Talmud - Zevahim 85a זבחים פ״ה א׳

nevertheless, the halakha with regard to one who slaughters an animal at night should not be less stringent than that of one who slaughters an animal outside the Temple and offers it up outside. With regard to that case, the mishna (106a) states that such a person is liable, even though an animal slaughtered outside the Temple is not fit to be offered on the altar inside the Temple and shall descend from the altar even if it has ascended.

Rav Ḥiyya bar Avin raises an objection to the statement of Rabbi Yoḥanan from a mishna (111a): One who slaughters a bird inside the Temple courtyard and then offers it up on an altar outside the Temple is exempt, as a bird offering is supposed to be pinched at the nape of the neck and not slaughtered with a knife. But if he slaughtered the bird outside the Temple courtyard and offered it up outside the Temple courtyard, he is liable to receive karet. According to Rabbi Yoḥanan, let us say that the halakha with regard to one who slaughters an animal inside the Temple should not be less stringent than that of one who slaughters an animal and offers it up outside the Temple. Why, then, is such a person exempt?

The Gemara responds: This is indeed a conclusive refutation, and the statement of Rabbi Yoḥanan is rejected. The Gemara adds a possible explanation: If you wish, say that one cannot derive the halakha of a bird slaughtered inside the Temple from that of a bird slaughtered outside of it, because in the case of the slaughter of a bird inside the Temple, it is considered as if he killed it. By contrast, in the case of an animal slaughtered at night within the Temple, although it is disqualified, it is still considered a slaughtered animal, and its status may therefore be derived from that of an animal that is slaughtered outside the Temple.

§ Concerning items that were inappropriately placed on the altar, Ulla says: Sacrificial portions of offerings of lesser sanctity that one offered up upon the altar before the sprinkling of their blood, which is the act that sanctifies such portions for the altar, shall not descend, as they have become the bread of the altar.

Rabbi Zeira said in support of Ulla: We learn in the mishna as well: The sacrificial portions of an offering whose blood was spilled, or whose blood emerged outside the curtains, shall not descend if they ascended. From this one can infer: And if there, where the blood was spilled, if he comes to sprinkle it he cannot sprinkle it, as there is no blood with which to do so, and you said that if they ascended the altar they shall not descend, then here, where the blood is intact such that if he comes to sprinkle it he sprinkles it, which renders the sacrificial portions permitted for sacrifice upon the altar, is it not all the more so that if they ascended they shall not descend?

The Gemara rejects the inference of Rabbi Zeira: Interpret the mishna as referring specifically to offerings of the most sacred order, whose sacrificial portions are sanctified for the sake of the altar before their blood is presented. Therefore, such sacrificial portions are considered fit for the altar and shall not descend if they ascended. It may be that the sacrificial portions of offerings of lesser sanctity are entirely unfit for the altar before the presentation of their blood.

The Gemara challenges: But there is a Paschal offering, which is an offering of lesser sanctity, and it is mentioned in the same list of items that shall not descend if they ascended. The Gemara explains: Interpret the case of a Paschal offering as referring to where it was slaughtered not for its sake, but not to where its blood was spilled or emerged outside the curtains.

We learned in the mishna: And all of them that if they ascend they do not descend, if they ascended to the top of the altar alive, they descend. But it may be inferred from here that slaughtered animals shall not descend, even if their blood was not presented. What, is it not that this inference applies to all offerings, and the halakha is not different with regard to offerings of the most sacred order, and it is not different with regard to offerings of lesser sanctity?

The Gemara responds: No, it is possible to infer as follows: But with regard to slaughtered animals, some of them shall descend and some of them shall not descend. The Gemara challenges: But the mishna teaches that all of them shall descend if they ascended alive, in which case it must be inferred with regard to all of them that if they were slaughtered they shall not descend. The Gemara explains: When the mishna states: All of them shall descend, it is referring only to animals that ascended upon the altar while still alive, in order to emphasize that all fit animals that ascended while still alive shall descend and are not slaughtered atop the altar. The mishna did not intend to teach the halakha with regard to all slaughtered animals.

The Gemara asks: Isn’t it obvious that live animals that ascended upon the altar shall descend? The Gemara answers: Actually, the mishna intends to teach the halakha with regard to living animals but is referring specifically to animals blemished on the cornea of the eye, and it is in accordance with the opinion of Rabbi Akiva, who says that in the case of such a small blemish, if they ascended the altar they shall not descend. The phrase: All of them shall descend, teaches that even Rabbi Akiva agrees that such animals that ascended while still alive shall descend.

The Gemara asks: To what case did you interpret this halakha in the mishna to be referring? You interpreted it as referring to disqualified offerings. Say the latter clause: And likewise, a burnt offering that ascended to the top of the altar alive shall descend. But if one slaughtered the animal at the top of the altar, he should flay it and cut it into pieces in its place, and it is not removed from the altar. And if the mishna is referring to a disqualified offering one must ask: Is a disqualified offering fit for flaying and cutting? The Merciful One states: “And he shall flay the burnt offering, and cut it into its pieces” (Leviticus 1:6), and the word “it” indicates an exclusion: Only fit offerings are flayed and cut, and not those that are disqualified.

The Gemara answers: In the latter clause we come to refer to a fit offering. The Gemara asks: And what does this teach us? The Gemara answers: It teaches that there is flaying and cutting at the top of the altar, and it is not considered degrading to the altar.

The Gemara asks: But according to the one who says that there is no flaying and cutting at the top of the altar, what can be said? The Gemara answers: According to that opinion, what are we dealing with here? We are dealing with a case where the animal that ascended while still alive had a time of fitness, during which it was slaughtered atop the altar and its blood was presented, and thereafter it became disqualified. And the last clause of the mishna is in accordance with the opinion of Rabbi Elazar, son of Rabbi Shimon, who says: Since the blood was sprinkled, thereby effecting acceptance of the flesh of the offering for a moment, even if the offering then became disqualified, he shall flay it and its hide is given to the priests, and its flesh is burned.

The Gemara asks: But if the mishna is referring to an offering that became disqualified, then with regard to that which is taught in a baraita concerning the mishna: What shall he do with such an offering? He takes the innards down from the altar, placing them below it, and thereafter rinses them, why do I need to do so? Since the innards of a disqualified offering may not be returned to the altar once they have been removed from it, why should they be removed from the altar?

The Gemara responds: Rather, what should we do? Should we offer them with their dung? Doesn’t the verse state: “Present it now to your governor; will he be pleased with you? Or will he accept your person?” (Malachi 1:8), and isn’t it derived from this verse that items considered repulsive to people are not fit for use as an offering for the Most High?

The Gemara clarifies: This is what we are saying: Since one removes the innards of a disqualified offering from atop the altar and they may not be returned, why do I need to rinse them? The Gemara answers: The concern is that if another priest chances upon these innards and does not know that they are disqualified for the altar, he will sacrifice them upon the altar with their dung.

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

Zevachim 85a examines liability for slaughtering animals at night or offering birds outside the Temple courtyard, comparing these disqualified sacrificial cases.