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Rambam - 1 Chapter a Day

Avodat Yom haKippurim - Chapter 5

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Avodat Yom haKippurim - Chapter 5

1All of the services which the High Priest performs while wearing the white garments1 inside the Temple Building2 must be performed in the order in which we mentioned. If he performed one of them before another, his acts are of no consequence.3אכָּל עֲבוֹדוֹת שֶׁעוֹבֵד בְּבִגְדֵי לָבָן בִּפְנִים בַּהֵיכָל צָרִיךְ לַעֲשׂוֹתָן עַל הַסֵּדֶר שֶׁבֵּאַרְנוּ; וְאִם הִקְדִּים בָּהֶן מַעֲשֶׂה לַחֲבֵרוֹ, לֹא עָשָׂה כְּלוּם.
2If the High Priest took a handful of incense before he slaughtered the bull, his act is of no consequence.4 Although taking the handful of incense is performed in the Courtyard,5 it is necessary for service performed inside the Temple Building.בקְטֹרֶת שֶׁחֲפָנָהּ קֹדֶם שְׁחִיטַת הַפָּר, לֹא עָשָׂה כְּלוּם. אַף עַל פִּי שֶׁהַחֲפִינָה בָּעֲזָרָה - צֹרֶךְ פְּנִים כַּעֲבוֹדַת פְּנִים הִיא.
Similarly, if the goat was slaughtered before the blood of the bull was presented inside the Holy of Holies, the act is of no consequence.6 Although the slaughter is performed in the Temple Courtyard, its blood is brought within the Temple Building.וְכֵן שָׂעִיר שֶׁשְּׁחָטוֹ קֹדֶם מַתַּן דָּמוֹ שֶׁל פָּר, לֹא עָשָׂה כְּלוּם. אַף עַל פִּי שֶׁהַשְּׁחִיטָה בָּעֲזָרָה, הֲרֵי דָּמוֹ נִכְנָס לִפְנִים.
3If the ram and the goat from the additional sacrifices of the day were offered before the service of the day in the Holy of Holies was performed, they are of no consequence.7גאַיִל וְשָׂעִיר הַמּוּסָפִין שֶׁעָשָׂה אוֹתָן קֹדֶם עֲבוֹדַת הַיּוֹם, אֵינָן כְּלוּם.
4If the blood of the goat was presented in the Holy of Holies before the blood of the bull,8 i.e., before the High Priest completes its service,9 he should sprinkle the blood of the bull as commanded.10 Afterwards, he should bring another goat, slaughter it, and sprinkle its blood as commanded. The first goat is disqualified.דהִקְדִּים דַּם הַשָּׂעִיר לְדַם הַפָּר בְּקֹדֶשׁ הַקֳדָשִׁים קֹדֶם שֶׁיִגְמוֹר עֲבוֹדָתוֹ, - יַזֶּה מִדַּם הַפָּר כְּמִצְוָתוֹ, וְאַחַר כָּךְ יָבִיא שָׂעִיר אַחֵר וְיִשְׁחֹט אוֹתוֹ, וְיַזֶּה מִדָּמוֹ בְּקֹדֶשׁ הַקֳדָשִׁים כְּמִצְוָתוֹ, וְיִפָּסֵל הָרִאשׁוֹן.
If, when sprinkling the blood on the parochet in the Sanctuary, he sprinkled the blood of the goat before the blood of the bull, he should sprinkle the blood of the goat a second time after the blood of the bull.11הִקְדִּים דַּם הַשָּׂעִיר לְדַם הַפָּר בַּמַּתָּנוֹת שֶׁבַּהֵיכָל עַל הַפָּרֹכֶת, יַחְזֹר וְיַזֶּה מִדַּם הַשָּׂעִיר פַּעַם שְׁנִיָּה לְאַחַר דַּם הַפָּר.
5If the blood of the goat12 spilled before he completed presenting it in the Holy of Holies, he should bring other blood13 and begin sprinkling it anew in the Holy of Holies.14הנִשְׁפַּךְ הַדָּם עַד שֶׁלֹּא גָמַר מַתָּנוֹת שֶׁבְּקֹדֶשׁ הַקֳדָשִׁים, יָבִיא דָּם אַחֵר וְיַחְזֹר וְיַזֶּה בַּתְּחִלָּה בְּקֹדֶשׁ הַקֳדָשִׁים.
6If he completed the presentation of the blood in the Holy of Holies and began presenting it in the Sanctuary and the blood was spilled before he completed them, he should bring other blood and begin from the first sprinklings in the Sanctuary.15וגָּמַר מַתָּנוֹת שֶׁבְּקֹדֶשׁ הַקֳדָשִׁים וְהִתְחִיל בַּמַּתָּנוֹת שֶׁבַּהֵיכָל, וְנִשְׁפַּךְ הַדָּם עַד שֶׁלֹּא גָמַר - יָבִיא דָּם אַחֵר, וּמַתְחִיל מִתְּחִלַּת הַזָּיוֹת שֶׁבַּהֵיכָל.
