Menachot 51bמנחות נ״א ב
The William Davidson Talmudתלמוד מהדורת ויליאם דוידסון
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51bנ״א ב

מנחה הבאה עשרון וכו':

with regard to the griddle-cake offering of the High Priest, which is a meal offering that comes in the amount of a tenth of an ephah of flour, from the meal offering that accompanies the sacrifice of sheep, which is also a meal offering that comes in the amount of a tenth of an ephah of flour, and not from a meal offering that is brought in the amount of two or three tenths of an ephah of flour.

מתני׳ לא מינו כהן אחר תחתיו משל מי היתה קריבה ר"ש אומר משל ציבור ר' יהודה אומר משל יורשין ושלימה היתה קריבה:

MISHNA: If they did not appoint another High Priest in his stead, from whose property was the griddle-cake offering brought and sacrificed? Rabbi Shimon says: It is brought and sacrificed from the property of the community. Rabbi Yehuda says: It is brought and sacrificed from the property of the heirs of the High Priest. And for the duration of the period until a new High Priest was appointed, the griddle-cake offering was sacrificed as a complete tenth of an ephah of fine flour.

גמ׳ ת"ר כ"ג שמת ולא מינו כהן אחר תחתיו מנין שתהא מנחתו קריבה משל יורשין ת"ל (ויקרא ו, טו) והכהן המשיח תחתיו מבניו יעשה אותה

GEMARA: The Sages taught in a baraita: In a case where the High Priest died and they did not appoint another High Priest in his stead, from where is it derived that his griddle-cake meal offering should be sacrificed from the property of the heirs of the High Priest? The verse states in reference to the griddle-cake offering: “And the anointed priest that shall be in his stead from among his sons shall offer it” (Leviticus 6:15).

יכול יקריבנה חצאין ת"ל אותה כולה ולא חציה דברי רבי יהודה

One might have thought that the heirs should sacrifice it in halves as the High Priest does. Therefore the verse states “it,” teaching that they should sacrifice all of the tenth of an ephah and not half of it; this is the statement of Rabbi Yehuda.

ר"ש אומר (ויקרא ו, יא) חק עולם משל עולם (ויקרא ו, טו) כליל תקטר שתהא כולה בהקטרה

Rabbi Shimon says: The continuation of the verse: “It is a statute forever [olam] to the Lord,” teaches that in this case of a High Priest who has died and has not yet been replaced, the offering is brought from the property of the world [olam], i.e., the community. The end of the verse: “It shall be wholly made to smoke to the Lord,” teaches that although it is brought by the community and not by a priest, the entire tenth of an ephah should be sacrificed and not eaten.

והאי הכהן המשיח להכי הוא דאתא

The Gemara asks: And did that verse: “And the anointed priest that shall be in his stead from among his sons shall offer it,” come to teach this halakha that Rabbi Yehuda derived from it?

האי מיבעי ליה לכדתניא (ויקרא ו, יג) זה קרבן אהרן ובניו אשר יקריבו לה' ביום המשח אותו יכול יהו אהרן ובניו מקריבין קרבן אחד ת"ל אשר יקריבו לה' אהרן בפני עצמו ובניו בפני עצמן בניו אלו כהנים הדיוטות

That verse is needed for that which is taught in a baraita: “This is the offering of Aaron and of his sons, which they shall offer to the Lord in the day when he is anointed” (Leviticus 6:13). One might have thought that since the verse speaks of the offering in the singular, it means that Aaron and his sons should sacrifice one offering. Therefore the verse states: “Which they shall offer to the Lord,” in plural, teaching that Aaron sacrifices an offering by himself as the High Priest, and his sons sacrifice offerings by themselves as ordinary priests. When the verse refers to “his sons,” these are the ordinary priests. Each priest must bring a griddle-cake offering as an offering of initiation when he begins his service.

