[104a - 40 lines; 104b - 56 lines]
1)[line 1]÷åãí ùðøàå ìäôùèKODEM SHE'NIR'U L'HEFSHET- before [Zerikas ha'Dam, when] the hides are fit for skinning
2)[line 4]òí äáùøIM HA'BASAR- with the flesh, i.e. before the skinning
3)[line 6]äøé äåà ëéåöà áåHAREI HU KA'YOTZEI VO- (lit. behold, it is like it) the hide has the same status as the flesh
4)[line 9]äåøöäHURTZAH- it was fit to find favor, i.e. it was valid
5)[line 11]"åÀòÈùÒÄéúÈ òÉìÉúÆéêÈ äÇáÌÈùÒÈø åÀäÇãÌÈí...""V'ASISA OLOSECHA HA'BASAR VEHA'DAM..."- "And you shall offer your burnt offerings, the flesh and the blood..." (Devarim 12:27).
6)[line 12]àí àéï ãí àéï áùø; àí àéï áùø àéï ãíIM EIN DAM EIN BASAR; IM EIN BASAR EIN DAM- (lit. if there is no blood, there is no flesh; if there is no flesh, there is no blood) if the blood is invalidated, the flesh cannot be eaten (or sacrificed, in the case of an Olah); if the flesh is invalidated, the blood cannot be cast on the Mizbe'ach
7)[line 17]øéåçREVACH- a space
8)[line 23]ôñéãàPESEIDA- loss
9)[line 25]îéãé ãäåä (àãéòáã) [àéåöà]MIDI D'HAVAH (A'DI'EVED) [A'YOTZEI]- something that is similar to the case of Yotzei
10)[line 26]ðôñìNIFSAL- it was rendered invalid [by being touched by a Tevul Yom] (RASHI to Pesachim 77b DH Nifsal)
11)[line 26]éöà çåõ ì÷ìòéíYATZA CHUTZ LA'KELA'IM- it went out of the [area enclosed by the] Kela'im (lit. curtains - based upon the Mishnah 53a and RASHI there DH Kela'im, or the Gemara 107b, "Amar Rebbi Eliezer, keshe'Hayu Bonin ba'Heichal..."), i.e. the designated area in which it was to be eaten
12)[line 29]ìîöåúï ìà ÷àîøéðïL'MITZVASAN LO KA'AMRINAN- we were not speaking about a case in which the Mitzvah for the Korban is that it should be burned in the Beis ha'Sereifah (the Beis ha'Deshen)
13)[line 29](äøé) [åäà àé÷à] ÷åãí äôùè å÷åãí æøé÷ä(HAREI) [V'HA IKA] KODEM HEFSHET V'KODEM ZERIKAH- but, however, there is the case of a Korban becoming invalidated before the skinning and before the Zerikas ha'Dam (where the Halachah dictates that it should be burned, according to both Rebbi and Rebbi Elazar b'Rebbi Shimon)
14)[line 30]çìåõ ÷àîøéðïCHALUTZ KA'AMRINAN- we were referring to [a case where the animal was already] skinned
15)[line 33]ùàéï äôùè ÷åãí æøé÷äSHE'EIN HEFSHET KODEM ZERIKAH- that the animal should not be skinned before the Zerikas ha'Dam
16)[line 33]ðîöàú èøéôä ááðé îòééíNIMTZEIS TEREIFAH BI'VNEI ME'AYIM - it is found to be a Tereifah [after the slaughtering and skinning, when a defect was found] in its innards (TEREIFAH)
A Tereifah is a person or an animal that has acquired or was born with a fatal defect that will result in his or its death within a year. The signs of a Tereifah are described in Chulin 42a et seq. (There are some who maintain that a Tereifah can live for more than a year - see Chulin 42a-b.)
17)[line 34]ãé÷à ðîé ã÷úðé...DEIKA NAMI D'KETANI...- [the wording of the text of our Mishnah] is also precise (and hence supportive of what was just proposed), for the Tana states...
