ZEVACHIM 48 (17 Sivan) - Today's Dayomi study is dedicated to the memory of Moshe Grun (Moshe Shlomo ben Michael z'l), by his friend Seymour in Yerushalayim.

1)

(a)Seeing as Tzafon is written by the Olah, why does our Mishnah begin with the Chatas?

(b)Then why does the Tana begin with the Chata'os Penimiyos and not with the Chata'os Chitzoniyos (which is the subject of the Hekesh to Olah)?

(c)The Torah writes Tzafon in Vayikra by Olas Tzon "Veshachat oso al Yerech ha'Mizbe'ach Tzafonah". What do we learn from the 'Vav' of ve'Im min ha'Tzon" (which follows the Parshah of Olas Bakar)?

(d)Bearing in mind that everyone agrees with the principle 'Vav' Mosif al Inyan Rishon' (that the 'Vav' in such a format acts as a Hekesh), on what grounds do we query the current Limud?

1)

(a)Despite the fact that Tzafon is written by the Olah, our Mishnah begins with the Chatas - because whatever is learned through a D'rashah (a Hekesh to Olah in this case) is particularly precious in the eyes of the Tana.

(b)And the reason that the Tana begins with the Chata'os Penimiyos and not with the Chata'os Chitzoniyos (which is the subject of the Hekesh to Olah) is - because since their blood also enters the Kodesh Kodshim, the Tana considers it precious, too.

(c)The Torah writes Tzafon in Vayikra by Olas Tzon "Veshachat oso al Yerech ha'Mizbe'ach Tzafonah". We learn from the 'Vav' of ve'Im min ha'Tzon" (which follows the Parshah of Olas Bakar) - that an Olas Bakar too, requires Tzafon.

(d)Despite the fact that everyone agrees with the principle 'Vav' Mosif al Inyan Rishon' (that the 'Vav' in such a format acts as a Hekesh)we query this Limud - in that we initially believe that a 'Vav Mosif' comes to compare the latter Parshah to the former one, but not vice-versa.

2)

(a)What is an Asham Taluy?

(b)Someone who is Mo'el (benefits) from Hekdesh brings an Asham Me'ilos. What does Rebbi Akiva in a Beraisa, learn from the 'Vav' of "ve'Im Nefesh", which (following the Parshah of Asham Me'ilos) introduces the Parshah of Safek Asham Taluy ?

(c)What is the case of Safek Me'ilos?

(d)What do the Chachamim say?

(e)Why do the Tana'im dispute this point at all? Why is a Safek Me'ilos not automatically included in the Parshah of Asham Me'ilos?

2)

(a)An Asham Taluy - is the Korban that someone who has transgressed a Safek Chatas is Chayav to bring.

(b)Someone who is Mo'el (benefits) from Hekdesh brings an Asham Me'ilos. From the 'Vav' of "ve'Im Nefesh" - which (following the Parshah of Asham Me'ilos) introduces the Parshah of Safek Asham Taluy, Rebbi Akiva in a Beraisa, learns - that a Safek Asham Me'ilos is Chayav to bring an Asham Taluy, too.

(c)The case of Safek Me'ilos is - where someone had two pieces of meat in front of him, one Hekdesh and one Chulin, and after eating one of them, he cannot remember which one he ate.

(d)The Chachamim - exempt him from an Asham Taluy.

(e)The Tana'im dispute this point - because an Asham Taluy is generally brought for a Safek Chatas (which in turn, is a Chiyuv Kareis be'Shogeg), and not for a Safek Asham.

3)

(a)How do we initially interpret their bone of contention?

(b)Rav Papa concludes however, that everyone holds that 'Vav Mosif' cuts both ways (finally resolving the source of Tzafon by Chatas ben Bakar). What do the Rabbanan then learn from the 'Gezeirah-Shavah' "Mitzvos" (by Asham Taluy) "Mitzvos" from Chatas Cheilev? What is Chatas Cheilev?

(c)Rebbi Akiva learns the 'Gezeirah-Shavah' as 'Mah Lehalan Chatas Kavu'a, Af Ka'an Chatas Kavu'a'. What does he mean by that?

(d)On what grounds are we forced to retract from this interpretation of Rebbi Akiva's ruling? Why can that not be Rebbi Akiva's reason?

