On the three regalim – Pesach, Shavuot and Sukkot – one is obligated to bring an olat re’iya and a shalmei chagiga. The Mishnah (1:6) teaches that if one does not offer the korbanot on the first day, he has the remaining days of the festival to offer these korbanot. We shall investigate this law, which is referred to as tashlumin.
When the Gemara questions the meaning of tashlumin it cites two opinions. R’ Yochanan maintains that the remaining days act to replace the first day while R’ Oshaya explains that each day compensate for another. In other words, according to R’ Yochanan the root obligation is to offer these korbanot on the first day. The remaining days are however available to fulfil that original obligation if it was not satisfied. R’ Oshaya however maintains that each day carries its own independent obligation provided that the obligation was not fulfilled on the previous days.
Demanding a practical difference between these views, the Gemara continues explaining that the case where one was lame on the first day of the festival but was then cured on the second, would be the subject of debate. To explain, a person who is lame is exempt from bringing these sacrifices since he is exempt from re’iya(1:1). According to R’ Yochanan, since the person was not obligated on the first day, so would be the case on second. The obligation is only for the first day and the person was exempt on that day. R’ Oshaya however would argue, not being fit on the first day does not affect the fact that the person is fit on the second as each day carries its only obligation.
The Tosfot however have a doubt regarding one that was healthy on the first day, did not offer his korbanot and then was lame on the second. Since he was obligated on the first day, does that obligation continue? Or since according to R’ Oshaya each day has its own obligation, do we say that he is now exempt? One should note that the Tosfot raises the case regarding the opinion of R’ Oshaya when it could have equally been raised regarding the opinion of R’ Yochanan.
The Bach modifies the text of the Tosfot so that the question is raised in connection with the opinion of R’ Yochanan. Since he maintains that the remaining days are a tashlumin for the first since and he was indeed obligated on the first day, can he bring the korbanot on the second day even though he is lame (and would be exempt had he been so on the first)? With respect to the opinion of R’ Oshaya, it is clear that since each day is dealt with independently, if he is lame on the second, he is exempt on the second.
The Sefat Emet however explains that the Tosfot’s question is indeed according to R’ Oshoya. According to R’ Yochanan it is obvious that since at the time of obligation he was indeed obligated, he must bring the korbanot now regardless of his current physical state. According to the R’ Oshaya, despite each day carrying an obligation, the question is whether he would agree that they are also a tashlumin for the first day, and since he was obligated then he must bring it now.
The Sefat Emet adds that the Maharsha understands that the doubt of the Tosfot was regarding both opinions. Even according to R’ Yochanan since he is not fit were it the first day, does the obligation from the first day still apply? The advantage this explanation is that this case does not present a practical difference between the opinions. It would then explain why the Gemara does not list this case as another practical difference.1
1 It would also explain why the Tosfot had a doubt at all. If one opinion was obvious and the other a question then the Gemara’s omitting this case as a practical difference should have clarified the doubt.
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