18)[line 36]âáåìéïGEVULIN- (lit. the borders) in the rest of Eretz Yisrael besides Yerushalayim (a Bechor found to have a blemish may be slaughtered and eaten outside of Yerushalayim)
19)[line 37]ëùäúéøå îåîçäKESHE'HITIRO MUMCHEH - when an expert pronounced that the animal had a blemish that rendered it unfit to be offered as a Korban (BECHOR)
(a)The Kedushah of Bechor rests on every first-born male of cattle, goats or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b)If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. Only a Mumcheh (an expert) has the authority to pronounce that a Bechor has a Mum (Bechoros 28a). After its blood and Eimurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night.
(c)If the animal has or develops a Mum, it becomes the property of the Kohen. It must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.
(d)Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393, #445).
20)[line 37]åäìëúà ëãáøé çëîéíV'HILCHESA K'DIVREI CHACHAMIM- and the Halachah follows the opinion of the Chachamim of our Mishnah, (a) that a Bechor that does not have a Mum that is found to be a Tereifah nowadays is burned (against the opinion of Rebbi Chanina Segan ha'Kohanim). However, the Chachamim agree with Rebbi Akiva regarding a Bechor Ba'al Mum that is found to be a Tereifah, that the flesh is buried and the hide is given to the Kohanim (RAMBAM Hilchos Bechoros 3:10, SEMAG Esin #211); (b) that with regard to both a Bechor Tam and a Bechor Ba'al Mum that is found to be a Tereifah nowadays, the hide is buried along with the flesh; only a Bechor Tam that is found to be a Tereifah in the Azarah of the Beis ha'Mikdash is taken out to be burned along with its hide (RI, ROSH to Bechoros 5:2, SHULCHAN ARUCH Yoreh De'ah 307:2) (YOSEF DA'AS)
21a)[line 38]ôøéí äðùøôéíPARIM HA'NISRAFIM
(a)The Torah requires that on certain occasions a bull be brought as a Korban Chatas, the blood of which is brought into the Heichal and is sprinkled on the Paroches and on the Mizbach ha'Ketores. The Sheyarei ha'Dam (the remainder of the blood) was poured on the Western Yesod (foundation) of the Mizbe'ach. The remains of these bulls are entirely burned in the place outside of Yerushalayim where the ashes from the Mizbe'ach are deposited.
(b)These bulls are:
1.the bull offered by the Kohen Gadol on Yom ha'Kipurim, the blood of which is also sprinkled in the Kodshei Kodashim (Vayikra 16:27, see Background to Zevachim 47:11a);
2.the bull brought by the Kohen Gadol if he sinned b'Shogeg (Par Kohen Gadol) (Vayikra 4:12, see Background to Shevuos 14:13:b-d);
3.the bull brought by the Sanhedrin if they erred in a Halachic ruling and caused the people to sin b'Shogeg (Par He'elem Davar) (Vayikra 4:21, see Background to Horayos 2:1).
b)[line 39]ùòéøéí äðùøôéíSE'IRIM HA'NISRAFIM
(a)The Sanhedrin (the Jewish Supreme Court) must bring a Korban if they issued a mistaken ruling permitting an act of idolatry that carries a Chiyuv Kares and the Jewish people in Eretz Yisrael (the majority of the people or the majority of the tribes) conducted themselves based on this ruling. The sages bring a young bull as an Olah and a male goat as a Chatas on behalf of each of the tribes. The people are exempt, since they relied on the Beis Din ha'Gadol. The goats are called Se'irei Avodas Kochavim or Se'irim ha'Nisrafim (RAMBAM Hilchos Shegagos 12:1).
(b)The blood of the goats is sprinkled in the Heichal on the Paroches and the Mizbach ha'Ketores. The Sheyarei ha'Dam (the remainder of the blood) was poured on the Western Yesod (foundation) of the Mizbe'ach. The remains of the goats are burned outside of the city of Yerushalayim where the ashes from the Mizbe'ach are deposited (Bamidbar 15:22-26).
