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Ei Meviin Kodshim le'Beit Pesul

Zevachim (8:3) | Yisrael Bankier | 2 days ago

The Mishnah (8:3) records a debate regarding two korbanot that got mixed together -- the shelamim and asham. There are differences in the laws that related to these korbanot. Firstly, the asham is one of the kodshei kadashim and must be slaughtered in the north side of the azarah, whereas the shelamim is one of the kodshei kalim and can be slaughter anywhere in the azarah. Both korbanot have parts that are consumed. For the asham however it is only the kohanim that can consume them, and they have lest time to do so -- the day the korban is offered and the following night. For the shelamim however, the owners consume the meat, and they have the day, night and the following day to do so. It is important however to note, that the blood from both these korbanot are offered on the mizbeach in the same way.

R' Shimon therefore argues, that since they are offered in the same why the mixture can be offered. We simply apply the stringencies of the asham to both korbonat -- they are slaughtered in the north side, and the meat is consumed by the kohanim, but only until the next morning.

The Chachamim however argue that one cannot "bring kodashim to become pasul" -- ein meviin kodshim le'beit pesul. The Bartenura explains that since one of the korbanot was indeed a shelamim, for that korban one would be reducing the number of people that can consume the meat and the time within it can be consumed. Doing so would increase the likelihood that some of the meat would be left beyond that reduced time and be deemed notar, and therefore pasul. Consequently, the Chachamim maintain that the preferred options is to simply to wait until both korbanot develop blemishes, such that their kedusha can be transferred to other animals and the new animals offered appropriately.

The Alei Deshe¹ explains that there are two ways to understand the concern of the Chachamim. One is that it is a mitzvah for the kohanim to consume parts of the korbanot. By reducing the time for consumption, one is potentially reducing their ability to fulfill that mitzvah. The other understanding is that causing the kodshim to become pasul is degrading to kodshim.

The Alei Deshe cites the Avnei Miluim (Shut 18), who explains that when it comes to teruma, one is not allowed to deliberately mix it with chulin in order to annul it. The Avnei Miluim explains that this is based on Torah instruction to guard teruma.² The Alei Deshe explains that in that context the issue is clearly because the kohen will not be able to fulfill the mitzvah of eating it. That is because he understands that the act of bitul in chulin would not be considered degrading per se. By extension, the issue by kodshim is also preventing the mitzvah of eating from them.

The Netivot HaKodesh (76a, s.v. ein) however explicitly states that because there is a mitzvah to eat kodshim, that was the reason why the Chachamim made the gezeira of ein meviin kodshim le'beit pesul. Interestingly, it is from the fact that the Gemara connect terumah with kodshim, that the Netivot HaKodesh understands that there is also a positive mitzvah to each terumah.

¹ Cited in the Yalkut Biurim, Metivata, Zevachim 75b.

² Interestingly the Tosfot HaRashba (Pesachim 13a, s.v. u'sorfin) cites the R' Efrayim who maintains that the law of mishmeret is only with respect to protecting terumah from becoming tameh and not the loss of terumah..

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