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04-28-2011
Title:
Menachos 49 - MISTAKEN AKIRAH

Message:
1) MISTAKEN AKIRAH

(a) (Rabah bar bar Chanah): If the two lambs were slaughtered l'Shem rams, they are Kesherim, but Lo Alu (the Tzibur did not fulfill its obligation.)
(b) (Rav): Alu (the Tzibur fulfilled its obligation.)
(c) (Rav Chisda): Presumably, Rav's law is when the slaughterer thought that they were rams and slaughtered l'Shem lambs, for lambs were slaughtered l'Shem lambs;
1. However, if he thought that they are rams and slaughtered l'Shem rams, Lo Alu - he mistakenly was Oker (uprooted) the Korban (from what it should have been), a mistaken Akirah takes effect.
(d) (Rabah): A mistaken Akirah does not take effect.
(e) Question (Rabah, against himself - Mishnah): If a Kohen was Mefagel b'Mezid, he is liable (to pay the owner of the Korban);
1. If he was Shogeg, he is exempt.
2. (Beraisa): The Pigul takes effect (even b'Shogeg.)
3. Question: What is the case?
i. If he knew that it is a Chatas and he slaughtered l'Shem Shelamim, this is Mezid!
4. Answer: He thought that it is a Shelamim and he slaughtered l'Shem Shelamim;
i. Pigul takes effect - this shows that mistaken Akirah is Akirah!
(f) Answer (and Answer #2 to Question 3 - Abaye): Really, he knew that it is a Chatas and he slaughtered l'Shem Shelamim - the Shegagah was, he thought that this is permitted.
(g) Question (R. Zeira - Beraisa - R. Shimon): If Kemitzah of any Minchah was Lo Lishmah, it is Kosher and Alah, for Menachos are unlike Zevachim:
1. If Kemitzah was l'Shem Marcheshes and it was really Minchas Machavas (which is drier), this is evident (therefore, the intent has no effect);
2. If Kemitzah was l'Shem Blulah and it was really Charevah (without oil, i.e. Minchas Chotei), this is evident;
3. This is not the case regarding Zevachim - slaughter and Zerikah are the same for all of them (therefore, Lo Lishmah is not Meratzeh, it is even Posel some Zevachim).
4. Question: What is the case (of Menachos Lo Lishmah?)
i. Suggestion: He knew that it was Machavas, he did Kemitzah l'Shem Marcheshes.
ii. Rejection: Even though this is evident, he intentionally was Oker (surely, it is not Oleh!)
5. Answer #1: He thought that it was Marcheshes, he did Kemitzah l'Shem Marcheshes.
i. Even though he is mistaken, it is Oleh only because the mistake is evident - otherwise, mistaken Akirah is Akirah!
(h) Answer (and Answer #2 to Question 4 - Abaye): Really, he knew that it was Machavas, he did Kemitzah l'Shem Marcheshes;
1. R. Zeira said that even though this is evident, since he intentionally was Oker, it is not Oleh - Rabah holds that the Torah is Posel Lo Lishmah that is not evident, but an evident Lo Lishmah is never Pasul.
2) WHICH KORBANOS TZIBUR ARE ME'AKEV EACH OTHER?
(a) (Mishnah): Temidim are not Me'akev Musafim, Musafim are not Me'akev Temidim, Musafim are not Me'akev each other.
(b) If the morning Tamid was not offered, the afternoon Tamid is offered.
(c) R. Shimon says, this is only if it was not offered on account of Ones or Shogeg - if b'Mezid they did not offer in the morning, they do not offer in the afternoon.
(d) If the morning Ketores (half a Maneh) was not offered, Ketores is offered in the afternoon;
(e) R. Shimon says, they offer the full daily amount (a Maneh) in the afternoon;
1. This is because the inner Mizbe'ach must be inaugurated with Ketores, the outer Mizbe'ach must be inaugurated with a morning Tamid, the Shulchan must be inaugurated with Lechem ha'Panim on Shabbos, the Menorah must be inaugurated by lighting the seven lamps in the afternoon.
(f) (Gemara - R. Chiya bar Avin) Question: If the Tzibur does not have enough Temidim and Musafim, which has precedence?
1. Question: What is the case?
i. If both are for today, obviously Temidim have precedence, they are Tadir (more frequent) and have as much Kedushah as the Musafim! (The Kedushah of the day (Shabbos, or Rosh Chodesh, or...) applies equally to Temidim and Musafim. Alternatively, Temidim are Tadir and more Kadosh, for they are offered first.)
2. Answer #1: The Temidim are for tomorrow, the Musafim are for today:
i. Perhaps Temidim have precedence, for they are Tadir - or perhaps Musafim have precedence, for they are more Kadosh (the case is, tomorrow is less Kadosh than today.)
(g) Answer (Rav Chisda - Mishnah): Temidim are not Me'akev Musafim, Musafim are not Me'akev Temidim, Musafim are not Me'akev each other.
1. Question: What is the case?
2. Answer #1: There are enough lambs for both of them, the Mishnah teaches that either may be offered first.
3. Rejection (Beraisa) Question: What is the source that no Korban precedes the morning Tamid?
i. Answer: "V'Arach Aleha ha'Olah" - the Tamid goes (directly) on the wood,
ii. Also, Rava expounded "ha'Olah" - the (Tamid is) the first Olah, no Korban precedes it.
49b---------------------------------------49b