22)[line 39]ëîöåúïK'MITZVASAN- as is the Mitzvah for these Korbanos
23)[line 39]ááéú äãùïB'VEIS HA'DESHEN
(a)There are four places associated with the Beis ha'Mikdash that are called "Beis ha'Deshen" (ash-pile):
1.The first Beis ha'Deshen, also known as Mekom ha'Deshen, was located southeast of the outer Mizbe'ach alongside the ramp, at a distance of three Tefachim (approximately 22.8, 24 or 28.8 cm, depending upon the differing Halachic opinions) from the ramp and 10 Amos north (approximately 4.56, 4.8 or 5.76 meters) of the foot of the ramp. The Terumas ha'Deshen (a shovel-full of ashes lifted from the bonfire of the outer Mizbe'ach) and ashes from the Menorah and the inner Mizbe'ach were put there every morning. Additionally, when a bird was brought as an Olas ha'Of, the Kohen cut out the crop and surrounding feathers of the bird (or, according to some Tana'im, the crop and the intestines - Zevachim 65a) and threw them onto this Beis ha'Deshen.
2.The second Beis ha'Deshen was located immediately to the east of the outer Mizbe'ach. It was used for burning the parts of certain Korbanos that became Pesulim, where the Pesul occurred before the Zerikas ha'Dam. These parts were the meat and the Eimurim of Kodshei ha'Kodashim, the Eimurim of the Kodshim Kalim, and the Parim and Se'irim ha'Nisrafim (the bulls and goats, the remains of which were burned) (Pesachim 24a, Zevachim 104b).
3.The third Beis ha'Deshen was located on Har ha'Bayis and was used for burning the Parim and Se'irim ha'Nisrafim that became Pesulim, where the Pesul occurred after the Zerikas ha'Dam (according to Rav Nachman Amar Rabah bar Avuha) or after they were taken out of the Azarah (according to Tani Levi).
4.The fourth Beis ha'Deshen was also called the Shefech ha'Deshen. Most of the ashes from the sacrifices burned on the outer Mizbe'ach were cleared away to the Tapu'ach, a large pile of ashes in the middle of the Mizbe'ach. The Torah states that when this pile becomes excessively large, the ashes must be cleared away to the Shefech ha'Deshen, the ritually clean place outside the camp in the desert or outside of Yerushalayim where the ashes from the Mizbe'ach are deposited (Vayikra 4:12, 6:4). The Parim and Se'irim ha'Nisrafim that did not become Pesulim during their Avodah were also burned in this Beis ha'Deshen.
(b)The Beis ha'Deshen mentioned in our Gemara is the one called the Shefech ha'Deshen (see above, a:4).
24)[line 39]îèîàéï áâãéíMETAM'IN BEGADIM- those people who handle the burning of the Parim ha'Nisrafim and the Se'irim ha'Nisrafim become Tamei to the extent that they in turn are Metamei the clothes that they are wearing (Vayikra 16:28; RAMBAM Hilchos Parah Adumah 5:4)
25)[last line]ááéú äáéøäBEIS HA'BIRAH- the Gemara (Daf 104b) discusses the meaning of this phrase. According to Rebbi Yochanan, this refers to a place (a tower, according to the Yerushalmi Pesachim 7:8) on Har ha'Bayis (perhaps the Antonia fortress - MK). If so, the Mishnah must be referring to a case where the Parim ha'Nisrafim and the Se'irim ha'Nisrafim became invalidated after the Zerikas ha'Dam (according to Rav Nachman Amar Rabah bar Avuha) or after they were taken out of the Azarah (according to Levi). These Korbanos are burned in the Beis ha'Deshen described above, entry #23:a:3. According to Reish Lakish, "Beis ha'Birah" refers to the entire Beis ha'Mikdash compound, which includes the Azarah of the Beis ha'Mikdash and Har ha'Bayis. (The Yerushalmi Pesachim 3:5 records the words of Reish Lakish as, "Kol Har ha'Bayis Karuy Birah she'Ne'emar...") As such, the Mishnah is referring both to Parim ha'Nisrafim and the Se'irim ha'Nisrafim that became invalidated before or after the Zerikas ha'Dam.
