וייטב בעיניו לא בוש משה לומר לא שמעתי אלא שמעתי ושכחתי and it was good in his eyes” (Leviticus 10:20). Moses was not embarrassed and did not attempt to justify himself by saying: I did not hear this halakha until now. Rather, he said: I heard it, and I forgot it.
איבעי להו לשהוייה ולמיכלא באורתא טומאה באונס באתה The Gemara asks: According to this opinion, why was the sin offering burned? They should have delayed its consumption and consumed it that night. The Gemara answers: Ritual impurity came upon this sin offering due to circumstances beyond the priests’ control, and they were forced to burn it.
בשלמא לרבנן היינו דכתיב היום אלא לרבי נחמיה מאי היום חובת היום The Gemara asks: Granted, according to the Rabbis, i.e., Rabbi Yehuda and Rabbi Shimon, this is as it is written: “And if I had consumed the sin offering today, would it have been good in the eyes of the Lord”? The verse indicates that Aaron could have eaten it at night. But according to Rabbi Neḥemya, who holds that Aaron distinguished between the offerings of that particular time and the offerings of all later generations, what did Aaron mean by the word “today”? The Gemara answers: He meant: And if I had eaten the sin offering of the New Moon, which is today’s obligation, would it have been good in the eyes of the Lord?
בשלמא לרבי נחמיה היינו דכתיב הן היום אלא לרבנן מאי הן היום ה"ק הן הקריבו אני הקרבתי The Gemara asks: Granted, according to Rabbi Neḥemya, this is as it is written: “Behold, today have they sacrificed their sin offering and their burnt offering before the Lord,” i.e., they offered it as the obligation of the day. But according to the Rabbis, i.e., Rabbi Yehuda and Rabbi Shimon, what did Aaron mean by the phrase “behold [hen], today”? The Gemara answers: This is what Aaron is saying: Did they [hen], my sons, sacrifice the offering today, which would have been prohibited to them in acute mourning? No, I sacrificed the offering, and as High Priest, I may perform the service in acute mourning.
אמר מר היו לשלשתן שישרפו מאי שלשתן § The Gemara continues to analyze the baraita. The Master says: If the sin offering was burned due to acute mourning, then the priests should have burned all three of the sin offerings offered that day. The Gemara asks: What is meant by: All three of the sin offerings?
דתניא (ויקרא י, טז) ואת שעיר החטאת דרש דרש משה שעיר זו שעיר נחשון חטאת זו חטאת שמיני דרש שעיר של ראש חודש The Gemara responds: As it is taught in a baraita: The verse states: “And Moses diligently inquired for the goat of the sin offering, and behold, it was burned” (Leviticus 10:16). When the verse states: “The goat,” this is referring to the goat of Nahshon, son of Amminadav, the prince of the tribe of Judah, who brought the offering on the first day of the Tabernacle’s inauguration (see Numbers 7:12). When the verse states: “The sin offering,” this is referring to the sin offering that the people brought on the eighth day of the inauguration (see Leviticus 9:13). The term “inquired” is referring to the goat sacrificed at every New Moon (see Numbers 28:15). The Tabernacle was erected on the New Moon of Nisan (see Exodus 40:17). These are the three goats that were sacrificed that day.
יכול שלשתן נשרפו ת"ל והנה שורף אחד נשרף ולא שלשתן נשרפו דרש דרש שתי דרישות למה אמר להו מפני מה חטאת זו נשרפה ואלו מונחות ואיני יודע איזהו כשהוא אומר (ויקרא י, יז) ואותה נתן לכם לשאת את עון העדה הוי אומר זה שעיר של ראש חודש One might have thought that all three of them were burned. Therefore, the verse states: “And Moses diligently inquired for the goat of the sin offering, and, behold, it was burned,” to teach that one of the offerings was burned, but not all three of them were burned. The verse states: “And Moses diligently inquired [darosh darash].” Why were there two inquiries? Moses said to them: For what reason is this sin offering burned, and secondly, for what reason are those left unburned? The baraita comments: Still, I do not know which of them was burned. When it states with regard to the burned goat: “And He has given it to you to bear the iniquity of the congregation” (Leviticus 10:17), you must say: This is the goat of the New Moon, which atones for impurity in the Temple.