7If he completed the first part of the presentation of the blood in the Sanctuary16 and began to apply the blood17 to the Golden Altar and the blood spilled before the applications were completed, he should bring other blood18 and begin from the first applications to the altar. For each set of presentations of blood represents a separate phase of atonement.19זגָּמַר מַתָּנוֹת שֶׁבַּהֵיכָל וְהִתְחִיל לִתֵּן עַל מִזְבַּח הַזָּהָב, וְנִשְׁפַּךְ הַדָּם עַד שֶׁלֹּא גָמַר - יָבִיא דָּם אַחֵר, וּמַתְחִיל מִתְּחִלַּת מַתְּנוֹת הַמִּזְבֵּחַ; שֶׁכֻּלָּן כַּפָּרָה בִּפְנֵי עַצְמָן הֵן.
8If he completed the application of the blood to the altar and then the blood spilled, he does not have to bring other blood, for pouring the remainder of the blood on the outer altar is not a binding requirement.20חגָּמַר מַתְּנוֹת הַמִּזְבֵּחַ וְאַחַר כָּךְ נִשְׁפַּךְ הַדָּם - אֵינוֹ צָרִיךְ לְהָבִיא דָּם אַחֵר; שֶׁשְּׁפִיכַת הַשְּׁיָרִים עַל מִזְבֵּחַ הַחִיצוֹן אֵינָהּ מְעַכֶּבֶת.
If the blood of the bull was spilled before he completed all of the presentations,21 he should bring another bull and take a handful of incense before slaughtering the bull.22 He should offer the incense, then bring the blood of the second bull and sprinkle its blood.23וְאִם דַּם הַפָּר הוּא שֶׁנִּשְׁפַּךְ קֹדֶם שֶׁיִּגְמֹר כָּל הַמַּתָּנוֹת - הֲרֵי זֶה מֵבִיא פַּר אַחֵר, וְיַחְפֹּן הַקְּטֹרֶת פַּעַם שְׁנִיָּה קֹדֶם שְׁחִיטַת הַפָּר, וְיַקְטִיר הַקְּטֹרֶת, וְאַחַר כָּךְ יָבִיא דָּמוֹ וְיַזֶּה מִמֶּנּוּ.
9The only one which causes the priests and their clothes to become impure24 and which is burnt in the ashpile25 is the last bull with which the atonement was completed.טוְאֵין מְטַמֵּא בְּגָדִים וְאֵין נִשְׂרָף בְּבֵית הַדֶּשֶׁן אֶלָא הַפָּר הַזֶּה הָאַחֲרוֹן שֶׁבּוֹ נִגְמְרָה הַכַּפָּרָה.
10If the blood of the bull became mixed with the blood of the goat before the High Priest completed the sprinklings,26 he should sprinkle from the mixture once upward and seven times downward for the sake of the bull27 and then sprinkle from the mixture once upward and seven times downward for the sake of the goat.28ינִתְעָרֵב לוֹ דַּם הַפָּר בְּדַם הַשָּׂעִיר קֹדֶם שֶׁיִּגְמֹר הַהַזָּיוֹת - נוֹתֵן אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה לְשֵׁם פַּר, וְחוֹזֵר וְנוֹתֵן אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה לְשֵׁם שָׂעִיר.
If they became mixed together before the last sprinkling,29 he should sprinkle once downward for the sake of the bull and then sprinkle once upward and seven times downward for the sake of the goat.נִתְעָרְבוּ בְּמַתָּנָה אַחֲרוֹנָה - נוֹתֵן אַחַת לְמַטָּה לְשֵׁם פַּר, וְחוֹזֵר וְנוֹתֵן אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה לְשֵׁם שָׂעִיר.
11If the cups containing the blood of the bull and the blood of the goat become mixed together and the High Priest does not know which is the cup containing the blood of the bull and which is the cup containing the blood of the goat, he should sprinkle30 from one of them once upward and seven times downward and then sprinkle from the second one, once upward and seven times downward. And then he sprinkles again from the blood in the first cup, once upward and seven times downward. This will ensure that in any event, he will have sprinkled from the blood of the bull and afterwards, from the blood of the goat.31יאנִתְחַלְּפוּ הַכּוֹסוֹת וְלֹא יָדַע אֵיזֶה הוּא כּוֹס דַּם הַפָּר וְאֵיזֶה הוּא כּוֹס דַּם הַשָּׂעִיר - נוֹתֵן מֵאֶחָד מֵהֶן אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה, וְנוֹתֵן מִן הַשֵּׁנִי אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה, וְחוֹזֵר וְנוֹתֵן מִן הָרִאשׁוֹן אַחַת לְמַעְלָה וְשֶׁבַע לְמַטָּה. נִמְצָא מִכָּל מָקוֹם שֶׁנָּתַן מִדַּם הַפָּר וְאַחֲרָיו מִדַּם הַשָּׂעִיר.
