THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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1) "TEVILAS KELIM" DURING BEIN HA'SHEMASHOS OF YOM TOV
QUESTION: The Tana Kama and Rebbi Shimon Shezuri argue in a Beraisa whether
one may immerse a Kli on a weekday during Bein ha'Shemashos. The Rabanan who
were learning this Beraisa explained that the argument applies in a case
where a person was running with the Kli towards the Mikvah right before Bein
ha'Shemashos, clearly trying to immerse the Kli before sundown. The Tana
Kama says that in such a case, one may immerse the Kli during Bein
ha'Shemashos on a weekday, since he has demonstrated through his actions (by
running with the Kli to immerse in before Bein ha'Shemashos) that he knows
that in order to become Tahor for use with Terumah, the Kli requires He'erev
Shemesh (sundown). Rebbi Shimon Shezuri argues and does not permit immersing
the Kli during Bein ha'Shemashos, because he holds that the person's actions
do not show that he knows that He'erev Shemesh is required (perhaps he was
running in order to get back to his work).
2) SLAUGHTERING KORBANOS ON YOM TOV
Both the Tana Kama and Rebbi Shimon Shezuri agree that one may not immerse a
Kli during Bein ha'Shemashos on Yom Tov. RASHI (DH Meida Yada) explains that
the reason why one may not immerse a Kli on Yom Tov even according to the
Tana Kama is because the Kli cannot be used until the following night
(He'erev Shemesh), and thus if one immerses the Kli now, he will be
immersing it on Yom Tov for no need ("she'Lo l'Tzorech"). This explanation
is difficult to understand:
(a) Why does Rashi not give the standard reason for the prohibition against
Tevilah on Yom Tov, which the Gemara has already discussed (i.e. because it
looks like Metaken Kli, or the other three reasons given on 18a)?
(b) Why does Rashi say that the Tevilah is not needed for Yom Tov ("she'Lo
l'Tzorech")? True, without He'erev Shemesh it may not be used for Terumah.
However, one may use it for items of Chulin immediately after Tevilah, as
Rashi himself explained earlier (18a, DH b'Vlad)! (MAHARSHA)
(a) The MAHARSHA explains that the other reasons for the prohibition of
Tevilas Kelim on Yom Tov would not suffice to prohibit Tevilah of a Kli
during *Bein ha'Shemashos* of Yom Tov. We rule like Rebbi, who maintains
that prohibitions of "Shevus" (rabbinical prohibitions on Shabbos and Yom
Tov) are not Asur during Bein ha'Shemashos (Eruvin 32b). Since all of the
other reasons for the Isur of Tevilah are only because of Shevus (e.g. a
Gezeirah lest one carry in Reshus ha'Rabim, or a Gezeirah lest one squeeze
out the water from clothing that one immersed, etc.), it would have been
permitted to do Tevilah during Bein ha'Shemashos. The only reason it is not
permitted during Bein ha'Shemashos is because the Tevilah is not needed for
The SHA'AR HA'MELECH adds that even though this reason (of "Tevilah she'Lo
l'Tzorech") is also only an Isur d'Rabanan, nevertheless it is not permitted
Bein ha'Shemashos. The only type of Shevus which is permitted during Bein
ha'Shemashos is that which is needed for the Yom Tov.
The Mishnah in Shabbos (34a), which states that it is prohibited to separate
Ma'aseros on Beis ha'Shemashos and to immerse utensils during Bein
ha'Shemashos, will either not be in accordance with Rebbi, or, according to
Rashi, it is referring to when the person needs the Kelim for Terumah and
not for Chulin, and he does not need to eat the fruits from which he is
separating Terumah on Yom Tov, and thus those actions are "she'Lo l'Tzorech"
(see also Insights to Eruvin 32:3).
(b) The fact that the person is running with the Kli in order to immerse it
before sundown shows that our Sugya is talking about a Kohen who wants to
use the Kli for Terumah, which is why he is running (see RASHI, DH Ha Hu
d'Lo). As such, we must suspect that he does not need the Kli for Chulin at
all (for he has other Kelim for Chulin), and therefore the Tevilah of the
Kli during Bein ha'Shemashos is "she'Lo l'Tzorech."
