On 28a the gemara brings a braisa and explains how it fits into Rav Huna and Rav Chisda. Why didn't the gemara ask how to fit Shmuel into that braisa?
I see that Tosfos (d"h ela) adresses this question and answers that according to Shmuel if the braisa has written "Zevach" instead of "Olah" then he would be forced to learn pshat in the braisa according to Rebbi Eliezer. What does that mean? The braisa was not talking about the issue of piggul via thinking about eating something that belongs to the mizbayach, about which Rebbi Eliezer said his opinion. Am I correct to assume that Tosfos had a different girsa in that braisa? And if so, then how can we answer Tosfos' question according to our girsa?
Dov Teichman, Far Rockaway, NY
Tosfos did not change the Girsa.
The Beraisa says that a Machshavah takes effect if one thinks to perform Haktarah of Or ha'Alyah by an Olah . If the Or ha'Alyah is like the Eimurim (i.e. k'Alyah), the Beraisa should have stated that Machshavah takes effect even if one thinks to perform Haktarah of Or ha'Alyah by an Zevach , since a statement would make it abundantly clear that Or ha'Alyah is like an Alyah. Since the Beraisa does not say what the Halachah is by a Zevach , we infer that the Halachah is different by a Zevach, because Or ha'Alyah is Basar (i.e. Lav k'Alyah) and not Eimurim (i.e. k'Alyah).
However, although Shmuel maintains that Or ha'Alyah is like Eimurim, Shmuel cannot be disproved from the inference of this Beraisa, since according to him, there would be nothing for the Beraisa to gain by discussing Haktaras Or ha'Alyah by a Zevach ; it still would not make it clear whether or not Or ha'Alyah is like the Alyah. The reason for this is because if the Beraisa would discuss the Halachah by a Zevach, I would still be able to think that the Beraisa maintains that Or ha'Alyah is not like the Eimurim, but it holds like Rebbi Eliezer (that thinking to perform Haktarah on parts of the animal that are normally eaten, makes it Pigul).
The Beraisa therefore chose to discuss the Alyah of an Olah, where it cannot possibly be misconstrued that the Beraisa is following the opinion of Rebbi Eliezer. Although the Beraisa is still not making a clear statement as to whether or not the Or ha'Alyah is like an Alyah, that does not bother us, since there is no easy way for the Beraisa to make a clear statment on that issue according to Shmuel.
M. Kornfeld