3)

(a)Initially, we interpret their bone of contention as to whether, seeing as the Parshah of Asham Me'ilos precedes that of Asham Taluy, the Hekesh works backwards (Rebbi Akiva), or not (the Rabbanan).

(b)Rav Papa concludes however, that everyone holds that 'Vav Mosif' cuts both ways (finally resolving the source of Tzafon by Chatas ben Bakar), and the Rabbanan learn from the 'Gezeirah-Shavah' "Mitzvos" (by Asham Taluy) "Mitzvos" from Chatas Cheilev (i.e. a regular Chatas) - that an Asham Taluy is confined to a Chiyuv Kareis which requires a Chatas be'Shogeg.

(c)Rebbi Akiva learns the 'Gezeirah-Shavah' as 'Mah Lehalan Chatas Kavu'a, Af Ka'an Chatas Kavu'a' - meaning that one only brings an Asham Taluy on a Safek Chatas or on an Asham Kavu'a, but not on a Safek Korban Oleh ve'Yored.

(d)We are forced to retract from this interpretation of Rebbi Akiva's ruling however - based on the principle 'Ein Hekesh le'Mechtzah' (a Hekesh is generally absolute), in which case, Rebbi Akiva ought to have accepted the Rabbanan's interpretation of the Hekesh as well as his own.

4)

(a)We then suggest that perhaps they argue over which is more powerful, a Hekesh (Rebbi Akiva) or a 'Gezeirah-Shavah' (the Rabbanan). On what grounds do we reject this suggestion, too? What do we conclude?

(b)Rebbi Akiva's opinion is based on this conclusion. The Rabbanan disagree, because, in their opinion, the Torah needs to insert the 'Vav' to compare the Asham Taluy to the Asham Me'ilos (with regard to the value of the animal). What does it teach us?

(c)If not for the 'Vav', what would we otherwise have thought?

4)

(a)We then suggest that they argue over which is more powerful, a Hekesh (Rebbi Akiva) or a 'Gezeirah-Shavah' (the Rabbanan). We reject this suggestion too, however - by concluding that a Hekesh definitely overrides a Gezeirah-Shavah.

(b)Rebbi Akiva's opinion is based on that conclusion. The Rabbanan disagree, because, in their opinion, the Torah needs to insert the 'Vav' to compare the Asham Taluy to the Asham Me'ilos, to teach us - that the Asham Taluy must be worth at least two Sela'im.

(c)If not for the 'Vav', we would otherwise have thought - that seeing as a Chatas (that comes for a Vaday Chiyuv) can be worth as little as a Danka (a small coin), then 'Kal va'Chomer' an Asham, which comes for a Safek ('she'Lo Y'hei S'feiko Chamur mi'Vada'o').

5)

(a)We suggest that Rebbi Akiva learns the previous D'rashah from "Zos Toras ha'Asham". How does he learn it from there?

(b)Why then, does he need the 'Gezeirah-Shavah' of...

1. ... "be'Erk'cha" "be'Erk'cha" (Asham Taluy from Asham Gezeilos)?

2. ... "be'Ayil" "be'Ayil" (Asham Shifchah Charufah from Asham Me'ilos)? Why can he not learn it from "be'Erk'cha" "be'Erk'cha"?

(c)In what way do the Asham Nazir and the Asham Metzora differ from the other Ashamos?

(d)How does that explain as to why they must be worth at least one Sela?

5)

(a)We suggest that Rebbi Akiva learns the previous D'rashah from "Zos Toras ha'Asham" - which implies that all Ashamos share the same Din (regarding issues that are not specified).

(b)He nevertheless needs the 'Gezeirah-Shavah' of ...

1. ... "be'Erk'cha" "be'Erk'cha" (Asham Taluy from Asham Gezeilos) - to accommodate those who do not hold of the D'rashah from "Toras".

2. ... "be'Ayil" "be'Ayil" (Asham Shifchah Charufah from Asham Me'ilos), which he cannot learn from "be'Erk'cha" "be'Erk'cha" - because "be'Erk'cha" is not written in connection with the Asham Shifchah Charufah.

(c)The Asham Nazir and the Asham Metzora differ from the other Ashamos - inasmuch as whereas the latter are all rams, they are lambs.

(d)It therefore stands to reason - that since the other Ashamos must cost at least two Sela'im, they must be worth at least one.

6)

(a)What do we learn from the Pasuk in Vayikra ...