104b----------------------------------------104b
26)[line 1]ñåáìéïSOVLIN- hauling
27)[line 1]îåèåúMOTOS- poles
28)[line 6]òã ùéåöú äàåø áøåáïAD SHE'YUTZAS HA'UR B'RUBAN- until most of them have caught fire (i.e. the majority of the animal being burned)
29)[line 13]ôñåìé ÷ãùé ÷ãùéíPESULEI KODSHEI KODASHIM - the parts of Korbenos Kodshei Kodashim that became Pesulim (KODSHEI KODASHIM)
(a)The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham (and Menachos), which have a greater degree of sanctity. They may only be slaughtered in the northern part of the Azarah and those parts that may be eaten may only be eaten in the Azarah by male Kohanim.
(b)Kodshei Kodashim that become Pesulim (invalid), where the Pesul occurred before the Zerikas ha'Dam, were burned in the Beis ha'Deshen in the Azarah (see above, entry #23:a:2). This includes the meat and the Eimurim of Kodshei ha'Kodashim and the Parim and Se'irim ha'Nisrafim (the bulls and goats, the remains of which were burned).
30)[line 14]àéîåøé ÷ãùéí ÷ìéíEIMUREI KODASHIM KALIM - the Eimurim of Korbenos Kodshim Kalim that became Pesulim (KODSHIM KALIM)
(a)The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser Behemah, Pesach and Bechor, which have a lesser degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women.
(b)The Eimurim are the fats and other parts of the Korban that are burned on the Mizbe'ach. They consist of:
1.the layer of fat covering the stomachs;
2.all other fat attached to the stomachs;
3.the two kidneys;
4.the fat on the kidneys;
5.The Yoseres, which is either the diaphragm (RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4).
6.In the case of a sheep, the fat tail (Vayikra 3:9).
(c)When the Eimurim became Pesulim before the Zerikas ha'Dam, they were burned in the Beis ha'Deshen in the Azarah (see above, entry #23:a:2).
31)[line 19]åëîöåúïUCH'MITZVASAN- [when they have not become Pesulim] the Mitzvah for these Korbanos [is that it should be burned in the Beis ha'Deshen]
32)[line 19]ùìù îçðåúSHALOSH MACHANOS
(a)There are three Machanos (designated holy areas) within the city of Yerushalayim, corresponding to their respective areas in the Midbar:
1.The entire area within the walls of Yerushalayim, excluding Har ha'Bayis, is Machaneh Yisrael. This area corresponds to the area of encampment of the twelve tribes in the Midbar. Machaneh Yisrael is off-limits to Metzora'im. (Metzora'im are also forbidden to enter any walled city in Eretz Yisrael.)
2.The area between the Azarah and the wall encompassing Har ha'Bayis, including the Ezras Nashim, is Machaneh Leviyah. This corresponds to the area around the Mishkan, where the Leviyim encamped. This area is prohibited not only to Metzora'im, but also for Zavin, Zavos, Nidos and Yoldos.
3.The entire area within the Azarah (i.e. the Ezras Yisrael and the Ezras Kohanim that contained the Beis ha'Mikdash, the Mizbe'ach, and various Lishkos or chambers - not the Ezras Nashim) is Machaneh Shechinah (excluding the area under the gate to the Azarah known as Sha'ar Nikanor). This corresponds to the area of the Mishkan [within the Kela'im/curtains]. This area is even prohibited to a person who is Tamei Mes.
(b)The Mitzvah for the Parim ha'Nisrafim and the Se'irim ha'Nisrafim is that it should be burned outside of the three Machonos listed above, in the Beis ha'Deshen called the Shefech ha'Deshen (see above, entry #23:a:4).
33)[line 26]áéöéàúïBI'YETZI'ASAN- after they are taken out of the Azarah
34)[line 28]ìéðä îäå ùúåòéì?LINAH MAHU SHE'TO'IL? (PESULEI KORBAN: LINAH)
(a)Linah is the term used when any parts of the Korbanos were not placed on the Mizbe'ach until the following morning. They become disqualified and may never be placed on the Mizbe'ach. Nosar, a type of Linah, defines parts of Korbanos that were not eaten during their allotted time (see Background to Zevachim 98:3b), that become disqualified and may never be eaten.
(b)Rebbi Yirmeyah asks whether the prohibition of Linah invalidates the Parim ha'Nisrafim and the Se'irim ha'Nisrafim if they were not burned on the day that they were sacrificed.