אתה אומר כהנים הדיוטות או אינו אלא כהנים גדולים כשהוא אומר והכהן המשיח תחתיו מבניו הרי כ"ג אמור הא מה אני מקיים בניו אלו כהנים הדיוטות

Do you say that this is referring to the offering of initiation of ordinary priests, or is it referring only to the griddle-cake offering of the High Priests? When the verse states in the continuation of that passage: “And the anointed priest that shall be in his stead from among his sons shall offer it; it is a statute forever to the Lord; it shall be wholly made to smoke to the Lord” (Leviticus 6:15), the griddle-cake offering of the High Priest is thereby mentioned. How do I realize the meaning of the term “his sons” in Leviticus 6:13? These are the ordinary priests, and the verse is referring to their offering of initiation. Consequently, verse 15 is referring to the basic obligation of the High Priest to bring the griddle-cake offering, rather than referring to a case of a High Priest who died.

א"כ לכתוב קרא הכהן המשיח תחתיו בניו יעשה מאי מבניו שמעת מינה תרתי

The Gemara answers: The verse teaches both the basic obligation of the High Priest to bring the griddle-cake offering daily and the fact that when he dies his heirs must bring the offering until a new High Priest is appointed. If it were so that the verse is teaching only that the heirs of a High Priest who died must bring the griddle-cake offering until a new High Priest is appointed, let the verse merely write: The anointed priest that shall be in his stead, his sons shall offer. What is the need to say: “From among his sons”? Learn from the fact that verse uses this term that two halakhot are derived from the verse.

ור"ש האי אותה מאי עביד ליה מיבעי ליה לכ"ג שמת ומינו אחר תחתיו שלא יביא חצי עשרון מביתו ולא חצי עשרון של ראשון

The Gemara asks: And what does Rabbi Shimon, who derives the halakha that it should be entirely sacrificed from the phrase: “It shall be wholly made to smoke,” do with that word “it,” from which Rabbi Yehuda derives this halakha? The Gemara answers: He requires it to teach that in the case of a High Priest who died after bringing the first half of his griddle-cake offering, and then they appointed another High Priest in his stead, the replacement High Priest should neither bring half of a tenth of an ephah of flour from his house nor sacrifice the remaining half of the tenth of an ephah of the first High Priest, i.e., his predecessor.

ותיפוק ליה מן ומחציתה וי"ו לא דריש

The Gemara asks: Let him derive this halakha from the expression: “And half of it” (Leviticus 6:13), as discussed on 50b; the word “and,” which is added by the letter vav at the beginning of the word, is expounded to mean that the replacement High Priest must bring a complete tenth of an ephah of fine flour. The Gemara answers: He did not derive the halakha from there because he does not expound the extra letter vav in that word, as he holds that its addition is not significant.

ורבי יהודה האי חק עולם מאי עביד ליה חוקה לעולם תהא

The Gemara asks: And what does Rabbi Yehuda, who holds that if the High Priest dies and a new one has not yet been appointed the griddle-cake offering is brought by the previous High Priest’s heirs, do with that phrase: “It is a statute forever to the Lord,” from which Rabbi Shimon derives that it is brought from communal resources? The Gemara answers: It teaches that the statute requiring the High Priest to sacrifice the griddle-cake offering is to apply forever.

כליל תקטר למה לי מיבעי ליה לכדתניא אין לי אלא עליונה מנחת כ"ג בכליל תקטר ותחתונה מנחת כהן הדיוט בלא תאכל

The Gemara asks: According to Rabbi Yehuda, why do I need the phrase: “It shall be wholly made to smoke”? The Gemara answers: He requires it for that which is taught in a baraita: I have derived only that the griddle-cake meal offering of the High Priest mentioned above is included in the mandate: “It shall be wholly made to smoke” (Leviticus 6:15), and that the voluntary meal offering of the ordinary priest mentioned below is included in the prohibition: “It shall not be eaten” (Leviticus 6:16).

מנין ליתן את האמור של זה בזה ואת האמור של זה בזה ת"ל כליל כליל לגזירה שוה נאמר כאן כליל ונאמר להלן כליל

From where is it derived that one is mandated to apply what is said about that verse to this one, and what is said about this verse to that one? The verse states with regard to the griddle-cake offering: “Wholly,” and the verse uses the word “wholly” with regard to the voluntary meal offering of a priest, in order to teach a verbal analogy: It is stated here, with regard to the griddle-cake meal offering of the High Priest: “Wholly” (Leviticus 6:15), and it is stated there, with regard to the voluntary meal offering of the ordinary priest: “Wholly” (Leviticus 6:16).

