THE PROHIBITION TO ANOINT
(Rav Ika brei d'Rav Ami): They are consistent with what they said elsewhere:
(Mishnah - R. Meir): If a Bas Kohen was married to a Yisrael, and she ate Terumah, she pays its value. She does not add a fifth. She is burned (for Zenus, i.e. extramarital relations);
If she was married to someone forbidden (to her), she adds a fifth (for Terumah, like a Zar), and she is not burned.
Chachamim say, in both cases she does not add a fifth, and she is burned.
(Rav Yosef): They argue about Nesinah of Shemen ha'Mishchah, like we explained above, but all agree that the Shi'ur of Nesinah for other Mitzvos is a k'Zayis.
(A reciter of Beraisos - Beraisa): If one is commanded not to anoint, others may not anoint him.
R. Elazar: That is correct. "(Lo) Yisach" (will not be anointed) is written with two "Yudim," we can re-arrange them to say "(Lo) Yasich" (will not anoint).
Question (R. Chananyah): What is the source that if a Kohen Gadol was anointed and took oil from his head and put it on his stomach, he is liable?
Answer: "Al Basar Adam Lo Yisach" refers to any Adam (even if he is not a Zar. Torah Temimah suggests that the Chiyuv is for Me'ilah, because the Halachah follows R. Yehudah, who exempts one who anoints a Kohen.)
Question (Rav Acha brei d'Rava): Why is this different than the following?
(Beraisa): If a Kohen anointed himself with Terumah oil, his grandson (or any Zar) may rub himself on him (thereby anointing himself).
Answer (Rav Ashi): Regarding Terumah it says "u'Mesu Vo Ki Yechaleluhu" - once it was profaned, it is not Kodesh (nor forbidden);
Regarding Shemen ha'Mishchah it says "Ki Nezer Shemen Mishchas Elokav Alav" - even when it is on him, it is still called Shemen ha'Mishchah. It was not profaned.
EXEMPTIONS FROM ASHAM TALUY
(Mishnah): If one transgresses any of these b'Mezid... (except for a Tamei who ate Kodshim or entered the Mikdash).
Question: Which law does not apply to Tum'as Mikdash or Kodshav?
Answer: Asham Taluy does not apply (since b'Shogeg he would not bring Chatas Kavu'ah (i.e. even an Oni brings an animal), rather, Oleh v'Yored (a rich person brings an animal, and an Oni brings birds, and in such a case a flour offering).
Question: The Mishnah should also exclude one who doubtfully sinned before Yom Kipur. He is exempt from Asham Taluy after Yom Kipur!
Answer #1 (Reish Lakish): The Mishnah lists those who sin is intact (but are exempt). After Yom Kipur, a doubtful sin was wiped away!
Answer #2 (R. Yochanan): The Mishnah discusses one who is Meva'et in (Shitah's text - does not want) the Kaparah of Yom Kipur. (Aruch la'Ner - R. Yochanan says this to explain why the Mishnah does not also exempt eating or doing Melachah on Yom Kipur from Asham Taluy.)
If he wants Kaparah after Yom Kipur, he must bring an Asham Taluy.
Reish Lakish holds that Yom Kipur atones even for one who is Meva'et b'Kaparah.
Their argument is just like (R. Gershom; Tosfos - resembles) the argument of Abaye and Rava:
(Abaye): If one says "my Korban Chatas should not atone for me," it does not atone for him;
(Rava): It atones for him.
If he said that it should not be offered, all agree that it does not atone. "Yakriv Oso" teaches that it must be with his consent. (Note: this verse (Vayikra 1:3) refers to an Olah. Our Gemara understands that it applies also to Chatas.)
They argue about one who said that it should be offered, but should not atone;
Abaye holds that it does not atone, because he does not want it to atone;
Rava holds that since he authorized offering it, it atones automatically.
Rava retracted due to a Beraisa. (Tosfos - we know that he heard it, for he explains it below.)
(Beraisa #1) Suggestion: Perhaps Yom Kipur atones for Shavim (those who repent) and Einam Shavim (who do not repent)!
Question: A Kal va'Chomer refutes this. Chatas and Asham Mechaper, like Yom Kipur;
Just like Chatas and Asham atone only for Shavim, also Yom Kipur!
