Rambam - 3 Chapters a Day
Pesulei Hamukdashim - Chapter 5, Pesulei Hamukdashim - Chapter 6, Pesulei Hamukdashim - Chapter 7
Pesulei Hamukdashim - Chapter 5
Pesulei Hamukdashim - Chapter 6
Pesulei Hamukdashim - Chapter 7
Quiz Yourself on Pesulei Hamukdashim Chapter 5
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Quiz Yourself on Pesulei Hamukdashim Chapter 7
This ruling is comparable to that governing an animal set aside as a sin-offering whose owner died, as mentioned in Chapter 4, Halachah 1. Since this money was set aside to be used for a sin-offering, it may not be used for any other purpose. Hence, it should be cast in a place where no one will benefit from it. See the Rambam’s Commentary to the Mishnah (Temurah 4:2).
Although the term Yam HaMelach is generally translated as “the Dead Sea,” it literally means “the Salt Sea.” In several places in his Commentary to the Mishnah, however, the Rambam interprets the term as referring to the Mediterranean.
I.e., this ruling is comparable to that governing an animal set aside as a sin-offering which was lost and the owner attained atonement through the sacrifice of another animal, as stated in Chapter 4, op. cit.
Since both sets of money were set aside for the purchase of a sin-offering, they should be used primarily for that purpose. It is preferable to purchase a more expensive animal for a sin-offering than to have more money left over to purchase burnt-offerings.
Since the money was not used until then and the person did not yet gain atonement, any funds that remain can be used for another purpose.
For the same reasoning as in the previous halachah.
He should not, combine the two to purchase a single offering.
See Chapter 4, Halachah 5.
For the consecration was made in error and hence is not binding. See Chapter 4, Halachah 20.
I.e., with regard to money, the money should be used to purchase freewill offerings. With regard to an animal, the animal should be left to pasture until it contracts a disqualifying blemish. It should then be sold and the proceeds used for freewill offerings (Kessef Mishneh). Since he did not specify which of the animals should be associated with the particular sin and he is liable for one sin-offering, the remaining animal is not considered to have been consecrated in error (Rav Yosef Corcus).
Since he said, “from these,” the implication is that all of the coins were not consecrated, only those necessary to purchase the animal for the sin-offering.
This phrase introduces a conclusion drawn by the Rambam through logic that is not based on any explicit prior Rabbinic source. The rationale is that when bringing a sin-offering, it is likely that the person feels remorse and is willing to give more to attain atonement. Nevertheless, none of the extra money is consecrated. It follows logically that this principle should also apply with regard to a freewill offering, in which instance the donor may not be as powerfully motivated.
The Ra’avad accepts the Rambam’s conclusion with regard to sacrifices that one is obligated to bring, but differs with regard to burnt-offerings and peace-offerings that one gives of his own volition. In those instances, he maintains that the extra money should be used for those sacrifices. The Kessef Mishneh, however, substantiates the Rambam’s approach.
See Hilchot Ma’aseh HaKorbanot 12:4; Hilchot Shegagot 10:4.
Note the Rambam’s Commentary to the Mishnah (Shekalim 2:5) which states that since we are speaking about what remains after bringing a sin-offering, it should be used to bring freewill burnt-offerings.
I.e., in this and the following situations, the person required to bring a meal-offering brought more than the required amount.
See Hilchot Ma’aseh HaKorbanot 13:2.
For the concept that the remainder of what was set aside should be used for burnt-offerings was stated with regard to sin-offerings and not these types of sacrifices (Menachot 108a).
See Hilchot Ma’aseh HaKorbanot 9:5 which states that the breads are integral parts of these two types of offerings.
The rationale is that these breads are not considered as independent sacrifices, but as elements of the thanksgiving or nazirite offerings. Hence they were consecrated and may only be used - for those sacrifices.
For wine libations are sacrifices of the highest degree of sanctity. Hence the laws governing them are the same as those governing sin-offerings and guilt-offerings.
Hilchot Shekalim 3-13.
The requirement for these individuals to bring doves as sacrifices is mentioned in Hilchot Mechusrei Kapparah 1:3.
