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so too here, the bull and goat of Yom Kippur are burned east of Jerusalem.

But according to the Rabbis, then, where outside Jerusalem do they burn them? The Gemara responds: As it is taught in a baraita: Where are the bulls and goats burned? They are burned north of Jerusalem, outside of the three camps. Rabbi Yosei HaGelili says: They are burned on the place of the ashes, where the ashes from the altar were poured.

Rava said: Who is the tanna who disagrees with Rabbi Yosei HaGelili? It is Rabbi Eliezer ben Yaakov, as it is taught in a baraita: The verse states with regard to bulls that are burned: “Where the ashes are poured out [shefekh hadeshen] shall it be burned” (Leviticus 4:12). This teaches that ashes must be there already when the bulls are burned. Rabbi Eliezer ben Yaakov says: This verse teaches that its place should slope [meshupakh] downward so that ashes from the burning will slide downhill.

Abaye said to Rava: Perhaps they disagree only about whether the place must slope, but Rabbi Eliezer ben Yaakov agrees that it must be the place where the ashes from the altar were deposited.

§ The Sages taught in a baraita: The verse states with regard to the bull and goat of Yom Kippur: “And he who burns them shall wash his garments” (Leviticus 16:28). This teaches that only the one who burns them renders his garments impure, but the one who kindles the fire does not render his garments impure, and the one who sets up the arrangement of wood does not render his garments impure. And who is considered the one who burns? One who assists at the actual time of burning.

One might have thought that this priest renders his garments impure even after the bull and goat become ash. Therefore, the verse states: “And he who burns them” (Leviticus 16:28), teaching that they, the whole bull and goat, render garments impure, but they do not render garments impure once they become ash. Rabbi Shimon says: The word “them” teaches that they render garments impure, but once the flesh is incinerated they do not render garments impure.

The Gemara asks: What is the difference between the opinion of the first tanna and the opinion of Rabbi Shimon? Rava said: The difference between them is when he turned it into a charred mass, and the form of the animal has become distorted, but has not actually become ash. The first tanna holds that at this stage the offering still transmits impurity, whereas Rabbi Shimon holds that it does not.

MISHNA: One who slaughters an offering outside the Temple courtyard and one who offers it up outside the Temple courtyard is liable for the slaughter and liable for the offering up, as each act involves an independent prohibition. If done intentionally, he is liable to receive excision from the World-to-Come [karet] for each act, and if done unwittingly, he is liable to bring a sin offering for each act.

Rabbi Yosei HaGelili says: If he slaughtered an offering inside the courtyard and then offered it up outside the courtyard, he is liable. But if he slaughtered it outside, thereby rendering it unfit, and then he offered it up outside, he is exempt for the offering up, as he offered up only an item that is unfit, and one is liable only for offering up an item that is fit to be offered up inside the Temple. The Rabbis said to him: According to your reasoning, even in a case where he slaughters it inside and offers it up outside, he should be exempt, since the moment that he took it outside the courtyard, he thereby rendered it unfit. Yet, in such a case, he is certainly liable for offering it up. So too, one who slaughters an offering outside and then offers it up outside is liable.

One who is ritually impure who ate sacrificial food, whether it was ritually impure sacrificial food or ritually pure sacrificial food, is liable to receive karet if he did so intentionally and to bring a sliding-scale offering if he did so unwittingly. Rabbi Yosei HaGelili says: An impure person who ate pure sacrificial food is liable. But an impure person who ate impure sacrificial food is exempt, as he merely ate an impure item, and the prohibition against eating sacrificial food while one is impure applies only to pure sacrificial food. The Rabbis said to him: According to your logic, this halakha would apply even in a case of an impure person who ate what had been pure sacrificial food, because once he touched it, he thereby rendered it ritually impure. Yet, in such a case, he is certainly liable for eating it. So too, an impure person who ate impure sacrificial food is liable.

And a pure person who ate impure sacrificial food is exempt, as one is liable for eating sacrificial food in impurity only due to the impurity of one’s body, but not due to the impurity of the food.

GEMARA: The mishna teaches that if one both slaughters and offers up an offering outside the Temple courtyard, he is liable for each act, as they are independent prohibitions. The Gemara asks: Granted that one is liable for the offering up, as the punishment for this act is written in the Torah and the prohibition concerning this act is also written in the Torah. The punishment is as it is written: “Any man…that offers up a burnt offering or sacrifice, and will not bring it to the entrance of the Tent of Meeting, to sacrifice it to the Lord, and that man shall be cut off from his people” (Leviticus 17:8–9). The prohibition is as it is written: “Take heed to yourself lest you offer up your burnt offerings in every place that you see” (Deuteronomy 12:13). And this is in accordance with that which Rabbi Avin says that Rabbi Elazar says: Wherever it is stated in the Torah: Observe, or: Lest, or: Do not, it is nothing other than a prohibition. Accordingly, the verse in Deuteronomy is understood as issuing a prohibition.

But for the slaughtering, why is one liable? Granted that the punishment is stated in the Torah, as it is written: “Any man…that slaughters it outside the camp, and he did not bring it to the entrance of the Tent of Meeting, to sacrifice an offering to the Lord, before the Tabernacle of the Lord…that man shall be cut off from among his people” (Leviticus 17:3–4). But from where do we derive its prohibition? One is liable only in a case where the Torah specifies both the prohibition and the punishment. The Gemara answers: The verse states in the continuation of that passage: “And they shall not slaughter anymore their offerings to the se’irim after whom they go astray” (Leviticus 17:7).

The Gemara questions the use of this verse as a source: But this verse is necessary for the purpose of expounding in accordance with the statement of Rabbi Elazar, as he says: From where is it derived with regard to one who slaughters an animal as an offering to Mercury, a pagan deity, that he is liable even though this is not the established manner in which that deity is worshipped? As it is written: “And they shall not slaughter anymore their offerings to the se’irim.” If the verse is not needed to teach the matter of worshipping a deity in accordance with its established manner, as it is already taught that one is liable for this, as it is written: “Take heed to yourself…lest you inquire after their gods, saying: How do these nations serve their gods, so too will I do likewise” (Deuteronomy 12:30), then apply it to the matter of worshipping a deity in a way that is not in accordance with its established manner.

Rabba said: Both halakhot can be derived from the same verse. Read into the verse as though it stops after the phrase: “And they shall not slaughter” (Leviticus 17:7), and relates to the prohibition against slaughtering outside the Temple courtyard, which was mentioned in the previous verses. And also read into the verse as relating to the verse’s continuation: And not anymore their offerings to the se’irim, which serves as the source for the prohibition against sacrificing offerings to false deities.

The Gemara challenges: But the verse is still necessary for the purpose of expounding that which is taught in a baraita: The verse states: “Any man…that slaughters it outside the camp, and he did not bring it to the entrance of the Tent of Meeting, to sacrifice an offering to the Lord” (Leviticus 17:3–4). Until this point, the verse is speaking about sacrificial animals that one consecrated during a period when the prohibition against sacrificing on private altars was in effect, i.e., after the Tabernacle was erected, and then he also sacrificed them during a period when the prohibition against sacrificing on private altars was in effect.

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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