samach... v'Shachat" - just like only a Tahor can do Semichah (press on the neck of the Korban), only a Tahor can slaughter.

(j)

Answer: That is only mid'Rabanan. Mid'Oraisa, a Tamei may slaughter.

(k)

Question: Presumably, Semichah requires a Tahor due to "Lifnei Hash-m" (in the Mikdash. Tosfos - we cite Vayikra 1:3, which is written just before Semichah. Rashi - we cite Vayikra 1:5, which teaches that Shechitah must be in the Mikdash. Shechitah must be (possible) Tekef to (immediately after) Semichah. Only a Tahor may be in the Mikdash.)

1.

Likewise, only a Tahor may (be in the Mikdash to) slaughter!

(l)

Answer: A Tamei may stand outside the Mikdash and slaughter (a Korban in the Mikdash) with a long knife.

(m)

Question: Likewise, a Tamei may stand outside the Mikdash and stick his hands in to be Somech!

(n)

Answer: The Tana holds that Bi'ah b'Miktzas (partial entering) is like full Bi'ah (into the Mikdash. A Tamei may not do this.)

(o)

Version #2 - Rav Chisda - (Beraisa): "V'Samach...v'Shachat" - just like only a Tahor can slaughter, only a Tahor can be Somech.

(p)

Question: A Tahor must slaughter because it says "Lifnei Hash-m." The same applies to Semichah! (Tosfos - it says "Lifnei Hash-m" also regarding Semichah; Rashi - Shechitah must be Tekef l'Semichah)!

32b----------------------------------------32b

(q)

Answer: A Tamei could stand outside and stick his hands in to be Somech.

(r)

Question: Likewise, a Tamei may stand outside and slaughter with a long knife!

(s)

Answer: The Tana is Shimon ha'Temani:

1.

(Beraisa): "V'Shachat Es Ben ha'Bakar Lifnei Hash-m" - the Korban must be Lifnei Hash-m, but the Shochet need not be;

2.

Shimon ha'Temani says, we read this as if it said 'Shochet... Lifnei Hash-m.' The Shochet's hands must be closer to the Heichal than the Korban. (Shitah Mekubetzes - some texts say 'the Shochet and the bull must be Lifnei Hash-m.')

2)

PARTIAL ENTRY INTO THE MIKDASH

(a)

(Ula citing Reish Lakish): If a Tamei entered his hands into the Mikdash, he is lashed. "B'Chol Kodesh Lo Siga (v'El ha'Mikdash Lo Savo)" equates touching and entering;

1.

Just like partial touching is like full touching, Bi'ah b'Miktzas (partial entry) is like full Bi'ah.

(b)

Question (R. Oshaya - Beraisa): If the eighth day of Taharah of a Metzora fell on Erev Pesach, and he had an emission of semen that day and immersed:

1.

Normally, a Tevul Yom (one who immersed; he is not fully Tahor until evening) may not enter the Ezras Nashim (the courtyard outside the Azarah). In this case, he may, to enable him to bring Korban Pesach. (He stands in the Ezras Nashim, sticks his ear, thumb and big toe in the Azarah, and the Kohen puts blood of the Asham on them to complete Taharas Metzora.)

2.

An Aseh (Korban Pesach) with Kares (for not offering it) overrides an Aseh without Kares (that a Tamei, and even a Tevul Yom, must leave the Ezras Nashim).

3.

(R. Yochanan): Mid'Oraisa, there is not even an Aseh (for a Tevul Yom to leave)!

i.

Question: "Va'Ya'amod Yehoshafat... b'Veis Hash-m Lifnei he'Chatzer ha'Chadashah" - why is it called new?

ii.

Answer: They made a new decree, that a Tvul Yom may not enter (the Ezras Nashim, which has the same laws regarding Tum'ah as) Machaneh Leviyah (where the Leviyim camped around the Mishkan in the Midbar).

4.

Summation of question: If Bi'ah b'Miktzas is considered Bi'ah, how can he enter his ear (and finger...)? This is punishable by Kares, just like (failure to bring) Korban Pesach!

(c)

Answer (Ula): Just the contrary, the Beraisa supports me!

1.

Since the Torah permits Bi'ah b'Miktzas of a Metzora (before his Taharah is complete), it permits Bi'ah b'Miktzas of a Tevul Yom. (Tosfos - this must be the reason, for the Beraisa permits only if he had an emission on the eighth day, since (from morning) before the emission he was permitted to bring his Korban and enter his ear. If he had an emission the night before, it is forbidden.)

(d)

(Rav Yosef): (One who has two emissions of uncooked semen within two days becomes a Zav. The Torah allows the Tzibur to bring Korban Pesach b'Tum'ah if the majority are Tamei Mes, but not due to other Tum'os.) Ula would say that if most of Bnei Yisrael were Zavim, and they became Tamei Mes, since Tum'as Mes is permitted for Korban Pesach, also Tum'as Zivah.

(e)

Objection (Abaye): The Torah never permitted Zivah. It is unreasonable that because they became more Tamei, they are now permitted!

1.

Suggestion (Abaye): Perhaps you meant that if most of Bnei Yisrael were Tamei Mes, and they became Zavim, since Tum'as Mes is permitted for Korban Pesach, also Tum'as Zivah.

2.

Rav Yosef: That is correct.

(f)

Question (Abaye): Still, these are different! A Metzora is Hutar (totally permitted to partially enter the Azarah. This is the only way to do the Mitzvah. Therefore, Bi'ah b'Miktzas of a Tevul Yom is also permitted);

1.

Tum'as Mes is only Dechuyah (overridden to allow Korban Pesach. We have no source to override other Tum'os!)

(g)

(Rava): We should say just the contrary!

1.

A Metzora is Hutar, but we have no source to permit partial entry of a Tevul Yom. (Keren Orah - it is as if there is no Tum'as Tzara'as, so we cannot apply 'since this Tum'ah was permitted, also...')

2.

The Torah was Docheh Tum'as Mes to allow Korban Pesach. Likewise, it is Docheh another Tum'ah (Zivah)!

(h)

Inference: Abaye and Rava both hold that Tum'ah is Nidcheh b'Tzibur.

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