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Steinsaltz

or in the case of a bird sin offering where one pinched its nape not for its sake and squeezed out its blood with the intent of consuming it or burning it beyond its designated time, or in a case where he pinched its nape with the intent to consume it or burn it beyond its designated time and squeezed out its blood not for its sake, or in a case where he pinched its nape and squeezed out its blood not for its sake, that is a case of a bird offering whose permitting factor is not sacrificed in accordance with its mitzva.

If one pinched the nape of the bird and squeezed out its blood with the intent to eat an olive-bulk of the offering outside its designated area and an olive-bulk the next day, or an olive-bulk the next day and an olive-bulk outside its designated area, or half an olive-bulk outside its designated area and half an olive-bulk the next day, or half an olive-bulk the next day and half an olive-bulk outside its designated area, the offering is disqualified and it does not include liability to receive karet.

Rabbi Yehuda disagreed and said that this is the principle: If the improper intent with regard to the time preceded the intent with regard to the area, the offering is piggul and one is liable to receive karet for eating it. And if the intent with regard to the area preceded the intent with regard to the time, the offering is disqualified and it does not include liability to receive karet. And the Rabbis say: In both this case where the intent with regard to time came first and that case where the intent with regard to area came first, the offering is disqualified and it does not include liability to receive karet.

If his intent was to eat half an olive-bulk and to burn half an olive-bulk not at the appropriate time or in the appropriate area, the offering is valid, because eating and burning do not join together.

GEMARA: The Sages taught a baraita with regard to the verse pertaining to a bird burnt offering: “And the priest shall bring it to the altar, and pinch off its head, and make it smoke on the altar” (Leviticus 1:15). What is the meaning when the verse states: And the priest shall bring it to the altar? Since the previous verse states that “he shall bring his offering,” this verse should have started with the phrase “And he shall pinch off its head.”

Since it is stated in the preceding verse: “And if his offering to the Lord be a burnt offering of birds, then he shall bring his offering of doves, or of pigeons” (Leviticus 1:14), one might have thought that one who donates a bird as an offering may not donate fewer than two birds. Therefore, the verse states: “And the priest shall bring it,” indicating that one may bring even one bird to be sacrificed on the altar.

The baraita continues analyzing the verse: What is the meaning when the verse states that “the priest shall bring it to the altar” (Leviticus 1:15)? It is to establish that only a priest may pinch its nape, as one might have thought that even a non-priest may perform this procedure. Could this not be derived through logical inference: And if with regard to a sheep burnt offering, with regard to which the verse established that it must be slaughtered in the north (see Leviticus 1:11), it did not establish that it must be slaughtered by a priest (see 32a), then in the case of a bird burnt offering, with regard to which the verse did not establish that its nape must be pinched in the north, is it not logical that the verse does not establish that its nape must be pinched by a priest? To counter this, the verse states that “the priest shall bring it to the altar,” in order to establish that its nape must be pinched specifically by a priest.

The baraita continues: One might have thought that the priest should pinch its nape with a knife. And one could derive this through a logical inference: And if with regard to slaughtering, with regard to which the verse did not establish that it must be performed by a priest, it established that it must be performed with an instrument, i.e., a knife (see 97b); then in the case of pinching, which the verse established must be performed by a priest, is it not logical that the verse establishes that it must be performed with an instrument?

To counter this, the verse states: “And the priest shall bring it near the altar and pinch off its head.” In explanation of this verse, Rabbi Akiva said: Could it enter your mind that a non-priest may approach the altar in order to sacrifice an offering? Since this is impossible, the verse does not need to state that the sacrificial rite is performed by a priest. Rather, what is the meaning when the verse states: “The priest”? It means that the pinching must be performed with the very body of the priest.

The baraita continues to analyze the verse: One might have thought that the priest may pinch the bird’s nape whether above the red line of the altar or below it. To counter this, the verse states: “And the priest shall bring it unto the altar and pinch off its head, and make it smoke on the altar.” The verse juxtaposes the pinching to the burning of the bird on the altar to teach that just as the burning occurs atop the altar, so too, the pinching occurs on the top part of the wall of the altar.

The baraita continues: The verse states that the priest shall “pinch off its head,” which must be performed at the nape. Do you say that the pinching occurs at the nape, or is it only at the throat? It can be derived through a logical inference: It is stated here, with regard to a bird burnt offering: “And pinch off its head” (Leviticus 1:15), and it is stated there, with regard to a bird sin offering: “And pinch off its head opposite its nape, but shall not separate it” (Leviticus 5:8). Just as there, the head is pinched at the nape, so too here, the head is pinched at the nape.

