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Week 27 - Shabbat - 3 June 2000

SHEKALIM: CHAPTER 7 : MISHNA 3

Meat that was found in the Temple courtyard: whole limbs - are burnt offerings, and slices - are sin offerings. In Jerusalem - are peace offerings. In either case its appearance should pass and it is removed to the place of burning. If it is found within the borders: whole limbs - are unslaughtered, slices - are permitted. And during the festival, when meat is plentiful, even limbs are permitted.

Kehati

Meat that was found in the Temple courtyard: whole limbs - If the meat was carved up in the manner that burnt offerings are carved up before the parts are brought to the altar, are burnt offerings - it can be assumed that this meat is a burnt offering, and slices - and if it was cut up into small slices, as is the manner when the meat is to be eaten, are sin offerings - the assumption is that it is meat from a sin or guilt offering, for only these sacrifices are eaten by the kohanim in the Temple courtyard, and that is why it was cut up there.

In Jerusalem - If meat is found in Jerusalem outside the Temple Courtyard, are peace offerings - The meat is of a peace offering, which may be eaten anywhere in Jerusalem, for most of the meat eaten in Jerusalem is that of peace offerings. In either case - Whether the meat was found in the Temple courtyard or in Jerusalem, its appearance should pass and it is removed to the place of burning - i.e., one is forbidden to eat the meat because it has been disqualified by the lapse of attention, but one may not burn it until it is completely disqualified - pasul. One therefore leaves it until it is unfit, namely disqualifying it by leaving it until the assigned time during which such a sacrifice is permitted to be eaten has elapsed. And in this there is a difference between meat found in the Temple courtyard and meat found in Jerusalem, in that meat found in the Temple courtyard, is assumed to be of a sin or guilt offering, whose eating time is a day and night, and as a result may be burned the next day, while meat found in Jerusalem is assumed to be a peace offering, whose eating time is two days and the night between them, and only becomes unfit on the third day. There are those who explain (according to the Jerusalem Talmud) that one is forbidden to eat the meat because the time during which it may be eaten might have elapsed, and one may not burn it yet because, on the other hand, it might be fit to be eaten. Therefore, one leaves the meat until such time as there is no doubt about the time having elapsed, and then burns it, as explained above (Rivevan; Hameiri). Rambam writes (Hil. Pesulei Hamukdashim 19:4): "If so, what difference does it make if the assumption is that it is a burnt offering or a sin offering or a peace offering? To one who transgressed and ate" (that if a Jew ate meat that was found in Jerusalem, or if a kohen ate sliced meat found in the Temple courtyard, he is not liable).

If it is found within the borders - If meat is found in Eretz Yisrael outside Jerusalem, whole limbs - If the meat is carved into large pieces, are unslaughtered - We fear the meat might be carrion, for it is customary to carve up unslaughtered meat into large chunks and throw them to the dogs; slices - If the meat is cut into small slices, are permitted - for one would only cut meat into small slices if it was fit to be eaten. This law only applies in cities where the whole population are Jews, but in a city where gentiles reside, even small slices are forbidden.

And during the festival when meat is plentiful - And one does not cut it into small slices but rather cooks large pieces, even limbs are permitted - Even if one finds large pieces, they are permitted.

SHEKALIM: CHAPTER 7 : MISHNA 4

An animal which was found between Jerusalem and Migdal Eder, and at a similar distance in every direction: males - are burnt offerings, females - are peace offerings. R. Yehudah says: That which is suitable for a paschal sacrifice, is a paschal sacrifice thirty days before the festival.

Kehati

An animal which was found between Jerusalem and Migdal Eder - A town in the vicinity of Jerusalem (see Gen. 35:21; Micah 4:8), and at a similar distance in every direction - and similarly if an animal is found in that same radius in any direction from Jerusalem, males are burnt offerings - If the animal is a male, it is offered as a burnt offering, for the assumption is that it came from Jerusalem, and all animals in Jerusalem are presumed to be sacrifices; and the majority of male animals are burnt offerings, as only males can be used for burnt offerings (see Tosefot Yom Tov). The Jerusalem Talmud states that the bet din instituted that all male animals found are to be sacrificed as burnt offerings.

Females are peace offerings - If the animal is a female, it is offered as a peace offering, for the majority of female animals in Jerusalem are peace offerings.

R. Yehudah says: Those suitable for a paschal sacrifice - If one finds a yearling sheep or male goat, which is suitable for a paschal sacrifice, it is a paschal sacrifice - It may be used for that purpose, thirty days before the festival - If the animal was found within thirty days of Pesah, for from that time that people begin to set aside their sheep for the paschal sacrifice, and one has reason to suspect that this animal might have been set aside for this purpose. The finder must therefore offer it for his paschal sacrifice. And, if the owner comes afterwards, the finder pays him its value (Bartenura) And the halakhah does not follow R. Yehudah.

In Tractate Kiddushin 55a questions are asked on this mishnah, and these are answered by setting up various circumstances under which this law would apply. The Talmud's conclusions, according to Rambam (Hil. Pesulei Hamukdashin 6:11) are: "An animal found between Jerusalem and Migdal Eder or at a similar distance in every direction: if it is a yearling female, it must be locked away in a stall and left to die because it may be a sin offering. If he found a two year old female, he offers it as a peace offering, accompanied with bread, because it may be a thanksgiving offering. If he found a two year old male, there is no remedy because perhaps it is a guilt offering and the owner has not had atonement. If he found a male yearling he may leave it until it develops a blemish, and he brings two animals instead of it and makes a condition saying: 'If it was a burnt offering, this is a burnt offering in its stead, and if it was a peace offering, this is a peace offering in its stead,' and he offers one as a burnt offering and its libations are (financed by) the public treasury, and the other is a peace offering accompanied with bread, because perhaps it was a thanksgiving offering. And what should he do with (the animal) which he found? He may eat it with (i.e., once it develops) its blemish, for even if it was a firstborn or a tithe, once it has a blemish it may be eaten. And if it (happens to be) a paschal sacrifice after its assigned time, it is a peace offering; and during its time (i.e., in the period before Pesah) all take care of their animals. And should you say: perhaps it was the guilt offering of a nazirite or the guilt offering of a metzora, these are not constantly available, and therefore one need not be concerned about them."

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