Wednesday, April 10, 2019

Holy Birds

The first Rashi on our parsha says that the words ביום טהרתו teach us that one can’t purify a metzorah at night.  The Sifsei Chachamim asks why do we need a verse to tell us this, this is a rule by all kodshim that they can offered only by day learnt out from ביום צוותו (ז:לח)?  We see from this question that he understood the birds of the metzorah are considered a korban.  However, it would seem from Rashi that the birds don’t have the status of a korban.  This would be following his own opinion in Niddah 70a ד"ה אחר צפורים that they aren’t considered a korban.  See also in the Abarbanel that seems to debate this point with the Ralbag.

The Gemorah in Kiddushin 57a learns from eglah arufah that it is forbidden to benefit from the bird of the metzorah.  However, Tosfos Yeshanim Yoma 60a ד"ה משום says that the issur of eglah arufah is like that of kodshim but the issur of the metzorah bird is a separate prohibition. Rav Elchonon (Kovetz Shiurim volume 2 21:5) asks how can the issur of the metzorah bird be different from eglah arufah if that is the source of its issur? Being as it may, we do see from the Tosfos that he doesn’t view the metzorah bird as hekdesh.

On the other hand, Tosfos in Chullin 140a ד"ה למעוטי assumes there is a pesul of משקה ישראל on the metzorah birds which indicates that it has a status of kodshim.

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