However, Rashi (18a) cited those who explained that on Yom Tov, one may not
immerse a Kli which became Tamei on Yom Tov with Av ha'Tum'ah because such a
Tevilah is "she'Lo l'Tzorech." Rashi questioned that explanation, saying
that perhaps the person needs the Kli not for Terumah, but for Chulin, in
which case the Tevilah does have a purpose on Yom Tov. What is Rashi asking?
Perhaps that case was also a case where the Kli was not needed for Chulin,
just like Rashi explains here!
The SHA'AR HA'MELECH (Eruvin 1:22) answers that in our Beraisa, it is clear
from the incident that the person needs the Kli for Terumah (because he is
running to immerse the Kli before sundown). In contrast, the Beraisa earlier
(18a) says merely that it is permitted to immerse a Kli that is Tamei with
Vlad ha'Tum'ah, and it is prohibited to immerse a Kli that is Tamei with Av
ha'Tum'ah. If that Beraisa was referring only to a specific case (such as
when the Kli is needed for Terumah and not for Chulin), then it should have
specified that it is only prohibited to immerse a Kli that is Tamei with Av
ha'Tum'ah when that Kli is needed for Terumah, but when it is needed for
Chulin it is permitted.
Alternatively, we find a different Girsa in the words of Rashi here, as
cited by the DIKDUKEI SOFRIM (#60) based on manuscripts. In those texts,
Rashi does not say that "it is Asur to immerse the Kli during Bein
ha'Shemashos on Yom Tov, because one is immersing on Yom Tov for no need
(she'Lo l'Tzorech)," but rather, "it is Asur to immerse the Kli during Bein
ha'Shemashos on Yom Tov, because *it is Yom Tov*" (and not because it is
"she'Lo l'Tzorech"). Hence, Rashi is referring to any of the four reasons
given (18a) for why it is not permitted to immerse Kelim on Yom Tov.
QUESTION: Beis Shamai and Beis Hillel argue whether one may slaughter
animals for Shalmei Chagigah on Yom Tov. Ula says that they both agree that
one may not slaughter animals for Shalmei Nedavah on Yom Tov.
Why should it be prohibited to slaughter any type of Shelamim on Yom Tov? We
know that a large portion of every Korban Shelamim is eaten by the owner. If
so, slaughtering the Shelamim should be permitted because of Ochel Nefesh,
since it is permitted to do a Melachah for the sake of food preparation!
Even though part of the animal will be burned upon the Mizbe'ach, it should
still be permitted to slaughter the animal for the part that the owner will
eat (as the Gemara taught earlier (17a), that an entire pot may be brought
to a boil even if the owner will eat only part of its contents on Yom Tov).
Accordingly, it should be permitted to slaughter both Shalmei Nedavah and
Shalmei Chagigah even according to Beis Shamai, and no verse should be
required to teach that it is permitted to slaughter Shalmei Chagigah
according to Beis Hillel!
ANSWER: The Gemara addresses this question later (21a), regarding an animal
that is owned by both a Jew and a non-Jew, for which Shechitah is permitted.
Why is slaughter such an animal permitted while slaughtering a Korban is
prohibited? The Gemara answers that slaughtering an animal for a Korban is
different. It is not considered Ochel Nefesh for the person who will be
eating it, because "mi'Shulchan Gavo'ah Ka Zachu." When one slaughters an
animal for a Korban, the Korban is brought as an offering to Hashem, as it
were (and not in order to eat it), and only afterwards is it given by Hashem
to the Kohanim to eat. Therefore, the Melachah that one is doing now by
slaughtering it is not being done for Ochel Nefesh, since it only becomes
permitted to eat it later.
