1) "PIGUL" OF A "CHATZI MATIR"
QUESTION: The Gemara earlier (41b) cites the Mishnah in Menachos (16a) in which Rebbi Meir rules that if the Kohen has in mind a thought of Pigul at the time that he offers the Kometz and Levonah, the offering is considered Pigul. According to one explanation in the Gemara, Rebbi Meir is teaching that Pigul can be made with a partial Matir -- "Mefalgin b'Chatzi Matir." This means that if there are two different Avodos that, together, permit a Korban to be eaten or offered on the Mizbe'ach, it is not necessary to have a thought of Pigul for both of them; the Pigul takes effect even if it is thought for only one of them. The Gemara cites a Beraisa which teaches that according to Rebbi Meir, if the Kohen Gadol has a thought of Pigul while he performs the Zerikas ha'Dam of the Par and Se'ir on Yom Kippur, the Korban becomes Pigul whether he had the Pigul thought during the first set of Zerikos, during the second set, or during the third set, and eating the meat of the Korban is punishable with Kares. Rebbi Meir is consistent with his opinion with regard to the Kometz and Levonah. All of the Zerikos that are done with the blood are a single Matir. Rebbi Meir maintains that the Kohen Gadol can cause the Zerikos to become Pigul even if he thinks a thought of Pigul during one of the sets of Zerikos, because he maintains "Mefalgin b'Chatzi Matir."
The Gemara questions the opinion of Rebbi Meir. How can a thought of Pigul during the Zerikos in the Kodesh ha'Kodashim create an Isur of Pigul on the Korban? There is a rule that Pigul is created only when all of the Avodos of the Korban are done properly. The Gemara asks that if the Zerikos in the Kodesh ha'Kodashim were done with a thought of Pigul but the other Zerikos were not, then a situation has been created in which the Zerikos, as a whole, were not done properly, since half were done with a thought of Pigul and half were done without a thought of Pigul. Since the Zerikos were not done properly, the Korban should not become Pigul and there should be no Chiyuv of Kares!
RASHI (DH Ki Hadar) explains that if all of the Zerikos had been done with Pigul, then even though the Zerikos were not done properly (since they were done with a thought of Pigul), with regard to the Isur Kares of Pigul it is considered as if the Korban was offered properly, because this is the only way that the Isur of Pigul could ever take effect. If, however, half of the Avodah of Zerikah was done properly and half was done with a thought of Pigul, the Avodah should be considered to have been done improperly (with regard to Pigul taking effect), since it was neither a fully valid Avodah nor a fully invalid (Pigul) Avodah.
TOSFOS (DH Ki) asks a number of questions on this Gemara.
First, why does the Gemara ask this question only on the case of Chatzi Matir with regard to the Zerikos done in the Heichal or in the Kodesh ha'Kodashim? The Gemara's question should apply to every single case of Pigul that takes effect on a Chatzi Matir, since only half of the Matir was done with a thought of Pigul and half was done without a thought of Pigul! It is clear from the Gemara that the question applies only to the Zerikos, and not to a normal Chatzi Matir, since the Gemara waits to cite the Beraisa that discusses the Zerikos before it asks this question. If the question applies to every case of Chatzi Matir, then the question should be raised either at the beginning of the Sugya, or at the end (before the next Mishnah), rather than being associated with the Beraisa that discusses the Zerikos. This is also clear from the words of Rashi (DH Amar Mar). Why is the same question not applicable in every case of Chatzi Matir? (See SEFAS EMES.)
Second, the Gemara asks that if the Haza'os in the Kodesh ha'Kodashim were Pasul, then the remaining Haza'os in the Heichal should not be considered to have been done properly, since part of the Avodah was done with a thought of Pigul. Why is the Gemara bothered only by the Haza'os of the Heichal being Pasul? Since Rebbi Meir maintains that "Mefalgin b'Chatzi Matir," even if the Kohen Gadol had a thought of Pigul at the time of the first Zerikah in the Kodesh ha'Kodashim, it should disqualify all of the subsequent Zerikos in the Kodesh ha'Kodashim and in the Heichal. The Gemara should ask that after the first Zerikah of Pigul, all of the other Zerikos -- even those in the Kodesh ha'Kodashim -- are not considered to have been done properly. Why, then, does the Gemara ask only that the Haza'os in the Heichal were not done properly?