12The following rules apply when the High Priest received the blood of the bull in two cups and the blood of the goat in two cups and some of the cups became mixed together and it was not known which of the cups contained the blood of the bull and which, the blood of the goat. He should perform all the sprinklings as required by law from the cups that were not mixed together.32 He should then pour the remainder of the blood from the cups from which he sprinkled on the base of the altar, as required. The cups that were mixed together should be poured into the drainage channel.33יבקִבֵּל דַּם הַפָּר בִּשְׁתֵּי כּוֹסוֹת, וְקִבֵּל דַּם הַשָּׂעִיר בִּשְׁתֵּי כּוֹסוֹת, וְנִתְעָרְבוּ מִקְצַת הַכּוֹסוֹת וְלֹא נוֹדַע כּוֹס דַּם הַפָּר מִכּוֹס דַּם הַשָּׂעִיר - הֲרֵי זֶה מַזֶּה כָּל הַהַזָּיוֹת כְּמִצְוָתָן מִן הַכּוֹסוֹת שֶׁלֹּא נִתְעָרְבוּ, וְשׁוֹפֵךְ שְׁיָרֵי אֵלּוּ שֶׁהִזָּה מֵהֶן עַל הַיְּסוֹד כְּמִצְוָה; וְאוֹתָן הַכּוֹסוֹת שֶׁנִּתְעָרְבוּ יִשָּׁפְכוּ לָאַמָּה.
13Even though the High Priest would purchase the bull sacrificed on Yom Kippur from his own resources,34 as implied by Leviticus 16:6: “The bull for the sin-offering that is his,” the Omnipresent nullified his ownership of it in favor of all of his priestly brethren. For if they did not have a share of it, they could not derive atonement through its sacrifice.35יגפַּר יוֹם הַכִּפּוּרִים, אַף עַל פִּי שֶׁכּוֹהֵן גָּדוֹל קוֹנֶה אוֹתוֹ מִשֶּׁלּוֹ, שֶׁנֶּאֱמַר "פַּר הַחַטָּאת אֲשֶׁר לוֹ" (ויקרא טז, ו; ויקרא טז, יא) - הַמָּקוֹם הִפְקִיר מְמוֹנוֹ בּוֹ לְכָל אֶחָיו הַכּוֹהֲנִים; שֶׁאִלּוּ לֹא הָיָה לָהֶן בּוֹ שֻׁתָּפוּת לֹא הָיוּ מִתְכַּפְּרִין בּוֹ.
Accordingly, if the High Priest died before the bull was slaughtered, the priest who assumes his position does not bring a different bull. Instead, he slaughters the first one. It is not considered a sin-offering whose owners have died which is itself consigned to death,36 for a sin-offering owned by many is never consigned to death.לְפִיכָךְ אִם מֵת כּוֹהֵן גָּדוֹל קֹדֶם שֶׁיִּשָּׁחֵט הַפָּר - הַכּוֹהֵן שֶׁעוֹמֵד תַּחְתָּיו אֵינוֹ מֵבִיא פַּר אַחֵר, אֶלָא שׁוֹחֵט אֶת שֶׁל רִאשׁוֹן. וְאֵינוֹ חַטָּאת שֶׁמֵּתוּ בְּעָלֶיהָ שֶׁתָּמוּת, שֶׁאֵין חַטַּאת הָרַבִּים מֵתָה.
If the High Priest slaughtered the bull, but died before sprinkling its blood to gain atonement, the second priest enters the Temple with this blood and performs the sprinkling that brings atonement.שָׁחַט אֶת הַפָּר וּמֵת קֹדֶם שֶׁיְּכַפֵּר בְּדָמוֹ - הַכּוֹהֵן הָאַחֵר נִכְנָס בְּדָם זֶה וּמְכַפֵּר בּוֹ.
14The desired manner of performing the mitzvah is that the two goats of Yom Kippur37 should be alike with regard to their appearance, their size, and their worth.38 They should be purchased at the same time. Nevertheless, even if they were not alike, they were acceptable.39 Similarly, if one was purchased on one day and the other on the following day, it is acceptable.ידשְׁנֵי שְׂעִירֵי יוֹם הַכִּפּוּרִים מִצְוָתָן שֶׁיִּהְיוּ שָׁוִין בְּמַרְאֶה וּבְקוֹמָה וּבְדָמִים, וּלְקִיחָתָן כְּאַחַת. אַף עַל פִּי שֶׁאֵינָן שָׁוִין - כְּשֵׁרִים. לָקַח אֶחָד מֵהֶן הַיּוֹם וְאֶחָד לְמָחָר - כְּשֵׁרִים.
15The following rules apply if one of these goats die. If it dies before the lottery was held, he should take another one as a pair for the remaining one.40 If it died after the lottery, he should bring two new goats and conduct the lottery again as he did originally. He sees which one died. If it was the one to be sacrificed to G‑d, he says: “This one for which the lot for God was chosen should replace it.” If the dead goat was the one to be sent to Azazel, he says: “This one for which the lot for Azazel was chosen should replace it.”טומֵת אֶחָד מֵהֶן: אִם עַד שֶׁלֹּא הִגְרִיל מֵת, יִקַּח זוּג לַשֵּׁנִי. וְאִם מִשֶּׁהִגְרִיל מֵת - יָבִיא שְׁנַיִם וְיַגְרִיל עֲלֵיהֶן בַּתְּחִלָּה. וְרוֹאֶה אֵיזֶה הוּא שֶׁמֵּת: אִם הָיָה שֶׁל ה', אוֹמֵר 'זֶה שֶׁעָלָה עָלָיו הַגּוֹרָל לַה' יִתְקַיֵּם תַּחְתָּיו'; וְאִם הָיָה הַמֵּת שֶׁל עֲזָאזֵל, יֹאמַר 'זֶה שֶׁעָלָה עָלָיו הַגּוֹרָל לַעֲזָאזֵל יִתְקַיֵּם תַּחְתָּיו'.
