ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous dafYoma 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) 'Rebbi Yehudah Omer, Tamus'. According to ...
1. ... Rebbi Yochanan - this refers to the second animal in the *first*
pair (because he holds Ba'alei Chayim Nidachin).
(b) The problem with Rebbi Yochanan from Rebbi Yehudah's second statement:
'Nishpach ha'Dam, Yamus ha'Mishtale'ach' - is that, seeing as, according to
Rebbi Yochanan, both Tana'im agree that Ba'alei Chayim Nidachin, Rebbi
Yehudah is merely making a statement here with which the Rabbanan agree.
2. ... Rav - this refers to the second animal in the *first* pair, too.
(a) We ...
1. ... accept Rebbi Yehudah's statement 'Nishpach ha'Dam, Yamus
ha'Mishtale'ach' - because, since the Mitzvah of the blood has not been
completed (and bearing in mind "Chukah") it would be necessary to bring
another Sa'ir la'Hashem (and automatically another Sa'ir for the Hagralah)
in which case, the original Sa'ir will be Pasul, because Rebbi Yehudah
holds 'Ba'alei Chayim Nidachin'.
(b) We learn from the Pasuk "Yo'omad Chai Lifnei Hashem Lechaper Alav" -
that the Sa'ir la'Azaz'el must remain standing until the Kaparas ha'Dam.
Consequently, should it die earlier, the Mitzvah has not been performed,
and a new Hagralah will be required.
2. ... query his statement 'Meis ha'Mishtale'ach, Yishafech ha'Dam' however
- on the grounds that, once the Hagralah has been performed, the Mitzvah of
the Sa'ir la'Azaz'el has been completed, and there seems no reason why the
blood of the Sa'ir la'Hashem should be poured out.
(a) If the Sheluchim who are carrying the town's Shekalim lose them or if
the money is stolen ...
Rebbi Elazar and Rebbi Shimon say that the Par and the Sa'ir that were
lost, re-placed and found - must graze, because they (like the Tana Kama of
our Mishnah) hold 'Ein Chatas Tzibur Meisah'.
1. ... *after* the Terumas ha'Lishkah was already emptied - they must swear
to the treasurers of Hekdesh that they were not careless etc.
(b) Should the money turn up, then both lots are Shekalim, and, according
to the Tana Kama, the people are obligated to give their half-Shekel again
the following year. According to Rebbi Yehudah, the second lot of money
that they paid, exempts them from having to give the following year.
2. ... *before* the Terumas ha'Lishkah was emptied - they must swear to the
people who sent them, and to whom they are still answerable.
(c) We initially reconcile this with the Par and the Sa'ir of Yom Kipur,
where Rebbi Yehudah himself says that, if they were lost, re-placed and
then found, they must die - by quoting Rebbi Oshaya, who rules that the new
Korbenos Tzibur must be purchased with the new half-Shekalim of that year.
(d) He learns this from the Pasuk in Pinchas "Zos Olas Chodesh be'Chodsho"
- which implies that the new Korbanos must be purchased with the new batch
(a) If Rebbi Yehudah's reason (for saying that the Sa'ir of Yom Kipur that
was lost, re-placed and found, must die) is because of the Pasuk "Zos Olas
Chodesh be'Chodsho", it will then be restricted to the Sa'ir (asks the
Gemara) but not to the Par - since, unlike the former, the latter was
purchased not with money from the Terumas ha'Lishkah, but out of the Kohen
Gadol's own pocket.
We then try to explain Rebbi Yehudah's Din of 'Yamusu', because Hagralah
cannot fix the Sa'ir from one year to the next.
(b) We reject the contention (on this and each of the subsequent answers)
that we decree the Par because of the Sa'ir - because, if that was the
case, it would be sufficient to decree Ro'eh (that it should graze), but
not that an animal of Kodshim should die.
(c) From the statement of Rav Yehudah Amar Shmuel: 'Korbenos Tzibur
ha'Ba'in be'Echad be'Nisan, Mitzvah Lehavi min he'Chadash, ve'Im Heivi min
ha'Yashan, Yatza', asks the Gemara - it is clear that even the *Sa'ir* is
Kasher if one *did* purchase it with money from the previous year, so why
should it die?
1. We reject that contention however - on the grounds that we could then
bring the two goats and make a fresh Hagralah.
2. We reject the contention that it is because people might say that
Hagralah fixes the goats from one year to the next - because that reason
would be applicable to the Sa'ir, but not to the Par. And even if one
wanted to decree the Par because of the Sa'ir, then Chazal should have said
'Ro'eh', and not 'Tamus' (as we explained above).
3. And we reject the contention that Rebbi Yehudah says Yamusu because the
Kohen Gadol might die, and a Chatas she'Meisah Be'alehah, Tamus - because
that reason would be applicable to the Par (which was a private Korban),
but not to the Sa'ir, which was a Korban Tzibur, and 'Ein Chatas Tzibur
(a) The Rabbanan suggested to Abaye that the reason that Rebbi Yehudah says
'Tamus' is because it is a Gezeirah because of 'Chatas she'Avrah Shenasah'.
But surely, asks the Gemara, this *is* a 'Chatas sh'Avrah Shenasah' (and
not just a Gezeirah because of it)?
(b) The Gemara answers that they hold like Rebbi - who says (with regard to
Batei Arei Chomah) that one year (which renders the sale of a house in a
walled city that was sold, permanent) constitutes three hundred and sixty
five days (and not a regular lunar year of three hundred and fifty four
days). Consequently, on the following Yom Kipur, the goat (which needs to
be in its first year - and no more, will not be a 'Chatas she'Avrah
Shenasah', and will only be forbidden because of a Gezeirah (because it
resembles a 'Chatas she'Avrah Shenasah').
(c) The above Gezeirah will not apply to the Par, which has to be in its
third year or more.
(d) Resh Lakish compares a Chatas she'Avrah Shenasah to a Chatas that is
standing in a Beis ha'Kevaros - which is perfectly Kasher, but to which the
Kohen has no access. A Chatas she'Avrah Shenasah too, is not listed among
the Chata'os ha'Meisos, according to Resh Lakish, only, like the animal in
the Beis ha'Kevaros, it cannot be sacrificed.
(a) By Batei Arei Chomah, the Chachamim consider a year - as a regular
lunar year (i.e. three hundred and fifty four days).
(b) In a leap year, the extra month goes to the seller, permitting him to
redeem his house for an extra thirty (or twenty-nine) days.