שפיר קאמרי ליה רבי נחמיה לטעמיה דאמר קדשי שעה לא פסלה בהו אנינות The Gemara comments: Rabbi Yehuda and Rabbi Shimon say well to Rabbi Neḥemya; if the sin offering was burned due to acute mourning, then all three goats should have been burned. How would Rabbi Neḥemya respond? The Gemara explains: Rabbi Neḥemya conforms to his line of reasoning, as he says: Acute mourning does not disqualify offerings of a particular time. Therefore, they burned only the New Moon sin offering, which applies to future generations as well.
אמר מר היה לו לאכלה לערב שפיר קאמרי ליה קסבר אנינות לילה דאורייתא The Master says in the baraita: If the sin offering was burned due to acute mourning, why was it burned at all? He should have eaten it in the evening. The Gemara comments: Rabbi Yehuda and Rabbi Shimon say well to Rabbi Neḥemya in posing this difficulty. How would he respond? The Gemara explains: He holds that acute mourning in the evening is by Torah law, and therefore the priests were not permitted to eat it even then.
דבר אחר והלא פינחס היה עמהן שפיר קאמרי ליה סבר לה כרבי אלעזר דאר"א א"ר חנינא לא נתכהן פינחס עד שהרגו לזמרי דכתיב (במדבר כה, יג) והיתה לו ולזרעו אחריו ברית כהונת עולם Rabbi Yehuda and Rabbi Shimon also stated: Alternatively, wasn’t Pinehas, son of Elazar the priest, with them? He was not an acute mourner. The Gemara comments: Rabbi Yehuda and Rabbi Shimon say well to Rabbi Neḥemya. The Gemara explains: He holds in accordance with the opinion of Rabbi Elazar. As Rabbi Elazar says that Rabbi Ḥanina says: Pinehas did not become a priest until he killed Zimri, who had engaged in intercourse with a Midianite woman (see Numbers 25:6–8). As it is written only after that incident concerning Pinehas: “And it shall be unto him and to his seed after him the covenant of an everlasting priesthood” (Numbers 25:13). Before that incident, at the time of the inauguration of the Tabernacle, the only priests were Aaron and his sons.
רב אשי אמר עד ששם שלום בין השבטים שנאמר (יהושע כב, ל) וישמע פינחס הכהן ונשיאי העדה וראשי אלפי ישראל וגו' Rav Ashi said: Pinehas did not become a priest until he made peace among the tribes at the time of the conquest of Eretz Yisrael, when the tribes east of the Jordan River built their own altar and nearly provoked a civil war. Before this, Pinehas was always referred to as: Son of Elazar the priest, but during this incident he is himself referred to as a priest for the first time, as it is stated: “And Pinehas the priest, and the princes of the congregation, and the heads of the thousands of Israel that were with him, heard the words that the children of Reuben and the children of Gad and the children of Manasseh spoke, and it pleased them well” (Joshua 22:30).
ואידך נמי והכתיב והיתה לו ולזרעו אחריו כי כתיב ההוא בברכה הוא דכתיב The Gemara asks: And for the other Sage, Rav Ashi, as well, isn’t it written: “And it shall be unto him, and to his seed after him, the covenant of an everlasting priesthood”? Apparently, Pinehas became a priest after he killed Zimri. The Gemara responds: When that verse is written, it is with regard to the blessing that it is written, that his descendants would always be priests. It did not indicate that Pinehas became a priest immediately.
ואידך נמי הא כתיב וישמע פינחס הכהן ההוא ליחס זרעו אחריו The Gemara asks: And for the other Sages as well, who hold that Pinehas became a priest immediately after he killed Zimri, isn’t it written: “And Pinehas the priest…heard”? Apparently he became a priest only after the conquest of Eretz Yisrael. The Gemara answers: That verse serves to entitle his descendants after him, that they would continue as High Priests through his merit.