(a) TOSFOS cites RABEINU TAM who explains that the Gemara assumes that if the Kohen has a thought of Pigul during part of a Matir, that does not automatically invalidate the other part of the Matir to make it considered an improperly-performed Avodah. The logic for this is straightforward; just as when the Shechitah was done with a thought of Pigul and the rest of the Avodos were done without a thought of Pigul it is considered as though the Korban was offered properly since the thought of Pigul is "Meratzeh l'Figulo," similarly, if one of the Matirim was offered with a thought of Pigul and the other was not, it is considered an Avodah that was done entirely with a thought of Pigul, because of the thought of Pigul that was thought during one of the Matirim, and the Avodah is "Meratzeh l'Figulo." However, this applies only to two Matirim which are performed in the same location, such as the Haktarah of the Kometz and the Levonah (performed on the outer Mizbe'ach). The same would apply to the various Haza'os that are done in the Kodesh ha'Kodashim, and to the various Haza'os that are done in the Heichal. However, if one of the Haza'os in the Kodesh ha'Kodashim was done with Pigul, the thought of Pigul cannot affect the Haza'os done in the Heichal, since they are performed in a different location. It is only in this case that the Gemara asks that an Avodah which is done half with a thought of Pigul and half without should not be "Meratzeh l'Figulo."
(b) RASHI (DH Amar Mar) does not seem to make the same distinction as Rabeinu Tam. Rather, it appears from the words of Rashi that even a Chatzi Matir can sometimes be a complete "Avodah" and can be "Meratzeh l'Figulo." However, a single Zerikah or set of Zerikos is not considered a complete "Avodah," and therefore it will not be "Meratzeh l'Figulo."
Rashi's intention seems to be that when different parts of a Matir are performed with different objects, the part that is performed with each object is considered a separate Avodah. Therefore, the offering of the Kometz and of the Levonah can be considered separate Avodos, even though each one is half a Matir. (The Gemara also refers to the Haktarah of each of the two Bezichei Levonah that are placed on the Shulchan as being a Chatzi Matir. In such a case as well, the Haktarah of each of the Bazichim will be considered a separate Avodah.)
However, the Haza'os in the Kodesh ha'Kodashim and the Heichal are performed with the same blood. Therefore, the Avodah of the blood cannot be considered to have been completed until all of the Haza'os are completed. If the Kohen performs half of the Haza'os with a thought of Pigul and half without, it will not be "Meratzeh l'Figulo." This is why the Gemara's question applies only to the Haza'os. (M. KORNFELD)
This explanation answers the first question of Tosfos. The KEREN ORAH points out that an answer to the second question of Tosfos can be found in Tosfos in Menachos (16a, DH Bein ba'Rishonah). Tosfos there infers from Rashi that according to Rebbi Meir, if the Kohen Gadol has a thought of Pigul during only some of the Haza'os in the Kodesh ha'Kodashim and not during all of them, then it is not considered even Pigul of a Chatzi Matir, and the Korban is valid. The Korban can become Pigul, according to Rebbi Meir, only when the Kohen has a thought of Pigul throughout all of the Haza'os in the Kodesh ha'Kodashim, or all of the Haza'os in the Heichal, or all of the Haza'os of the Keranos of the Mizbe'ach, or all of the Haza'os of the top of the Mizbe'ach. The reason for this is that although Rebbi Meir maintains that Pigul can be made with a Chatzi Matir, it cannot be made with a half of a Chatzi Matir (a "Chatzi Chatzi Matir"). This is why Rebbi Meir says that the Pigul must be done with either the Kometz or the Levonah, implying that it cannot be made Pigul with a thought of Pigul during the Haktarah of half of the Kometz or half of the Levonah.