Answer: No. You cannot learn from Chatas and Asham, which do not atone for Mezid, to Yom Kipur, which atones for Mezid! (Rashi - really, we asked only from Chatas, for Asham often atones for Mezid. Tosfos - we can ask also from Asham, it does not atone for Chayavei Kerisus like Yom Kipur does. Alternatively, Yom Kipur atones for any Aveirah b'Mezid, unlike Chatas or Asham);
Since Yom Kipur atones for Mezid, perhaps it also atones for Einam Shavim.
Rejection: "Ach" is Mechalek (distinguishes. It atones only for Shavim.)
Question: What is the meaning of "Shavim and Einam Shavim"?
Suggestion: Shavim are those who sinned b'Shogeg (had they known that it was forbidden, they would have been Shav (refrained)); Einam Shavim are those who sinned b'Mezid.
Rejection: It says 'since Yom Kipur atones for Mezid, perhaps it atones also for Einam Shavim.'(Clearly, they are different!)
Answer #1: Einam Shavim is like Ula taught. (He was Memir Daito (became an idolater) after sinning. Shavim is one who was not Memir Daito):
(Ula): If Reuven ate Chelev (b'Shogeg), separated a Korban for it, was Memir Daito, and repented, the Dichuy (disqualification, an idolater may not bring a Korban) is permanent. (Likewise, if one sinned and was Memir Daito before Yom Kipur, and repented, (even a future) Yom Kipur does not atone for him.)
Rejection: We cannot learn this from Ula. In Ula's case, the Korban was Nidcheh, but after repenting from idolatry, one can get Kaparah!
Answer #2: Shavim are those who want the Korban to atone. Einam Shavim are those who do not want the Korban to atone.
(The Beraisa says that Chatas does not atone for Einam Shavim.) This is a proof for Abaye. Surely Rava retracted.
Contradiction (Beraisa #2) Suggestion: Perhaps Yom Kipur atones only for one who fasts, refrains from Melachah, and calls it Mikra Kodesh (Rashi - declares Kedushas ha'Yom in prayer; Tosfos - honors it with clean clothing; R. Tam (Shevu'os 13a) - he refrains from Melachah due to Kedushas ha'Yom), but if he did not, it does not atone for him!
Rejection: "Yom ha'Kipurim Hu" teaches that in any case, it atones (i.e. even for Einam Shavim).
Both Beraisos are from Sifra (they expound verses in Vayikra). A Stam Sifra is assumed to be R. Yehudah!
Answer #1 (Abaye): Beraisa #1 is like (Rebbi according to - Rashi deletes this from the text) R. Yehudah. Beraisa #2 is Rebbi (himself);
(Beraisa - Rebbi): Yom Kipur atones for all sins, whether or not he repented, except for three - one who casts off the yoke (of all Mitzvos), Mefer Bris (Rashi (to Avos 3:11) - does not circumcise himself, R. Yonah - pulls his foreskin to appear uncircumcised) and Megaleh Panim b'Torah (Rashi, based on Sifri - mocks Torah; R. Yonah - publicly transgresses (Yerushalmi), or acts arrogantly towards Chachamim).
For these, Yom Kipur atones only if he repented.
Answer #2 (Rava): Both Beraisos are like Rebbi;
(Beraisa #1 discusses eating or doing Melachah on Yom Kipur.) Rebbi agrees that Yom Kipur does not atone for transgressions of Yom Kipur (without Teshuvah).
Support: We must say so. Since every moment of Yom Kipur atones, if Kaparah did not require Teshuvah, Kares for transgressions of Yom Kipur would never apply!
Objection: (Even if Teshuvah is not required,) Kares applies to one who transgressed at night, and died before morning! (The Kaparah is only during the daytime.)
Answer: (One who eats or does Melachah during the daytime of Yom Kipur is Chayav Kares.) To be liable for transgressing Yom Kipur during the day, we must say that Kaparah for transgressions of Yom Kipur requires Teshuvah.
Objection: In any case, Kares applies to one who choked while eating, or struck himself and died while chopping, or did Melachah until dark. There was no time for Kaparah! (Kaparah is only after the Aveirah is finished.)
(Shitah's text - Rather, we must answer like Abaye.)