אמר רב משה רבינו כהן גדול וחולק בקדשי שמים היה שנאמר (ויקרא ח, כט) מאיל המלואים למשה היה למנה § Rav says: Moses, our teacher, was a High Priest and would receive a share of offerings consecrated to Heaven, as it is stated: “And Moses took the breast, and waved it for a wave offering before the Lord; it was Moses’ portion of the ram of inauguration, as the Lord commanded Moses” (Leviticus 8:29).
מיתיבי והלא פינחס היה עמהן ואם איתא לימא והלא משה רבינו היה עמהן דילמא שאני משה דטריד בשכינה דאמר מר משה בהשכמה עלה ובהשכמה ירד The Gemara raises an objection: In the baraita, Rabbi Yehuda and Rabbi Shimon claim that acute mourning was not the reason the sin offering was burned by asking: Wasn’t Pinehas with them? And if it is so that Moses could partake of sacrificial meat, let them say: Wasn’t Moses, our teacher, with them? The Gemara responds: Perhaps Moses is different, since as a prophet, he was preoccupied with the Divine Presence, and was not available. As the Master says: Moses ascended Mount Sinai early in the morning, and he descended early in the morning.
מיתיבי (ויקרא כא, כב) לחם אלהיו מקדשי הקדשים ומן הקדשים יאכל אם נאמרו קדשי קדשים למה נאמר קדשים קלים ואם נאמרו קדשים קלים למה נאמר קדשי קדשים The Gemara raises an objection to Rav’s statement from another baraita: The verse states with regard to a blemished priest: “He may eat the bread of his God, both of the most sacred, and of the sacred” (Leviticus 21:22). If offerings of the most sacred order are stated, that a blemished priest may eat them, then why are offerings of lesser sanctity also stated? And if offerings of lesser sanctity are stated, why are offerings of the most sacred order stated?
אילו לא נאמר קדשים קלים הייתי אומר קדשי קדשים הוא דאוכל . שהרי הותרו לזר ולהן קדשים קלים לא יאכל ואילו לא נאמרו קדשי קדשים הייתי אומר בקדשים קלים יהא אוכל שהן קלים בקדשי קדשים לא יהא אוכל לכך נאמרו קדשי קדשים ולכך נאמר קדשים קלים The baraita answers: Had offerings of lesser sanctity not been stated, I would have said: It is only offerings of the most sacred order that a blemished priest may eat, as they were permitted both to a non-priest and to the priests, but a blemished priest may not eat offerings of lesser sanctity, which were not permitted to non-priests. And had offerings of the most sacred order not been stated, I would have said: A blemished priest may eat offerings of lesser sanctity, as they are of lesser sanctity, but he may not eat of offerings of the most sacred order, as they are of higher sanctity. Therefore, offerings of the most sacred order are stated, and therefore, offerings of lesser sanctity are stated.
קתני מיהא שהרי הותרו לזר ולהן לאו משה אמר רב ששת לא בבמה לזר וכדברי האומר יש מנחה בבמה The Gemara explains the objection: In any event, the baraita teaches: As they were permitted both to a non-priest and to the priests. What non-priest is permitted to eat offerings of the most sacred order? Is this not referring to Moses? This indicates that Moses was not considered a High Priest, contrary to Rav’s statement. Rav Sheshet said: No, this is referring to a non-priest sacrificing on a private altar. Once the Jewish people entered Eretz Yisrael, it was permitted for a time for them to build private altars, on which even non-priests could serve. And although only offerings of lesser sanctity were offered on private altars, this baraita is in accordance with the statement of the Sage who says: There is a meal offering that may be offered on a private altar. Meal offerings are of the most sacred order.
מיתיבי מרים מי הסגירה א"ת משה הסגירה משה זר הוא The Gemara raises an objection to Rav’s statement: When Miriam became a leper (see Numbers 12:10), who diagnosed and quarantined her? If you say that Moses quarantined her, that is difficult, as Moses was a non-priest,