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זבחים 104

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1 and ‘after flaying’? — Before it is eligible for flaying and after it is eligible for flaying [respectively]. What is this allusion to Rabbi and R. Eleazar b. R. Simeon? — It was taught: Rabbi said: The blood propitiates on behalf of the skin by itself. But when it is together with the flesh and a disqualification arises in it, whether before or after the sprinkling, it is the same as itself. R. Eleazar b. R. Simeon maintained: The blood does not propitiate on behalf of the skin by itself. And when it is together with the flesh and a disqualification arises in it before sprinkling, it is the same as itself; [if it arises] after the sprinkling, the flesh has been permitted for a short space of time, [and so] it is flayed, and the skin belongs to the priests. Shall we say that they differ on the same lines as R. Eliezer and R. Joshua? For it was taught: And thou shalt offer thy burnt-offerings, the flesh and the blood: R. Joshua said: If there is no blood there is no flesh, and if there is no flesh there is no blood. R. Eliezer said: The blood is [fit] even if there is no flesh, because it is said, And the blood of thy sacrifices shall be poured out [against the altar of the Lord thy God]. If so, why is it stated, And thou shalt offer thy burnt-offerings, the flesh and the blood? To teach you: just as the blood requires throwing, so does the flesh require throwing. Thus you learn that there was a space between the ascent and the altar. Shall we say that he who maintains that it propitiates agrees with R. Eliezer, while he who maintains that it does not propitiate agrees with R. Joshua? — About the view of R. Eliezer there is no controversy at all. They disagree in reference to R. Joshua. He who maintains that it does not propitiate holds as R. Joshua. While he who maintains that it does propitiate can tell you: R. Joshua rules thus only there, where there is no loss to the priests. But as for the skin, which would entail a loss to the priests, even R. Joshua admits, by analogy with a fait accompli. For it was taught: If the flesh was defiled or disqualified, or it passed without the curtains, — R. Eliezer said: He must sprinkle [the blood]; R. Joshua maintained: He must not sprinkle [the blood]. Yet R. Joshua admits that if he does sprinkle [it], it is accepted. SAID R. HANINA THE SEGAN OF THE PRIESTS etc. Did he not? Surely there are the bullocks which are burnt and the goats which are burnt? — We do not speak of [what is burnt] in pursuance of their prescribed rites. But what when [the sacrifice is disqualified] before it is flayed and before sprinkling? — We refer to a stripped [skin]. But there is [a disqualification] after flaying and before sprinkling, according to R. Eleazar b. R. Simeon who maintained [that] the blood does not propitiate on behalf of the skin by itself? — R. Hanina agrees with Rabbi. Alternatively, you may even say that he holds as R. Eliezer b. R. Simeon: Rabbi admits that there was no flaying before sprinkling. But there is [the case] where it is discovered terefah in its inwards? — He holds that where it is found terefah in its inwards, it [the blood] propitiates. This may be proved too, for it teaches, R. AKIBA OBSERVED: WE LEARN FROM HIS WORDS THAT IF ONE FLAYS A FIRSTLING AND IT IS FOUND TO BE TEREFAH, THE PRIESTS HAVE A RIGHT TO ITS SKIN. This proves it. What then does R. Akiba inform us? — He informs us this, [viz.,] that it is so even in the country. R. Hiyya b. Abba said in R. Johanan's name: The halachah is as R. Akiba. But even R. Akiba ruled thus only where an expert had permitted it, but not if an expert had not permitted it. [The Talmud however states:] The law agrees with the view of the Sages: [the flesh is buried and the skin is burnt]. MISHNAH. BULLOCKS WHICH ARE BURNT AND GOATS WHICH ARE BURNT: WHEN THEY ARE BURNT IN PURSUANCE OF THEIR PRESCRIBED RITES, THEY ARE BURNT IN THE ASH DEPOSITORY, AND DEFlle GARMENTS; BUT WHEN THEY ARE NOT BURNT IN PURSUANCE OF THEIR PRESCRIBED RITES, THEY ARE BURNT IN THE PLACE OF THE BIRAH AND DO NOT DEFILE GARMENTS.ʰʲˡʳˢʷˣʸᵃᵃᵃᵇᵃᶜᵃᵈᵃᵉᵃᶠ

