Voluntary Korbanot on Yom Tov

Beitzah (2:4) | Yisrael Bankier | 9 months ago

One of the debates recorded between Beit Shammai and Beit Hillel relates to the korbanot one can bring on Yom Tov (2:4). Beit Shammai maintain can bring the shalmei simcha but not an olat re'iya. Nevertheless, semicha may not be performed on yom tov when offering the shelamim. The Bartenura explains that semicha involves resting one's hands on the korban and pressing down with full force. Consequently, the act involves making use of an animal, which is rabbinically prohibited on yom tov. Since Beit Shammai maintain that semicha may be performed prior to yom tov, it may not be performed on yom tov. Beit Hillel however disagree, arguing that both korbanot may be offered and semicha can be performed. With respect to semicha, the Bartenura explains the Beit Hillel maintain that semicha must be performed just prior to shechita. Consequently if the shelamim can be offered on yom tov, then semicha must also be performed on yom tov. We shall try to understand this debate.

The difference between an olah and shelamim, is that the olah offering is entirely burnt on the mizbeach whereas, other than the sacrificial parts, the shelamim is consumed by the owners. The Bartenura explains that since the Torah states that "atzeret (Shemini Atzeret) shall be for you" (Bamidbar 29:35), Beit Shammai maintain the only those actives that benefit the person are permitted. Beit Hillel however point to a different pasuk, "atzeret for Hashem" indicating that all korbanot are permitted. That said, the Bartenura concludes that while they debate regarding the olah and shelamim that are meant to be brough during the festival, everyone agrees that those nedarim and nedavot -- volountary offerings -- may not be brought on yom tov.

The distinction between shalmei simcha, olat re'iya and nedarim and nedavot requires thought. Rashi (Beitzah 20b, s.v. mideoraita) explains that according to Beit Hillel the derivation of *"*for Hashem" only includes those korbanot that are like the korban chagigah that is mentioned in the pasuk. In other words, it only includes korbanot that one has an obligation to bring on yom tov, thereby excluding nedarim and nedavot that can be brought after the festival. Rashi also explains (19a s.v. aval) that even though the shalmei chagigah and olat re'iyah can be brought during chol ha'moed, the Chachamim did not make one delay in case something else came up that would prevent one for offering the korbanot.

One might still ask why one is not allowed to offer nedarim and nedavot, considering that the parts of the korban are consumed by the owner and (many) melachot for the purpose of food are permitted on yom tov. The Gemara (21a) explains that "the kohanim merit [their share] by way of the shulchan gavoah" -- from the mizbeach. Rashi (s.v. kohanim) explains that it is like a servant that receives his portion from his master. In other words, regarding nedarim and nedavot, it is considered as if the entire korban was offered for Hashem, only after which one may take some of the korban for consumption. Consequently, the activity cannot be permitted.

The Riva (Tosfot, Shabbat 24b, s.v. lefi) understands that despite their being some benefit, since the prime intent of the korban is lagevoah, it is not permitted (unless the Torah expressly allows it). The Ri however understands that since the act of shechita does not permit the animal (immediately) for human consumption (without offering the rest of the korban) it is not considered a shechita at all for human consumption. The Avnei Miluim (Shut 2) explains that this to mean that since none of the korban belongs to individual until after the blood is thrown, the shechita cannot be defined as one for ochel nefesh -- for one's personal food benefit.¹

One final issue to address is raised by the Tosfot R' Akiva Eiger. One might ask, one can satisfy the obligation to have shalmei simcha with nedarim and nedavot, so why can they not be offered on yom tov. The Tosfot R' Akiva Eiger cites the Tosfot who answer that we are referring to where the shamei simcha have already been brought or one did not have the express intent to satisfy their obligation with the nedarim and nedavot.

¹ Based on this understanding the Avnei Milium sides with the Shav Yaakov in prohibiting one for slaughtering the animal of a nochri on yom tov even with the understanding that he will then receive a share of the meat. See the responsa inside.

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