Menachos 5 -
1) "MECHUSAR ZEMAN" OF THE SAME DAY
(a) (Reish Lakish): If Minchas ha'Omer was Nikmatz Lo Lishmah, it is Kosher; the remainder (after Kemitzah) may not be eaten until a second Omer will be offered (Lishmah, to permit Chadash).
(b) Question: Why is the first Omer Kosher - it may not be eaten (at the time), Korbanos must be "Mi'Mashke Yisrael", from things that (if they were Chulin would be) permitted to Yisrael!
(c) Answer #1 (Rav Ada bar Ahavah): Reish Lakish holds that Mechusar Zeman of the same day (something which will become permitted the same day) is considered as if it is already permitted.
(d) Question #1 (Rav Ada brei d'Rav Yitzchak - Beraisa): There are ways in which Korbanos ha'Of are more Chashuv (important) than Menachos, and vice-versa:
1. The Chashivus of birds over Menachos - two people can jointly bring a bird, they Machshir a Mechushar Kipurim (to Kodshim), and they are Hutru mi'Klalan (Kohanim may eat Melikas Chatas ha'Of, even though it is Neveilah);
2. The Chashivus of Menachos over birds - they require a vessel (to Mekadesh the Kometz), Tenufah, Hagashah, and the Tzibur brings Menachos as well as individuals.
3. According to Rav Ada bar Ahavah, also Menachos are Hutru mi'Klalan, i.e. Chadash! (Rashi - even though it should be forbidden to the Mizbe'ach (it is not "Mi'Mashke Yisrael"), it is not; Rashba - normally, if Haktarah does not permit Kodesh immediately, the Kodesh will never be permitted.)
(e) Answer: Since Mechusar Zeman does not apply to (something which will become permitted) the same day, it is as if there is no Isur.
(f) Question #2 (Rav Sheshes - Beraisa): If oil was put on the Behonos of a Metzora before the blood (of the Asham), we must replenish the oil (so it will be a full Log), put on the blood and then put on oil;
1. If oil was put on the Behonos before it was sprinkled seven times, we must replenish the oil, do the Haza'os and put oil on the Behonos again.
2. If Mechusar Zeman does not apply to the same day, the applications of oil should be valid (b'Diavad) even if done out of order!
(g) Answer (Rav Papa): Taharas Metzora is different - it says "Zos *Tihyeh* (will be) Toras ha'Metzora", this teaches that everything must be in order.
(h) Question #3 (Rav Papa): If Chatas (Metzora) was slaughtered before the Asham, we do not stir the blood (so it will not harden), offer the Asham, and then finish offering the Chatas - rather, we allow the Chatas to become Nosar, it is burned in Beis ha'Sereifah.
1. Interjection: Why is Rav Papa asking from Metzora - he himself said that Taharas Metzora must be in order, because it says "Tihyeh"!
2. Answer: "Tihyeh" only applies to Avodos, slaughter is not an Avodah.
3. Summation of question (h): If Mechusar Zeman does not apply to the same day, slaughter should be valid out of order, we should stir the blood, offer the Asham, then finish the Chatas!
2) WHEN "CHADASH" IS PERMITTED
(a) Answer #2 (to Question (b) - Rav Papa): Reish Lakish holds that Chadash is permitted from dawn of the 16th (of Nisan, the day the Omer is brought).
1. (R. Yochanan and Reish Lakish): Even when the Mikdash stands (and the Omer will be brought), Chadash is permitted from dawn of the 16th.
(b) Reish Lakish did not explicitly say this law (that dawn of the 16th permits Chadash), it was inferred from the following:
1. (Mishnah): We may not bring (from Chadash) Menachos, Bikurim or Minchas Nesachim (i.e. that accompanies a Zevach) before the Omer - if it was brought, it is Pasul;
2. We may not bring any of them before Shtei ha'Lechem - if it was brought, it is Kosher.
3. (Reish Lakish): This only applies if it was brought before the 16th, but if it was brought on the 16th (even before the Omer), it is Kosher.
4. Inference: He holds that dawn of the 16th permits Chadash.
(c) (Rava): If Minchas ha'Omer was Nikmatz Lo Lishmah, it is Kosher; the remainder may be eaten (immediately after Haktarah), a second Omer is not needed to permit it;
1. This is because (improper) intent only takes effect if the Kohen (who had the intent), the Korban and the place were all Kosher for Avodah;
2. The Kohen must be Kosher (for Avodah) - this excludes a Ba'al Mum;
3. The Korban must be Kosher - this excludes Minchas ha'Omer (Rashi - because it comes from parched barley, when it is not Oleh l'Shem Chovah (on account of improper intent), it is not fitting to become any other Minchah; Tosfos - because Chadash is forbidden until the Omer is offered Lishmah);
4. The place must be Kosher - this excludes if the Mizbe'ach was dented.
3) A "TEREIFAH" MAY NOT BE OFFERED
(a) (Beraisa): A second verse says "Min ha'Tzon" - this excludes a Tereifah (it may not be offered).