Ibid. 2:2-3, and in several instances in this and the previous chapter.
For they are both sacrifices of a lesser degree of holiness [the Rambam’s Commentary to the Mishnah (Shekalim 2:5)].
See Hilchot Nizirut 9:1 which states: “[The following rules apply when a person] sets aside money for the sacrifices of [poor] nazirites, those sacrifices were offered, and there is money left over. He should bring sacrifices of other nazirites with those funds.” In his Commentary to the Mishnah, op. cit., the Rambam interprets this teaching as referring to nazirites who desire to pool their offerings.
Since the money was designated for the offerings of that particular person, it cannot be used for the sacrifices of another nazirite.
See Hilchot Shegagot 1:3 and ch. 10, which explains that there are certain transgressions for which the atonement offering required varies according to the transgressor's financial capacity.
As obligated of a person who violated these sins but did not have the means to purchase an animal as a sacrifice.
Keritot 27b derives this law through a process of Biblical exegesis.
As obligated of a person who violated these sins but did not have the means to purchase doves as a sacrifice.
The bracketed additions are based on Hilchot Shegagot 10:11.
Even though the animal had already been purchased for the sacrifice, since it was disqualified and his status changed, he is allowed to use the proceeds from its sale to bring a lesser offering.
Hilchot Issurei Mizbeiach 6:4. This applies only to a fowl itself. Money set aside for a fowl may be redeemed, as stated in the previous halachah.
I.e., the individuals mentioned at the beginning of Halachah 9.
Generally, a pair of doves includes one to be offered as a burnt-offering and one as a sin-offering.
The person must, however, bring another dove(s) for the other burnt- or sin-offerings he or she is obligated to bring.
I.e., if the owners specify which doves are to be offered for which specific offering, the fowl is designated for that purpose. Alternatively, if such a distinction was not made, they become designated by the priest at the time he offers them (Keritot 28a; see Chapter 8, Halachah 8).
Were, however, the fowl to have been designated for sin-offerings, they would be consigned to die, as evident from Halachah 1. See also the previous chapter.
The Ra’avad differs and, based on Nazir 27a, maintains that the text should read: “He should not bring a sin-offering.... He should not bring a burnt-offering.” He also explains that this version is preferable, for, otherwise, there would be no reason why the money mentioned in the following clause should be consigned to be destroyed. Seemingly, there is no difference between that clause and the situation mentioned in the previous halachah.
The Kessef Mishneh maintains that the Rambam had a different version of that text. Because of the difficulties the Ra’avad raised, the Kessef Mishneh suggests a third version: If he desires to bring a sin-offering, he should. If he desires to bring a burnt-offering, he should not.
According to the Rambam, since he has an obligation to bring a sin-offering and did not clarify his intent, we must accept the possibility that the money is associated with a sin-offering and must be done away with, as stated in Halachah 1.
For killing a human; see Exodus 21:29-32; Hilchot Nizkei Mammon, ch. 10. As stated in Hilchot Issurei Mizbeiach 3:6, such an animal is unfit for sacrifice on the altar. In his Commentary to the Mishnah (Zevachim 8:1), the Rambam states that, in this context, the term also applies to an ox that was sodomized by or forced to participate in sexual relations with - a Jew, for it is also condemned to be executed.
For it is possible that every animal is that animal condemned to die.
I.e., according to Scriptural Law, a forbidden substance is considered as insignificant if mixed with a larger volume of permitted substances (Hilchot Ma'achalot Assurot 15:1). Even according to Rabbinic Law, it is considered insignificant if mixed with more than sixty times its volume in most situations (ibid.:5). Nevertheless, this situation is an exception for the reason stated by the Rambam.
For their designated purpose.
This is a general principle applicable in many contexts (Chapter 4, Halachah 24; Hilchot Ma'aseh HaKorbanot 15:4). Thus the fact that as an initial preference the animal should not have been sacrificed is not significant, for according to Scriptural Law, the presence of the forbidden animal is nullified. Hence, after the fact, the sacrifice is acceptable.
E. g., animals that were set aside for sacrifice to false deities, an animal given to a prostitute, or one exchanged for a dog. See a full listing of such animals in Hilchot lssurei Mizbeiach 3:11.
