ME'ILAH 6 - Dedicated l'Zechut Refu'ah Shleimah for Elisheva Chaya bat Leah. Dedicated by Michael Steinberg, David Steinberg, and Ethan Steinberg.

QUESTION: The Gemara quotes a Beraisa in an attempt to prove that "Heter Achilah Shaninu" (that Kodshei Kodashim are exempt from Me'ilah from the moment of Zerikas ha'Dam, or "Heter Achilah," when the meat becomes permitted to the Kohanim). The Beraisa says, "Me'ilah applies to Pigul of Kodshei Kodashim." The Gemara says that this presumably refers to even after the Zerikas ha'Dam has been done. Accordingly, the Beraisa is teaching that Me'ilah applies only because the Korban is Pigul, but if the Korban would be valid, then Me'ilah would not apply because Zerikah was done.
The Gemara answers that the Beraisa is referring to when Zerikah has not been done. It is teaching that even though the Kabalas ha'Dam has been done, Me'ilah still applies, since the Korban is Pigul. This implies that for a valid Korban, Me'ilah does not apply once Kabalas ha'Dam has been done, or "Heter Zerikah."
The Gemara continues and quotes the end of the Beraisa that says that Me'ilah does not apply to Pigul of Kodshim Kalim (even after the Zerikah).
Earlier (4b), the Gemara attempts to prove from the first part of the same Beraisa that the Zerikah of a Korban of Kodshei Kodashim that is Pigul does not remove Me'ilah (as Rav Gidal rules) as it does for a valid Korban. The Gemara refutes the proof and says that the Beraisa may be discussing only Kodshei Kodashim before Zerikas ha'Dam. After Zerikah, though, perhaps Me'ilah indeed no longer applies, and there is no proof for Rav Gidal's first ruling.
The Gemara there continues and states that the second half of the Beraisa does prove Rav Gidal's second ruling, that for Pigul of Kodshim Kalim the Zerikah does not cause Me'ilah to take effect. The Beraisa states that there is no Me'ilah for Pigul of Kodshim Kalim, clearly supporting Rav Gidal's second ruling.
Why does the Gemara (both here and on 4b) not explain that the second half of the Beraisa is also discussing Kodshim Kalim before Zerikas ha'Dam, as it suggests for the first part of the Beraisa? Perhaps only before Zerikah does Me'ilah not apply, but after Zerikah it does take effect.
ANSWER: The second half of the Beraisa cannot be discussing Kodshim Kalim before Zerikas ha'Dam, because there is never Me'ilah for Kodshim Kalim before Zerikas ha'Dam. There is no reason for the Beraisa to teach that Me'ilah does not apply to Pigul of Kodshim Kalim before Zerikah, because Me'ilah never applies to Kodshim Kalim before Zerikah, even when the Korban is entirely valid. The Beraisa must be discussing Kodshim Kalim after Zerikas ha'Dam, when there normally is Me'ilah for a valid Korban. The Beraisa is clearly teaching that Pigul prevents the Isur of Me'ilah from taking effect, as Rav Gidal says.
In contrast, the first part of the Beraisa indeed may be discussing Pigul of Kodshei Kodashim before the Zerikah. The Beraisa may maintain that the Isur of Me'ilah is removed from the flesh of Kodshei Kodashim that are not Pigul even before Zerikah, such as at the time of Shechitah, as Chizkiyah maintains (5a, "Heter Shechitah Shaninu"), or at the time of Kabalah, as Rav Ashi (according to Rashi) maintains (5b, "Heter Zerikah Shaninu"). The Beraisa teaches that when the Korban is Pigul, the Isur of Me'ilah is not removed until the Zerikas ha'Dam is performed (at which time there is a "Hartza'ah k'Hartza'as Kasher").
The same reasoning cannot be suggested with regard to the end of the Beraisa, which discusses Kodshim Kalim, because everyone agrees that Me'ilah never takes effect on Kodshim Kalim at any time other than at the Zerikah (which makes it "Kodshei Hash-m" by permitting the Eimurim to be offered on the Mizbe'ach). (See TOSFOS to 4b, DH Lo Zarak.)


QUESTION: The Mishnah discusses a case in which the Eimurim of Kodshim Kalim left the Azarah, thereby becoming Pasul as Yotzei, before the Zerikas ha'Dam was performed. According to Rebbi Eliezer, even if the Zerikah is performed later, the Isur of Me'ilah does not take effect on such a Korban since the Zerikah is being performed for a disqualified Korban. Similarly, the Isurim of Pigul, Nosar, and Tamei do not apply to the flesh of the Korban.
Rebbi Akiva disagrees and maintains that the Isur of Me'ilah does take effect on a Korban that is Pasul because of Yotzei. Similarly, the Isurim of Pigul, Nosar, and Tamei take effect.
