POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Zevachim 44
ZEVACHIM 44 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love
for the Torah and for those who study it.
1) EATING "MA'ASER" AND "TERUMAH" WHILE "TAMEI" (cont.)
(a) Defense of Answer #2 (Ze'iri): The Beraisa discusses what
we would have thought had the Torah taught both laws (for
eating Ma'aser and for Terumah) only in the lenient case
(of Tamei Sheretz) or only in the severe law (of Tamei
2) "PIGUL" APPLIES TO ITEMS THAT HAVE "MATIRIM"
1. If it only taught lenient Tum'as ha'Guf (Sheretz),
i.e. that a Lav forbids a lenient Tamei to eat
lenient 'Kodesh' (i.e. Ma'aser) but eating more
severe Kodesh (Terumah) is Chayav Misah, one might
have thought that similarly, if a severe Tum'as
ha'Guf (Tamei Mes) eats lenient Kodesh (Ma'aser) he
is Chayav Misah!
2. Therefore, the Torah had to teach about severe
Tum'as ha'Guf also (a Tamei Mes who eats Ma'aser
only transgresses a Lav).
(a) (Mishnah): Pigul applies to anything that has Matirim
that permit it to people or to the Mizbe'ach...
(b) (Beraisa) Question: Perhaps Kares for eating Kodshim
b'Tum'as ha'Guf only applies to Kodshim like Shelamim,
that may be eaten for two days and the night in between -
what is the source to include Kodshim that must be eaten
the same day?
1. Answer: "Mi'Basar" - this includes any Korban whose
remnants (i.e. after part goes on the Mizbe'ach) are
(c) (Mishnah): It applies to an Olah, for the blood permits
the limbs to the Mizbe'ach and the skin to Kohanim;
2. Question: What is the source to include Olah, it is
totally burned on the Mizbe'ach?
3. Answer: "Zevach".
4. Question: What is the source to include birds,
Menachos, even the Log of oil of a Metzora?
5. Answer: "Asher Hem Makdishim Li".
6. A Gezerah Shavah "Chilul-Chilul" teaches that Nosar
applies to all of these, a Gezerah Shavah
"Avon-Avon" (from Nosar) teaches that Pigul applies
to all of these.
7. Question: Since we learn that they apply to all
Kodshim, why did the Torah specify Shelamim?
8. Answer: This teaches that Pigul only applies to
something that has Matirim that permit it to people
or to the Mizbe'ach.
1. The blood of Olas ha'Of permits the meat to the
(d) (Continuation of Beraisa): Pigul does not apply to the
Kometz, frankincense, Ketores, a (voluntary) Minchah of a
Kohen, Minchas Chavitin, Minchas Nesachim, and blood;
2. The blood of Chatas ha'Of permits the meat to
3. The blood of Parim or Se'irim ha'Nisrafim permits
the Eimurim to the Mizbe'ach.
1. R. Shimon says, Pigul only applies to things offered
on the outer Mizbe'ach like Shelamim.
(e) Question: The Beraisa said, 'Kodshim like Shelamim' -
what are these?
2. Since (the blood of) Parim or Se'irim ha'Nisrafim is
not put on the outer Mizbe'ach (only the Shirayim),
one is not liable for them for Pigul.
(f) Answer: It refers to Bechor, which is also eaten for two
(g) Question: How do we learn from Bechor from Shelamim?
1. We cannot learn from 'Mah Matzinu' (just as we find
regarding Shelamim, the same applies to Bechor) -
perhaps Shelamim is different, for it requires
Semichah, Nesachim, and Tenufah of the Chazah
(h) Answer: Rather, we learn from "V'Im He'achol Ye'achel" -
these are two adjacent Klalim, the Prat is written after
1. (Rava): Whenever there are two adjacent Klalim, we
expound through the method of Klalim and Pratim
(i.e. Klal, Prat and Klal) as if the Prat was
written between them.
(i) (Beraisa): We even include the Log of oil of a Metzora.
(j) Question: Who is the Tana of the Beraisa?
(k) Answer #1: It is R. Meir.
1. (Beraisa - R. Meir): Pigul applies to the Log of oil
of a Metzora.
(l) Objection (end of the Beraisa): It does not apply
to...Minchas Nesachim and blood.
1. This is like Chachamim!
(m) Answer #2 (Rav Yosef): The Beraisa is like Rebbi, who
says that the Haza'os of oil (some say that the Haza'os
are on the Paroches, others say that they are towards the
Heichal) permit the remainder, therefore, intent Chutz
li'Zmano during the Haza'os is Mefagel the (remaining)
2. (Beraisa - R. Meir): Pigul applies to Nesachim that
accompany a Behemah, because the blood permits them
to be offered;
3. Chachamim: The Nesachim can be brought 10 days after
the animal (you cannot say that the blood permits
4. R. Meir: I discuss only when the Nesachim are
brought on the same day.
1. (Beraisa): The Haza'os of the oil of a Metzora
permit the remainder (after putting on the Behonos).
(n) Objection (R. Yirmeyah): If the oil comes by itself (not
the same day the Asham is brought), all agree that the
Haza'os permit it, yet they cannot make it Pigul!