1. Question: A Kal va'Chomer should teach this! A person may eat a (Chulin) Ba'al Mum, yet a Ba'al Mum may not be offered - a person may not eat a Tereifah, all the more so it may not be offered!
2. Answer #1: Chelev and blood refute this - they are forbidden to people, they are offered!
3. Rejection: You cannot bring a refutation from Chelev and blood, the rest of what (i.e. the animal) they come from is permitted, whereas a Tereifah is totally forbidden!
4. Answer #2: Melikah refutes this - Melikah (of Chulin) is totally forbidden to people, Melikah of Kodshim is offered!
5. Rejection: You cannot bring a refutation from Melikah, the Kedushah causes the Isur (Rashi - Melikah is Machshir to be offered, it makes a (Chulin) bird Neveilah; Tosfos - because the bird is Kodesh, it requires Melikah (and not slaughter)) - this does not apply to Tereifah.
6. Conclusion: If the Kal va'Chomer can be refuted, (the second) "Min ha'Tzon" excludes a Tereifah.
(b) Question: How can the Kal va'Chomer be refuted?
(c) Answer #1 (Rav): Minchas ha'Omer refutes it - it is forbidden to people (it is Chadash), yet it is offered.
(d) Objection #1: Minchas ha'Omer is different, for it permits Chadash.
(e) Answer: We use Minchas ha'Omer of Shemitah to refute the Kal va'Chomer, it does not permit anything (we do not produce grain the entire year!)
1. Objection: Even in Shemitah, it permits (Chadash) Sefichin (things that grow by themselves)!
2. Answer: The Beraisa is like R. Akiva, who forbids all Sefichin (Rashi - after Bi'ur; Tosfos - even before Bi'ur).
3. Question (Rav Acha bar Aba): Even according to R. Akiva, it permits Chadash in Chutz la'Aretz!
i. Even according to the opinion that Chadash does not apply in Chutz la'Aretz, the Omer permits itself (Tosfos - entirely; Rashi - it removes the Isur Chadash, it leaves only the Isur Shemitah!)
4. Answer (Rav Acha mi'Difti): That is not difficult - it must say "Min ha'Tzon", so we do not say that Tereifah may be offered, and it permits its Lav (allowing people to eat it), just like Minchas ha'Omer!
(f) Objection #2: Rather, Minchas ha'Omer cannot refute the Kal va'Chomer, for that is the Mitzvah (to bring it from Chadash, but Zevachim need not be Treifos!)
(g) Answer #2 (to Question (b) - Reish Lakish): Mefatem ha'Ketores is forbidden to people, yet is offered - this refutes the Kal va'Chomer!
(h) Objection: This makes no sense - the Mefatem is the person who makes Ketores!
(i) Correction: Rather, Pitum (the making of) ha'Ketores (like the Torah specifies) refutes it - it is forbidden to people (for their own use), yet it is offered!
(j) Rejection: Pitum ha'Ketores cannot refute the Kal va'Chomer, for that is the Mitzvah!
(k) Answer #3 (Mar brei d'Ravina): (Melachah on) Shabbos refutes the Kal va'Chomer - it is forbidden to people, yet it is permitted for the Avodah (Temidim and Musafim are slaughtered on Shabbos)!
1. Question: (Melachah on) Shabbos cannot refute the Kal va'Chomer, for it is permitted to people, i.e. to circumcise!
2. Answer: Milah is a Mitzvah, it is not done for a person's needs!
(l) Rejection: Shabbos cannot refute the Kal va'Chomer, for that is the Mitzvah (to bring Temidim and Musafim on Shabbos)!
(m) Answer #4 (Rav Ada bar Aba): Shatnez refutes the Kal va'Chomer - it is forbidden to people, yet it is used (in Bigdei Kehunah) for the Avodah!
1. Question: Shatnez cannot refute the Kal va'Chomer, for it is permitted to people in Tzitzis!
2. Answer: Tzitzis is a Mitzvah, it is not done for a person's needs!
(n) Rejection: Shatnez cannot refute the Kal va'Chomer, for that is the Mitzvah (some Bigdei Kehunah must be of Shatnez!)