9037 —הערות על מנחת שמואל, רש"י והרמב"ם בדיני הקרבנות

B"H, the days of Cheshvan, 5726.

Brooklyn, NY.

Haraha"g vavac"h iy"a nu"n etc. Shmuel Yalav

Shalom u'Vrachah!

I hereby acknowledge receipt of your letter from the eve of Sukkot along with the pages of your book Minchat Shmuel... Enclosed are some comments on your aforementioned book.

Minchat Shmuel. At its beginning. On Rashi's commentary to the Mishnah at the start of Berachot: "That burning fats and limbs was not decreed by the sages to be until midnight" (unlike Rambam), it can be said that the reason is because burning is done by kohanim and kohanim are diligent (whereas according to Rambam—in this case we do not say they are diligent, similar to Pesachim 85a regarding 'yotzei', according to Tosafot there). (It has already been asked on Tosafot there—by Maharsha and others—and in light of the difficulty one can say that ultimately Tosafot agrees with Maharsha but preferred a different answer. Rambam's reasoning can simply be explained: in our case where burning begins at the time of offering the sacrifice—several hours before nightfall (as in Pesachim at the end of chapter five)—if by midnight the fats and limbs have not been burned, it proves that these kohanim are not diligent.)

Regarding Rashi's reasoning as above—so also writes Ramaz (cited in Tosafot Anshei Shem), Chidushei Mahari"ch, in Sefer Nitzotzei Or (by Rabbi Reuven Margaliot) and others. Seemingly it is puzzling that Rashi did not allude to this at all in his commentary. In my humble opinion, Rashi himself wrote his reasoning explicitly on site: for when he writes "and burning fats etc. was not said by sages to be until midnight at all," this follows what he previously wrote about the reason for decreeing midnight for Shema and eating kodashim: "And they forbade them (kodashim) from being eaten before their time so that one would not... become liable for karet; likewise for Shema—to urge a person (seemingly two extra words—rather to emphasize: ordinary people) lest... and meanwhile time passes." (And since with burning after dawn there is no karet, and kohanim are not ordinary people and do not need urging—it must be kosher—and burning fats etc. was not said by sages to be until midnight at all [not even ideally as with Shema]).

Further precision can be made regarding Rashi's addition "and meanwhile time passes," because with burning this is also not certain; if it remained overnight atop the altar it may always be burned, and according to Rabbah even if it fell off it may be returned (see Zevachim 87a), so it is not disqualified—Rashi here in Berachot follows Rabbah's view (on "mitzvatan") unlike Rambam who rules like Rava that even atop the altar they are disqualified.

Based on this, it clarifies why Rashi explains laws of burning not in their place (on "mitzvatan") but only after explaining the reason for decreeing midnight for Shema etc., because only this compels Rashi to say that regarding burning sages did not decree so.

There: A person who became impure—if impurity is something added or comes automatically through lack of holiness etc., one could say both exist; therefore for terumah sunset suffices (which removes impurity) while for kodashim a sacrifice is also needed (which draws down holiness). Seemingly one cannot say it comes automatically etc.—for there is no impurity for gentiles etc., even though they are opposite holiness. But here one could explain they are simply outside impurity/purity categories (in their lifetime).

In any case—in our case—it is explicit that even someone lacking atonement still has a slight impurity upon him (Zevachim 17a and there; see also Keilim ch.1 mishna 5). However there are several levels in impurity as well as in holiness—they parallel each other; therefore one lacking atonement is forbidden only with kodashim while a tevul yom also with terumah etc. (Keilim ibid.), and with kodesh there is a fourth degree while with terumah only third degree etc. (Taharot ch.2)—all this from Torah law.

Note from Arizal in Shaar HaKavanot and Pri Etz Chaim Shaar HaBerachot ch.3.

Also note that from there it appears that just as there is a distinction between holiness of kodashim and terumah so too between holiness of Shabbat and Yom Tov (see Likkutei Torah Tzav p.11d) and see Pesachim 104a.

Ponder Zevachim 91a where Rosh Chodesh is holier than Shabbat; perhaps explain based on Admur's citation in Shulchan Aruch Orach Chaim sec.242 regarding Chol HaMoed—that 'mikra kodesh' does not apply except regarding sacrifices—as per Rashi's precision in Zevachim that Musaf offerings of Rosh Chodesh are holier etc.; needs further study.

Summary

This letter demonstrates deep analysis of halachic sources concerning sacrificial laws, ritual purity levels, and distinctions between types of holiness—highlighting careful study of both classic commentaries like Rashi and Rambam as well as later authorities.