1. ... (in connection with a Chatas Yachid) "Veshachat es ha'Chatas bi'Mekom ha'Olah"? What should the Torah otherwise have written?

2. ... "Velakach ha'Kohen mi'Dam" (that is written immediately after Veshachat ... ")?

(b)What independent D'rashah do we make from "Velakach"?

(c)And what do we then learn from the Pasuk there (in connection with the Chatas Nasi) "Veshachat Oso bi'Mekom asher Yishchat es ha'Olah"?

6)

(a)We learn from the Pasuk in Vayikra ...

1. ... "Ve'shachat es ha'Chatas bi'Mekom ha'Olah" (since the Torah could have written "Ve'shachat Osah") - that the Chatas too must be Shechted in the north.

2. ... "Velakach ha'Kohen mi'Dam" (that is written immediately after Veshachat ... ") - that the Kabalas ha'Dam must also take place in the north.

(b)And we learn from "Ve'lakach" - that the Kohen who receives the blood (unlike the Shochet) is also obligated to stand in the Tzafon.

(c)And from the Pasuk there (in connection with the Chatas Nasi) "Ve'shachat Oso bi'Mekom asher Yishchat es ha'Olah", we learn - that Shechitas Tzafon is crucial by Chatas.

7)

(a)We query this latter D'rashah however, from a Pasuk in Tzav. What do we learn from "bi'Mekom asher Tishachet ha'Olah Tishachet ha'Chatas"?

(b)What do we mean when we suggest that perhaps this Pasuk comes to preclude other goats from Tzafon? Which goats?

(c)On what grounds do we dismiss this suggestion?

(d)We now learn Sa'ir Nasi Le'akeiv (even Bedi'eved) and other Chata'os Lechatchilah. Why can "Ve'shachat es ha'Chatas bi'Mekom ha'Olah" (in conjunction with "bi'Mekom asher Tishachet ha'Olah ... ") not serve as a Binyan Av for all Chata'os, even Bedi'eved?

7)

(a)We query this latter D'rashah however, from the Pasuk in Tzav "bi'Mekom asher Tishachet ha'Olah Tishachet ha'Chatas" - which teaches us that the Shechitas Chatas requires Tzafon.

(b)When we suggest that perhaps this Pasuk comes to preclude other goats from Tzafon, we are referring to - the Goat of Yom ha'Kipurim, the Goats of Avodas-Kochavim and the Goats of the Musaf of Yamim-Tovim.

(c)We dismiss this suggestion however - on the basis of the first Pasuk "Veshachat es ha'Chatas bi'Mekom ha'Olah", which serves as a Binyan Av requiring all Chata'os to be Shechted in the north.

(d)We now learn Sa'ir Nasi Le'akeiv (even Bedi'eved) and other Chata'os Lechatchilah. "Ve'shachat es ha'Chatas bi'Mekom ha'Olah" (in conjunction with "bi'Mekom asher Tishachet ha'Olah ... ") which cannot serve as a Binyan Av for all Chata'os - even Bedi'eved - because it is needed to include all the above-mentioned Se'irei Chatas in the Din of Tzafon, as we just explained.

48b----------------------------------------48b

8)

(a)What is the significance of the fact that the Torah compares the Chatas to the Olah both by a lamb and by a goat?

(b)And what do we learn from "Oso" (written by the Sa'ir Nasi)?

(c)What is Sa'ir Nachshon?

(d)What makes us think that Sa'ir Nachshon would otherwise have required Tzafon?

8)

(a)The significance of the fact that the Torah compares the Chatas to the Olah both by a lamb and by a goat is that - this is the source from which we learn that Tzafon is crucial to the Shechitah of a Chatas.

(b)From "Oso" (written by the Sa'ir Nasi) - we preclude Sa'ir Nachshon from Tzafon.

(c)Sa'ir Nachshon is the goat that Nachshon and his fellow Nesi'im brought to inaugurate the Mizbe'ach in the desert.

(d)We think that Sa'ir Nachshon would otherwise have required Tzafon - because the Torah includes it in the Din of Semichah (as we will now see).

9)

(a)The previous D'rashah follows the opinion of Rebbi Yehudah. On what grounds does he include Sa'ir Nachshon in the Din of Semichah from the Pasuk in Vayikra (in connection with the Sa'ir Nasi) "Vesamach Yado al Rosh ha'Sa'ir"?

