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Steinsaltz

The Gemara comments: It can be derived by inference that both Abaye and Rava hold that impurity is overridden in cases involving the public and is not entirely permitted.

The Gemara returns to discussing Ulla’s statement that partial entry of a ritually impure individual is considered entry: Let us say that a baraita (Tosefta, Nega’im 8:10) supports Ulla’s opinion: Concerning all the cases of placing hands that were there in the Temple, I say about them that the principle: Immediately following the placing of hands on the head of an offering is its slaughter, is applied, meaning that these acts must take place uninterruptedly and in the same location.

This is so except for this case of a leper who places hands on his guilt offering, which was done in the threshold of the Nicanor Gate and not in the Temple courtyard where the guilt offering was slaughtered. The reason for this is that a leper cannot enter the courtyard until they sprinkle from the blood of his sin offering and from the blood of his guilt offering on the altar on his behalf. The Gemara explains the proof: And if you say that partial entry is not considered entry, let him insert his hands and place them on the head of the offering, and the offering should then be slaughtered in that location next to the gate.

Rav Yosef said: There is no proof from here, as in accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, who says that the northern side of the courtyard in which it is permitted to slaughter offerings of the most sacred order, which includes a guilt offering, includes only the area to the north of the altar and not the entire northern section of the courtyard. This area is far north of the entrance to the courtyard, i.e., more than twenty-two cubits away. Consequently, even if the leper were to insert his hands into the courtyard and place them on the head of his guilt offering, it would not be permitted to slaughter it there.

The Gemara suggests: But let an opening [pishpash] be made in the northern courtyard wall facing the altar, where the leper can insert his hands. The Gemara explains: Abaye and Rava both say that such structural changes cannot be made to the Temple, since the verse states with regard to the Temple construction: “All in writing, as the Lord has made me wise by His hand upon me, even all the works of this pattern” (I Chronicles 28:19).

There are those who say that Rabbi Yosef said another explanation as to why the leper cannot insert his hands into the courtyard and place them on the head of the offering: Anyone who places hands on the head of an offering must insert his head and most of his body into the courtyard. What is the reason? We require placing hands with all of his force. Therefore, it is not possible for the leper to perform the placing of his hands properly without entering the courtyard, and the placing of hands on the offering is done instead in the threshold of the Nicanor Gate.

The Gemara clarifies: What does the tanna of the baraita hold? If he holds that placing hands on the head of a guilt offering of a leper is by Torah law, and the principle that immediately following the placing of hands on the head of an offering must be its slaughter is also by Torah law, let the leper openly insert his hands into the courtyard and place them on the head of the offering, as the Merciful One states in the Torah that he must do so.

Rav Adda bar Mattana says: In principle that should be done. But the prohibition against the leper entering the courtyard is a rabbinic decree, due to the concern that perhaps he will increase his steps, enter the courtyard more than is necessary, and be liable for entering there in a state of impurity. There are those who say that Rav Adda bar Mattana says that placing hands on the head of a guilt offering of a leper is indeed by Torah law, but the requirement that immediately following the placing of hands is the slaughter is not by Torah law. Therefore, he places hands on the offering outside of the courtyard.

The Gemara raises an objection from a baraita cited previously (32a): The verse states: “And he shall place his hand upon the head of the burnt offering…And he shall slaughter the bull” (Leviticus 1:4–5). Just as placing hands may be performed only by ritually pure individuals, so too, the slaughter may be performed only by ritually pure individuals. And if you say that the requirement that placing hands must immediately precede the slaughter is not by Torah law, then with regard to ritually impure individuals you also find that placing hands may be performed, since they can do so outside the courtyard.

Rather, reverse it and say that placing hands on the head of the guilt offering of a leper is not by Torah law, and therefore the leper must do so outside the courtyard, but with regard to offerings that require placing of hands by Torah law, the requirement that immediately following the placing of hands must be the slaughter is by Torah law.

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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