The other one of the pair from which the second lottery was made should be left to pasture until it receives a disqualifying blemish.41 Then it should be sold and the proceeds used for freewill offerings. This course of action is taken, because a communal sin-offering is never consigned to death.42וְהַשֵּׁנִי מִן הַשְּׁנַיִם שֶׁהִגְרִיל עֲלֵיהֶן בַּסּוֹף, יִרְעֶה עַד שֶׁיִּפֹּל בּוֹ מוּם; וְיִמָּכֵר, וְיִפְּלוּ דָּמָיו לִנְדָבָה; שֶׁאֵין חַטַּאת הַצִּבּוּר מֵתָה.
16When the bull and/or the goat to be offered on Yom Kippur became lost, others were separated in their stead and offered and then the first ones were found, those first ones should pasture until they contract a disqualifying blemish. Afterwards, they should be redeemed and the proceeds used for freewill offerings.43טזפַּר וְשָׂעִיר שֶׁל יוֹם הַכִּפּוּרִים שֶׁאָבְדוּ, וְהִפְרִישׁ אֲחֵרִים תַּחְתֵּיהֶן, וְקָרְבוּ, וְנִמְצְאוּ הָרִאשׁוֹנִים - יִרְעוּ עַד שֶׁיִּסְתָּאֲבוּ, וְיִמָּכְרוּ, וְיִפְּלוּ דְּמֵיהֶן לִנְדָבָה.
Similarly, if the first ones were found before the second were offered, the first ones should be sacrificed.44 The second ones should be allowed to pasture until they contract a disqualifying blemish. Afterwards, they should be redeemed and the proceeds used for freewill offerings. The rationale for these rulings is that a communal sin-offering is never consigned to death.וְכֵן אִם נִמְצְאוּ הָרִאשׁוֹנִים קֹדֶם שֶׁיִּקְרְבוּ אֵלּוּ - יִקְרְבוּ הָרִאשׁוֹנִים, וְיִרְעוּ הַשְּׁנִיִּים עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיִפְּלוּ דְּמֵיהֶן לִנְדָבָה. שֶׁאֵין חַטַּאת הַצִּבּוּר מֵתָה.
17A disqualifying blemish45 —even a temporary blemish—renders the goat sent to Azazel unfit. Similarly, if it becomes unfit to be sacrificed because of a time factor, it is disqualified. For example, its mother was slaughtered to feed a sick person on Yom Kippur.46 Although the pertinent prohibition involves “slaughtering” an animal and its offspring on the same day, pushing the goat to Azazel is equivalent to slaughtering it.יזהַמוּם פּוֹסֵל בְּשָׂעִיר הַמִּשְׁתַּלֵּחַ, אַפִלּוּ מוּם עוֹבֵר. וְכֵן אִם נַעֲשָׂה מְחֻסַּר זְמַן - נִפְסַל. כְּגוֹן שֶׁנִּשְׁחֲטָה אִמּוֹ לְחוֹלֶה בְּיוֹם הַכִּפּוּרִים; שֶׁדְּחִיָּתוֹ לַעֲזָאזֵל הִיא שְׁחִיטָתוֹ.
18If the goat was treifah,47 it is unacceptable, for Leviticus 16:10 states: “It shall stand alive.”48יחהָיָה טְרֵפָה - פָּסוּל, שֶׁנֶּאֱמַר "יָעֳמַד חַי" (ויקרא טז, י).
19If the goat becomes sick and is unable to walk, the one taking it to Azazel should carry it on his shoulders, even on the Sabbath.49יטחָלָה הַשָּׂעִיר וְאֵינוֹ יָכוֹל לְהַלֵּךְ - מַרְכִּיבוֹ עַל כְּתֵפוֹ, וְאַפִלּוּ בַּשַּׁבָּת.
20If the one designated to take it becomes sick, it should be sent with another person.50כחָלָה הַמְּשַׁלֵּחַ, הֲרֵי זֶה מְשַׁלְּחוֹ בְּיַד אַחֵר.
21If the one designated to take it becomes impure, he should enter the Temple take it and depart,51 as Leviticus 16:21 states: “to the desert in the hands of a designated person.” Implied is that it should be sent in the hands of the one designated even if he became ritually impure.כאנִטְמָא הַמְּשַׁלֵּחַ - הֲרֵי זֶה נִכְנָס לַמִּקְדָּש וְנוֹטְלוֹ וְיוֹצֵא, שֶׁנֶּאֱמַר "בְּיַד אִישׁ עִתִּי" (ויקרא טז, כא) - בְּיַד זֶה שֶׁהוּכַן, אַפִלּוּ נִטְמָא.