(b)Rebbi Shimon disagrees. What does he include in the Din of Semichah from " ... al Rosh ha'Sa'ir"?

(c)When Ravina asked why we need "Oso" according to Rebbi Shimon, Mar Zutra b'rei de'Rav Mari retorted that even according to Rebbi Yehudah, it is unclear why we need it. Why is that?

9)

(a)The previous D'rashah follows the opinion of Rebbi Yehudah, who includes Sa'ir Nachshon in the Din of Semichah from the Pasuk in Vayikra (in connection with the Sa'ir Nasi) "Vesamach Yado al Rosh ha'Sa'ir" - due to the fact that the word "ha'Sa'ir" is superfluous (since the Torah could have written 'al Rosho').

(b)According to Rebbi Shimon, " ... al Rosh ha'Sa'ir" comes to include (not Sa'ir Nachshon, but) - Se'irei Avodas-Kochavim in the Din of Semichah.

(c)When Ravina asked why we need "Oso" according to Rebbi Shimon, Mar Zutra b'rei de'Rav Mari retorted that even according to Rebbi Yehudah, it is unclear why we need it - since it is not because the Torah already includes it in the Din of Semichah (the basis of Rebbi Yehudah's D'rashah), that it should also be included in Tzafon ('le'Mai de'Israbi Israbi, u'le'Mai de'Lo Israbi, Lo Israbi').

10)

(a)On what grounds do we initially refute the suggestion that we need "Oso" to preclude Sa'ir Nachshon from Tzafon, which we would otherwise learn from a Binyan Av from Se'iras Yachid, from "Veshachat es ha'Chatas"?

(b)Why in fact, do we not learn Semichah from there?

(c)In that case, why will we have to withdraw from the D'rashah Oso ba'Tzafon, ve'Ein Sa'ir Nachshon ba'Tzafon?

(d)We reject the suggestion that we learn from "Oso", 'Oso ba'Tzafon, ve'Ein Shochet ba'Tzafon', on the grounds that we already know that from Rebbi Achya. From which Pasuk in Vayikra does Rebbi Achya learn that the Shochet does not need to stand in the north?

10)

(a)Initially, we refute the suggestion that we need "Oso" to preclude Sa'ir Nachshon from Tzafon, which we would otherwise learn from a Binyan Av from Se'iras Yachid, from "Veshachat es ha'Chatas" - because then why would we not also learn Semichah from the same Binyan Av?

(b)We do not, in fact, learn Semichah from there - because we cannot learn Sha'ah mi'Doros (a unique occasion [such as Sa'ir Nachshon] from a regular Halachah [a Se'iras Yachid]).

(c)In that case, we will have to withdraw from the D'rashah of Oso ba'Tzafon, ve'Ein Sa'ir Nachshon ba'Tzafon - because, for the same reason, we would not need a Pasuk to teach us that.

(d)We reject the suggestion that we learn from "Oso", 'Oso ba'Tzafon, ve'Ein Shochet ba'Tzafon', on the grounds that we already know that from Rebbi Achya - who learns it from the Pasuk in Vayikra (in connection with the Olas Tzon) "Veshachat Oso al Yerech ha'Mizbe'ach".

11)

(a)We then try to learn from "Oso" (of the lamb of a Chatas Yachid currently under discussion) 'Oso, ve'Lo ben Of'. Why would we have thought that a ben Of needs to be Shechted in the north?

(b)What Pircha do we ask on that? What Chumra does a Korban Beheimah possess over a Korban Of?

(c)So we suggest that "Oso" comes to preclude the Korban Pesach from Tzafon. Why does Rebbi Eliezer ben Ya'akov in a Beraisa think that the Pesach ought to require Tzafon? What Chumra does it posses over Olas Tzon?

(d)We reject that suggestion too, on the basis of a Chumra that Olah has over Pesach. Which Chumra?

11)

(a)We then try to learn from "Oso" (of the Kisbah of a Chatas Yachid currently under discussion) Oso, ve'Lo ben Of, which we would have thought needs to be Shechted in the north - because if a Chatas Beheimah, which does not require a Kohen to Shecht it (since Shechitah Kesheirah be'Zar), requires Tzafon, Kal-va'Chomer a ben Of, which does require a Kohen to perform the Melikah.

(b)We refute this suggestion however, by citing the Chumra that Chatas Beheimah possesses over ben Of - in that it requires a K'li Shareis (both for the Shechitah and for the Kabalas Dam), which a ben Of does not.