However, that explains why the portion of the Korban which the Kohanim
receive is not considered Ochel Nefesh. What about the portion which the
owner receives? That portion does not come from Shulchan Gavo'ah -- Rebbi
Yosi ha'Gelili states (Bava Kama 12b) that Kodshim Kalim are Mamon Ba'alim
both before and after the Shechitah (see also TOSFOS there, DH Modim, and
here in Beitzah, 21a, DH Aval)! The Rishonim give different answers to this
(a) RASHI (21a, DH Kohanim) writes that the owner also receives his portion
from Shulchan Gavo'ah. Even though the Gemara says that "Kohanim" get it
from Shulchan Gavo'ah, it does not mean only Kohanim, but the owner, too,
gets his portion from Shulchan Gavo'ah. (Apparently, although Mamon Ba'alim
makes a person the *owner* of his Korban, it is not what allows the owner to
*eat* his portion of the Korban.)
(b) TOSFOS (Bava Kama ibid.) argues that only the portion of the Kohanim
comes from Shulchan Gavo'ah. The reason why it is prohibited to slaughter a
Korban from which one will eat is because of a different reason. Since it is
a Mitzvah to bring a Korban (or, since other Hana'os from the Korban are
prohibited, see Tosfos Shabbos 24b DH l'Fi), any side benefits that one
derives from the Korban are secondary to the Mitzvah. Since the *main*
purpose of doing the Avodah of the Korban is in order to give it to Gavo'ah,
all the Avodos done for Kodshim are considered to be done for the portion
that goes to Gavo'ah rather than for the secondary benefit derived from
eating it. (RIV'A in TOSFOS Beitzah 27b DH v'Al, Shabbos 24b DH l'Fi, and
Pesachim 46a DH Lo)
(c) TOSFOS in Pesachim (5a, DH v'Omer) says that even though the owner will
eventually be able to eat part of the Korban, nevertheless, right now --
when he slaughters it -- he cannot eat any of it. He must wait until after
the Zerikah has been performed. Since the owner's portion is Asur to him at
the time that he slaughters it, the Avodah which he is doing cannot be
considered to be done for Ochel Nefesh, but only for the sake of Hekdesh.
(This is what is meant by "mi'Shulchan Gavo'ah Ka Zachi," according to
3) BRING A KORBAN TODAY DURING CHOL HA'MO'ED
QUESTION: The Gemara records a Beraisa in which three Tana'im argue about
bringing Korbanos of Nedarim and Nedavos on Yom Tov, as well as when one
transgresses the Isur of Bal Te'acher (see chart). The Tana Kama says that
one cannot bring a Korban Todah on Shavuos because it is Yom Tov, but he
could bring it on Sukos. The Gemara explains that the Beraisa means that one
could bring it on Chol ha'Mo'ed Sukos.
If the Tana of the Beraisa is referring to Chol ha'Mo'ed, why does he have
to tell us that it is Mutar to slaughter the Korban Todah on Chol ha'Mo'ed?
It is obvious that it is permitted to slaughter the Korban on Chol ha'Mo'ed,
since it is not Yom Tov!
ANSWER: According to the Gemara's conclusion, the statement of the Tana Kama
is not teaching anything about bringing Nedarim and Nedavos on Yom Tov, but
rather it is teaching something about the Isur of Bal Te'acher. The Tana
Kama is saying that if one sanctified a Korban before Sukos, it is advisable
to bring it on Sukos (not just that one could bring it then, but one
*should* bring it then), in order to avoid having to make a special trip to
Yerushalayim after Sukos in order to avoid transgressing Bal Te'acher. Since
he cannot bring the Korban Todah during the following festivals (he cannot
bring it during Pesach, because of the Chametz that comes with it, and he
cannot bring it on Shavuos, because it is Yom Tov), he would have to make a
special trip to Yerushalayim in order to avoid transgressing Bal Te'acher.
Therefore, the Tana teaches that he should bring his Korban on Sukos, during
Chol ha'Mo'ed, so that he not have to make a special trip to Yerushalayim.
(See RASHI, DH Ki Pligi)