WHAT IS MEGADEF?
(Mishnah - Chachamim): Also Megadef is exempt (from a Korban).
Question: Why does it say "also Megadef"?
Answer: Chachamim heard that R. Akiva taught Ba'al Ov, but not Yid'oni;
Chachamim: Presumably, you exempt Yid'oni because Ein Bo Ma'aseh. The same applies to Megadef!
(Beraisa - R. Akiva): Kares is written regarding Megadef, therefore he brings a Korban.
It also says "v'Nasa Chet'o."
Question: There are Aveiros for which Kares is written, but one does not bring a Korban!
One does not bring a Korban for (failing to fulfill) Korban Pesach or Milah, even though Kares is written regarding them!
Answer: R. Akiva means that since Kares of Megadef is written in the Parshah of Korban, one brings a Korban for it;
He holds that it should have been written elsewhere. It was written regarding Korban to teach that one brings a Korban for it.
'It says also "Chet'o Yisa"' was said by (Rashi; Tosfos - to answer) Chachamim;
Version #1 (our text, Tosfos): R. Akiva had said, according to you, who exempt Megadef from Korban because Ein Bo Ma'aseh, Megadef is blasphemy. Why is Kares written regarding it?
Chachamim: This is to Mechayev Kares for Megadef!
R. Akiva: We have another source for this! It says regarding Megadef "v'Nasa Chet'o," and it says regarding Pesach Sheni "Chet'o Yisa". Just like there is Kares for (one who does not bring) Pesach Sheni, also for Megadef! (Chachamim argue, for they hold that there is Kares for Pesach Rishon, but not for Pesach Sheni.)
Version #2 (Rashi): Chachamim said to R. Akiva 'you say that Megadef is blasphemy. This is wrong. It is idolatry.'
R. Akiva: According to you, what is the source of Kares for blasphemy?
Chachamim: It says regarding blasphemy "v'Nasa Chet'o," and it says regarding Pesach (Rishon) "Chet'o Yisa." Just like there is Kares for Pesach, also for blasphemy!
R. Akiva says that "Chet'o Yisa" refers to Pesach Sheni. We learn Kares for Pesach from Megadef.
Version #1 (Rashi) (Beraisa #1 - Isi ben Yehudah): "Es Hash-m Hu Megadef" ("Dalet" and "Reish" are interchangeable, this is like Megaref,) is like one who says "you scraped (all the food from) the bowl, and chipped off part of the bowl";
He holds that Megadef is blasphemy (an attempt to assault Hash-m Himself).
R. Elazar ben Azaryah says, this is like one who says "you scraped the bowl, and did not chip off from the bowl";
He holds that Megadef is idolatry.
Version #2 (Tosfos) (Beraisa #1 - Isi ben Yehudah): "Es Hash-m Hu Megadef" is like one who says "you scraped (almost all the food from) the bowl, but you missed some";
He holds that Megadef is blasphemy.
R. Elazar ben Azaryah says, this is like one who says "you scraped (all the food from) the bowl. you did not miss any";
He holds that Megadef is idolatry (an attempt to assault Hash-m Himself). (end of Version #2)
(Beraisa #2 - R. Elazar ben Azaryah): "Es Hash-m Hu Megadef" is one who serves idolatry;
Chachamim say, the verse is Mechayev Kares for blasphemy.
(Mishnah): Some bring a Korban and it is eaten. Some bring a Korban and it is not eaten. Some do not bring a Korban.
The following bring a Korban and it is eaten;
R. Meir says, if a woman miscarried a fetus with the (facial) form of an animal or bird;
Chachamim say, she is exempt unless it has a semblance to a person.
A woman who miscarried a Sandal (a fetus that was mashed), Shilya (fetal sac) or Shefir Merukam (the outer skin of a fetus with a human form inside), or a baby that came out cut up;
The same applies if a Shifchah miscarried.
The following bring a Korban and it is not eaten;
One who is unsure what she miscarried;
Two women who miscarried, and only one of the fetuses obligates a Korban, and it is not known whose;
R. Yosi says, this is only if they went away in different directions (and cannot stipulate together), but if both are here, they bring a Korban and it is eaten.