22If that person pushed the goat off the cliff and it did not die, he should descend after it and kill it with any article that will serve that purpose. It is permitted to benefit from the limbs of this goat.52כבדְּחָפוֹ וְנָפַל הַשָּׂעִיר וְלֹא מֵת - יֵרֵד אַחֲרָיו, וִימִיתֶנּוּ בְּכָל דָּבָר שֶׁמְּמִיתוֹ. וְאֵיבָרֵי שָׂעִיר זֶה מֻתָּרִין בַּהֲנָאָה.
23If the roof of the Temple Building was opened, the High Priest should not sprinkle the blood of the bull and the blood of the goat, because ibid.:17 states: “in the Tent of Meeting.”53כגנִפְחֲתָה תִּקְרָה שֶׁל הֵיכָל - לֹא הָיָה מַזֶּה, שֶׁנֶּאֱמַר "בְּאֹהֶל מוֹעֵד" (ויקרא טז, יז).
24When the inner altar had not been dedicated by the offering of incense previously,54 the High Priest should not sprinkle the blood upon it, as ibid. 4:7 states: “the altar of the incense offering.”כדמִזְבֵּחַ שֶׁלֹּא נִתְחַנֵּךְ בַּקְּטֹרֶת - לֹא יַזֶּה עָלָיו, שֶׁנֶּאֱמַר "מִזְבַּח קְטֹרֶת הַסַּמִּים" (ויקרא ד, ז).
25If the incense offering was lacking one of its spices55 or the smoke-raising herb, the High Priest is liable for death,56 as Leviticus 16:2 states: “He shall not die, because in a cloud I will appear on the kaporet.”כהחָסַּר מִן הַקְּטֹרֶת אֶחָד מִסַּמָּנֶיהָ אוֹ מַעֲלֶה עָשָׁן - חַיָּב מִיתָה עָלֶיהָ, שֶׁנֶּאֱמַר "וְלֹא יָמוּת כִּי בֶּעָנָן אֵרָאֶה עַל הַכַּפֹרֶת" (ויקרא טז, ב).
Similarly, he is liable for death57 for entering the Holy of Holies while he is not performing a mitzvah. Therefore, if he transgressed inadvertently by entering,58 but purposely offered an unacceptable incense offering or offered a complete incense offering together with the one that was lacking, he is liable for death.59וְכֵן חַיָּב מִיתָה עַל בִּיאָתוֹ בְּלֹא מִצְוָה. לְפִיכָךְ אִם שָׁגַג בַּבִּיאָה וְהֵזִיד בַּקְּטֹרֶת, אוֹ שֶׁנִּכְנַס בִּקְטֹרֶת שְׁלֵמָה עִם הַחֲסֵרָה - חַיָּב מִיתָה.
26If he offered an olive-sized portion of the incense offering to be offered in the Holy of Holies in the Sanctuary, he is liable for death.כוהִקְטִיר מִן הַקְּטֹרֶת שֶׁל קֹדֶשׁ הַקֳדָשִׁים כְּזַּיִת בַּהֵיכָל, חַיָּב מִיתָה.
27Taking a handful of incense is considered as an element of the Temple service and improper thoughts60 can disqualify it.כזחֲפִינַת הַקְּטֹרֶת - עֲבוֹדָה, וְהַמַּחֲשָׁבָה פּוֹסֶלֶת בָּהּ.
Similarly, the scooping of the coals for the incense offering can be disqualified by improper thoughts,61 for performance of the preparatory acts necessary to bring a sacrifice is considered as bringing the sacrifice itself.וְכֵן חֲתִיַּת הַגֶּחָלִים לַקְּטֹרֶת, נִפְסֶלֶת בְּמַחֲשָׁבָה; שֶׁמַּכְשִׁירֵי קָרְבָּן כְּקָרְבָּן.
28There is doubt regarding the proper ruling in all of the following incidents:62 a) he collected the incense with his fingertips, with the sides of his hands, or scooped from below upward;63 b) he gathered the incense with both hands and then brought them together; c) the incense was scattered on the earth from his hand and he collected it; d) a colleague gathered the incense and put it in his hands; or e) a High Priest collected the incense and died and his replacement entered the Holy of Holies with the incense collected by the first. In all these instances, as an initial preference, he should not offer such incense. If he did, it is acceptable.כחחָפַן בְּרָאשֵׁי אֶצְבְּעוֹתָיו, אוֹ מִן הַצְּדָדִין, אוֹ מִמַּטָּה לְמַעְלָה, אוֹ שֶׁחָפַן בְּיָדוֹ זוֹ וּבְיָדוֹ זוֹ וְקֵרְבָן זוֹ לְזוֹ, אוֹ שֶׁנִּתְפַּזְּרָה קְטֹרֶת מִיָּדוֹ עַל הָאָרֶץ וַאֲסָפָהּ, אוֹ שֶׁחָפַן חֲבֵרוֹ וְנָתַן לְחָפְנָיו, אוֹ שֶׁחָפַן וּמֵת וְנִכְנַס שֵׁנִי בְּמַה שֶׁחָפַן רִאשׁוֹן - כָּל אֵלּוּ סָפֵק, וְלֹא יַקְטִיר; וְאִם הִקְטִיר, הֻרְצָה.
Blessed be the Merciful One Who grants assistance.בְּרִיךְ רַחֲמָנָא דְּסַיְּעַן

