CHATA'OS THAT MUST DIE (cont.)
(Gemara) Question: Why do we distinguish between before and after Kaparah in the Seifa, but not in the Reisha (Rashi; Tosfos - why weren't all five cases taught in one clause)?
Answer: In the Reisha, the Halachah is Pesika (uniform, they must always die). In the Seifa, the Halachah is not Pesika.
Question: Why is this Mishnah taught here and also in Maseches Temurah?
Answer: There it is taught to teach about Temurah, and by the way it also teaches about Me'ilah. Here it is taught to teach about Me'ilah, and by the way it also teaches about Temurah.
(Mishnah): If one designated money for his Korbanos Nezirus (Stumim, i.e. without specifying how much is for each Korban, i.e. Chatas, Olah and Shelamim):
One may not benefit from it, but Me'ilah does not apply, because all the money could be used to buy the Shelamim. (Tosfos Yom Tov - Rashi explains that Me'ilah does not apply to any portion of the money, since all of it could have been used for Shelamim. Others explain Rashi like we explained, Me'ilah does not apply at all.)
If he died without designating how much money is for each Korban, all the money goes to Nedavah. (This is a tradition from Moshe from Sinai.)
If he specified --
The money for the Chatas goes to Yam ha'Melach. One may not benefit from it, but Me'ilah does not apply;
The money for the Olah is used to buy an Olah. Me'ilah applies to it;
The money for the Shelamim is used to buy a Shelamim; it is eaten for one day (and a night, like Shalmei Nazir. However,) Lechem is not brought with it.
(Gemara - Reish Lakish) Question: We should similarly say that if one designated money for a Kan (Chatas ha'Of and Olas ha'Of), one may not benefit from it, and Me'ilah does not apply, because all the money could be used to buy Torim (Turim) that are too young to be offered (now) or Bnei Yonah (doves) that are too old! (Tosfos - really, he asks only about Torim. Surely, one may not buy old doves with the money. They were merely mentioned along with Torim, like in the Mishnah (11b).)
Answer (Rava): The Torah said that Stumim money should be (partially) used to buy Shelamim. It did not say that (even part of) the money for a Kan should be used to buy Torim that are too young.
ME'ILAH AFTER THE MITZVAH IS FINISHED
(Mishnah - R. Shimon): Blood is lenient at the beginning and stringent at the end (regarding Me'ilah). Nesachim are stringent at the beginning and lenient at the end;
At first Me'ilah does not apply to blood. (After Zerikah,) after it goes to Nachal Kidron (a valley), Me'ilah applies to it;
At first Me'ilah applies to Nesachim. After they descend to Shitin (at the base of the Mizbe'ach), Me'ilah does not apply.
(Gemara - Beraisa - R. Meir and R. Shimon): Me'ilah applies to blood;
Chachamim say, Me'ilah does not apply.
Version #1 (our text) Question: Why do Chachamim say that Me'ilah does not apply? (This implies that R. Meir and R. Shimon hold that Me'ilah applies mid'Oraisa. Ri (in Tosfos Yeshanim, Yoma 59b, DH Ad) explains that Beis Din is Makdish blood that goes to Nachal Kidron. Pirush Kadmon says that blood after (Kaparah) is like before (Shechitah, i.e. of bloodletting). R. Yonah (Berachos 22a) says that Me'ilah of the latter is mid'Oraisa. Most Rishonim hold like Tosfos, that the Me'ilah is only mid'Rabanan.)
Version #2 (Tosfos) Question: R. Shimon says that Me'ilah applies mid'Rabanan, All agree that mid'Oraisa, Me'ilah does not apply. What is the source for this? (end of Version #2)
Answer #1 (Ula): "Va'Ani Nesativ Lachem" -- blood is yours. (It is not considered Hash-m's, therefore there is no Me'ilah);
Answer #2 (Tana d'Vei R. Yishmael): Blood is "Lechaper" (for atonement), but not for Me'ilah;
Answer #3 (R. Yochanan): "Ki ha'Dam Hu ba'Nefesh Yechaper Hu" -- it is the same before and after Kaparah:
Just like after Kaparah there is no Me'ilah (because the Mitzvah was done), also before.
Question: Perhaps just like before Kaparah there is Me'ilah, also after!
Answer #1: We never find Me'ilah (in something used for a Mitzvah) after the Mitzvah was done.
Objection: We find this regarding Terumas ha'Deshen!