If the halakha of a bird burnt offering is derived from that of a bird sin offering, perhaps it should also be derived that just as there, the priest pinches off the head but does not separate it completely from the body, so too here, with regard to a bird burnt offering, he pinches off the head but does not separate it from the body. To counter this, the verse states with regard to a bird burnt offering: “And pinch off its head, and make it smoke on the altar” (Leviticus 1:15). This indicates that just as with regard to the burning of the bird burnt offering, the head is burned by itself and the body is burned by itself, so too with regard to the pinching, the head is by itself and the body is by itself, i.e., the head is completely detached from the body.

The baraita continues: And from where is it derived that the burning of the head is by itself and the body is burned by itself? As it is stated: “And he shall rend it by its wings…and the priest shall make it smoke upon the altar” (Leviticus 1:17). Since the burning of the body is stated in this verse, how do I realize the meaning of the earlier phrase: “And make it smoke on the altar” (Leviticus 1:15)? One must conclude that the verse is speaking about the burning of the head.

The baraita continues to expound the verse stated with regard to a bird burnt offering: “And its blood shall be drained out on the wall of the altar” (Leviticus 1:15). When the verse states: “And its blood shall be drained out,” it means that all of it must be drained out. The continuation of the verse indicates that it must be drained out “on the wall of the altar,” and not on the wall of the ramp, nor on the wall of the Sanctuary. And which wall of the altar is this? This is the upper wall, i.e., above the red line.

Or perhaps the verse is referring only to the lower wall, i.e., below the red line; and this can be supported by a logical inference: And if with regard to an animal offering, where the blood of its sin offering is applied above the red line, the blood of its burnt offering is applied below the red line, then with regard to a bird offering, where the blood of its sin offering is sprinkled below the red line, is it not logical that the blood of its burnt offering is sprinkled below the red line?

To counter this, the verse states: “And pinch off its head, and make it smoke on the altar; and its blood shall be drained out.” Could it enter your mind that after he has burned the bird, the priest goes back and drains out its blood? Rather, the verse serves to tell you: Just as the burning occurs atop the altar, so too, the draining occurs atop the altar. How so? The priest would ascend the ramp and turn to the surrounding ledge and arrive at the southeast corner. He would pinch off the bird’s head at its nape, and separate it from its body. He would then squeeze out its blood on the wall of the altar beside him. Nevertheless, if the priest performed the squeezing below his feet, i.e., below the surrounding ledge, even one cubit beneath the ledge, it is valid.

The baraita concludes by citing a dissenting opinion: Rabbi Neḥemya and Rabbi Eliezer ben Ya’akov say: The entire rite of a bird burnt offering is performed only atop the altar. The Gemara asks: Since the first tanna and Rabbi Neḥemya and Rabbi Eliezer ben Ya’akov agree that the bird must be burned atop the altar and its blood must be squeezed on the top part of the wall of the altar, what is the difference between them?

Abaye and Rava both say: There is a difference between them with regard to whether one may form an arrangement of wood on the surrounding ledge and burn the bird there. According to the first tanna, this is permitted when needed, and therefore it is valid if the priest squeezes out the blood on the wall up to a cubit below the surrounding ledge. According the Rabbi Neḥemya and Rabbi Eliezer ben Ya’akov, one may never burn the bird on the surrounding ledge, and therefore it is not valid if the priest squeezed out the blood below the surrounding ledge.

§ The mishna teaches that after the priest throws the bird’s head onto the fire on the altar, he arrives at the body and removes the crop and the feathers attached to it and the innards that emerge with them, and tosses them to the place of the ashes. The Sages taught in a baraita with regard to the verse pertaining to a bird burnt offering: “And he shall take away murato with its feathers” (Leviticus 1:16). This word, murato, is referring to the crop.

Had the verse written only “its crop,” one might have thought that the priest may cut the skin with a knife and take the crop without any other part of the bird. Therefore, the verse states: “With its feathers [benotzatah],” which teaches that he takes the feathers with it, i.e., he must remove the skin with the feathers still attached. The Gemara presents another opinion: Abba Yosei ben Ḥanan says: He takes the crop and he also takes its gizzard with it.

A Sage from the school of Rabbi Yishmael taught: The word benotzatah is a contraction of the words benotza shelah, meaning its feathers. This teaches that the priest cuts it with a knife, creating an opening like a window opposite the crop. This allows him to remove the crop with only the feathers and skin directly opposite it, and that is what he brings to the place of the ashes.

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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