Quiz Yourself on Avodat Yom haKippurim Chapter 5

Footnotes
1.

In contrast, after the fact, if he performs the services that must be performed while wearing his golden gannents in an improper sequence, they are not disqualified.

2.

In contrast, after the fact, the service of the High Priest is not disqualified if he performs the tasks performed outside the Temple Building - e.g., the lottery for the goats, the confessions, and the like in an improper order.
Based on Rashi’s commentary to Yoma 60a, there are some who suggest that the text of the Mishneh Torah should be amended to read “further within than the Temple Building” i.e., referring to the tasks performed within the Holy of Holies alone. The Meiri, the Tosafot Yom Tov (in his gloss to Yoma 5:6), and others, however, understand the Rambam as speaking about both the tasks performed in the Sanctuary and those performed in the Holy of Holies. This interpretation is borne out by the later halachot in this chapter.

3.

And he must perform all the services again.
In Sefer HaMitzvot (positive mitzvah 49), the Rambam uses this law as a proof of his contention that all of the special services performed by the High Priest on Yorn Kippur are considered as a single positive commandment.

4.

And new incense must be taken afterwards.

5.

And thus based on the statements of the previous halachah, one might assume that the fact that these two tasks were not performed in the proper order is not significant.

6.

And another goat must be slaughtered after the presentation of the blood of the bull.

7.

And another ram and goat must be sacrificed afterwards. Although the ram and the goat are sacrificed in the Temple Courtyard, since they should be sacrificed after the special services of the day, they are unacceptable if sacrificed beforehand.

8.

Based on Halachah 2, we must interpret this as referring to a situation where the High Priest already started presenting the blood of the bull in the Holy of Holies, stopped, slaughtered the goat, and then began presenting its blood.

9.

I.e., he should not complete presenting the blood of the goat.

10.

Completing the sprinklings in the Holy of Holies.

11.

Since the blood of the bull was already sprinkled in the Holy of Holies, the blood of the goat is not disqualified entirely. The first sprinklings of its blood on the parochet are, however, unacceptable.

12.

With regard to the blood of the bull, see Halachah 8.

13.

I.e., slaughter another goat and bring its blood. There is no need to slaughter another bull and offer its blood again (Rav Yosef Corcus).

14.

None of the original sprinklings are acceptable.

15.