For perhaps the sacrificial animal was the most choice one.
After selling the animals, the person obligated to bring the offerings must say: “The holiness of the sacrificial animal is transferred to these funds” and with those funds, he should purchase a new sacrificial animal.
Even though the owner does not know which four animals they are, he may sell them (Rav Yosef Corcus). To avoid the difficulty mentioned in the following halachah, however, the owners must specify which animals are being given to the purchaser.
And should be sacrificed for the purpose for which the animal was consecrated originally.
For it is possible that any one of them is the consecrated animal.
E. g., burnt-offerings with burnt-offerings.
See Hilchot Ma’aseh HaKorbanot 3:5.
Although, after the fact, the sacrifice is acceptable if semichah is not performed, as an initial preference, one should not offer it unless that rite could be performed.
Rabbi Akiva Eiger questions the Rambam’s statements here, noting that in Hilchot Meilah 4:8, the Rambam rules that a person cannot sell an animal set aside as a peace-offering or as a burnt-offering. By the same reasoning, it would seem that it would be forbidden to make the exchange mentioned here.
I.e., in the example given above, to offer both of them as a burnt-offering.
See the explanation of this principle in Halachah 12. This rationale is given by Zevachim 8:3 with regard to a peace-offering and a guilt-offering that became mixed together, for it is possible that the meat of one of the animals will not be finished during the first night and will therefore be disqualified, lest it be that of the guilt-offering. This is undesirable, because perhaps it is from the peace-offering and thus it will be disqualified, before its appropriate time (for peace-offerings may be eaten on the following day as well).
This explanation of this concept is slightly different for a mixture of a peace-offering and a burnt-offering, since a burnt-offering is not eaten at all. Instead, in that instance, offering the peace-offering as a burnt-offering is forbidden, based on Hilchot Issurei Mizbeiach 5:4 which states that it is forbidden to offer the meat of sacrifices of a lesser degree of sanctity on the altar. As a result, the meat of the sacrifice is disqualified.
As explained in the previous note. See also Hilchot Ma’aseh HaKorbanot 10:12.
For example, a firstborn offering which may be eaten only by priests, became mixed with a tithe offering that can be eaten be anyone.
Sacrifices of the most sacred order may be eaten only in the Temple Courtyard, while sacrifices of lesser sanctity may be eaten throughout the city of Jerusalem.
I.e., for this reason, we do not merely take one animal for one type of sacrifice and another for the other.
The difference between the price of the most choice animal and the other animal.
Using another animal so that he will not delay the fulfillment of his obligation.
I.e., before these animals became blemished.
As is the law with regard to an animal set aside as a sin-offering that was lost and another was offered in its place (Chapter 4, Halachah 1). Since the animal cannot be sacrificed because its identity is unknown, it is as if it was lost (see Rav Yosef Corcus who discusses this issue). Since it is not known which one of the mixture was consigned to death, both are given that fate.
As stated in Chapter 5, Halachah 1, with regard to money set aside for a sin-offering that was lost.
Rambam LeAm states that this refers to the money that remains after some of the money was used to purchase a sin-offering.
I.e., he desires to transfer its holiness to the other animal, in which instance, we follow the rule (Leviticus 27:33): "It and the animal exchanged for it shall be holy."
There is an obligation to wave the thanksgiving-offering together with its bread (Hilchot Ma'aseh HaKorbanot 9:6-7). When an animal designated as a thanksgiving-offering is exchanged for another animal, the holiness of the original offering is not nullified. Nevertheless, the second animal should also be offered as a sacrifice, but bread should not be offered together with it (Chapter 12, Halachah 8). In this instance, since we do not know which is the original animal and which is the one exchanged for it, the bread should be waved with both of them.
The Ra’avad states that bread should not be brought with the second thanksgiving-offering. The Kessef Mishneh states that, since the thanksgiving-offering had already been brought, this is obvious. The Ra’avad mentioned the matter only lest one will think that it is parallel to the situation described in the first clause.