מה כאן בכליל תקטר אף להלן בכליל תקטר ומה להלן ליתן לא תעשה על אכילתו אף כאן ליתן לא תעשה על אכילתה

Just as here, with regard to the griddle-cake meal offering, it is included in the mandate: “It shall be wholly made to smoke,” so too there, the voluntary meal offering of the ordinary priest is included in the mandate: It shall be wholly made to smoke. And just as there, with regard to the voluntary meal offering of the ordinary priest, the verse comes to place a prohibition on its consumption, so too here, with regard to the griddle-cake meal offering of the High Priest, the verse comes to place a prohibition on its consumption.

וסבר ר"ש משל ציבור דאורייתא

The Gemara asks: And does Rabbi Shimon hold that in a case where the High Priest died and a new one has not been appointed, the requirement that the griddle offering be brought from the property of the community is by Torah law, as indicated by the fact that he derives this halakha from a verse?

והתנן אר"ש שבעה דברים התקינו ב"ד וזה אחד מהן עובד כוכבים ששלח עולתו ממדינת הים שלח עמה נסכים קריבה משלו ואם לאו קריבין משל ציבור

But didn’t we learn in a mishna (Shekalim 7:6) that Rabbi Shimon said: The court instituted seven ordinances with regard to the financial aspects of offerings and consecrations; and this ordinance, namely, that the cost of the libations accompanying the sacrifice of a found animal is borne by the public, is one of them. These are the other ordinances: In the case of a gentile who sent his burnt offering from a country overseas, and he sent with it money for the purchase of the libations that must accompany it, the libations are sacrificed at his expense. And if the gentile did not cover the cost of the libations, it is a condition of the court that the libations are sacrificed at the public’s expense, with funds taken from the Temple treasury.

וכן גר שמת והניח זבחים יש לו נסכים קריבין משלו ואם לאו קריבין משל ציבור

And similarly, in the case of a convert who died without heirs and left animals that he had designated as offerings, if he has the libations, i.e., if he also had set aside libations or money for that purpose, the libations are sacrificed from his estate. And if he did not do so, the libations are sacrificed from public funds.

ותנאי ב"ד הוא כ"ג שמת ולא מינו כהן אחר תחתיו שתהא מנחתו קריבה משל ציבור

And another ordinance: It is a stipulation of the court with regard to a High Priest who died, and they did not yet appoint another High Priest in his stead, that his griddle-cake meal offering would be sacrificed from public funds. Rabbi Shimon then enumerates three additional ordinances. In any case, it is clear from this mishna that Rabbi Shimon holds that this halakha concerning the offering of a High Priest who died is a rabbinic ordinance, rather than Torah law.

א"ר אבהו שני תקנות הוו

Rabbi Abbahu said in response: In fact, Rabbi Shimon holds that this halakha is by Torah law. But in fact, there were two ordinances that were enacted concerning this matter.

דאורייתא מדציבור כיון דחזו דקא מידחקא לישכה תקינו דלגבי מיורשים כיון דחזו דקא פשעי בה אוקמוה אדאורייתא

Initially, they acted in accordance with that which is prescribed by Torah law, and if a High Priest died and a new High Priest had not yet been appointed in his stead, his griddle-cake meal offering would be sacrificed from public funds. Once they saw that the funds in the chamber of the Temple treasury were being depleted, the Sages instituted an ordinance that the payment for the offering should be collected from the previous High Priest’s heirs. Once they saw that the heirs were negligent in the matter and did not bring the offering, they revoked the previous ordinance and established it in accordance with the halakha as it is by Torah law, that it is brought from public funds.

ועל פרה שלא יהא מועלין באפרה דאורייתא היא דתניא (במדבר יט, ט) חטא' היא מלמ' שמועלין בה היא בה מועלין

§ The Gemara cites the continuation of the mishna in Shekalim (7:7): And the court enacted an ordinance with regard to the red heifer that one is not liable to bring an offering for misusing consecrated property if he derives benefit from its ashes. The Gemara asks: Why does the baraita state that this is an ordinance of the court, when in fact it is by Torah law? As it is taught in a baraita: The verse states with regard to a red heifer: “It is a sin offering” (Numbers 19:9), which teaches that a red heifer is treated like a sin offering in that one is liable for misusing it. The fact that it states: “It is a sin offering” indicates that if one derives benefit from it, the animal itself, he is liable for misusing consecrated property,