[98a - 30 lines; 98b - 52 lines]

*********************GIRSA SECTION*********************

We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Rashi 98b DH Hu Ochel Imahen [right column, near the bottom] ד"ה אוכל עמהן:

The words "Harei Nimshach Min ha'Rishon" הרי נמשח מן הראשון are the last words in this Dibur ha'Maschil. The words "v'Chazar Bo mi'Shelichuso" וחזר בו משליחותו are part of another Dibur ha'Maschil that was omitted from the printed editions. The omitted Dibur ha'Maschil is, "v'Ein Yadu'a Chulei (etc.) v'Hu Eino Ochel Imahen Shema Shelo Nishchat Rishon v'Chazar Bo mi'Shelichuso" ואין ידוע כו' והוא אינו אוכל עמהן שמא שלא נשחט ראשון וחזר בו משליחותו. (Dikdukei Sofrim #400)


1)[line 10]נדרים ונדבות אין קריבין ביום טובNEDARIM U'NEDAVOS EIN KEREIVIN B'YOM TOV

(a)The Torah allows one to offer a voluntary sacrifice in the Beis ha'Mikdash (Vayikra 1:2). Such Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37), or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).

(b)There are two categories of voluntary Kobanos: general and specific. Should one state, "I pledge an Olah (for example)" without singling out any specific animal, then his pledge is called a Neder. Even after subsequently designating a specific animal with which to fulfill his pledge, he must replace it should that animal get lost or die. If one singles out an animal to offer as his pledge, then it is known as a Nedavah. If this animal is lost or dies, then he has no obligation to offer another in its place.

(c)The Tana'im disagree as to whether the Melachos of slaughtering, etc. may be performed on Yom Tov in order to offer voluntary sacrifices (Beitzah 19b). The argument made by those Tana'im who opine that one may offer Nedarim and Nedavos includes the following points:

1.Parts of Shalmei Nedavah are consumed. Therefore, any Melachos required to offer them on Yom Tov are permitted, just as cooking is permitted in the preparation of food on Yom Tov.

2.According to some Tana'im (see RASHI Beitzah 19a DH Aval Lo Olos), even Olos Nedavah — which are completely consumed by the Mizbe'ach — may be offered on Yom Tov. Since he who offers an Olah benefits from the increase in the glorification of HaSh-m, those Melachos associated with its offering are permitted due to the Halachah of "mi'Toch she'Hutrah l'Tzorech Ochel Nefesh, Hutrah Nami she'Lo l'Tzorech Ochel Nefesh." (This idea means that once certain Melachos are permitted on Yom Tov in the preparation of food, they may be performed for other purposes as well.) Alternatively, the word "la'Sh-m" (Vayikra 23:41) was added in order to specifically allow the offering of Nedarim and Nedavos on Yom Tov (Beitzah 19a, 20b).

(d)Those Tana'im who argue that Nedarim and Nedavos may not be offered on Yom Tov maintain that:

1.No Korban is considered to be Tzorech Hedyot — for human, earthly use. Korbanos are offered l'Tzorech Gavo'ah — for supernal use only; he who offers the Korban receives his share as a gift from on high. Melachos performed solely l'Tzorech Gavo'ah are not permitted on Yom Tov, since the Torah (Shemos 12:16) describes Yom Tov as "Lachem" — "for you" (TOSFOS Shabbos 24b DH Lefi).

2.Alternatively, the word "v'Chagosem" (Vayikra ibid.) implies that only Korbanos similar to the Chagigah in that they have a set time within which they must be offered are allowed on Yom Tov. Since Nedarim and Nedavos may be offered anytime, they may not be offered on Yom Tov (RASHI Beitzah 20b DH mid'Oraisa).

(e)According to the opinion of Beis Shamai, Nedarim and Nedavos may not be offered on Yom Tov (Mishnah Beitzah 19a).

