Talmud - Menachot 79a מנחות ע״ט א׳

If one slaughtered the thanks offering and it was discovered that it is a blemished animal, Rabbi Eliezer says: The loaves were consecrated, and Rabbi Yehoshua says: The loaves were not consecrated. This is the statement of Rabbi Meir, consistent with the dispute appearing in the mishna.

The baraita continues: Rabbi Yehuda said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case where he slaughtered the thanks offering and it was discovered that it is a tereifa, as all agree that it was not consecrated; and they did not disagree with regard to a case where he slaughtered the thanks offering with the intent to partake of it or to burn the sacrificial portions beyond its designated time, as all agree that it was consecrated; and they did not disagree with regard to a case where he slaughtered the thanks offering and it was discovered that it is a blemished animal, as all agree that it was not consecrated. And with regard to what case did they disagree? They disagree with regard to a case where he slaughtered the thanks offering with the intent to partake of it or to burn the sacrificial portions outside its designated area, as Rabbi Eliezer says: It was consecrated, and Rabbi Yehoshua says: It was not consecrated.

The baraita continues: In explanation of his opinion, Rabbi Eliezer said: Since an offering slaughtered with intent to partake of it beyond its designated time is disqualified and an offering slaughtered with intent to partake of it outside its designated area is disqualified, it is reasonable that just as in the case of intent to partake of it beyond its time the loaves were consecrated, so too in the case of intent to partake of it outside its area the loaves were consecrated. Rabbi Yehoshua said: Since an offering slaughtered with intent to partake of it outside its designated area is disqualified and an offering discovered to be a blemished animal is disqualified, it is reasonable that just as in the case of a blemished animal the loaves were not consecrated, so too in the case of intent to partake of it outside its area the loaves were not consecrated.

Rabbi Eliezer said to him: I compared an offering slaughtered with intent to partake of it outside its designated area to an offering slaughtered with intent to partake of it beyond its designated time, and you compared it to an offering discovered to be a blemished animal. Let us consider to which it is similar. If it is similar to an offering slaughtered with intent to partake of it beyond its designated time, we will deduce its halakha from that of an offering slaughtered with intent to partake of it beyond its designated time. If it is similar to an offering discovered to be a blemished animal, we will deduce its halakha from that of an offering discovered to be a blemished animal.

Rabbi Eliezer began to reason: We deduce the halakha with regard to a disqualification due to improper intention from that of a disqualification due to an improper intention, i.e., the halakha with regard to one who slaughters the animal with intent to partake of it outside its designated area should be deduced from the halakha with regard to one who slaughters it with the intent to partake of it outside its designated time. And we do not deduce the halakha with regard to a disqualification due to improper intention from that of a disqualification due to a blemish in the physical body of the offering.

Rabbi Yehoshua began to reason to the contrary: We deduce the halakha with regard to a disqualification that does not include liability for excision from the World-to-Come [karet], i.e., an offering slaughtered with intent to partake of it outside its designated area, from that of a disqualification that does not include liability for karet, i.e., an offering discovered to be a blemished animal. And the halakha with regard to an offering slaughtered with intent to partake of it beyond its designated time should not be brought as proof, as it is a disqualification that includes liability for karet. And furthermore, even according to Rabbi Eliezer, who says that we deduce the halakha from a disqualification due to improper intention, let us deduce the halakha from that of an offering slaughtered not for its sake, as it is a disqualification due to improper intention and it also does not include liability for karet, and the loaves of such an offering were not consecrated.

The baraita concludes: And Rabbi Eliezer was silent, conceding to Rabbi Yehoshua. In any event, it is clear in the baraita that the mishna is in accordance with the opinion of Rabbi Meir.

The Gemara asks: And according to the opinion of Rabbi Meir, who says that if the thanks offering was slaughtered and discovered to be a tereifa the loaves were not consecrated, but if it was discovered to be a blemished animal Rabbi Eliezer holds that the loaves were consecrated, what is different if he slaughtered it and it was discovered to be a tereifa such that it is considered a case where its disqualification precedes its slaughter, and the loaves were not consecrated; and what is different if he slaughtered it and it was discovered to be a blemished animal such that it is not considered a case where its disqualification precedes its slaughter, and the loaves were consecrated according to Rabbi Eliezer?

The Gemara responds: Rabbi Meir is referring to a blemish on the cornea of the eye, and his ruling is in accordance with the opinion of Rabbi Akiva, who said with regard to this type of blemish: Although animals with such a blemish are disqualified as an offering ab initio, if they ascended the altar they shall not descend, and they are sacrificed on the altar. The Gemara adds: And Rabbi Yehoshua, who holds that if the animal is discovered to be blemished the loaves are not consecrated, says: When Rabbi Akiva said that if they ascended the altar, they shall not descend, he was referring to the disqualification of the offering itself, i.e., that once it ascended it shall not descend. But with regard to the consecration of the loaves through the slaughter of such an animal, he did not say this.

§ The Gemara continues to discuss the dispute between Rabbi Eliezer and Rabbi Yehoshua in the baraita: It was stated: With regard to a sin offering that one slaughtered with intent to partake of it beyond its designated time, if it ascended the altar it shall not descend. If one slaughtered it with intent to partake of it outside its designated area, Rava says: It shall descend and shall not be burned, and Rabba says: It shall not descend.

