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Pesachim 77

1) WHY THE KOHEN GADOL DOES NOT WEAR THE TZITZ ON YOM KIPPUR

QUESTION: Rebbi Shimon asserts that the Tzitz is Meratzeh for Tum'ah that occurs in the Mikdash even when the Kohen Gadol is not wearing it. He proves this from the fact that the Korbanos of Yom Kippur may be brought b'Tum'ah, even though the Kohen does not wear the Tzitz during the Avodah of Yom Kippur. If the Tzitz is not Meratzeh when it is not being worn, then how could Korbanos be brought b'Tum'ah on Yom Kippur? It must be that the Tzitz is Meratzeh even when it is not being worn.

RASHI explains that when Rebbi Shimon mentions that the Tzitz is not worn during the Avodah of Yom Kippur, he is referring to the Avodas Penim, the Avodah which is done inside the Kodesh ha'Kodoshim. While he performs that Avodah, he does not wear the usual eight garments that a Kohen Gadol normally wears (which include the Tzitz), but only four garments. Rashi adds that the Gemara in Rosh Hashanah (26a) explains that the four other High- priestly garments are not worn on Yom Kippur because they contain gold, and when the Kohen Gadol goes into the Kodesh ha'Kodoshim on Yom Kippur, we do not want the gold in the garments to act as prosecutor against us for the sin of the golden calf -- "Ein Kateigor Na'aseh Saneigor" ("the prosecutor cannot become the defense").

REBBI AKIVA EIGER (in Gilyon ha'Shas) points out that this is a very odd way for Rashi to explain this Gemara. All Rashi had to tell us was that the Tzitz is not worn on Yom Kippur as we see in the verse in the Torah (Vayikra 16:4) which states that *four* linen garments are worn by the Kohen Gadol on Yom Kippur. The Gemara in Rosh Hashanah is giving an Agadic reason why only the four linen garments are worn, but that is not necessary for us to know in order to understand the Gemara here; the reason *why* the Tzitz may not be worn during the Avodas Penim is completely irrelevant to our Sugya!

ANSWER: Perhaps we can gain insight into Rashi by a point made by the MIKDASH DAVID (Kodshim 36:1). The Mikdash David points out that the Gemara in Zevachim (19b) tells us that the Kohanim, including the Kohen Gadol, wore the Tefilin Shel Rosh on their heads along with the Bigdei Kehunah. The Tefilin was not considered a Chatzitzah, an invalid separation between the Kohen's body and their priestly garments, because it was not worn on a part of the body where the priestly garments were worn. It was also not considered Yitur Begadim, wearing extra, unauthorized items of clothing, which is forbidden. Why was it not considered an extra item of clothing? TOSFOS there (19a, DH Tefilin) suggests that it is because the Gemara holds that it is not considered Yitur Begadim when a garment is worn in the place of Begadim. Alternatively, the Tefilin is not considered a Beged, a garment, apparently because it is not made of cloth and it is not worn to protect the body. Rather, it is like a decorative adornment.

The Mikdash David asks that according to this, what is Rebbi Shimon's proof that the Tzitz is Meratzeh even when it is not worn? Perhaps it is *not* Meratzeh when it is not worn, but Korbanos may still be brought b'Tum'ah on Yom Kippur since the since the Tzitz may be worn during the Avodas Penim! If the Kohen Gadol decides to, there is nothing stopping him from putting on the Tzitz for the Avodas Penim, because it should be identical to Tefilin, which are not considered to be Yitur Begadim! Since the Kohen will be wearing it, it will be Meratzeh!

The Mikdash David answers that the Gemara in Rosh Hashanah teaches that the Kohen Gadol is *not allowed* to wear the golden vestments when he goes into the Kodesh Kedoshim, because of "Ein K'teigor Na'aseh S'neigor." This is the reason why the Kohen Kadol may not wear the Tzitz, even though there is no problem of Yitur Begadim.