The forearm of the nazirite’s ram may be eaten only by the priests (Hilchot Ma’aseh HaKorbanot 10:4). Thus to a certain extent, the amount of people eligible to partake of the sacrifice is being reduced (see Ra’avad), because a thanksgiving-offering can be eaten by everyone (Hilchot Ma’aseh HaKorbanot). Nevertheless, since only one limb is involved, it is not considered significant (Kessef Mishneh).
A blemished firstborn animal may be eaten as ordinary meat. There are, however, some restrictions that apply; see Hilchot Issurei Mizbeiach 1:12; Hile hot Bechorot 1:18.
Pesachim 98b states that one should also transfer the holiness of the blemished Paschal sacrifice to another animal and offer it as a peace-offering. The Rambam mentions this point in his restatement of the law in Hilchot Korban Pesach 4:8.
For they are both sacrifices of a lesser degree of sanctity. As Pesachim 98b relates even if there is company of priests, they should not offer these animals on the fourteenth of Nisan for the reason stated by the Rambam.
I.e., according to Rabbinic decree (Hilchot Korban Pesach 8:15).
As the firstborn offering could be, if forced to be eaten within the time restrictions of the Paschal sacrifice.
As would be done with regard to the people eligible to partake of the Paschal sacrifice.
After contracting a blemish, an animal set aside as a tithe offering may be eaten as ordinary meat. There are, however, some restrictions which apply; see Hilchot Bechorot 6:6. As above, the holiness of the Paschal sacrifice must be transferred to another animal.
But only by a priest.
In this instance, there is no obligation to offer an animal in their stead.
For doing so would reduce the amount of time in which the peace-offering could be partaken.
This ruling combines that of Halachah 9 with regard to sin-offerings with that of Chapter 4, Halachah 14.
Hilchot Ma’aseh HaKorbanot 1:10.
Ibid.:9.
One arbitrarily being taken for one sacrifice and the other, for the second sacrifice.
Thus even though as an initial preference, the animals should not have been sacrificed because of the confusion about their identities, after the fact, the sacrifices are acceptable.
A small town not far from Jerusalem.
I.e., since it was found close to Jerusalem, we must consider the possibility that it had been consecrated for a sacrifice. Hence, it must be treated as a sacrificial animal with regard to all the possible consequences.
We suspect that its owner had attained atonement through another sacrifice. Hence the animal is consigned to death, as stated in Chapter 4, Halachah 1.
At this age, it is unacceptable to be offered as a sin-offering or a burnt-offering. We do not suspect that it was lost earlier and wandered aimlessly until this time.
Although a thanksgiving-offering must be eaten by midnight, while a peace-offering may be eaten for an extra day, the Rambam’s wording does not imply that a second animal should be brought. Instead, he should bring one animal and stipulate: “If it is a peace-offering,.... If it is a thanksgiving offering...” (Kessef Mishneh). The Lechem Mishneh, however, states that one could infer from Kiddushin 55b, that two offerings should be brought.
And thus it could not be used for another purpose. If the owner had attained atonement, it should be allowed to pasture until it becomes blemished as stated in Chapter 4, Halachah 14.
For a male animal of that age could be consecrated for either of these types of sacrifices.
The meal, oil, and wine.
Shekalim 7:5 states that originally our Sages would obligate the person who found the animal to bring the accompanying offerings from his own resources. The financial burden, however, was apparently too great and the people would abandon the animals they found so that they would not be obligated in this manner. When the Sages realized this, they ordained that the accompanying offerings be brought by the community.
Without having to be redeemed.
So it would not have been lost.
For these individuals also must bring male animals that are a year old.
In the previous halachot, the Rambam favored the alternative of letting the intermingled animals pasture until they contract a blemish so that none of the sacrifices will be placed under unnecessary restrictions. In this instance, since the animals have already been slaughtered, this alternative is no longer viable (Rav Yosef Corcus).
The meat of the latter two types of animals is forbidden to be eaten.
In practice, this phrase, used by the Talmud in several instances (Pesachim 34b, et al), is interpreted (Rashi, Menachot 46b) as meaning “to be left overnight.” For it is forbidden to burn sacrifices until they have been disqualified.
