Monday, March 22, 2021

Burning Kodshim And Chametz

The Mishna at the end of Temurah says about things that are burnt such as kelayim that if the דרך is to burn them they should be burnt, if not, they should be buried.  Rashi comments that things that are not normally burnt means liquids.  The Briskor Rav asks that the Gemorah in Zevachim (92a) says that libations that became tamah are burnt on a special fire, so we see even liquids get burnt?  The Briskor Rav differentiates between the law of burning kodshim vs. other burnings of items that are assur to derive benefit from them.  It is not normal to burn liquids and by איסו"ה that would not be the way to despose of them.  However, koshim that become tamah there is no halacha to get rid of them, it is a special halacha to burn them just as one burns up regular kodshim.  The Minchas Avrohom (Zevachim 85a) and on Torat Kohanim pg. 94) brings further proof to this principle from the Raavad (diburah d’chovah parsha 3 (5) that holds koshim that became passul need to be burnt with wood that is kasher for the mizbaoch.  Why is there such a requirement is the point is to merely to get rid of that which became disqualified?  It must be that it is a din of hakatarah as well.  In light of this we can understand why the Torat Kohanim (5:6) according to the Rash thinks that there would be a din of הפשט וניתוח on kodshim that became tameh if not for a limud.  Why would you have such a הוא אמינא?  In light of the Rav its quite understandable because it is burnt like a korban there is ample reason to assume that it may require הפשט וניתוח as well.  

One of the items on the list in the Mishna in Temurah in chametz on pesach according to Rebbe Yehuda that holds it must be burnt.  It also has the din of being removed like other איסו"ה.  The Gemorah in Pesachim (27b) explains that Rebbe Yehuda learns that chametz must be burnt from a מה מצינו from nosar.  According to this idea how could he equate the two dinim if they are quite distinct, chametz on pesach the point is to remove it but nosar has a kodshim din of being burnt? 

The above mentioned Raavad that holds you need wood that is kasher for the mizbaoch to burn kodshim that became possul says that only applies to kodshei kodashim not to kodshim kalim.   Based upon this we can say that there are two distinct halachot that apply to burning nosar.  When it is kodshei kodashim then it is a special din of haktarah like a korban but when it is kodshim kalim it is just the regular din of burning to remove the kodshim pessulim.  If that is the case we can learn out chametz from the burning of nosar from kodshim kalim.  (From R' Brown's Shabbas Hagadol drasha.)

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