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Pesachim 71

1) THE "KORBAN SIMCHAH" OF YOM TOV

OPINIONS: On each Yom Tov, every person is obligated to bring three types of Korbanos -- the Olas Re'iyah, the Shalmei Chagigah, and the Shalmei Simchah. The former two are brought once during the Yom Tov, while the Shalmei Simchah is eaten every day of the Yom Tov to fulfill the Mitzvah of Simchas Yom Tov, experiencing the joy of eating meat from Korbanos throughout the Yom Tov.

Does the obligation of offering Shalmei Simchah require that one *sacrifice* a Korban Simchah, or does it require that one *eat* from the meat of a Shalmei Simchah? If the only obligation is to eat from the Korban but not necessarily to sacrifice it, one could fulfill his obligation by eating the meat of someone else's Korban Simchah; if not, he must bring his own.

(a) The Gemara says that the Chiyuv of Shalmei Simchah applies even to the last night of Sukkos, the night of Shemini Atzeres (and not the following day, accoring to Rashi). The DEVAR SHMUEL cites those who prove from here that it must be a Chiyuv to *eat* the Korban and not to sacrifice it, because one cannot *bring* a Korban at night.

TOSFOS (96b, end of DH Ta'un) indeed says that a person fulfills his obligation of Simchah by eating his friend's Korban, as the ARUCH LA'NER points out (Sukah 48a).

(b) RASHI (70a, DH Yotzei) is bothered by the question of how a person can fulfill his obligation of Shalmei Simchah with an animal that is not Chulin. The rule is that any obligatory Korban -- such as the Shalmei Simchah -- must come from Chulin and not from an animal which is already Kadosh to be brought as a Korban (such as Ma'aser Behemah). Rashi answers by citing a verse from which it is learned that the Shalmei Simchah is an exception, and it may be brought from Chulin.

If the Chiyuv is to *eat* the Shalmei Simchah, then there is no obligation per se to bring the Korban, and if so, it should not have to come from Chulin! Something which must be eaten does not have to come from Chulin -- only something which must be *sacrificed* does. From Rashi it therefore seems that there is a Chiyuv to *sacrifice* a Korban for Shalmei Simchah, and one may not satisfy his obligation by eating from another's Korban. (M. Kornfeld)

What about our Gemara which says that there is a Chiyuv of Simchah even at night? How can there be a Chiyuv of Simchah at night, if the Chiyuv of Simchah is to bring a Korban, and it is not possible to bring a Korban at night? It must be that Rashi understood that the Shalmei Simchah is similar to the Korban Pesach in that the entire purpose of the Chiyuv to sacrifice the Korban is in order to eat it. However, there is both an obligation to sacrifice the Shalmei Simchah and to eat it. (Rav Shach, shlit'a, in AVI EZRI, Hilchos Chagigah 2:3, proposes a similar reasoning; see also DEVAR SHMUEL on Pesachim 109a.)

71b

QUESTION: The Mishnah states that if a person takes an animal on Shabbos Erev Pesach that was sanctified as a Korban other than the Korban Pesach, and which was not even fit to be a Korban Pesach, and he slaughters it l'Shem Korban Pesach, he is Chayav to bring a Chatas, since he transgressed a Melachah (Shechitah) of Shabbos inadvertently.

RASHI explains that the animal was a female sheep or it was two years old (neither of which are valid as a Korban Pesach), that was sanctified as a Korban Shelamim, and he slaughtered it to be a Korban Pesach, inadvertently. In what way was he acting b'Shogeg? Rashi says that either he forgot it was Shabbos, or he thought that it was permitted to slaughter a Shelamim l'Shem Korban Pesach on Shabbos.

It is clear from the Mishnah that even Rebbi Yehoshua, who holds that one who mistakenly commits a sin thinking that he is fulfilling a Mitzvah and he indeed fulfills a Mitzvah with his act ("To'eh b'Devar Mitzvah v'Asah Mitzvah"), agrees that in this case one is Chayav, because in this case the person was not "To'eh b'Devar Mitzvah," since he did not have in mind to bring a Korban Pesach (it is obvious that he was not trying to bring a Pesach, because everyone knows that the type of animal that he slaughtered cannot be used as a Korban Pesach).

However, why is the person not "To'eh b'Devar Mitzvah" in another sense? Granted, he did not intend to fulfill the Mitzvah of bringing the Korban Pesach with his act. But on the other hand, he slaughtered the animal intending to at least bring a Korban Shelamim, and he is indeed Yotzei the Mitzvah of bringing a Shelamim because a Shelamim that is slaughtered she'Lo Lishmah is a valid Shelamim! If so, why is he not considered "To'eh b'Devar Mitzvah v'Asah Mitzvah" with regard to the Shelamim? According to Rebbi Yehoshua, he should be Patur from a Chatas!

ANSWER: The Gemara (72b) explains that Rebbi Yehoshua only exempts one who is "To'eh b'Devar Mitzvah" from bringing a Korban Chatas when that Mitzvah was able to be done *only on that day* (such as the Korban Pesach), and thus the person was hurried to do it and as a result became confused and made a mistake. A Shelamim, though, can be brought any time, and therefore the Petur of "To'eh b'Devar Mitzvah" does not apply to one who is attempting to offer a Shelamim.

