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by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Yoma 65

YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife and daughters. Well known in the community for his Chesed and Tzedakah, he will long be remembered.


(a) An implication of the Mishnah (which teaches that a Chatas HaTzibur is not put to death) is that a parallel Chatas Yachid would, according to Chachamim, be put to death.
1. An instance of this can be found according to R. Yochanan (who says that the Sheini which is pastured is of the first pair) in accordance with the Din of A. Aba citing Rav, that such a Chatas Yachid would die.
2. Question: According to Rav (that the first Seir is used and the second is pastured), the animal should not be worse than a "backup" animal and should pasture even by a Korban Yachid!?
3. Answer: Given that Rav holds like R. Yosi that the Mitzvah is with the first, the second Seir is like an animal which was Nikdash but which could *never* be used, and, in the opinion of Rebbi, would be destroyed if it was a Chatas Yachid.
(b) The Mishnah teaches that, according to R. Yehudah, the animal (which would pasture according to Chachamim) is put to death.
1. R. Yochanan would make sense of R. Yehudah's statement since the second pair remains for the Kaparah (and the remaining animal of the first pair is pastured by the Korban Tzibur and put to death according to R. Yehudah).
2. Question: According to Rav, however, which animal will serve as the Kaparah?
i. The second of the first set will be Nidcheh (Ba'al Chai).
ii. The second of the second will be put to death!?
3. Answer: R. Yehudah was not addressing the same animal which the Chachamim asserted would pasture (second of the second pair); he was speaking of the second of the *first* pair.
i. R. Yehudah disagrees and holds that a Chatas Tzibur *is* put to death.
ii. R. Yehudah also disagrees and holds that second of the first pair dies.
(c) We earlier (64b para. 3.b) asked on Rav from VeOd Amar R. Yehudah and we now have an alternate rendering of that question, now posed as a question on R. Yochanan.
1. Question: What, according to R. Yochanan, does VeOd Amar R. Yehudah come to add that we don't already know from his statement, Tamus?
2. Answer: Good question.
(a) R. Yehudah taught that if the Dam LaShem is spilled the Mishtaleach must die, and if the Mishtaleach dies the Dam LaShem must be spilled.
(b) Question: Why, if the Mishtaleach dies, must the Dam be spilt, given that the minimum Mitzvah of the Mishtaleach (the Goralos) was already accomplished (and Shiluach is not Me'akev)?
(c) Answer: Based on Yo'amad Chai R. Yanai learns that the Seir HaMishtaleach must be alive for the Matanos LaShem of its partner.
(a) Question: Why may the Seir not be used for the following year, rather than pastured or let to die?
1. Regarding lost-replaced-and-found Shekalim we learned that the Tana Kama holds that they are Hekdesh but they do not count for the next year, whereas R. Yehudah holds that they *do* count for the following year.
2. Question: What is R. Yehudah's rationale?
3. Answer (Rava): R. Yehudah holds that over-payments in one year may be carried over to the next.
4. Question: Then our Seir should also be able to be used the following year!?

(b) Answer (Rava): We cannot apply Shekalim to Korbanos since the Korbanos of each year must come from the Terumah of that year, and hence there is no way to re-use the Seir.
1. Question: But the *Par* (which comes from the Kohen Gadol's personal funds) should be able to be brought the following year!?
2. Answer: It is a Gezeirah lest we confuse the Par and the Seir.
3. Question: Will a Gezeirah cause the Par to die (it should rather pasture and be redeemed as a Ba'al Mum)!?
4. Additional Question: We have learned that, B'di'Eved, we *are* Yotzei with the Korban taken from the Terumah of the previous year!?
(c) Answer (R. Zeira): Rather, they may not be re-used because the Goral of one year cannot apply to the next.
1. Question: Then bring another animal and do a new Goral!
2. Answer: We do not permit this lest people not know that a new Goral was performed and they may assume that it is possible to rely on last year's Goral.
3. Question: What about the Par (no Goral)!?
4. Answer: Gezeirah lest we bring the Seir without a Goral, as well.
5. Question: Will a Gezeirah cause the Par to die!?
(d) Answer: Rather, they may not be re-used as a Gezeirah lest the Seir pass its first year by the following Yom Kipur.
1. Question: That is not a Gezeirah, it is a certainty!?
2. Answer: It is possible, according to Rebbi who (learning from selling a home in an Ir Chomah) says that we count a Shanah Temimah which is a solar year, and a late Yom Kipur, followed by an early one, could result in the animal not yet passing its first year.
3. Question: What about the Par (see Tosfos)?
4. Answer: Gezeirah...
5. Question: Will a Gezeirah...?
6. Additional Question: A Chatas whose year has passed is pastured, not put to death, as taught by Resh Lakish!
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