One who has become tamai via a sheretz etc. other than a dead corpse may bring a korban. The Pesach offering is unique since it is offered to eat from it, even other types of tumah will prohibit one who is in a state of tumah from offering the korban (Rambam Beas Mikdash 2:12). The Gemorah in Pesachim (90b) derives from the story of the people that were tamah that asked about pesach sheni that even a tamah sheretz can't offer the korban for since they were at the last day of their tumah, to be tamah at night, they were akin to a tamah sheretz that is tamah for only one day and were still prohibited from offering the Pesach. Rav is of the opinion that if the individual already went to the mikvah to rinse off his tumah and is merely waiting for nightfall to be transformed to tahor (טבול יום,) then the tamai sheretz can offer the Pesach. Presumably, the same law would apply to the tamai meis. Tosfos asks so in the story of the parsha why did Moshe tell the tamai masim to wait to bring the second Pesach, he should have merely told them to immerse in a mikvah and then they could offer the Pesach? Tosfos says that in truth Moshe did tell that that and he told them the law of Pesach Shemi only if for some reason they were not able to immerse that day.
The same principle is held by the Raavad Laws of the Pesach Offering (6:1) but he explains the story differently. He understands that they already slaughtered the Pesach and only after the time for offering the korban the men approached Moshe to ascertain the halacha. Since it was to late to offer another korban, Moshe taught them the law of Pesach Shemi.
The Rambam understands that will learn from this story that it is only the טבול יום of a sheretz that can offer the Pesach offering but not the טבול יום of a meis. The Raavad asks why how can the Rambam differentiate between the two if the whole source of sheretz is from meis?
As noted before, there are two halachos that prohibit the tamai meis from offering the Pesach. One halacha is the general rule of all korbanot that they may not be offered in a state of tamai meis. There is a second law, derived from our parsha, specific to Pesach that it may be offered in tumah and that includes the tumah of meis. Rav Chayim proposes that the law specific to Pesach does not apply to the טבול יום as we in the case of tamai sheretz. It is the general law of tumas meis, applicable to any korban that does not allow the Pesach offering to be offered as a טבול יום. Sheretz is learnt from the law of tumas meis of the Pesach that would allow offering of a טבול יום, but it is prohibited because of the law of all korbanot. It still needs to be explained how can we learn from the tamei meis law of Pesach, at the end of the day it also isn't offered by a טבול יום, so the law of sheretz derived from there should follow? And how do we know the law of Pesach wouldn't prohibit the offering of a טבול יום?
From here Rav Chayim takes us to the next halacha in the Rambam (that the Raavad argues on as well.) The Rambam clarifies that the only טבול יום that can't offer the Pesach is one who became defiled by tumas meis that will destroy the count of a nazir is he became defiled by it, if its a tumah that doesn't destroy the count of a nazir, he can offer the korban as a טבול יום. Such a distinction if found regarding the obligation of entering the mikdash, but what is the source for it here? Rav Chayim explains that source is from Nazir (53a) that this distinction applies to korbanot but not to the korban Pesach. He says the Rambam will understand the Gemorah means that it is only in the law of korbanot offered in tumah that such a distinction applies but not regarding the law specific to Pesach. Hence, the law of Pesach that applies to all those that are tamei is not inclusive of a טבול יום and those that are tamei from a tumah that doesn't destroy the count of a nzair, prohibited only by the law of Pesach aren't included and can offer the Pesach. Only those prohibited because of the general rule of korbanot, a טבול יום of tumah that destroys the count of a nazir, can't offer the korban. It is in this real that we see the Pesach tumah law doesn't extend to a טבול יום.
Since the possuk in the Pesach law that extends to the tamai sheretz includes those a טבול יום that the doesn't destroy the count of the neritut when they may offer the Pesach, it from there that the טבול יום of sheretz is derived.
Many that come after Rav Chayim, including those that would consider themselves his disciple such as Rav Issur Zalmen Melter and Rav Shimon Shkap disagree with Rav Chayim and take a different approach to understanding the Rambam, but I leave that for those with further interest in the topic to peruse on their own.
No comments:
Post a Comment