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Mulitple Korbanot for One Act

Keritut (3:4) | Yisrael Bankier | 13 hours ago

The Mishnah (3:4) teaches that one can consume one item and be liable to four chataot (sin offerings) and one asham (guilt offering). The case presented is where a person who was tameh inadvertently ate chelev from a korban that was notar (left beyond the time it was meant to be offered) on Yom Kippur. The person is liable to bring four sin offering since there are four prohibitions that are punishable with karet if violated deliberately. They are: a person who is tameh that ate from a korban, consuming chelev and notar, and eating on Yom Kippur. Since the chevel from a korban is meant to be offered and not consumed, the prohibition of meilah is also violated.

The mefarshim discuss how multiple prohibitions can apply to the single act. Normally was say, ein issur chal al issur - if a prohibition already applies to an item, a later prohibition cannot also apply to it. Nevertheless, there are two exceptions that apply in this case. One is where the later prohibition is an issur mosif. That is where the later prohibition makes more of the item prohibited. For example, before the animal was consecrated as korban, whilst one was not allowed to consume the chelev, they could derive other benefit from it. Once the animal was consecrated, it was then prohibited to derive benefit from it; so the prohibition of meilah could also apply. The second exception is an issur kollel. That is where a later prohibition does not change the object in question, but rather makes more things prohibited to the individual. For example, once the individual becomes tameh, he can no longer eat from any part of the korban. Both these exceptions apply in this Mishnah obligating one to bring four chataot and one asham.

R' Meir however adds that if it was also Shabbat, and the person consumed the chelev as he was taking it from the private to public domain, then this would be an additional chatat that would be required. The Chachamim however respond that they were only focused on multiple chataot that came from one action -- eating. R' Meir's addition was due to a different action.

The Ketzot (28:1) however questions what R' Meir was adding. If he violated the prohibition of Shabbat he would be exempt from the korban for Meila. This is because since he violated the capital offence of desecrating Shabbat he is exempt from the monetary obligation to pay the keren ve'chomesh -- the value of what he ate plus an additional twenty-five percent. This is based on the principle of kim lei be'derabbah minei. Furthermore, he cites the Tosfot to explains that in a case where one is exempt from paying keren ve'chomesh, he does not bring a korban meilah. The Tosfot was explaining the Gemara (Pesachim 29a) that presents the opinion that if one at chametz that was hekdesh on Pesach they would be exempt for the korban Meilah. That opinion maintains that since he is liable to karet he is exempt for the monetary payment, and therefore exempt, as the Tosfot explains from the korban Meilah.

The Ketzot answers that kim lei be'derabbah minei does not mean that the individual is completely exempt from the monetary component. It is simply that Beit Din cannot compel one to pay -- patur bi'dinei adam. The prohibition is still there, and one should pay to settle his account with the heavenly court. That being the case since Beit Din does not compel one to bring sin or guilt offerings, there is no difference between dinei adam and dinei shamayim and kim lei be'derabbah minei would have no bearing on the issue.

The Netivot HaMishpat (28:2) however explains that there are two categories of meilah. Meilah with respect a korban that has kedushat ha'guf and meilah regarding something whose value belongs to hekdesh (kedushat damim). Consequently, in our case, the meilah relates to a korban. The keren ve'chomesh that needs to be paid is not compensation, but rather a necessary component for his kaparah. Consequently, kim lei be'derabbah minei is not relevant. The Gemara in Pesachim however was discussing chametz that had kedushat ha'damim. That payment is because one stole from hekdesh and since kim lei be'derabbah minei exempts him from that payment he does not bring a korban meilah.

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