This is what Rashi means in the next case of the Mishnah (DH v'Im Re'uyin) when he says that "since he is *hurrying to slaughter* his Korban Pesach, therefore he is Patur." (M. Kornfeld)

QUESTION: The first part of the Mishnah gives three cases of inappropriate Shechitah on Shabbos: (1) Pesach she'Lo Lishmah (that is, slaughtering an animal -- sanctified as a Korban Pesach -- with intention to bring it as a different type of Korban), in which case one is Chayav Chatas because the Korban that he slaughtered is Pasul and thus he did not do a Mitzvah with its Shechitah; (2) Zevach Acher (she'Eino Ra'uy l'Pesach) l'Shem Pesach (that is, slaughtering an animal -- which is not fit to be a Korban Pesach and which was sanctified as a different type of Korban, such as a Shelamim - - with intention to bring it as a Korban Pesach), in which case one is Chayav because he was not "To'eh b'Devar Mitzvah" (see previous Insight); (3) Zevach Acher (she'Ra'uy l'Pesach) l'Shem Pesach (that is, slaughtering an animal -- which *is* fit to be a Korban Pesach but which was sanctified as a different type of Korban, such as a Shelamim -- with intention to bring it as a Korban Pesach), in which case Rebbi Yehoshua exempts him from a Chatas because he was "To'eh b'Devar Mitzvah," thinking that the animal that he was slaughtering was actually a Korban Pesach.

In each of these cases, RASHI gives a different explanation as to what the person's mistake was:

In the first case, Rashi says that the person mistakenly thinks that it is permitted to slaughter a Korban Pesach on Shabbos with intention to bring it as any type of Korban.

In the second case, Rashi says that the mistake was either that the person thought it is permitted to slaughter any Korban l'Shem Pesach, similar to the person's mistake in the previous case, or that the person thought that it was not Shabbos.

In the third case, in which the person slaughtered a Korban that was fit to be a Pesach, Rashi says that the person thought that it actually was a Korban Pesach. He did not err in the Halachah, but in the reality of the situation.

Why does Rashi give three different explanations for the three different cases? In the first he says the mistake was in the *Halachah*, as the person thought it was permitted to slaughter a Korban Pesach l'Shem any Korban. In the second case, he says the mistake was in the Halachah, *or* in the day of the week. In the third case, he says that the person erred in thinking that the *animal* was a Korban Pesach when it was not! (MAHARSHA, TOSFOS REBBI AKIVA EIGER on the Mishnayos)

ANSWER: (1) Regarding the first case, when one slaughtered a Korban Pesach she'Lo Lishmah (that is, with intention to bring it as another type of Korban), the MAHARSHA points out that the Gemara itself (72a) tells us, like Rashi, that the person did not think it was a different type of Korban, but he knew that it was a Pesach. If he would have thought that it was a Shelamim (and slaughtered it l'Shem Shelamim), it would have been a valid Korban Pesach and he would not be Chayav, because "a mistaken Akirah is not an Akirah." That is why Rashi, in the first case, did not say that the mistake was that the person thought the animal was a Shelamim (because then he would be Patur).

However, the Maharsha does not answer why Rashi did not say that the person forgot it was Shabbos. It could be that the reason Rashi did not offer this possibility in the first case is because if the person is slaughtering the animal l'Shem Shelamim and he knows that it is a Pesach, it is obvious that the Korban is completely Pasul (since a Pesach she'Lo Lishmah is Pasul). There is no reason why a person would want to deliberately ruin the Korban Pesach, gaining nothing. Obviously, then, the person thinks that the Korban is valid if it is slaughtered l'Shem Shelamim. Therefore, the mistake is in the Halachah, for he thinks that the Korban is valid if he slaughters it l'Shem Shelamim. Since it must be that he is making a mistake in the Halachah of Lishmah, it is logical to say that the reason why he is slaughtering it on Shabbos is also for that reason -- for he thinks that it is permitted to slaughter a Korban Pesach she'Lo Lishmah on Shabbos, since he thinks that she'Lo Lishmah does not invalidate the Pesach.

(2) Regarding the second case, it is obvious why Rashi mentioned the two errors -- either the person forgot that it was Shabbos, or he erred in the Halachah, thinking it was permitted to slaughter a Shelamim l'Shem Pesach. Rashi did not say that the person thought that the animal *was* a Korban Pesach, because the Mishnah is making a point that this is not a case of "To'eh b'Devar Mitzvah," for *nobody* makes such a mistake to think that this type of animal could be a Korban Pesach. If he knows that such an animal cannot be a Korban Pesach, then why is he slaughtering a two year-old animal l'Shem Pesach? It must be that he is making one of the two mistakes that Rashi mentions -- either he forgot that it is Shabbos, or he thinks that slaughtering a Shelamim l'Shem Pesach on Shabbos is permitted. (See, however, Tosfos 73a DH l'Divrei, who apparently took a different approach to this part of the Mishnah.)

(3) Regarding the third case, when one slaughtered an animal that was a Shelamim, but that was fit to be a Korban Pesach, l'Shem Korban Pesach, the Gemara (72a, see RASHI DH Ma'ali) says that the only time one is considered to be "To'eh b'Devar Mitzvah" is when his mistake did not involve an "Akirah," i.e. he was not trying to bring a *Shelamim* that is she'Lo Lishmah, but rather he thought the animal was actually a Pesach. The reason for this assertion is presumably because of what we mentioned earlier (Insight #2), that the mistake must be made under pressure of time in order to be considered Ta'ah b'Devar Mitzvah. If he realized the Korban was a Shelamim, then he did not have to bring the Korban today, and so he was not rushed to do this Mitzvah (bring the Korban). The person's mistake in this case, therefore, must be that he thinks the animal is a Korban Pesach. If so, that is also why he thought that its Shechitah could be performed on Shabbos. That is why Rashi explained, in this case, that his mistake was that he thought the animal was a Korban Pesach