2 IF THEY WERE CARRYING THEM ON STAVES, [AND] THOSE IN FRONT HAD PASSED WITHOUT THE WALL OF THE TEMPLE COURT WHILE THOSE IN THE REAR HAD NOT [YET] GONE OUT, THOSE IN FRONT DEFILE THEIR GARMENTS, WHILE THOSE IN THE REAR DO NOT DEFILE THEIR GARMENTS, UNTIL THEY GO OUT. WHEN BOTH GO OUT, BOTH DEFILE THEIR GARMENTS. R. SIMEON SAID: THEY DO NOT DEFILE [THEIR GARMENTS] UNTIL THE FIRE IS BURNING IN THE GREATER PART OF THEM. WHEN THE FLESH IS DISSOLVED, HE WHO BURNS [IT] DOES NOT DEFILE HIS GARMENTS. GEMARA. WHAT IS THE BIRAH? — Said Rabbah b. Bar Hanah in R. Johanan's name: There is a place on the Temple Mount called ‘Birah’. While Resh Lakish maintained: The whole Temple [House] is called Birah, for it is said, And to build the Birah [Temple], for which I have made provision. R. Nahman said in Rabbah b. Abbuha's name: There were three ash-pits. There was the large ash-pit in the Temple court: there they burnt most holy sacrifices and emurim of lesser sacrifices which had become disqualified. and the bullocks which were burnt and the goats which were burnt, which had become disqualified before sprinkling. There was a second ash-pit on the Temple Mount: there they burnt the bullocks which were burnt and the goats which were burnt, which had become disqualified after sprinkling. While [those which were burnt] in pursuance of their rites, [were burnt] without the three camps. Levi recited: There were three ash-pits. There was the large ash-pit in the Temple court: there they burnt most holy sacrifices and emurim of lesser sacrifices which had become disqualified, and the bullocks which were burnt and the goats which were burnt, which had become disqualified either before or after the sprinkling. There was a second ash-pit on the Temple Mount: there they burnt the bullocks which were burnt and the goats which were burnt, which had become disqualified after they had gone out. While [those burnt] in pursuance of their prescribed rites, [were burnt] without the three camps. R. Jeremiah asked: Is linah effective in the case of the bullocks which are burnt and the goats which are burnt? Do we say, linah is effective only in respect of flesh which can be eaten, but not in respect of these which cannot be eaten; or perhaps there is no difference? — Said Raba: This question was raised by Abaye, and I solved it for him from the following: And both agree that if he expressed an intention [of piggul] in connection with the eating of the bullocks and their burning, he has done nothing. Surely then, since intention does not disqualify it, linah too does not disqualify it. — [No]: perhaps only intention does not disqualify it, but linah does disqualify it. Come and hear: You trespass in respect of the bullocks which are burnt and the goats which are burnt from the time they are consecrated. Having been slaughtered, they are ready to become unfit through a tebul yom and one who lacks atonement, and through linah. Surely that means, linah of the flesh? No, it means linah of the emurim. But since the second clause teaches, You trespass in the case of all when they are in the ash-pit until the flesh is dissolved, it follows that the first clause treats of linah of the flesh? — What reason have you for supposing this? the second clause treats of the flesh, while the first clause treats of emurim. Come and hear, for Levi recited: . . . which had become disqualified after they had gone out.’ Does that not mean disqualification through linah? — No: it means disqualification through defilement or through going out. R. Eleazar asked: Is going out effective in respect of the bullocks that are burnt and the goats that are burnt? Why does he ask? — Said R. Jeremiah b. Abba: His question is asked on the view that ‘it is not time yet for them to be carried out’ [is a disqualification]. Do we say, that applies only to flesh which one is not eventually bound to carry out; but not to these, which must eventually be carried out; or perhaps here too [we argue that] it was not yet time for them to go out? — Come and hear, for Levi recited: ‘which had become disqualified after they had gone out’. Does that not mean disqualification through going out? — No: it means disqualification through defilement or linah. R. Eleazar asked: What of the bullocks which were burnt and the goats which were burnt, if the greater part of them went out through the inclusion of the smaller part of a limb? Do we cast this lesser part of the limb after its greater part, and that indeed has not gone out; or perhaps we cast it after the greater part of the animal? — It is obvious that we do not disregard the greater part of the animal and regard the greater part of the limb! Rather [the question arises] where half of it went out, through the inclusion of the greater part of the limb. Do we cast this lesser part of the limb 21ᵃᵍᵃʰᵃⁱᵃʲᵃᵏᵃˡᵃᵐᵃⁿᵃᵒᵃᵖᵃᵠᵃʳᵃˢᵃᵗᵃᵘᵃᵛᵃʷᵃˣᵃʸᵃᶻᵇᵃ