4. Answer #2: There are not enough lambs for both (the Mishnah teaches that the lambs may be used for either.)
i. If both were for today, the Temidim would have precedence, they are Tadir and Kadosh!
ii. Rather, the Temidim are for tomorrow, the Musafim are for today, the Mishnah teaches that the lambs may be used for either.
(h) Rejection (and defense of Answer #1 - Abaye): Really, there are enough lambs for both of them, the Mishnah teaches that either may be offered first.
1. The law that no Korban precedes the morning Tamid is only l'Chatchilah.
(i) Question (Mishnah): We never have less than six checked lambs in the chamber of lambs, the amount needed for Shabbos and two days of Rosh Hashanah (sometimes these are three consecutive days; we do not check on Shabbos or Yom Tov. Even though mid'Oraisa, Rosh Hashanah is only one day, we must guard Elul 30 in Kedushah (perhaps witnesses will come, retroactively the day was Rosh Hashanah), and sometimes (if the 30th was not Mekudash) the next day is also Kadosh.)
1. Question: What is the case?
i. Suggestion: There are enough lambs for Temidim and Musafim.
ii. Rejection: More are needed (another 16 for Musafim of Shabbos, Rosh Chodesh and Rosh Hashanah!)
2. Answer #1: There are not enough lambs;
i. The Mishnah teaches that Temidim have precedence (the chamber only contains enough for the Temidim!)
(j) Answer (and Answer #2 to Question 1): Really, there are enough lambs;
1. The Mishnah teaches that there are never less than six lambs that have been checked for four days, the Mishnah is like Ben Bag Bag:
i. (Beraisa - Ben Bag Bag) Question: What is the source that the Tamid must be checked four days before it is slaughtered?
ii. Answer: We learn from a Gezerah Shavah - it says (regarding the Tamid) "*Tishmeru* Lehakriv Li b'Moado", and it says "V'Hayah Lachem *l'Mishmeres* Ad Arba'ah Asar" - just like Pesach had to be checked four days in advance, also the Tamid.
(k) Question (Ravina): A seventh lamb should be required, for the next morning (after three consecutive days of Shabbos and Rosh Hashanah, for we cannot look for pre-checked lambs at night!)
1. Counter-question (Rav Ashi): An eighth should be required, we should include the afternoon Tamid just before the three days!
2. Answer: The Mishnah does not count that - rather, it teaches how many must remain after offering the Temidim.
3. Ravina's question remains, it should say seven!
(l) Answer: The Tana teaches that six are *always* there, he merely gives a way to remember it (indeed, sometimes seven are required.)
(m) Support: The Beraisa says '*the amount needed* for Shabbos and two days of Rosh Hashanah' - he did not say '*for* Shabbos...'

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