He does not, however, have to reenter the Holy of Holies and perform the sprinklings there again. For as explained in the conclusion of the following halachah, each set of sprinklings represents a separate phase of atonement.

16.

I.e., on the Parochet.
The bracketed additions are necessary for the Golden Altar is also located in the Sanctuary.

17.

As mentioned in Chapter 4, Halachah 2, for these applications, the blood of the bull had already been mixed with the blood of the goat.

18.

Slaughtering another bull and another goat; see Halachah 2.

19.

For Leviticus 16:20 states: “When he finished atoning for the Sanctuary, the Tent of Meeting, and the Altar,” indicating that each of these represents a separate phase (Yoma 61a).

20.

See Hilchot Ma’aseh HaK.orbanot 19:4.

21.

Including those on the outer altar.

22.

The commentaries have questioned the wording of this phrase based on Halachah 2, which states that if the incense offering is offered before the slaughter of the bull it is of no consequence. Rabbenu Y ehoshua, one of the Rambam’s descendants, explains that since the first bull was slaughtered before the offering of the incense, the incense should be offered before the slaughter of the second bull. The Kessef Mishneh and Rav Yosef Corcus differ and maintain that “before” is simply a printing mistake and the text should read “after.”

23.

Beginning with the sprinklings in the Holy of Holies.

24.

As Leviticus 16:28 states: “The one who bums it [the bull] must wash his clothes and immerse his flesh in the water.” See also Hilchot Parah Adumah 5:4.

25.

See Chapter 3, Halachah 8. The body of the bull whose blood was spilled is burnt in the Temple Courtyard (see Hilchot Ma’aseh HaKorbanot 7:3).

26.

This is speaking about a situation where the High Priest completed the sprinkling of the blood of the bull in the Holy of Holies, but before he completed the sprinklings on the Parochet, the blood of the goat became mixed with it. For, as stated in Halachah 2, if the goat was slaughtered before the presentation of the blood of the bull in the Holy of Holies, the entire procedure is disqualified (Kessef Mishneh, quoting Rav Yosef Corcus).

27.

We assume that in every sprinkling there will be some of the blood of the bull. The fact that the blood of the goat is also mixed together with it is not significant (Rav Yosef Corcus).

28.

Conversely, we assume that in every sprinkling there will be some of the blood of the goat. The fact that the blood of the bull is also mixed together with it is not significant.

29.

I.e., he had already sprinkled the blood of the bull once upward and six times downward.

30.

This is also speaking about an instance where the blood of the bull was already sprinkled in the Holy of Holies for the same reason mentioned in note 26.

31.

If the first cup contains the blood of the bull, the first two sprinklings will have been carried out in order. The fact that he sprinkled the blood of the bull again is not significant. And if the second cup contained the blood of the bull, the last two sprinklings will have been carried out in order, the fact that he sprinkled the blood of the goat first is not significant.

32.

Although the previous halachot gave us means to correct the situation when the cups of blood became mixed together, in those instances, there was no alternative to perform the sprinklings as required. In this instance, however, there is a way to perform the sprinklings properly.

33.

See Hilchot Pesulei HaMukdashim 2:21.

34.

See Chapter 1, Halachah 1.

35.

As stated in Hilchot Shegagot 11:9, this sacrifice enables the priests to receive atonement for the willful violation of the prohibitions against entering the Temple in a state of impurity and partaking of sacrificial foods in a state of impurity.

36.

See Hilchot Pesulei HaMukdashim 4:1.

37.

I.e., the goats for which the lottery was made.

38.

Yoma 62b notes that the Torah (Leviticus 16:5,7,8) uses the phrase “the two goats” three times and on that basis, infers that the goats should be alike in these three matters.

39.

In his Commentary to the Mishnah (Yoma 6:1), the Rambam writes that the fact that afterwards, the Torah uses the term “the goat,” instead of” the one,” implies that any goat is acceptable.

40.

I.e., the one that remains from the first pair is used, together with the one chosen in the second lottery. Although there is an opinion in the Talmud (Yoma, foe. cit.), which maintains that both goats in the new pair should be used, the Rambam does not accept it. In his Commentary to the Mishnah (Yoma 6:1), he explains that his decision is based on the principle that “Living animals are never permanently disqualified” (Zevachim 59a). See Hilchot Ma’aseh HaKorbanot 15:4; Hilchot Pesulei HaMukdashim 3:23, 6:1; Hilchat Shegagot 3:8, et al, where this principle is mentioned.
Significantly, in his original version of his Commentary to the Mishnah (which forms the body of the standard published text of that work), the Rambam favored the view that animals can be permanently disqualified. According to that view, once the remaining goat of the first pair was disqualified because its pair died - it can never become acceptable again.
In his notes to that mishnah, Rav Kappach explained that originally the Rambam accepted the opinion of Rabbi Y ochanan, because usually, in differences of opinion between him and Rav (who follows the opposing view), Rabbi Yochanan’s view is followed. Nevertheless, his final opinion follows that of Rav, because this case is considered exceptional, because the Talmud considers Rav’s view as substantiated by the wording of the mishnah. See also the gloss of the Kessef Mishneh to Hilchot Ma’aseh Hakorbanot, loc.cit.

