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Pesachim 73

PESACHIM 73 (8 Cheshvan) - has been jointly dedicated by: (1) Rav David Sheinfeld, in memory of Ha'Rav Ha'Gaon Rav Shaul David ben Moreinu Ha'Rav Alter Yozfa Ha'Kohen Z'TZ'L, Av Beis Din of Prushkov (near Warsaw) and Cong. Degel Israel of Queens NY, and (2) Mr. David Strahlberg, a former Talmid of Rabbi Kornfeld.

(a) Normally, one is Chayav on Shabbos only for performing a Melachah that is a creative act. If a person performed an act of destruction or impairment he is Patur.
(b) Although this rule applies to all other Melachos of Shabbos, there is an argument among the Tana'im as to whether it applies to the Melachos of Chaburah (making a bruise and letting blood) and Hav'arah (lighting a fire). According to one Tana, these two Melachos are exceptions to the rule, and one is Chayav even if they only accomplished a destructive act and not a constructive one. The Tana who holds "Mekalkel b'Chaburah Patur" maintains that there is no difference between these two Melachos and the other Melachos.

2) [line 14] B'DOKIN SHEBA'AYIM - the eye's web (O.F. teile), a thin film (cataract?) that develops due to an eye-disease which is considered to be a blemish that disqualifies an animal from being brought as a Korban, as the Torah states in Vayikra 21:20.

3) [line 22] ASHAM SHENITAK L'RE'IYAH (The Asham animal that is put to pasture)
(a) An Asham that is in one of the 5 categories for which a Chatas is put to death is put out to pasture until it develops a Mum, after which it is redeemed. Its value is used to purchase an Olas Nedavah for the Tzibur.
(b) The five Chata'os that are put to death by being locked up without food until they die are:

1. The offspring of a Chatas
2. The Temurah (see Background to Temurah 2:1) of a Chatas
3. A Chatas whose owner has died
4. A Chatas of a sheep or goat that became a year old (and is therefore invalid as a Korban Chatas), whose owner brought a different Chatas to atone for his sins
5. A Chatas that was lost and was later found with a Mum, whose owner brought a different Chatas to atone for his sins (Temurah 21b)
4) [line 23] AKIRAH
Akirah is the process by which the owner of a Korban "uproots" the original "name" or designation of the Korban. That is, he must *declare* that this animal has ceased to be the type of Korban for which it was originally dedicated. (For further details, see Background to Pesachim 72:1)

5) [line 26] YIR'EH AD SHE'YISTA'EV - it should graze until it receives a Mum (blemish)

6) [line 27] NEDAVAH
There is a Machlokes what to do with the money used for redeeming Kodshim that were not fit to be offered and with money left over from buying Korbanos.

The Chachamim are of the opinion that the money is put into the Shofaros (donation boxes) that were kept in the Mikdash, and used to buy Korbanos to be sacrificed when the Mizbe'ach was not otherwise in use. Rashi (Sukkah 56 DH Kayitz) explains that these offerings were called "Kayitz," because they were like a "dessert" (Kayitz = cut figs, a common dessert food) to the Mizbe'ach. These Korbanos were considered a Korban Tzibur (offering brought by the entire people) and not a Korban Yachid (personal Korban)

Rebbi Elazar is of the opinion that the owner himself brings with the money an Olas Nedavah (personal Korban)

7) [last line] SHE'MASHCHU BE'ALIM ES YADAM - the owners who were designated to eat this Korban Pesach withdrew from the it (in order to take part in a different Korban Pesach)


8) [line 4] A'MATU L'HACHI - because of this
9) [line 7] IBUR TZURAH BA'I - (a) we wait for the night to pass so that it will become "Nosar" and Pasul for the Mizbe'ach (RASHI); (b) it is left for a few days until its appearance become disfigured (by beginning to decay) (RABEINU CHANANEL here and on Daf 34b, RAMBAM in Peirush ha'Mishnayos 7:9)

10) [line 13] NIZREKAH MI'PI CHABURAH - it came out of our group learning; it is not clear who said it

Literally, "animals do not become irrevocably rejected," i.e. if at one point in time an animal becomes unfit to be sacrificed, it does not remain unfit forever. There is a Machlokes in this matter.

13) [line 26] TO'EH B'DEVAR MITZVAH
(a) A person must bring a Korban Chatas if he transgresses a prohibition b'Shogeg (unintentionally) for which the Kares punishment applies for intentional transgression.
(b) If a person does an Aveirah that makes him liable to bring a Korban Chatas, but he thought that he was actually performing a Mitzvah of the Torah through his action, the Tana'im argue if he is liable to bring a Korban Chatas or not.
(c) Even if ha'To'eh b'Devar Mitzvah is Patur, there are various opinions among the Tana'im and Amora'im with regard to exactly when this Petur applies and when it does not:

1. A person is Patur only if he actually performs a Mitzvah b'Di'eved or even if he does not perform a Mitzvah (Pesachim 72a, the argument of Tana Kama and Rebbi Meir).
2. The Petur of Ta'ah b'Devar Mitzvah only applies when the person in a rush because his time is limited ("Zemano Bahul"). If he has the option of doing the Mitzvah on the next day, he is liable to bring a Korban Chatas. (This follows the reasoning of the Gemara Pesacim 72b, as opposed to the opinion of Rebbi Yochanan.)
3. He is still required to do the Mitzvah on this day. If he has already performed the Mitzvah today but is unaware of this fact, and thinks that he is doing a Mitzvah now, he must bring a Chatas (Daf 72a, according to the Tana Kama who argues with Rebbi Meir, brought in the Gemara).
4. It must be permitted to override *this* Shabbos because of *this* Mitzvah. His action, however, does not fulfill the Mitzvah. If it is prohibited to override this Shabbos because of this Mitzvah, he must bring a Chatas for his action (Rebbi Meir, Pesacim 72b).
5. Rebbi Yehoshua only exempts *ha'To'eh* (one who makes a mistake) b'Devar Mitzvah, and not someone who did the action b'Shogeg (where he is close to having done the action b'Mezid, intentionally) -- RASHI Pesachim 73b DH Im Yesh Shehus. (The details of this Halachah are numerous, as explained further on Pesachim 72b.)
14) [line 36] PIGUL
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. Such a Korban is forbidden to be eaten as it states in Vayikra (7:18) "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - ("If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor.")
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas. (Sefer ha'Chinuch Mitzvah 144)

15) [line 36] NOSAR
(a) If any meat of an animal of Kodshim remains after the time that was allotted for it to be eaten, it must be burned, as it states in Vayikra (19:6) "b'Yom Zivchachem Ye'achel umi'Macharas, *veha'Nosar* Ad Yom ha'Shelishi ba'Esh Yisaref." - ("It shall be eaten the same day that you slaughter it and on the next day, and anything that *remains* until the third day shall be burned in fire.")
(b) If someone eats Nosar intentionally he is Chayav Kares. If he eats it unintentionally, he must bring a Korban Chatas. (Sefer ha'Chinuch Mitzvah 215)

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