The Keren Orah asks that according to this understanding, Rebbi Meir should not consider it Pigul when the Kohen has a thought of Pigul during the Haza'ah of one of the four corners of the Mizbe'ach ha'Penimi, just as the Haza'ah, on Yom Kippur, on one of the corners of the Mizbe'ach ha'Penimi is not considered a Chatzi Matir. However, the Mishnah (36b) states clearly that it is considered Pigul under such circumstances, and the Gemara (41b) explains that the Mishnah follows the opinion of Rebbi Meir who maintains "Mefalgin b'Chatzi Matir." This seems to contradict the assumption of Tosfos in Menachos.
Perhaps the answer to the question of the Keren Orah is as follows. The only reason why Tosfos considers a single Zerikah in the Kodesh ha'Kodashim, or on one of the corners of the Mizbe'ach, on Yom Kippur to be like a "Chatzi Kometz" is that on Yom Kippur each set of Haza'os is considered a separate Avodah, as Tosfos there proves from the wording of the Beraisa. Since each one is considered a separate Avodah, a thought of Pigul during half of one is comparable to a thought of Pigul during half of the Kometz or half of the Levonah.
Is this true, however, with regard to the Par He'elem Davar, Par Kohen Mashi'ach, and Se'irei Avodah Zarah as well? The blood of these Korbanos is sprinkled neither in the Kodesh ha'Kodashim nor on the top of the Mizbe'ach ha'Penimi. Rather, it is sprinkled seven times on the Paroches and four times on the corners of the Mizbe'ach. Are these two sets of Haza'os considered separate Avodos, as they are in the case of the Par and Se'ir of Yom Kippur, or are they considered one long Avodah?
The Keren Orah, at the end of the Sugya, and the GEVURAS ARI (Hashmatah to Yoma 61b) assume that the Haza'os of these forms of Chata'os are also considered separate Avodos. Therefore, if the blood spills after the Haza'os on the Paroches and a new Korban must be slaughtered, the Avodah may be continued with the Haza'os on the corners of the Mizbe'ach, and it is not necessary to repeat the Haza'os on the Paroches.
This indeed is the most straightforward reading of the Beraisa here, which seems to apply the phrase, "Bein ba'Rishonah u'Vein ba'Sheniyah," to the eleven Haza'os of the other Chata'os as well.
The MIKDAS DAVID (23:4) also takes this approach. He cites support from the words of Rashi in Menachos (7b, DH b'Dam Mai). Others cite support from Rashi in Zevachim (110a, DH ha'Zorek), who says that a person is liable for performing the Haza'os outside of the Azarah only when he performs seven Haza'os outside of the Azarah, which implies that the seven Haza'os constitute a separate Avodah. However, the MINCHAS AVRAHAM (2:18) cites the BRISKER RAV and CHAZON ISH who disagreed with this approach based on logical grounds. They argued that the Haza'os of Yom Kippur are performed in order to attain the Kaparah that the day provides. Therefore, the Korban is secondary to the Haza'os, and thus it is possible to slaughter a new animal in order to complete the Haza'os (which were interrupted by the blood spilling). In contrast, in the case of the other Chata'os ha'Nisrafos, it is the Korban which provides the Kaparah. Therefore, if the blood spills and the animal becomes disqualified, the Haza'os which were already performed also become disqualified. Indeed, the Halachah that the Haza'os of Yom Kippur may be continued from where they left off is derived from a verse which pertains specifically to Yom Kippur. (The Minchas Avraham demonstrates ways to refute the proofs brought in support of the Keren Orah.)
Tosfos in Menachos perhaps differentiates between the Chata'os of Yom Kippur and the other Chata'os ha'Nisrafos. Tosfos maintains that all of the eleven Haza'os of the Chata'os ha'Nisrafos are considered a single Avodah. Therefore, any single Haza'ah would be considered a Chatzi Matir. Tosfos writes that a single Haza'ah is considered a "Chatzi Chatzi Matir" only with regard to the Haza'os of Yom Kippur, since each set of Haza'os is considered a separate Avodah, and thus each set is comparable to the Kometz and Levonah. (M. KORNFELD)