How can the Isur of Nosar take effect if the meat is Pasul because of Yotzei? The Isur of Yotzei is derived from the verse, "Do not eat meat that is torn (Tereifah) in the field" (Shemos 22:30). The Gemara in Zevachim (82b) explains that since the meat left its designated area ("Mechitzah," which in this case is the Azarah), it becomes forbidden. Since the principle of "Ein Isur Chal Al Isur" states that one Isur cannot take effect where another Isur already exists, how can the Isur of Nosar take effect when the Isur of Yotzei already exists? Just as Nosar does not take effect when the Korban is forbidden because of Pigul (Kerisus 14a), it also should not take effect when the Korban is forbidden because of Yotzei!
(The TIFERES YISRAEL explains that this question does not apply to the Isur of Pigul. The Isur of Pigul can take effect, even though the Korban is forbidden already because of Yotzei, because Pigul is an "Isur Kollel" -- it takes effect on the meat that never left the Azarah as well (as the Gemara here says, only some, and not all, of the meat left the Azarah). The Isur of Tamei also takes effect because it, too, is an "Isur Kollel" -- when a person becomes Tamei, he becomes Asur not only to the Korban that was Yotzei, but to all Kodshim.)
ANSWER: The KEHILOS YAKOV (Kerisus 7:3) answers in the name of the CHAZON ISH on the basis of the words of TOSFOS in Kerisus (14b, DH Nises). Tosfos there states that a second prohibition can take effect even though another prohibition already exists, in a case in which the second prohibition is more severe than the first. (Tosfos there says that if one marries his brother's wife who is also a Mamzeres, he is liable for both the prohibition of marrying a Mamzeres and the prohibition of marrying his brother's wife. This is because the Isur of Mamzeres is only a Lav (punishable with Malkus), while the Isur of Eshes Ach is a Chiyuv Misah.)
Accordingly, the Isur of Nosar cannot take effect when the Korban is already forbidden with the Isur of Pigul, as the Gemara in Kerisus says, because these two Isurim are of equal severity; both are punishable with Kares. In contrast, the Isur of Nosar can take effect on the Isur of Yotzei, because the Isur of Nosar is punishable with Kares while the Isur of Yotzei is only a Lav. (See also CHAZON ISH, EH 134 (Yevamos 13a), in the name of Tosfos to Chulin 101a, DH Isur.) (D. BLOOM)
QUESTION: The Gemara earlier concludes that there is definite support for Rav Gidal's second statement, that Zerikas Pigul cannot cause Me'ilah to take effect for Kodshim Kalim. However, there is no proof that Zerikas Pigul cannot remove the Isur of Me'ilah from Kodshei Kodashim; rather, Zerikas Pigul can remove the Isur of Me'ilah. Apparently, it is easier for Me'ilah to be removed than for it to take effect.
The Gemara here, however, seems to suggest the opposite -- it is possible for Zerikah to cause Me'ilah to take effect to Kodshim Kalim that were Yotzei, even though Zerikah does not cause Me'ilah to be removed from Kodshei Kodashim that were Yotzei.
ANSWER: TOSFOS (DH she'Lo) quotes RABEINU PERETZ who explains that there is a logical difference between a Korban that is Pasul because of Pigul and a Korban that is Pasul because of Yotzei. In order for Me'ilah to apply to a Korban of Kodshim Kalim, the Korban must acquire the title of "Kodshei Hash-m" (Vayikra 5:15). This is accomplished only through a valid Zerikah (the Avodah that permits the Korban to be sacrificed to Hash-m on the Mizbe'ach).
In contrast, in order for Me'ilah to be removed from a Korban of Kodshei Kodashim, the Korban must become permitted to be eaten by people, since that status removes the title of "Kodshei Hash-m" from the Korban (as it is no longer exclusively for Hash-m).
When the Kohen performed Zerikah for a Korban that was Pigul, the Zerikah was not valid since the Korban itself was Pasul. Such a Zerikah cannot make Kodshim Kalim become "Kodshei Hash-m." However, there is a special law regarding Pigul whereby the Torah considers Zerikas Pigul to be a "Hartza'ah"; in order for a Korban to become Asur as Pigul (with a Chiyuv Kares for one who eats it), all of the Avodos must be done properly (except for the thought of Pigul). A properly-done Zerikah renders the Korban fit to be Pigul. Since the Zerikah must be performed properly, it is considered as though it permits the meat of the Korban to be eaten ("k'Hartza'as Kasher Kach Hartza'as Pigul"). Consequently, such a Zerikah removes Me'ilah from Kodshei Kodashim.
With regard to Yotzei, the opposite is true. The act of Zerikah was done properly; it was only the meat that was Pasul and unfit to be eaten since it was taken outside of the Azarah. Accordingly, the Zerikah of Yotzei for Kodshim Kalim is able to cause the Isur of Me'ilah to take effect on the Eimurim, because it is a proper Zerikah (and it makes the Korban considered "Kodshei Hash-m"). However, it cannot remove the Isur of Me'ilah of Kodshei Kodashim, since the meat remains prohibited to be eaten (and there is no concept of "k'Hartza'as Kasher..." for the Pesul of Yotzei, as there is for the Pesul of Pigul).