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Week 141 - Tuesday - 6 August 2002

ZEVAHIM: CHAPTER 2: MISHNAH 4

How is "what renders permitted" offered in accordance with its law? If he slaughtered in silence, collected, conveyed and sprinkled after its time, or he slaughtered after its time, collected, conveyed and sprinkled in silence, or he slaughtered, collected, conveyed and sprinkled after its time - that is offering "what renders permitted" in accordance with its law. How is "what renders permitted" not offered in accordance with its law? If he slaughtered outside it place, collected, conveyed and sprinkled after its time, or he slaughtered after its time, collected, conveyed and sprinkled outside its place; or he slaughtered, collected, conveyed and sprinkled outside its place. If he slaughtered the pesah or the sin-offering not under its own name, collected, conveyed and sprinkled after its time, or slaughtered after its time, collected, conveyed and sprinkled not under its own name, or slaughtered, collected, conveyed and sprinkled not under its own name - that is not offering "what renders permitted" in accordance with its law.

Kehati

In continuation of the preceding, our mishnah teaches when that which renders permitted is or is not offered in accordance with its law.

How is "what renders permitted" offered in accordance with its law - i.e., when does the pigul intention affect the sacrifice?

If he slaughtered in silence - i.e., without an invalidating intention, but collected the blood, conveyed and sprinkled it intending to eat of it or to burn it after its time -i.e., he performed three sacrificial acts with an "after-its-time" intention –

or he slaughtered - intending to eat it or burn the portions after its time but collected, conveyed and sprinkled in silence - i.e., without an invalidating intention or he slaughtered, collected, conveyed and sprinkled - he performed all the four sacrificial acts intending to eat or burn after its time - that is offering "what renders permitted" in accordance with its law - since the blood was sprinkled correctly, thus apart from the "after-its-time" intention there was no other invalidating thought during the performance of the sacrificial rite, the sacrifice is rendered pigul,.

How is "what renders permitted" not offered in accordance with its law which causes the sacrifice to be unaffected by pigul?

If he slaughtered intending to eat or burn the portions - outside its place - i.e., the Temple Court, collected, conveyed and sprinkled - the blood intending to eat or burn the portions after its time, or he slaughtered intending to eat or burn outside its place, or he slaughtered, collected, conveyed and sprinkled - i.e., he performed one of these acts with an outside-its-place intention and the rest he performed with an outside-its-place intention, i.e., he slaughtered or collected or conveyed or sprinkled intending to eat or burn outside its place (Rashi).

If he slaughtered the pesah or the sin-offering rendered invalid when he performed one of the sacrificial acts not for its own sake (see 1:1 above) not under its own name, collected, conveyed and sprinkled after its time - apart from the slaughtering he performed the other acts with an after-its-time intention, or slaughtered - intending to eat or burn after its time and collected, conveyed and sprinkled not under its own name - i.e., not for the sake of a pesah or a sin-offering, or slaughtered, or collected or conveyed and - or - sprinkled not under its own name and the other acts he performed with an after-its-time intention

that is not offering "what renders permitted" in accordance with its law - since the sacrifice suffers from a disqualification other than that of "after its time", and the offering is unaffected by pigul, it is rendered invalid, without carrying the karet penalty. The mishnah refers to the pesah and the sin-offering specifically, since in the case of other sacrifices slaughtered under a different name, when one of the other sacrificial acts was performed with an after-its-time intention, the offering is pigul, for though the owners of sacrifices slaughtered not under their own name have not thereby fulfilled their duty, the offerings are nevertheless valid, and thus what renders them permitted was performed in accordance with its law, and these sacrifices remain subject to pigul.

ZEVAHIM: CHAPTER 2: MISHNAH 5

To eat an olive's bulk outside and an olive's bulk on the next day, an olive's bulk on the next day and an olive's bulk outside, half an olive's bulk outside and half an olive's bulk on the next day, half an olive's bulk on the next day and half an olive's bulk outside - it is invalid but no karet is incurred. R. Yehudah said, This is the general rule: If the intention regarding the time preceded the intention regarding the place, it is pigul and one incurs karet, but if the intention regarding the place preceded the intention regarding the time - it is invalid, but no karet is incurred. But the Sages say, This and that is invalid and no karet is incurred. To eat half an olive's bulk and to burn half an olive's bulk, it is valid, because eating and burning do not combine.

Kehati

The preceding mishnah taught that if one of the sacrificial acts was performed with an "outside-its-place" intention and another with an "after its time" intention, the sacrifice is not subject to pigul since that which renders permitted was offered up incorrectly. Our mishnah teaches that the same applies if one performs an act with both an "after-its-time" intention and "outside-its-place" intention.

If one performs one of the four sacrificial acts intending to eat an olive's bulk outside its proper place and an olive's bulk on the next day - after its time-limit, e.g., if one slaughters the sacrifice with a view to eating an olive’s bulk of meat out of its bounds and an olive's bulk of meat after the time-limit, or intending to eat an olive's bulk on the next day and an olive's bulk outside - the first olive's bulk he intended to eat after its prescribed time and the second one outside its prescribed place; or intending to eat half an olive's bulk outside and half an olive's bulk on the next day, or half an olive's bulk on the next day and half an olive's bulk outside, then the pigul intention does not affect the sacrifice since it suffers an additional disqualification, i.e., the outside-its-place intention, and it - the sacrifice – is therefore invalid, but no karet penalty is incurred by one who eats of its meat.

R. Yehudah, who differs from the First Tanna, said a second disqualification does not always release the sacrifice from pigul, rather,

This is the general rule: If the intention regarding the time preceded the intention regarding the place e.g., if one slaughtered intending to eat or burn after its prescribed time, then even if he subsequently performed the other sacrificial acts with an outside-its-place intention, it - the sacrifice - is pigul and one incurs karet because a later intention does not release it from pigul but if the intention regarding the place preceded the intention regarding the time then the pigul intention does not affect the sacrifice, and therefore it is invalid, but no karet is incurred, and it is the same if the various invalidating intentions occurred during different acts or during one act, since in R .Yehudah's view we "rule by the first expression."

But the Sages say, This and that is invalid but no karet is incurred. Here the mishnah repeats the First Tanna's ruling that even if the intention regarding the time preceded that regarding the place, the sacrifice remains unaffected by pigul and is invalid, but does not carry the karet penalty. In this context our mishnah adds the unanimous rule, that if one of the sacrificial acts was performed with an intention

to eat half an olive's bulk and to burn half an olive's bulk - either at the wrong time or place - it - the sacrifice - is valid, because eating and burning do not combine to make up the minimal measure of an olive’s bulk required to invalidate the sacrifice by a disqualifying intention.

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