2. Since the Haza'os permit it, it is possible to
Mefagel during the Haza'os.
i. (Beraisa): Me'ilah applies to the oil of a
Metzora until Zerikah of the blood of the
Asham; after Zerikah, it is forbidden to
benefit from it (mid'Rabanan), but Me'ilah does
ii. Rebbi says, Me'ilah applies until the Haza'os.
iii. All agree that it is forbidden to eat until the
Haza'os and Matanos on the Behonos.
3) OTHER ITEMS TO WHICH "PIGUL" APPLIES
1. (Beraisa - R. Meir): Pigul applies to the oil of a
Metzora because the blood of the Asham permits the
Matanos on the Behonos;
(o) Defense #1 of Answer #1 (R. Yirmeyah): Really, it is like
R. Meir; we must delete 'Nesachim' from the text of the
2. Chachamim: But he can bring the oil many days after
3. R. Meir: I only say that Pigul applies when it is
brought the same day.
(p) Defense #2 of Answer #1 (Abaye): We need not alter the
text - the Tana teaches about oil brought the same day as
the Asham (that Pigul applies to it), and likewise
regarding Nesachim brought the same day as the Korban;
1. Later, he discusses Nesachim brought by themselves,
Pigul does not apply to it - the same applies to oil
brought by itself.
(a) (Mishnah): The blood of Chatas ha'Of permits the meat to
(b) Question: What is the source of this?
(c) Answer (Levi - Beraisa): "*Kol* Korbanam" - this includes
the Log of oil of a Metzora (the source for Chatas ha'Of
is later in this Beraisa);
1. We would not have included it from 'Korbanam',
because it is not (left over) "Min ha'Esh".
(d) (Beraisa - R. Elazar): Pigul (i.e. intent Chutz li'Zmano)
in an outer Avodah (i.e. outside the Heichal, but in the
Azarah) takes effect, Pigul in an inner Avodah does not
2. (Continuation of Beraisa): "*L'Chol* Minchasam" -
this includes the Omer and the Minchah of a Sotah;
i. Since it says "V'Achlu Osam Asher Kupar Bahem",
we would have taught that Kohanim only eat
Korbanos that come to atone, not the Omer
(which comes to permit the new grain) or
Minchas Sotah (which comes to test whether or
not she is innocent).
3. "*Ul'Chol* Chatasam" - this comes to include Chatas
i. One might have thought that Kohanim may not eat
it, for it is Neveilah (Melikah is not
4. "*Ul'Chol* Ashamam" - this comes to include Ashamos
of a (Tamei) Nazir and a Metzora;
i. We would have taught that Kohanim do not eat
these, for they do not atone, rather, they
enable the Nazir to begin Nezirus Taharah and
permit the Metzora to eat Kodshim.
5. Objection: A Hekesh equates Asham Metzora with
Chatas, we already know that Kohanim may eat it!
6. Correction: Rather, it includes Asham Nazir *like*
7. "Asher Yashivu" - this includes Gezel ha'Ger (if
Ploni stole from a convert and swore to deny it, and
he wants to do Teshuvah after the convert died
without heirs, he brings an Asham and gives the
money and an added fifth to the Kohen);
i. "Lecha Hu" - this teaches that the money
belongs to the Kohen, he may use it as he
wants, he may even Mekadesh a woman with it.
1. If one slaughtered (an inner Chatas) outside (in the
Azarah) with intent (Chutz li'Zmano) to do Zerikah
(an inner Avodah), it is not Pigul;
(e) (R. Yehoshua ben Levi): He learns from "Ka'Asher Yuram
2. If one did Haza'ah in the Heichal with intent (Chutz
li'Zmano) Lehaktir Eimurim or Lizrok Shirayim (on
the outer Mizbe'ach) it is not Pigul;
3. If he slaughtered outside with intent Lehaktir
Eimurim or Lizrok Shirayim, it is Pigul; for the
action and intention were both outside.
1. Question: (The Eimurim of Par Mashu'ach are explicit
in the Torah,) we do not need to learn them from
(f) (Rav Nachman): The Halachah follows R. Elazar.
2. Answer: Rather, this equates Par Mashu'ach to
Shelamim - just as Shelamim becomes Pigul only
through actions and intentions concerning the outer
Mizbe'ach, also Par Mashu'ach.
(g) Objection (Rava (Tosfos' text - Rav Yosef)): This has no
practical application until Mashi'ach will come and the
Mikdash will be rebuilt!
1. Counter-question (Abaye): If so, we should not learn
Zevachim at all, the laws will not apply until
(h) Answer (Abaye): The same applies to Rav Nachman's
2. Answer (Abaye): It is a Mitzvah to learn Zevachim,
like every other part of Torah (whether or not it
applies today), we receive reward for doing so;
(i) Clarification (Rava): I agree that we should learn and
understand the opinions in the Mishnayos, but why should
we decide the Halachah (R. Chayim in Tosfos - Pigul will
not apply when Mashi'ach comes, everyone will be a
Tzadik; Ramah (Sanhedrin 51B - Eliyahu and his Beis Din
will decide the Halachos that will apply then!)