35)[line 29]ëé îäðéà ìéðäKI MEHANYA LINAH- Linah works [to invalidate a Korban]
36)[line 30]ãáø àëéìäD'VAR ACHILAH- which is a part of the Korban that is eaten (either literally or by being burned ("eaten") on the Mizbe'ach)
37)[line 33]åùåéïV'SHAVIN- and they agree. Rebbi Shimon and the Chachamim, who argue (Daf 43a) as to whether intentions of "Chutz li'Zemano" ("Pigul" - see Background to Zevachim 23:11a) apply to Chat'os ha'Penimiyos, agree that if the intention was to eat the Parim ha'Nisrafim and the Se'irim ha'Nisrafim, or to burn them on the day after they were sacrificed, that the laws of Pigul do not apply (RASHI).
38)[line 38]îåòìéï áäï îùäå÷ãùåMO'ALIN BAHEN MISHE'HUKDESHU - one who benefits from them transgresses the prohibition of Me'ilah from the time that they were sanctified (ME'ILAH)
(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b)If someone benefited from Hekdesh b'Mezid (intentionally), he is liable to Malkus (according to the Rabanan; according to Rebbi he is liable to Misah b'Yedei Shamayim - Sanhedrin 83a) and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c)If someone benefited from Hekdesh b'Shogeg (unintentionally), the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
39)[line 39]äåëùøå ìéôñìHUCHSHERU LIPASEL- they become all set (lit. fit) to be invalidated
40)[line 39]èáåì éåíTEVUL YOM
A Tevul Yom is a person who has immersed in a Mikvah to become Tahor for Chulin, but is still waiting for nightfall to be completely Tahor with regard to Terumah, Kodshim and Bi'as Mikdash. The level of Tum'ah of a Tevul Yom is minimal; he is considered only a Sheni l'Tum'ah and if he touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he touches do not become Teme'im. If he enters the Mikdash, however, he is Chayav Kares (see Background to Makos 8:18b). After the following nightfall, he becomes completely Tahor with regard to Terumah. If he is a Mechusar Kaparah (see below, entry #17), he must wait until he brings his sacrifices to become completely Tahor with regard to Kodshim and Bi'as Mikdash.
41)[line 39]îçåñø ëéôåøéíMECHUSAR KIPURIM
(a)There are three stages in the Taharah (purification) process of a Zav, Zavah, Yoledes, and Metzora:
1.Tevilah (immersing in a Ma'ayan for a Zav, or in a Mikvah for the others),
2.He'erev Shemesh (nightfall after the Tevilah),
3.a Korban.
(b)The above Teme'im may not eat Terumah until nightfall after the Tevilah. They may not eat Kodshim or enter the Mikdash until they have brought their Korbanos the following morning. A Tamei who has only immersed is called a Tevul Yom until nightfall. After nightfall he is called a Mechusar Kaparah until he brings his Korban.
42)[line 43]îéãé àéøéà?MIDI IRYA?- Is this a proof? (Perhaps the Reisha refers to (Linas) Eimurim and the Seifa refers to (Hatachas) Basar!)
43)[line 46]éöéàäYETZI'AH- being taken out of the area designated for them [before Zerikas ha'Dam (which invalidates them, since their time to be taken out has not yet arrived)]
44)[line 50]áùø ãàéï ñåôå ìöàúBASAR D'EIN SOFO LATZEIS- the flesh of Kodshim Kalim that need not be taken out of the Azarah (as opposed to the flesh of the Parim ha'Nisrafim and the Se'irim ha'Nisrafim)
45)[line 53]ùéöà øåáå áîéòåè àáøSHE'YATZA RUBO B'MI'UT EVER- one of the Parim ha'Nisrafim or the Se'irim ha'Nisrafim, the majority of which was taken out of the Azarah, but the majority was only achieved with the departure of a minority of a limb that was mostly still in the Azarah
46)[line 54]áúø øåáà ùãéðï ìéäBASAR RUBA SHADINAN LEI- is considered Halachically to be (lit. is thrown) in the same place as the majority [of the limb]