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Week 140 - Shabbat - 3 August 2002

ZEVAHIM: CHAPTER 1: MISHNAH 2

Yose ben Honi says: Those which are slaughtered as a pesah or under the name of a sin-offering, are invalid. Shimon the brother of Azaryah says: If he slaughtered them under a higher name they are valid, if under a lower name, they are invalid. How so? Most-holy things which were slaughtered under the name of lesser-holy things, are invalid, but lesser-holy things which were slaughtered under the name of most-holy things, are valid. A firstling or tithe which was slaughtered under the name of a peace-offering is valid, but a peace-offering which was slaughtered under the name of a firstling or tithe, is invalid.

Kehati

The preceding mishnah's statement that "any sacrifice which was slaughtered not under its own name is valid..." here forms the subject of a dispute between Yose ben Honi and Shimon the brother of Azaryah, who qualify this ruling. As will be explained, Azaryah, a merchant, maintained his brother, Shimon, a Torah student, and was thus to share the latter's reward for studying the Torah. Hence Shimon's designation as Azaryah's brother (Rash Sot. 21a). According to Rambam (in his Commentary ad loc. ) Azaryah was the father of R. Eleazar ben Azaryah.

Yose ben Honi says: - All those - sacrifices which are slaughtered-on the 14th of Nisan as a pesah sacrifice or-those slaughtered at any time under the name of a sin-offering, are invalid - just as the First Tanna in the preceding mishnah invalidates the pesah sacrifice in its time and a sin-offering at any time if slaughtered under the name of a different sacrifice.

Shimon the brother of Azaryah says: If he slaughtered them - the sacrifices - under a higher name - under that of a higher degree of sanctity, as the mishnah explains - they - the sacrifices - are valid - but if he slaughtered the sacrifices under a lower name - i.e., under that of a lower degree of sanctity - they are invalid - thus (Lev. 22:15): And they shall not profane the holy things of the children of Israel which they - yarimu (lit. "raise") - offer up to the Lord"; hence, Shimon the brother of Azaryah concludes, whereas "they are not rendered profane by the superior, they are rendered profane by the inferior (Zev. 11b).

How so? - what is the meaning of "under a higher name" and "under a lower name"?

Most holy things which were slaughtered under the name of lesser holy things - i.e., "under a lower name" - are invalid - e.g., if a burnt-offering was slaughtered under the name of a peace-offering (see our Introduction to this Tractate and specification of the holy and most holy sacrifices), the sacrifice is invalid - but lesser holy things which were slaughtered under the name of most holy things - e.g., a peace-offering under the name of a burnt-offering - are valid - since he associated it with a higher degree of sanctity.

A firstling - a first-born animal - or animal tithe which was slaughtered under the name of a peace-offering is valid - the sanctity of a peace-offering, whose blood requires a fourfold sprinkling (i.e., "two which are four" - one on the north-eastern and one on the south-western corner of the altar, with the blood spreading in all four directions of the altar), the laying on of the hands (on the living animal's head) drink offerings and the waving of the breast and thigh, as explained (see 10:2 below) is superior to that of a firstling or tithe which require one sprinkling and no laying on of the hands, drink offerings or waving of the breast and thigh - but a peace-offering which was slaughtered under the name of a - an animal - firstling or animal tithe - i.e., whose sanctity is inferior, as explained above, the sacrifice - is invalid - the halakhah rejects both Yose ben Honi and Shimon the brother of Azaryah.

ZEVAHIM: CHAPTER 1: MISHNAH 3

If a pesah was slaughtered on the morning of the fourteenth not under its name - R. Yehoshua declares it valid, as if it had been slaughtered on the thirteenth. Ben Beteira declares it invalid, as if it had been slaughtered after midday. Shimon ben Azzai said: I have a tradition from the mouth of seventy-two elders, on the day when they installed R. Eleazar ben Azaryah in the Academy, that any sacrifice that may be eaten, which was slaughtered not under its own name is valid, but the owners have not fulfilled their obligation, except for the pesah and the sin-offering. Ben Azzai added the burnt-offering only; however, the Sages did not agree with him.

Kehati

Mishnah 1 teaches that a pesah sacrifice slaughtered at its appointed time under a different name is invalid. But if slaughtered earlier or later under a different name, the sacrifice is valid and is considered a peace-offering, as stated: "Any sacrifice which was slaughtered not under its own name is valid." As pointed out (ibid.), the pesah is offered between midday and the evening of the fourteenth of Nisan, i.e., bein ha'arbayim (i.e., between the decline of the sun after midday and its disappearance at sunset - see Rashi Ex. 12:6). Our mishnah deals with a pesah sacrifice slaughtered under a different name before midday on the fourteenth of Nisan - i.e., before its appointed time. The Tannaim differ as to whether it is to be regarded as a pesah sacrifice offered up on any other day of the year - in which case it is a peace-offering and valid, or as a pesah sacrifice slaughtered at its appointed time under a different name, in which case it is invalid.

If a pesah sacrifice was slaughtered on the morning of the fourteenth of Nisan, i.e., before its appointed time which is after noon, not under its name - but under the name of a different sacrifice - R. Yehoshua declares it - the sacrifice valid, as if it had been slaughtered - under a different name on the thirteenth of Nisan, i.e., at the wrong time, when it is a peace-offering, which is valid even if slaughtered under a different name.

Ben Beteira declares it - the sacrifice invalid as if it had been slaughtered after midday - since the pesah sacrifice may be offered up during part of the fourteenth of Nisan, the whole day signifies "its time." Hence if it was slaughtered under a different name even during the morning, it is treated as a pesah sacrifice which has been offered up in its time (see mishnah 1)

Shimon ben Azzai said: I have a tradition from the mouth of seventy-two elders on the day when they installed R. Eleazar ben Azaryah in the Academy - as head of Yavne, after deposing Rabban Gamliel from the patriarchate for humiliating R. Yehoshua (see Ber. 27b). On that day several halakhot were enacted, and all the hitherto undetermined provisions at the Academy found their solution. According to Shimon ben Azzai, seventy-two elders ruled (unanimously) on that day that any sacrifice that may be eaten, which was slaughtered not under its own name is valid, but the owners have not fulfilled their obligation, except for the pesah and the sin-offering - which are invalid if slaughtered under a different name.

Ben Azzai added the burnt-offering only - this is an additional note explaining that the burnt-offering is the only sacrifice which Ben Azzai declares invalid in addition to the Sages' pesah sacrifice and the sin-offering (see mishnah 1), by stating "any sacrifice that may be eaten...is valid," i.e., which implies that the burnt-offering, burnt entirely upon the altar, is invalid if slaughtered under a different name.

However the Sages did not agree with him - they rule that a burnt-offering slaughtered under a different name is also valid.

The Gemara explains Ben Azzai's use of the singular zaken (elder, rather than zekenim - elders) in our mishnah as implying that they all sat together and decided thus unanimously.

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