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Menachos, 100

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 meat.

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. Bloom)

100b

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)