The Gemara suggests: Rava holds in accordance with the opinion of Rabbi Yehoshua, who deduces the halakha with regard to a thanks offering that was slaughtered with intent to partake of it outside its designated area from that of an offering discovered to have a blemish. Accordingly, just as a blemished sin offering descends from the altar even if it has already ascended, so too a sin offering that was slaughtered with intent to partake of it outside its designated area descends. And Rabba holds in accordance with the opinion of Rabbi Eliezer, who deduces the halakha with regard to a thanks offering that was slaughtered with intent to partake of it outside its designated area from that of an offering that was slaughtered with intent to partake of it beyond its designated time. Accordingly, just as a sin offering that was slaughtered with intent to partake of it beyond its designated time does not descend from the altar, so too a sin offering that was slaughtered with intent to partake of it outside its designated area does not descend.

And Rabba retracted his opinion in favor of the opinion of Rava and ruled that a sin offering slaughtered with intent to partake of it outside its designated area descends from the altar, since Rabbi Eliezer retracted his opinion in favor of the opinion of Rabbi Yehoshua, as the baraita teaches that he was silent and accepted the reasoning of Rabbi Yehoshua. Accordingly, the halakha with regard to an animal slaughtered with intent to partake of it outside its designated area should be deduced from that of an offering discovered to have a blemish.

And there are those who say: Even though Rabbi Eliezer retracted his opinion in favor of the opinion of Rabbi Yehoshua, Rabba did not retract his opinion in favor of the opinion of Rava, because there, with regard to the consecration of the loaves of the thanks offering, Rabbi Eliezer conceded to Rabbi Yehoshua because Rabbi Yehoshua said to him: Let us deduce its halakha from that of an offering slaughtered not for its sake. But here, if you deduce its halakha from that of an offering slaughtered not for its sake, then the halakha should be that if it ascended the altar it shall not descend.

§ The mishna teaches: If one slaughtered the thanks offering not for its sake, and likewise, if one slaughtered the ram of inauguration not for its sake, and likewise, if one slaughtered the communal peace offering of two sheep that accompany the two loaves on Shavuot not for their sake, the loaves were not consecrated. Rav Pappa said in bewilderment: Why does the tanna of our mishna omit the case of the loaves of the nazirite’s ram, which is common and is also not consecrated if the ram was slaughtered not for its sake, and teach instead the ram of the inauguration of the Tabernacle, which was brought only by the Jewish people in the wilderness? The Gemara responds: And what is the reasoning of the tanna of our mishna? He taught the ram of the inauguration because it was the primary matter, i.e., it was the first offering to be brought with loaves.

MISHNA: In a case where the libations that accompany the offerings were sanctified in a service vessel when the animal was slaughtered and the offering was discovered to be unfit, if there is another offering that was slaughtered and requires libations, the libations should be sacrificed with that offering; and if not, they should be disqualified by being left overnight, and then burned.

GEMARA: With regard to statement of the mishna concerning a case where the libations of an animal offering were consecrated and the animal was then discovered to be unfit, Ze’eiri says: Libations are sanctified only upon the slaughter of the offering. What is the reason for this? The verse states: “To bring an offering made by fire unto the Lord, a burnt offering, and a meal offering, a sacrifice, and libations, each on its own day” (Leviticus 23:37), indicating that the libations complement the offering and are consecrated only upon its slaughter.

The Gemara poses a difficulty to the statement of Ze’eiri from that which we learned in the mishna: In a case where the libations were sanctified in a service vessel when the animal was slaughtered and the offering was discovered to be unfit, if there is another offering that was slaughtered and requires libations, the libations should be sacrificed with that offering; and if not, they should be disqualified by being left overnight, and then burned.

What, is it not so that the mishna is referring to a case where the offering became unfit through its slaughter, and consequently the libations were not sanctified by the slaughter of the offering? Why, then, must the libations be left overnight in order to disqualify them? Evidently, the libations are sanctified upon being placed in a service vessel and not upon the slaughter of the offering, in contradiction to the statement of Ze’eiri. The Gemara rejects this: No, the mishna is referring to an offering that became unfit through the sprinkling of the blood; the libations were sanctified upon the slaughter of the offering, and therefore they must be disqualified by being left overnight.

The Gemara seeks to clarify: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Yehuda HaNasi, who said: If an offering has two factors that permit it for consumption or for sacrifice, they can each elevate it to sanctified status without the other. Accordingly, although the slaughter of the animal and the sprinkling of its blood are both permitting factors for the libations, the libations were sanctified through the slaughter of the animal, despite the fact that the animal became unfit through the sprinkling of its blood.

The Gemara rejects this: Even if you say that the mishna is in accordance with the opinion of Rabbi Elazar, son of Rabbi Shimon, who disagrees with Rabbi Yehuda HaNasi and holds that both permitting factors must be performed in order to confer sanctity upon the libations, the mishna can still be explained as follows: Here, we are dealing with a case where the priest collected its blood in the cup for the purpose of sprinkling it on the altar, but the blood spilled out of the cup and could not be sprinkled. Nevertheless, the libations were sanctified, as the blood was fit for sprinkling upon the altar.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Menachot 79a examines whether bread loaves become consecrated when a thanks offering is later found blemished or slaughtered with improper intent regarding time or place.