Accordingly, perhaps this is what Rashi is teaching us. Rashi is bothered by the question, how does Rebbi Shimon know that the Kohen Gadol may not wear the Tzitz? Granted, he is not obligated to, as the verse says, but perhaps he is allowed to wear it if he wants and then it will be Meratzeh! Therefore, Rashi says that not only is the Kohen Gadol not obligated to don the Tzitz, but he is not allowed to, because of the reason given in the Gemara in Rosh Hashanah! If so, Rebbi Shimon's assertion that the Tzitz must be Meratzeh even when it is not being worn is correct. (M. Kornfeld)

Why did Rebbi Akiva Eiger not suggest this answer? Perhaps he found support for his question in the TORAS KOHANIM (Vayikra 16:4). The verse which lists the four linen garments that the Kohen Gadol wears on Yom Kippur, says the word "linen" ("Bod") next to each of the four garments. The Toras Kohanim derives from these four mentions of the word "linen" that the verse is coming to exclude four other garments and to say that they are not worn. If so, Rashi does not have to bring the reason of "Ein Kateigor Na'aseh Saneigor" to explain why the Kohen may not wear the Tzitz, but the Derashah in the Toras Kohanim.

However, that is not really a question on Rashi, because the Toras Kohanim might simply be saying that we might have thought that the other four garments *must* be worn as well (as it says with regard to those garments, "Lifnei Hashem Tamid" -- one must wear them before Hashem *always*, Toras Kohanim ibid.), and therefore the Torah teaches that they do not *have* to be worn. The only reason why the Tzitz may *not* be worn, though, is because of "Ein Kateigor Na'aseh Saneigor" as Rashi says.

Alternatively, perhaps Rebbi Akiva Eiger understood that when there is no obligation to wear a Tzitz, then the Tzitz does not serve to be Meratzeh. Therefore, even if the Kohen Gadol wears it on Yom Kippur, it will not be Meratzeh since he has no Chiyuv to wear it.

However, this also might not be correct. Rebbi Yehudah, who argues with Rebbi Shimon, and holds that the Tzitz is Meratzeh only while the Kohen Gadol is wearing it, certainly maintains that it is Meratzeh even if the Kohen Gadol is not performing Avodah at the time. If the Kohen Gadol is not performing Avodah, he is certainly not *obligated* to wear the Tzitz, and, according to some, he is not even fulfilling a Mitzvah by wearing it, yet it is still Meratzeh. We see, then, that even when it is worn without a Chiyuv to wear it, it is still Meratzeh.

2) THE NEED FOR "RITZUY TZITZ" AND FOR THE PRINCIPLE "TUM'AH DECHUYAH B'TZIBUR"
QUESTION: The Gemara tells us that the principle of Tum'ah Dechuyah b'Tzibur, which permits the Tzibur to bring Korbanos b'Tum'ah, will not work unless there is also Ritzuy Tzitz (the conciliatory effects of the Tzitz) working at the same time. The Tzitz conciliates for the Tum'ah of the Kodshim, and then "Tum'ah Dechuyah b'Tzibur" allows the Avodah to be done.

If there already exists a Ritzuy through the Tzitz, why is there a need for the principle of Tum'ah Dechuyah b'Tzibur to permit the Tzibur to do Avodah while Tamei? Even for a Yachid it should be permitted because of Ritzuy Tzitz!

ANSWERS:

(a) It could be simply that for a Yachid, the Tzitz is only Meratzeh b'Di'eved -- that is, if the Avodah was already done b'Tum'ah. (see Mishnah 80b). For the Tzibur, the Avodah may be done l'Chatchilah while they are Tamei, because of Tum'ah Dechuyah b'Tzibur.

The BRISKER RAV ("stencil" version, end of Maseches Nazir, p. 180) writes that this question, of whether the Ritzuy of the Tzitz is l'Chatchilah or only b'Di'eved, appears to be the subject of a disagreement among the various Rishonim. From the Rambam (Ma'aseh ha'Korbanos 8) it would appear, as we said above, that it only helps b'Di'eved. However, from TOSFOS 80b DH Nizrak it is evident that the Tzitz permits Avodah b'Tum'ah even l'Chatchilah.

(b) TOSFOS (78a, DH Ha) answers that the reason we need the law of "Tum'ah Dechuyah b'Tzibor" is that there are certain types of Tum'ah for which the Tzitz cannot be Meratzeh, such as Tum'as ha'Guf (that is, when the *Kohanim* bringing the Korban are themselves Tamei). In such a case, the Tzitz will not help, because it is only Meratzeh for meat, blood, or fats that became Tamei. Rather, in such situations it is the principle of Tum'ah Dechuyah b'Tzibur that permits the Tzibur to bring Korbanos b'Tum'ah, even without the conciliatory effects of the Tzitz.


77b

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