The meat from the burnt-offering may not be eaten and the meat from the sin-offering may not be burnt on the altar. Hence, the mixture should be left overnight, at which point, it is disqualified and consigned to be burnt.
See Hilchot Ma’aseh HaKorbanot 7:3.
Since the limbs of the disqualified animals are significant entities, their presence is never nullified in the mixture.
And burnt there. The rationale is that since the limbs of the blemished animals are forbidden to be eaten and forbidden to be burnt on the altar, the entire mixture must also be done away with.
I.e., if sacrifices of a lesser degree of holiness that are only eaten for one day (thanksgiving offerings) become mixed with other sacrifices of a lesser degree of holiness, which (with the exception of the Paschal sacrifice) are all eaten for two days and one night. See the Rambam’s Commentary on the Mishnah (Zevachim 8:3).
The rationale is that there is enough acceptable meat or bread to render the presence of the unacceptable meat or bread insignificant.
Some commentaries have suggested that, based on Yevamot 81b, we are forced to say that this is speaking about small pieces of meat that are not significant enough to be used to honor guests. If they are larger and significant, their presence in the mixture is never nullified. However, it is more likely that since the concept that significant pieces of meat are nullified is a Rabbinic safeguard, it was not applied in this instance (see Lechem Mishneh, Kessef Mishneh to the law from Hilchot Terumah cited in the following note).
Hilchot Terumot 14:14.
Since there is an option for the entire mixture to be eaten by priests, there is no reason for leniency.
The commentaries note that the Rambam’s ruling here is in direct contradiction to his ruling in Hilchot Ma’achalot Assurot 15:13 where he states that when a piece of the showbread becomes intermingled with pieces of ordinary bread, the mixture is permitted if there is 101 times the amount of ordinary bread.
In his gloss to Hilchot Ma’achalot Assurot, the Kessef Mishneh explains that here, the Rambam is speaking about pieces of the showbread that are ritually pure. Hence the entire mixture should be eaten by the priests. In Hilchot Ma’achalot Assurot, by contrast, we are speaking about pieces of the showbread that are impure. If the showbread was a significant part of the mixture, the entire mixture would have to be burnt. Since it is not significant, we considered its existence negated.
(As evident from a comparison to that source, the laws governing sacrificial foods are more stringent than those applying to terumah.)
The process of snipping of the head of a sacrificial dove.
An animal that dies without ritual slaughter.
A person who eats the corpse of a kosher fowl that was not slaughtered according to Torah Law contracts ritual impurity as stated in Hilchot She’ar Avot HaTum’ah 3:1.
In all of these instances, it is forbidden to partake of the meat of these doves. For melikah is acceptable only during the day (Ma’aseh HaKorbanot 4:1), ordinary doves slaughtered in the Temple Courtyard are considered as tereifah (Shechitah 2:1-2), and sacrificial doves slaughtered outside the Temple are disqualified (She’ar Avot HaTum’ah 3:9). Nevertheless, since melikah is a valid process for killing sacrificial doves and the doves that were slaughtered in the wrong locations were slaughtered properly, the corpses do not convey impurity as a corpse of a neveilah would.
As stated in Hilchot Issurei Mizbeiach 3:2, young doves are acceptable as offerings only when they are still underdeveloped, before they begin to sprout yellow feathers, and turtle-doves are acceptable only after they pass this stage of development.
I.e., not merely blinded, but having lost the eye.
And thus was disqualified as a sacrifice, as other doves which have lost a limb or organ (Hilchot Issurei Mizbeiach 3:1).
Our translation is based on Rashi, Zevachim 68b. In his Commentary to the Mishnah (Zevachim 7:5), the Rambam defines the term as meaning disqualification due to the intent of the priest, a factor which disqualifies him from performing service, or because of the place the offering was slaughtered.
A dove which is tereifah is not acceptable as a sacrifice (Hilchot Issurei Mizbeiach 3:1).
Melikah may only performed with the priest’s hands.
See Hilchot Sha’arAvot HaTuma’ah 3:12.
