brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
A Kohen who is liable for the death penalty is taken away to be put to death even if he is in the middle of performing the Avodah.
The burial of a Mes Mitzvah takes precedence over the Avodah in the Beis ha'Mikdash. However, the burial may not be done on Shabbos.
Even though a Mitzvas Lo Sa'aseh is more stringent than a Mitzvas Aseh, the Torah teaches that a Mitzvas Aseh supersedes a Mitzvas Lo Sa'aseh.
Something that was initially part of a Klal and was removed from the Klal in order to teach something teaches not only something about itself, but also teaches something about the entire Klal. (1)
Something that was initially part of a Klal and was removed from the Klal in order to teach a novel Din cannot be returned to the Klal unless the Torah specifically returns it to the Klal. (2)
A Mah Matzinu from the wife of the brother cannot be used to derive that the Mitzvah of Yibum applies to the 15 women who are an Ervah, because with regard to the wife of the brother there is only one prohibition, while there are two prohibitions that pertain to any of the 15 women. (3)
A Metzora who becomes a Ba'al Keri on the eighth day of his Taharah, when that day falls on Erev Pesach, may enter Har ha'Bayis after immersing himself, even though he is a Tevul Yom. (4)
The prohibition of a Tevul Yom entering Har ha'Bayis is mid'Rabanan in nature and was instituted by Yehoshafat ha'Melech.
Ula says that even though there is normally a Chiyuv Kares for a Tevul Yom to insert his hands inside the Azarah, it is permitted for a Metzora who is a Tevul Yom to do so. The reason is that since a Metzora on his eighth day is anyway a Mechusar Kipurim and yet the Torah allows him to insert his hands into the Azarah, he may also do so when he is a Tevul Yom. (5)
A BIT MORE
1. "Shelamim" was included in the Klal of all of the Kodshim. It was removed from the Klal for the purpose of teaching that a person who eats Kodshim while he is Tamei is Chayav Kares. It teaches that law not only with regard to Shelamim, but also with regard to all Kodshei Mizbe'ach, with the exception of Kodshei Bedek ha'Bayis.
2. An Asham of a Metzora was originally part of the Klal of all other Ashamos. It was removed from the Klal to teach the novel Din that it requires the blood to be placed on the thumb of the right hand and the big toe of the right foot. Once the Asham Metzora was removed from the Klal, it would not have been included in the Klal regarding the placing of the blood and the Eimurim on the Mizbe'ach until the Torah specifically returned it to the Klal.
3. Since the Mitzvah of Yibum applies only to the wife of the brother, if any of the 15 women would be married to the brother, two prohibitions would apply: (a) the prohibition of a wife of the brother, and (b) the prohibition of whichever Ervah she happens to be.
4. The Metzora must stand in the Gate of Nikanor and insert his hands into the Azarah so that the blood of the Asham may be placed on him. Even though a Tevul Yom is prohibited from entering the Azarah, an exception is made on Erev Pesach so that the Metzora can become Tahor and eat his Korban Pesach that night.
5. Ula maintains that partially entering the Azarah is the same as completely entering. Thus, allowing a Metzora to insert his hands into the Azarah constitutes an exception in this case. Even though the Metzora is a Mechusar Kipurim who is normally prohibited from entering the Azarah, the Torah allows him to enter for the purpose of have the blood of the Asham placed on his thumb and big toe. (The blood may not be taken out of the Azarah because it will become Pasul b'Yotzei.) Since the Torah is already making an exception for the Metzora, that exception will apply even in a case in which the Metzora is also a Tevul Yom.
WHY A LO SA'ASEH IS MORE SEVERE THAN AN ASEH
The Gemara says that a Mitzvas Lo Sa'aseh is more stringent than a Mitzvas Aseh. Rashi says that the proof for this is that a Lo Sa'aseh is punishable with Malkus. The Aruch la'Ner asks that although a Mitzvas Aseh is not punishable, perhaps the reason is that it is so severe that no punishment suffices! Moreover, a Mitzvas Aseh is rewarded so greatly in Olam ha'Ba that the failure to receive that reward is a much greater punishment than any punishment a person may receive for transgressing a Mitzvas Lo Sa'aseh in this world (Sefer Charedim). Thus, the fact that there is no punishment of Malkus for failure to do a Mitzvas Aseh is no proof that it is less stringent. The Aruch la'Ner says that there are other reasons why a Mitzvas Lo Sa'aseh is more stringent than an Aseh. One who transgresses a Lo Sa'aseh does an act against the Torah, while one who fails to perform a Mitzvas Aseh does no act. Second, failure to do a Mitzvas Aseh is immediately forgiven upon repentance, while transgression of a Lo Sa'aseh is not immediately forgiven even after one repents; he must wait until Yom Kippur to be completely forgiven.
WHY A TEVUL YOM MAY ENTER THE BEIS HA'MIKDASH TO BRING HIS KORBAN PESACH
Metzora whose eighth day falls on the fourteenth (of Nisan) who has an emission of Keri on that day may immerse and enter the Ezras Nashim to bring his Korbanos. Even though a Tevul Yom may not enter the Ezras Nashim, since the prohibition is mid'Rabanan in nature and this is the proper time to bring the Korban Pesach, the Aseh that is punishable with Kares (the Mitzvah to bring the Korban Pesach) supersedes the Aseh that is not punished with Kares. (Rambam Hilchos Korban Pesach 6:5)
Next Daf Index to Revach for Maseches Yevamos