The following do not bring a Korban;
One who miscarried a Shefir full of water or blood or (formless) colors;
One who miscarried a fetus with the (facial) form of fish, grasshoppers, Shekatzim u'Remasim (vermin);
One who miscarried on the 40th day (after conception, or earlier);
One who gave birth Yotzei Dofen (through Caesarian section);
R. Shimon obligates for Yotzei Dofen.
(Gemara) Question: What is the source that a Shifchah brings a Korban (Yoledes)?
Answer (Beraisa) Question: "Daber El Bnei Yisrael" teaches that a Yisraelis brings a Korban. What is the source to include a convert or Shifchah?
Answer: "Ishah" (is extra to include them).
Question: Why does it say "the same applies to a Shifchah"?
Answer: The general rule is, slaves are commanded in the same Mitzvos as a Yisraelis. One might have thought that this applies only to Mitzvos that also apply to men, but not to Korban Yoledes;
The Mishnah teaches that this is not so.
(Mishnah): The following bring a Korban... (R. Yosi says... if both are here, they bring a Korban and it is eaten).
Question: How do they bring a Korban?
Answer: Each brings Olas ha'Of. They bring one Chatas ha'Of together and stipulate. ("If I must bring a Korban, my Olah is Chovah. You pardon your share in the Chatas, so it is all mine; if I am exempt, my Olah is Nedavah. I pardon my share in the Chatas, so it is all yours.")
Question: R. Yosi holds that we may not stipulate (about Korbanos)!
(Mishnah - R. Shimon): (If Reuven or Shimon ate Chelev, and we do not know which of them,) they bring one Chatas and stipulate (that it is for the one who ate);
R. Yosi says, they may not bring one Chatas.
Inference: R. Yosi holds that we may not stipulate!
Answer (Rava and Ravin): R. Yosi agrees about Mechusrei Kaparah (that they may stipulate).
Question: What is the reason?
Answer: To bring Chatas, one must know that he sinned - "Oh Hoda Elav Chataso";
Korban Yoledes is not brought for sin, rather, to permit eating Kodshim.
(Seifa - R. Yosi): Two people cannot (stipulate to) bring together any Chatas brought due to sin.
(Mishnah): The following do not bring a Korban... R. Shimon obligates for Yotzei Dofen.
Question: What is his reason?
Answer (Reish Lakish): "V'Im Nekevah Seled" (Tosfos - is a second exclusion, it) includes another kind of birth, i.e. Yotzei Dofen.
Question: What is Chachamim's reason?
Answer (Rav Mani bar Patish): The Parshah "Ishah Ki Sazri'a v'Yoldah" applies only if she gave birth (normally) from the place of Zera (where semen enters).
ONE KORBAN FOR TWO BIRTHS
(Mishnah - Beis Shamai): If a woman miscarried on the night of (beginning) the 81st day after giving birth to a girl, she is exempt (from bringing a second Korban. One Korban Yoledes suffices);
Beis Hillel obligate a separate Korban for it.
Beis Hillel: (You agree that if she miscarried on day 81 (during the daytime), she must bring a separate Korban. Why should the previous night be different? Since they are the same regarding Tum'ah (Dam Tohar has ended, and her next sighting of blood is Nidah), they should be the same regarding Korban!
Beis Shamai: No, a miscarriage on day 81 is different. (From dawn) she was able to bring a Korban (for the birth), so that Korban cannot exempt the subsequent miscarriage;
The previous night was not yet time for the Korban, so the Korban also exempts the miscarriage.
Beis Hillel: A miscarriage on day 81 that falls on Shabbos disproves this. Even though she was unable to bring a Korban (one may not bring a Korban Yachid on Shabbos), you agree that she brings a separate Korban for the miscarriage!
Beis Shamai: That is different. Even though we do not bring Korbanos Yachid on Shabbos, we bring Korbanos Tzibur. It is considered a time when Korbanos can be brought;
No Korbanos are offered at night, so we do not say that the night of the 81st was already the time to bring her Korban.
Your proof from blood (seen on night 81) is no proof, for Korban does not depend on it. (Normally, blood seen from day 15 through day 80 after a girl is Tahor.) Dam Leidah (blood due to birth) of a miscarriage within 80 days is Tamei (like blood after 80 days), yet she is exempt from a second Korban!