2)[line 13]אנינותANINUS

(a)On the day upon which one of a person's seven closest relatives for whom he is required to arrange burial (father, mother, brother, sister, son, daughter, and spouse) passes away, he has the status of an Onen according to Torah law. An Onen who is a Kohen may not perform the Avodah in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen may not partake of Kodshim, Bikurim, or Ma'aser Sheni.

(b)The Rabanan decreed that these prohibitions apply for a time after Aninus mid'Oraisa has passed. The Tana'im and Rishonim disagree, however, as to the nature of this Gezeirah. There is a Machlokes as well as to whether Aninus mid'Oraisa applies for the entire day of death or for only part of the day, under certain circumstances. With regard to these questions, Aninus may be broken into five time periods, as follows:

1.On the day of death, prior to the burial — according to all opinions Aninus mid'Oraisa applies, as above.

2.On the day of death, following the burial — according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam), Aninus mid'Oraisa still applies.

3.The night following the death (according to Rashi in #2, before the burial; according to Ramban in #2, even after the burial) — the Tana'im disagree as to whether Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most Rishonim rule that such Aninus is not mid'Oraisa but rather mid'Rabanan.

4.During the days following the day of death, even if the body has not been buried — Aninus applies only mid'Rabanan (Zevachim 100b) until the end of the day of burial. Similarly, on the day of "Likut Atzamos" (when the remains of one of one's seven closest relatives are exhumed and re-buried), the Rabanan decreed that one is an Onen for that entire day.

5.The night following the day of burial — the Tana'im (Zevachim 100b) disagree as to whether one is an Onen mid'Rabanan or not at all. The Halachah follows the opinion which states that he is not an Onen.


3)[line 2]מביאין קדשים לבית הפסולMEVI'IN KODSHIM L'VEIS HA'PESUL

(a)Every Korban has a different set of Halachic specifications with regard to when, where, and by whom it may be eaten. Certain Korbanos may be consumed only on the day upon which they are offered and the following night, while others may be eaten for two days as well as the night in between. While some Korbanos may be eaten anywhere in Yerushalayim, others must be partaken of only within the Azarah (the courtyard of the Beis ha'Mikdash). There are parts of Korbanos which may be eaten by any Jew, while other sections may be consumed only by a Kohen.

(b)If an animal is known to be Kodshim and yet there is a doubt about precisely what type of Korban it is, then it may be offered conditionally. This is true as long as the set of specifications applicable to each of the Korbanos which it may be are equal. For example, if an animal is certainly a Chatas but it is unclear which of two women owns it, it may be offered on behalf of the owner, whoever she might be. If the Chatas belonged to the first woman, she has thereby fulfilled her obligation, and if it belonged to the other woman, then she has thereby fulfilled her obligation. (This example applies only when the only possible owners are known to be women, who are not required to perform Semichah (see Background to Pesachim 96:24). Since Semichah may be performed only by the owner of the Korban, offering a Chatas of uncertain ownership is not an option when one of the possible owners is a man. -RAMBAM Hilchos Pesulei ha'Mukdashin 6:4)

(c)If, however, there is a doubt about what kind of Korban a specific animal is, then mid'Rabanan one may not offer it conditionally l'Chatchilah. This is true when the different Korbanos have differing sets of Halachic specifications, since one may not increase the chance that a Korban will become Nosar (Pesachim 98b, Zevachim 75b). For example, if one is uncertain about whether a certain animal is a Chatas or a Shelamim, he is not allowed to offer it as whatever type of Korban it might be. If it indeed is a Shelamim, then non-Kohanim may eat it for two days and the night in between in all of Yerushalayim. If it is a Chatas, however, then it may be consumed by Kohanim only for one day and the night afterward, and only in the Azarah. Since one would have no choice but to treat such a Korban as a Chatas, the greater limitations placed upon the consumption of the Korban would lead to a greater likelihood that it will become Nosar. Rather, in such a case of doubt one must put the animal out to pasture, wait for it to develop a Mum (blemish), and then redeem it. Rebbi Shimon maintains that it is preferable to limit the consumption of a Korban rather than put it out to pasture.