(c)So we suggest that "Oso" comes to preclude the Korban Pesach from Tzafon. Rebbi Eliezer ben Ya'akov in a Beraisa, thinks that the Pesach ought to require Tzafon - because if an Olas Tzon, which does not have a fixed time, requires Tzafon, Kal-va'Chomer a Pesach, which does.

(d)We reject that suggestion too, on the basis of a Chumra that Olah possesses over Pesach - in that an Olah is completely burned, whereas the Pesach is eaten.

12)

(a)Why can we not then learn Pesach from ...

1. ... Chatas?

2. ... Asham?

3. ... all three (Olah, Chatas and Asham)?

(b)Finally, we revert to our original contention, that "Oso" (written by the lamb of a Chatas Yachid) comes to preclude the Shochet, who can be standing in the south whilst he Shechts. What do we then learn from "Ve'shachat Oso" (written by the Olah)?

(c)But did we not learn this on the previous Amud from "Velakach"?

12)

(a)We cannot learn Pesach from ...

1. ... Chatas - because a Chatas atones for Chayvei K'risus (which a Pesach does not), from ...

2. ... Asham - because it is Kodshei Kodshim (whereas a Pesach is Kodshim Kalim).

3. ... all three (Olah, Chatas and Asham) - because in fact, they are all Kodshei Kodshim.

(b)Finally we revert to our original contention, that "Oso" (written by the lamb of a Chatas Yachid) comes to preclude the Shochet, who can be standing in the south whilst he Shechts, whereas from "Veshachat Oso" (written by the Olah) we learn - Oso ba'Tzafon, ve'Ein Shochet ba'Tzafon, Aval Mekabel ba'Tzafon (that he must nevertheless receive the blood in the north [not like Rebbi Achya]).

(c)This Tana - does not hold of the D'rashah (that we made on the previous Amud), which learns it from "Velakach".

13)

(a)We now have a source for Tzafon by both Shechitah and Kabalah by an Olah, Lechatchilah. What objection do we raise to Rav Ada bar Ahavah (or Rabah bar Shiloh) who learns even Bedieved, from Chatas u'Mah Chatas ha'Ba'ah Machmas Olah Me'akeves ... ?

(b)How does Rav Ada bar Ahavah refute the Kashya? What did he really mean?

(c)Mar Zutra b'rei de'Rav Mari queries Ravina on this principle however, from Rebbi Yehudah in a Mishnah in Ma'aser Sheini. What is the Din with regard to redeeming Ma'aser Sheini that became Tamei in Yerushalayim?

(d)The Tana Kama permits the redemption of food that was purchased with money of Ma'aser-Sheini which became Tamei. What does Rebbi Yehudah say?

(e)How will Rav Ada bar Ahavah reconcile his principle with Rebbi Yehudah?

13)

(a)We now have a source for Tzafon by both Shechitah and Kabalah by an Olah, Lechatchilah. We object to Rav Ada bar Ahavah (or Rabah bar Shiloh) who learns even Bedieved, from Chatas u'Mah Chatas ha'Ba'ah Machmas Olah Me'akeves .... , on the grounds that - we cannot learn Olah from Chatas, which atones for Chayvei K'riysus, whereas Olah does not.

(b)Rav Ada bar Ahavah refutes the Kashya however, because what he really means is that - nowhere do we find that the derivative is more stringent than its source (so if Tzafon is crucial by Chatas, it goes without saying that it is crucial by Olah.

(c)Mar Zutra b'rei de'Rav Mari queried Ravina on this principle however, from Rebbi Yehudah in a Mishnah in Ma'aser Sheini. If Ma'aser Sheini became Tamei - it may be redeemed even in Yerushalayim (from the Pasuk "Lo Suchal Se'eiso").

(d)The Tana Kama permits the redemption, even in Yerushalayim, of food that was purchased with money of Ma'aser-Sheini which became Tamei. Rebbi Yehudah - requires it to be buried (which is seemingly, a more stringent Din that the Ma'aser Sheini itself).

(e)Rav Ada bar Ahavah reconciles his principle with Rebbi Yehudah - by ascribing the latter's ruling to the weakness of the Kedushah of what is redeemed by Ma'aser Sheini money (in which case it is because it less Chamur that it needs to be buried, not more).

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