Daily Mitzvah (Rambam)

And the 84th mitzvah is that we are commanded to offer all sacrifices only in the Bais HaBechirah [the Temple].

The source of this commandment is G‑d's statement,1 "Only there shall you prepare all [the offerings] I have commanded you."

When [the Sages] wanted to prove that the prohibition against bringing sacrifices outside the Temple applies to all categories of offerings, they brought a proof from G‑d's statement2 (exalted be He), "Be careful not to offer your burnt-offerings in just any place." The Sifri3 says, "This verse only speaks of burnt-offerings. What is the source to apply this law to all sacrifices? It is the verse,4 'Only there shall you prepare all [the offerings] I have commanded you.' But one could still think that for a burnt-offering there is both a positive commandment and a prohibition, whereas for other sacrifices there is only a positive commandment! The Torah therefore says,5 'Only there shall you prepare ...' " as I will explain in the proper place6 when discussing the prohibition.

The meaning of [the Sifri's statement], "for a burnt-offering there is both a positive commandment and a prohibition," is that one who brings a burnt-offering outside the Temple breaks both a positive commandment and a prohibition. The prohibition is from the verse,7 "Be careful not to offer your burnt-offerings [in just any place]." And the positive commandment is from the verse,8 "Only there shall you prepare all [the offerings] I have commanded you," whereas he did not prepare his offering "there."

The meaning of[the Sifri's statement,] "Whereas for other sacrifices there is only a positive commandment," is that the person would transgress only the commandment, "Only there shall you prepare all [the offerings] I have commanded you." There [in the Sifri] it is explained that even other sacrifices come under the prohibition in addition to the positive commandment.

It is explained in the end of tractate Zevachim9 that all sacrifices which are offered outside [the Temple courtyard10] are covered by both the positive commandment and the prohibition and are punishable by kares.

Everything I have told you has therefore been explained, i.e. that the verse, "Only there shall you prepare all [the offerings] I have commanded you," is definitely a positive commandment.

Footnotes

1.

Deut. 12:14.

2.

Ibid., 12:13.

3.

Parshas Re'eh.

4.

Ibid., 12:14.

5.

Ibid.

6.

N89.

7.

Deut. 12:13.

8.

Ibid., 12:14.

9.

119b.

10.

Hilchos Ma'aseh HaKorbanos 18:2.

And the 85th mitzvah is that we are commanded to bring all [sacrifices] that we are obligated in — sin-offering, burnt-offering, guilt-offering and peace-offering — to the Temple, even from outside Eretz Yisrael. This means that even if we became obligated to bring them when we were outside Eretz Yisrael, we are commanded to bring them to the Temple and are obligated to offer them despite the lengthy distance.1

The source of this commandment is G‑d's statement2 (exalted be He), "However, your offerings and pledges you must take and bring to the place [that G‑d shall choose]."

In the words of the Sifri: "The phrase, 'However, your offerings,' refers to offerings from outside Eretz Yisrael; 'you must take and bring,' teaches that one is obligated to take care of their being brought to the Temple." The conclusion there is that this applies to a person's obligatory sin-offering, guilt-offering, burnt-offering or peace-offering.3

Footnotes

1.

If not for this mitzvah, one might think that the sacrifice could be redeemed for money, and the money brought to Jerusalem, as is the case with ma'aser sheni. See P128.

2.

Ibid., 12:26.

3.

This excludes the b'chor (P89) and ma'aser (P88). See Kapach, note 90.

And the 90th prohibition is that we are forbidden from slaughtering any sacrifice outside [the courtyard of the Temple]. This prohibited action is called shochet bachutz.

In the beginning1 of tractate Kerisus, where all those who are punishable by kares are listed, the one who does the slaughtering and the one who does the offering2 [on the altar] are listed separately as two [commandments].

The3 punishment of kares for one who just slaughters an animal outside, even if he didn't bring it as an offering, is stated by Torah itself in G‑d's statement4 (exalted be He), "[Any member of the family of Israel] who slaughters an ox, sheep or goat, whether in the camp or outside the camp, and does not bring it into the Communion Tent to be offered as a sacrifice to G‑d, blood shall be counted for that man; he has spilled blood and shall be cut off (spiritually)." The actual prohibition for one who slaughters a sacrifice outside, however, is not written explicitly. It is derived from the principle,5 "Scripture gives a punishment only when there is a prohibition," in accordance with the principles we established in the Introduction to these commandments.6

In the words of the Talmud in tractate Zevachim,7 "One who does the slaughtering and the offering outside is guilty both for the slaughtering and the offering. The case of the offering is clear because both the punishment and the prohibition are written. The punishment is written in the verse,8 'If he does not bring it into the Communion Tent ... he shall be cut off,' and the prohibition is written in the verse9 "Be careful [hishomer] not to bring your burnt-offerings [in just any place that you may see fit]." This is in accordance with Rav Avin, as Rav Avin said in the name of Rav Laya,10 'Every case where the Torah writes hishomer (be careful), pen (lest) or al (do not) indicates a prohibition.' For slaughtering, however, the punishment is clearly written in the verse, 'If he does not bring it into the Communion Tent ... he shall be cut off.' But what is the source for the prohibition?"

After lengthy and wide-ranging discussion, the conclusion is given as follows: "It is written,11 'There shall you offer ... and there shall you prepare.' This creates a comparison between offering and preparing: just as offering has both a punishment and a prohibition, so too preparing has both a punishment and a prohibition." Their reference to, "There shall you offer ... and there shall you prepare," is to G‑d's statement12 (exalted be He), "There shall you offer your burnt-offerings," which refers to burning them on the fire [of the altar]. "There shall you prepare all [the offerings] I have commanded you," includes both the offering and the slaughtering, since He also commanded the slaughtering.

You should be aware that one who slaughters outside unintentionally is also required to bring a sin-offering. You should also be aware that one who offers sacrifices outside the place of the Temple courtyard even now [when there is no Temple] is punishable by kares. Our Sages say explicitly,13 "Rabbi Yochanan says, 'One who brings an offering even now is guilty.'" This is the final ruling, since the animal is actually fit to sacrifice, in accordance with our accepted principle,14 "Sacrifices may be brought even if the Temple is not built."

The details of this mitzvah have been explained in the 13th chapter of tractate Zevachim.

Footnotes

1.

Chapter 1, Mishneh 1.

2.

See N89.

3.

The following discussion is based on the well-known principle that each prohibition must have two components stated: a) the actual prohibition, and b) the punishment for its violation.

4.

Lev. 17:3-4.

5.

See Yoma 81a; Sanhedrin 56b.

6.

See immediately after the 14th Principle.

7.

106a.

8.

Lev. 17:3-4.

9.

Deut. 12:13.

10.

Kapach, 5731, note 54, suggests that this is short for "Ilai".

11.

Deut. 12:14.

12.

Ibid.

13.

Zevachim 107b.

14.

See Hilchos Ma'aseh HaKorbanos 19:15.