Answer #2: Terumas ha'Deshen and limbs of the Se'ir ha'Mishtale'ach (the goat sent to Azazel on Yom Kipur) are Shnei Kesuvim ha'Ba'im k'Echad (two verses, one of which teaches something that could have been learned from the other. Here, both teach that Me'ilah applies after the Mitzvah was done);
Shnei Kesuvim do not teach about other cases (Rashi Kidushin 35a, DH u'Meshani. Tosfos 35a DH Ela - they show that the law does not apply elsewhere. The Gemara connotes that Me'ilah of Terumas ha'Deshen is mid'Oraisa. Most Rishonim do not explain otherwise. Ritzba (in Tosfos to Yoma 59b, DH v'Harei) learns from the Yerushalmi that there is no Me'ilah, just like Eglah Arufah, brought later in this discussion. The Gemara seeks Shnei Kesuvim that forbid Hana'ah after the Mitzvah was done.)
Question: This is like the opinion that forbids limbs of the Se'ir ha'Mishtale'ach. According to the opinion that permits them, how can we answer?
Answer #3: Terumas ha'Deshen and Bigdei Kehunah (i.e. the linen garments the Kohen Gadol wears on Yom Kipur) are Shnei Kesuvim.
Question: This is like Chachamim, who expound "v'Hinicham Sham" to teach that the linen garments require Genizah (they may not be used again);
R. Dosa (forbids a Kohen Gadol to use them on another Yom Kipur, but) permits a regular Kohen to use them. How can he answer?
Answer #4: Terumas ha'Deshen and Eglah Arufah are Shnei Kesuvim. They do not teach to other cases.
Question: This is like the opinion that Shnei Kesuvim do not teach to other cases. According to the opinion that they do teach, how can we answer?
Answer: Regarding each, a verse teaches not to learn to other cases:
It says "ha'Arufah" and "v'Samo". (Normally, there is no Me'ilah after the Mitzvah.)
ME'ILAH OF NESACHIM
(Mishnah): Nesachim are stringent at the beginning and lenient at the end.
Version #1 - Suggestion: Our Mishnah is unlike R. Eliezer bar Tzadok;
(Beraisa - R. Eliezer bar Tzadok): There was a small opening between the ramp and the Mizbe'ach, to the west of the ramp. Once every 70 years, young Kohanim would descend and bring (chunks of) coagulated wine resembling rings of pressed figs, and burn it in a state of Kedushah. (I.e. it is still Kodesh. Me'ilah still applies to it);
We learn from "ba'Kodesh Hasech Nesech Shechar la'Shem." (Just like they are poured bi'Kedushah, they are burned bi'Kedushah. Shitah deletes this.)
Question: How do we learn this from the verse?
Answer (Ravina): We learn from a Gezeirah Shavah "Kodesh-Kodesh" from Nosar, about which it says "v'Sarafta Es ha'Nosar ba'Esh v'Lo Ye'achel Ki Kodesh Hu." Just like Nosar is burned bi'Kedushah, also Nesachim.
Rejection: Our Mishnah can even be like R. Eliezer;
Version #1A (our text): (He requires burning bi'Kedushah because the Shitin are Mekadesh the wine.) The case is, the wine was caught before it reached the Shitin.
Version #1B (Rashi): He says only that if one wants to burn them, they must be burned bi'Kedushah.
Version #2 - Suggestion: Our Mishnah is like R. Eliezer bar Tzadok. The case is, the wine was caught (before it reached the floor, so the floor was not Mekadesh it. Chachamim say that there was no opening. The wine descends to the depths of the earth. There is no reason to discuss Me'ilah after it is poured.)
Rejection: It can even be like Chachamim. It teaches that Me'ilah does not apply in case someone happened to catch some of the wine.
Version #2A (R. Gershom) Support: Surely, it is unlike R. Eliezer. He requires burning it in Kedushah. He holds that Me'ilah still applies!
Rejection: No, it could be R. Eliezer. He requires burning bi'Kedushah only mid'Rabanan.
Version #2B (Tosfos): It is like R. Eliezer bar Tzadok, even if the wine was not caught. He requires burning bi'Kedushah only mid'Rabanan. (end of Version #2B)
Question: He learned from a verse!
Answer: The verse is a mere Asmachta.
ASHES OF THE INNER MIZBE'ACH AND MENORAH
(Mishnah): One may not benefit from ashes of the inner Mizbe'ach or of the Menorah. Me'ilah does not apply to them;
If one was Makdish ashes ba'Techilah (Pirush Kadmon (B) - ashes of Chulin; Tosfos - of Terumas ha'Deshen; Pirush Kadmon (A) (perhaps also Rashi) - he put the ashes of the inner Mizbe'ach or of the Menorah on top of Terumas ha'Deshen. Now they are mixed, therefore) Me'ilah applies to them.
One may not benefit from Torim that are too young or doves that are too old. Me'ilah does not apply to them.