Menachot 96

תרד ותטמא ואל יטמאנה ביד ור' יהושע אומר אף יטמאנה ביד

Let it run down and become unclean, but he must not render it unclean with his own hands;<span class="x" onmousemove="('comment',' By collecting the whole of the terumah wine in an unclean vessel; he must not deliberately render it unclean, in order to save the unclean non-terumah wine.');">¹</span> and R'Joshua says, He may even render it unclean with his own hands!<span class="x" onmousemove="('comment',' Hence, according to R. Joshua, we bid a man to sin in respect of the terumah wine in order to benefit from the non-terumah wine.');">²</span>

שאני התם דלטומאה קא אזלא

- In that case it is different, since in any event will become unclean.<span class="x" onmousemove="('comment',' Lit., 'it goes to uncleanness'. It is therefore not regarded as a sin to render unclean this terumah.');">³</span> When R'Isaac came [from Palestine] he recited: If the lambs of Pentecost were slaughtered not according to the prescribed rite,<span class="x" onmousemove="('comment',' I.e., under another name, as some other sacrifice. Aliter: instead of lambs of the first year those of the second year were offered.');">⁴</span>

כי אתא רב יצחק תני כבשי עצרת ששחטן שלא כמצותן פסולין ותעובר צורתן ויצאו לבית השריפה

they are invalid; their appearance must be spoilt<span class="x" onmousemove="('comment',' They should be allowed to remain overnight whereby they become invalid and then burnt, for it is not proper to destroy any sacrificial portions that are still valid.');">⁵</span> and they must be taken away to the place of burning.

אמר רב נחמן מר דמקיש להו לחטאת תני פסולין תנא דבי לוי דגמר שלמי חובה משלמי נדבה תני כשרים

R'Nahman said to him, You, Master, who compare [the lambs of Pentecost] with the sin-offering<span class="x" onmousemove="('comment',' V. Lev. XXIII, 19; as the sin-offering is invalid if offered under another name (or, if the animal offered was over a year old) , so it is with these lambs.');">⁶</span> recite that they are invalid, but a Tanna of the School of Levi who infers obligatory peace-offerings from freewill peace-offerings<span class="x" onmousemove="('comment',' As ordinary peace-offerings are valid even though offered under another name (or, if the animal offered was over the prescribed age) , so it is with these obligatory peace-offerings of Pentecost.');">⁷</span>

דתני לוי ושאר שלמי נזיר ששחטן שלא כמצותן (כשרין ולא עלו לבעלים לשם חובה ו) נאכלין ליום ולילה ואין טעונין לא לחם ולא זרוע

recites that they are valid. For Levi taught:<span class="x" onmousemove="('comment',' Nazir 24b; Tosef. Nazir IV.');">⁸</span>

מיתיבי אשם בן שנה והביא בן שתים בן שתים והביא בן שנה פסולין ותעובר צורתן ויצאו לבית השרפה

And so with the peace-offerings of a Nazirite, if they were slaughtered not according to the prescribed rite, they are valid but they do not count in fulfilment of their owner's obligation; they may be eaten the same day and evening [until midnight], and they do not require any cakes nor the offering of the shoulder [to the priest].<span class="x" onmousemove="('comment',' As would be the case were the offering accepted in fulfilment of the Nazirite's obligation (cf. Num. VI, 19) . Now, although the peace-offering of the Nazirite is mentioned alongside with his sin-offering in verse 14 ibid., and one could conclude therefrom that the former, if offered not according to its prescribed rite, is invalid, Levi prefers to draw the inference between the identical kinds of offerings, namely from the freewill peace-offering to the obligatory peace-offering. Accordingly any obligatory peace-offerings, e.g., the Nazirite's peace-offering or the lambs of Pentecost, are valid even though offered not according to the prescribed rite, as is the case with freewill peace-offerings.');">⁹</span> An objection was raised: If for the guilt-offering that requires a lamb of the first year<span class="x" onmousemove="('comment',' That is, the guilt-offering brought by a Nazirite when rendered unclean, or the guilt-offering of a leper at his purification, in connection with acf which Holy Writ uses the expression 'a lamb', i.e., of the first year; v. Parah I, 3. kht');">¹⁰</span>

אבל עולת נזיר ועולת יולדת ועולת מצורע שהיו בני שתי שנים ושחטן כשרין

a sheep of the second year was offered, or for that which requires a sheep of the second year<span class="x" onmousemove="('comment',' That is, the guilt-offering for robbery, or the guilt-offering for sacrilege, in connection with which the term 'a ram' is used, i.e., a sheep of the second year; v. Parah ibid.');">¹¹</span> a lamb of the first year was offered,it is invalid; its appearance must be spoilt and it must be taken away to the place of burning.