I.e., melikah is not an acceptable means of slaughter. It is acceptable only for sacrificial doves. Therefore, when it is performed on a dove that is not acceptable as a sacrifice or in a place where a sacrifice is unacceptable, it is considered as if the animal has merely been killed.
An animal whose reproductive organ is covered by a mound of flesh and thus its gender cannot be determined.
An animal which has both male and female reproductive organs. All of the animals mentioned above are not acceptable as sacrifices, as stated in Hilchot Issurei Mizbeiach, chs. 3-4.
As stated in Hilchot Sha’ar Avot HaTuma’ah 3:1, a person and his garments do not become impure from eatinga nevelah of a kosher fowl until he swallows it. While it is in his mouth, he and his garments are pure.
Since these types of animals are fundamentally unacceptable, they are not considered as sacrificial animals. See Hilchot Issurei HaMizbeiach 3:10.
Hilchot Ma’aseh HaKorbanot 6:20; 7:6.
As mentioned in Hilchot Mechusrei Kapparah, ch. 1, after purification, a zav (a male with discharges resembling, but not identical with gonorrhea), a zavah (a woman with vaginal bleeding outside her menstrual cycle) and a woman after childbirth, are required to bring a pair of doves, one as a sin-offering and one, as a burnt-offering. The remainder of this chapter and the three subsequent chapters deal with the possibilities that a dove designated as a sin-offering becomes intermingled with one designated as a burnt-offering.
A convert also must bring a pair of two doves and they are offered as burnt-offerings, but since this is a rare occurrence, it is not taken into consideration [the Rambam’s Commentary to the Mishnah (Kinnim 1:2)].
As described in Hilchot Ma’aseh HaKorbanot 6:20.
As described in ibid. 7:6.
Ritual slaughter involves slitting two “signs”—the windpipe and the gullet. These two organs must also be slit during melikah.
In addition to the place on the altar where the blood of the two is offered, there are two differences between the way melikah is performed for a burnt-offering and for a sin-offering:
a) The head of the dove may not be severed while performing melikah on a sin-offering. For a burnt-offering, by contrast, there is an obligation that the head be separated.
b) The blood of a burnt-offering is squeezed out on the wall of the altar. The blood of a sin-offering, by contrast, is sprinkled on the altar.
For a sin-offering is not acceptable if it is not offered with the proper intent (see Chapter 15, Halachah 1).
Le., not only is the offering unacceptable as a sin-offering; it is also unacceptable as a burnt-offering (Radbaz).
For a burnt-offering is acceptable even if it is not offered for the proper intent.
See also Hilchot Meilah 3:7.
As will be explained in chs. 14-16, when a person slaughters an animal with the intent of partaking of its meat at times other than those which are permitted, the sacrifice is considered as piggul and it is forbidden to partake of its meat.
As stated in ibid.:12, when sacrificial meat becomes impure, it is forbidden to partake of it.
As explained in Chapter 18, Halachot 9-10, when sacrificial meat is left beyond the time when it should be eaten, it is called notar and it is forbidden to partake of it.
The sacrifices may not be eaten, for if the women were not obligated to bring them, the doves are considered as ordinary animals slaughtered in the Temple Courtyard, which are forbidden to be eaten (see Hilchot Mechusrei Kapparah 1:6-7).
Hilchot Shegagot 11:2 explains that the women the Rambam mentions are allowed to bring the sacrifices because of a doubt even though it is forbidden to offer a sin-offering if one is not liable, because their purification process is not completed until the sacrifice is offered. Hence, they are granted this leniency to allow them to become ritually pure.
See Chapter 2, Halachah 20; Chapter 19, Halachah 10.
A woman had a series of vaginal secretions, but there is a doubt whether they render her a zavah or not.
A woman becomes impure because of childbirth even when she miscarries. There are times when there is a question whether a miscarriage is serious enough to render her impure or not.
Hilchot Shegagot 8:1
As would an ordinary sin-offering.
As it would have been originally.
So that no one will benefit from it. None of the remaining rites should be performed, since there is no need to bring the offering.
Keritot 26b explains that this is a Rabbinic safeguard. According to Scriptural Law, it is permitted to benefit from the dove, as long as its blood was not presented on the altar.
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