THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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MENACHOS 100 - Today's Daf has been sponsored by Mr. and Mrs. Zachary
Prensky of N.Y. in honor of the first birthday of Daniel S. (AKA Daniel
1) PERFORMING A MITZVAH IN AN UNUSUAL WAY
QUESTION: The Mishnah (99b) states that when Yom Kipur occurs on Erev
Shabbos, the Se'ir (goat Chatas offering) of Musaf is eaten at night, on
Shabbos, after Yom Kipur. However, since it could not be cooked, it was
eaten raw by the Kohanim from Bavel, who were accustomed to eating raw meat.
The Gemara says that these Kohanim were not actually from Bavel, but rather
they were from Alexandria (Egypt). However, since the Chachamim in Eretz
Yisrael held the Babylonian Jews in such low esteem, they used the term
"Babylonians" as a way of referring degradingly to the Kohanim who ate raw
TOSFOS (DH she'Son'im) explains that it was permitted for the Chachamim in
Eretz Yisrael to hate the Babylonian Jews, because they did not return to
Eretz Yisrael in the times of Ezra. Tosfos explains that the Kohanim who ate
the raw meat were referred to in a derogatory way -- even though they
performed a Mitzvah by eating the meat of the Korban so that it should not
become "Nosar" by being left over -- because they became accustomed to the
gluttonous habit of eating raw meat after every Yom Kipur.
Why does Tosfos say that the Mitzvah the Kohanim performed by eating the raw
meat was that it did not become Nosar? Tosfos should say that the very act
of eating Kodshim is a Mitzvah, derived from the verse, "They shall eat the
holy food" (Shemos 29:33)!
ANSWER: The RASHASH answers that Tosfos maintains that when one performs a
Mitzvah in an unusual manner, he does not fulfill the Mitzvah. Since eating
raw meat is an unusual way of eating Kodshim, the Kohanim did not fulfill
the Mitzvah of eating Kodshim when they ate the Korban raw. Therefore,
Tosfos says that the Mitzvah that they fulfilled was preventing the Korban
from becoming Nosar.
Tosfos' opinion answers the doubt of the MISHNEH L'MELECH (Hilchos Yesodei
ha'Torah 5:8), who asks whether or not performing a Mitzvah in an unusual
manner qualifies as fulfillment of the Mitzvah. We know that a person who
eats a forbidden food in an abnormal manner ("she'Lo k'Darkah") does not
receive the punishment of Malkus (see Pesachim 24b). Does the same apply to
one who performs a Mitzvah in an unusual manner? Tosfos maintains that he
does not fulfill the Mitzvah.
However, the DIVREI YECHEZKEL (15:14, footnote) rejects the proof of the
Rashash from the words of Tosfos and says that Tosfos does not necessarily
hold that one does not fulfill a Mitzvah when he performs it in an abnormal
manner. The Mitzvah of eating Kodshim may be performed even by eating the
Kodsim in an abnormal manner, such as by eating it raw. (This is also the
opinion of the BEIS HA'LEVI, end of 3:51.) The Divrei Yechezkel infers from
the closing words of Tosfos -- that the Kohanim became accustomed to the
gluttonous habit of eating raw meat after every Yom Kipur -- that the
problem with their practice was the display of gluttony, but the Mitzvah of
eating Kodshim indeed was fulfilled, even though it was done in an abnormal
manner. Why, then, does Tosfos say that they fulfilled the Mitzvah of
preventing it from becoming Nosar, and not that they fulfilled the Mitzvah
of eating Kodshim? It must be that Tosfos is merely mentioning an additional
Mitzvah that they fulfilled, besides the Mitzvah of eating Kodshim. (D.
2) REDEEMING BIRDS THAT ARE "TAMEI"
OPINIONS: The Mishnah states that birds of Kodshim cannot be redeemed if
they become Tamei, because Pidyon, the act of redemption, is mentioned by
the Torah only with regard to animals, and not to birds.
Since birds do not become Kadosh by being placed into a Kli Shares, a
sanctified vessel, why do they not have the same Halachah as Menachos which
have not yet been placed in a Kli Shares and which can still be redeemed?
(a) The KEREN ORAH (DH she'Nitme'u) points out that the RAMBAM (Hilchos
Isurei Mizbe'ach 6:14) writes that birds that are Tamei cannot be redeemed
because the Torah says that an animal of Kodshim that is Tamei must be stood
up in front of the Kohen, who will evaluate its worth in order for it to be
redeemed. A bird, however, cannot be stood up in front of the Kohen, because
it will fly away. Therefore, it cannot be redeemed.
(b) The RADBAZ writes that the reason of "Ha'amadah v'Ha'arachah" (standing
up the animal in front of the Kohen and evaluating its worth) not being able
to be done does not apply to birds at all, but only to the other items of
Kodshim mentioned by the Rambam (such as flour and wine). The reason why
birds cannot be redeemed is because of the verse, "He shall make the
*animal* stand before the Kohen" (Vayikra 27:11). This verse is a Gezeiras
ha'Kasuv that teaches that only an animal can be redeemed, but not a bird.
This explanation is consistent with the wording of the Mishnah here, "Pidyon
is mentioned by the Torah only with regard to animals," implying that this
is a Gezeiras ha'Kasuv for which we do not know the reason.
(c) The RASHASH explains that since a bird does not attain Kedushah through
being placed in a Kli Shares, as soon as the bird becomes Hekdesh, its body
immediately becomes Kadosh with Kedushas ha'Guf and thus it cannot be
redeemed (like any item that is Kadosh with Kedushas ha'Guf). This reason is
alluded to by RASHI (101a, DH Ofos) who says that the body of a bird
acquires Kedushah because it is offered directly on the Mizbe'ach and does
not require contact with a Kli Shares to make it Kadosh. In this way, birds
are different from Menachos. Menachos become Kadosh by being placed into a
Kli Shares, and therefore they can be redeemed when they become Tamei before
entering a Kli Shares. (D. Bloom)