כללו של דבר כל הכשר בעולת נדבה כשר בעולת חובה וכל הפסול בחטאת פסול באשם חוץ משלא לשמו

But if the burnt-offering of the Nazirite, or of a woman after childbirth, or of a leper, was a sheep of the second year and it was slaughtered, it is valid.<span class="x" onmousemove="('comment',' These obligatory burnt-offerings, although prescribed to be lambs of the first year, are nevertheless valid, for in the case of a freewill burnt-offering, if an older animal was offered in place of a younger one, the offering is valid. V. infra 107b.');">¹²</span> This is the general principle: Whatsoever is valid for a freewill burnt-offering is also valid for an obligatory burnt-offering, and whatsoever is invalid for a sin-offering is also invalid for a guilt-offering except [when the offering was slaughtered] under another name!<span class="x" onmousemove="('comment',' In which case if the offering was a sin-offering it would be invalid, but if a guilt-offering it would be valid. It will thus be seen that obligatory burnt-offerings are placed on the same footing as freewill burnt-offerings and are not compared with sin-offerings (although these are mentioned in the same verse as the obligatory burnt-offerings, cf. Lev. XIV, 19; Num. VI, 14) ; likewise obligatory peace-offerings are to be compared with freewill peace-offerings but not with sin-offerings; contra R. Isaac.');">¹³</span>

האי תנא תנא דבי לוי הוא

- The author of this Baraitha is the Tanna of the School of Levi. Come and hear from the following which Levi taught: If the guilt-offering of the Nazirite<span class="x" onmousemove="('comment',' Brought by the Nazirite who had been rendered unclean unwittingly during the continuance of his Nazirite vow. Cf. Num. VI, 12.');">¹⁴</span>

תא שמע דתני לוי אשם נזיר ואשם מצורע ששחטן שלא לשמן כשרים ולא עלו לבעלים לשום חובה

and the guilt-offering of the leper were slaughtered under another name, they are valid, but they do not count in fulfilment of the owner's obligation. If they were slaughtered before the time had arrived for the owner to offer them,<span class="x" onmousemove="('comment',' In the case of the leper, before the period of seven days had elapsed from the beginning of his cleansing rites v. Lev. XIV, 8; and in the case of the Nazirite, before he had rendered himself clean, v. Num. VI, 12.');">¹⁵</span>

שחטן מחוסר זמן בבעלים או שהיו בני שתי שנים ושחטן פסולין

or if they were of the second year, they are invalid. Now if this were so,<span class="x" onmousemove="('comment',' That the Tanna of the school of Levi draws an inference from the freewill-offering to the obligatory offering.');">¹⁶</span>

ואם איתא ליגמר משלמים שלמים משלמים גמר אשם משלמים לא גמר

he should then draw an inference from the peace-offering!<span class="x" onmousemove="('comment',' Thus, as the freewill peace-offering is valid even though a sheep of the second year was offered in place of the lamb of the first year that was vowed, so it should be with the obligatory guilt-offering.');">¹⁷</span> - He infers peace-offering from peace-offering but he does not infer guilt-offering from peace-offering.

ואי גמר שלמים משלמים ליגמר נמי אשם מאשם אשם נזיר ואשם מצורע מאשם גזילות ואשם מעילות או אשם גזילות ואשם מעילות מאשם נזיר ואשם מצורע

But then if he infers peace-offering from peace-offering he should also infer guilt-offering from guilt-offering, viz. , the guilt-offering of the Nazirite and of the leper from the guilt-offering for robbery and for sacrilege, and then the guilt-offering for robbery and for sacrilege from the guilt-offering of the Nazirite and of the leper!<span class="x" onmousemove="('comment',' With the result that all guilt-offerings are valid whether the lamb offered was of the first year or of the second year.');">¹⁸</span> - R'Shimi B'Ashi answered, We infer what is offered not according to the prescribed rite from what is similarly offered not according to the prescribed rite,<span class="x" onmousemove="('comment',' Thus the lambs of pentecost, when offered not according to their prescribed rite but e.g., under another name, are valid by inference drawn from the case of freewill peace-offerings, which are valid even though not offered according to their prescribed rite.');">¹⁹</span>

אמר רב שימי בר אשי דנין דבר שלא בהכשירו מדבר שלא בהכשירו ואין דנין דבר שלא בהכשירו מדבר שבהכשירו

but we do not infer what is offered not according to the prescribed rite from what is offered according to the prescribed rite.<span class="x" onmousemove="('comment',' I.e., that the guilt-offering of the Nazirite or of the leper should be valid when offered not according to its prescribed rite (e.g., if a sheep of the second year was offered) , by inference from the guilt-offering for robbery or for sacrilege which according to the prescribed law must be a sheep of the second year.');">²⁰</span> Do we not?

ולא והא תניא מנין ליוצא שאם עלה לא ירד שהרי יוצא כשר בבמה

Surely it has been taught: Whence do we know that if what had been taken out [of its proper place] was later brought up upon the altar it must not come down again? From the fact that with regard to the high places what was taken out was still valid to be offered!<span class="x" onmousemove="('comment',' For the law of hallowed things being taken out does not apply to the high places (i.e., private altars) as there were no restrictions of place in regard to the sacrifices offered at the high places. V. supra p. 34, nn. 3 and 4. Now here is an instance of an act though not in accordance with the prescribed rite (sc. the offering upon the altar of what was taken outside the Sanctuary) being regarded as valid by inference from the high places where such an act is permitted.');">²¹</span> -