41.

Since it was consecrated it can no longer be used for ordinary purposes until it is redeemed. Nevertheless, it cannot be offered for the purpose for which it was consecrated since the goat from the original pair will be used instead. Hence, the advice offered by the Rambam is followed.

42.

In contrast, sin-offerings brought by private persons can be consigned to death, as stated in Hilchot Pesulei HaMukdashim 4:1-3.

43.

See Hilchot Mechusrei Kapparah 4:2.

44.

Since they were originally designated for the offering, they should be given priority.

45.

See Hilchot Issurei Mizbeiach, chs. 1-2.

46.

I.e., as stated in Leviticus 21:28 and Hilchot Shechitah 12:1-2, it is forbidden to sacrifice an animal and its offspring on the same day. No matter which is slaughtered first, one must wait until the following day to sacrifice the other. Hilchot Ma’aseh HaKorbanot 18:8 explains that accordingly, if an animal was slaughtered on a particular day, it is forbidden to offer its mother or its offspring as a sacrifice on that day. Now how could an animal other than a sacrifice be slaughtered on Yom Kippur? When a person was sick and required meat, as the Rambam explains.

47.

An animal that will die within twelve months.

48.

And an animal that is treifah is not considered as alive in a halachic sense. The commentaries note that the Rambam’s interpretation of the Biblical phrase does not have an apparent source in prior Rabbinic literature. The law the Rambam mentions is found in Chullin 11 b, but another reason is given. The Mishneh LiMelech explains that the rationale given by the Rambam is more inclusive than that given by the Talmud. For according to the rationale given by the Talmud, the goat would be disqualified only if it was treifah at the time of the lottery, while according to the Rambam, even if the animal becomes treifah after the lottery, it is disqualified.

49.

Generally, we follow the principle (Shabbat 94aHilchot Shabbat 20:4): “A living animal carries itself.” Hence there would be no prohibition in carrying the goat. Nevertheless, if the goat is so sick that it cannot walk, that prohibition would apply. Although the prohibitions against carrying and transferring an object from one domain to another are the same on Yorn Kippur as on the Sabbath, the Sabbath is mentioned, for one might think that the license is granted only on Yorn Kippur - because it is one of the services of that day and not on the Sabbath (Keritot 14a).

50.

Although as mentioned in the following halachah (and in Chapter 3, Halachah 7), the person who takes the goat to Azazel should be designated on the previous day, if that is not possible, anyone can take his place. We do not designate a replacement beforehand (as is done for the High Priest), because this is an unlikely occurrence.

51.

Even though, generally, it is forbidden to enter the Temple in a state of ritual impurity.

52.

Yoma 67b states that the Torah would not have sent the goat out to be a spiritual obstacle for others. For a traveler through the desert might encounter one of its limbs and desire to benefit from it.

53.

And a tent must have a roof (Zevachim 40a).

54.

See Hilchot Temidim UMusafim 3:1 which state that it must be dedicated by the afternoon incense offering.

55.

See Hilchot K’lei HaMikdash 2:2-4 for a description of the different herbs and spices included in the incense offering.

56.

At the hand of heaven for not offering the incense offering.

57.

At the hand of heaven. See Hilchot Bi’at HaMikdash 2:1-4.

58.

I.e., he did not know that it was forbidden to enter without service.

59.

The Kessef Mishneh explains that this is an extension of the law stated in Hilchot Ma’aseh HaKorbanot 19:8.

60.

See Hilchot Pesulei HaMukdashim 13: for a description of the improper thoughts that can disqualify sacrificial service.

61.

This is a question that is left unresolved by Yoma 48b. Hence the Rambam rules stringently. He does not state that there is doubt regarding the ruling as he does in the instances mentioned in the following halachot, because it is preferable for him to scoop out new coals (Kessef Mishneh).

62.

All of these are questions left unresolved by Yoma 47b-49a.

63.

Rav Yosef Corcus explains that the manner in which the handful of incense is taken parallels the manner in which a handful of flour is taken for the meal offerings (see Hilchot Ma’aseh HaKorbanot 13:13. Thus the proper manner for the High Priest to gather the incense is for him to stretch out his hand and his fingers, laying the back of his hand against the incense. He should press down so his hand sinks into the incense. He should then clo. se his fingers so the incense is collected in his palms.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.