Commentary for Zevachim 14:9
כָּל הַקֳּדָשִׁים שֶׁהִקְדִּישָׁן בִּשְׁעַת אִסּוּר בָּמוֹת, וְהִקְרִיבָן בִּשְׁעַת אִסּוּר בָּמוֹת בַּחוּץ, הֲרֵי אֵלּוּ בַעֲשֵׂה וְלֹא תַעֲשֶׂה, וְחַיָּבִין עֲלֵיהֶן כָּרֵת. הִקְדִּישָׁן בִּשְׁעַת הֶתֵּר בָּמוֹת, וְהִקְרִיבָן בִּשְׁעַת אִסּוּר בָּמוֹת, הֲרֵי אֵלּוּ בַעֲשֵׂה וְלֹא תַעֲשֶׂה, וְאֵין חַיָּבִין עֲלֵיהֶן כָּרֵת. הִקְדִּישָׁן בִּשְׁעַת אִסּוּר בָּמוֹת וְהִקְרִיבָן בִּשְׁעַת הֶתֵּר בָּמוֹת, הֲרֵי אֵלּוּ בַעֲשֵׂה וְאֵין בָּהֶם בְּלֹא תַעֲשֶׂה:
[Individuals] who consecrated sacrifices when the <i>Bamot</i> were forbidden, and [who] offered these sacrifices outside [the <i>Mishkan</i>] when the <i>Bamot</i> were forbidden, violated a positive commandment and a negative commandment, and were subject <i>Karet</i> because of them. If [individuals] consecrated them when the <i>Bamot</i> were permitted, and sacrificed these when the <i>Bamot</i> were prohibited, they [thereby] violated a positive commandment and a negative commandment, but they were not subject to <i>Karet</i> because of them. If [individuals] consecrated them when the <i>Bamot</i> were prohibited, and sacrificed these when the <i>Bamot</i> were permitted, they [thereby] violated a positive commandment, but not a negative commandment.
Bartenura on Mishnah Zevachim
הרי אלו בעשה – (Deuteronomy 12:11): “then you must bring everything [that I command you to the site where the LORD our God will choose to establish His name] your burnt-offerings [and other sacrifices, your tithes and contributions, and all the choice votive offerings that you vow to the LORD].,” that implies [there] but not at the temporary altars, and the prohibition is inferred from a positive commandment is a positive commandment [and its law is like a positive commandment]. Alternatively, the positive commandment of (Leviticus 17:5): “that they may bring them before the LORD, [to the priest, at the entrance of the Tent of Meeting, and offer them as sacrifices of well-being to the LORD],” and the negative commandment of (Deuteronomy 12:13): “Take care not to sacrifice your burnt offerings [in any place that you like],” and “every place”/"כל מקום" that is stated [in this verse], [the words]"השמר"/ “take care,” "פן"/not and "אל" /”do not” is not anything other than a negative commandment.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Zevachim
Introduction
When it comes to sacrificing outside the Temple, according to rabbinic reckoning one can transgress three commandments: 1) A negative commandment “Take care not to sacrifice your burnt offerings in any place you like” (Deuteronomy 12:13); 2) A positive commandment “But only in the place that the Lord will choose in one of your tribal territories” (ibid 14); 3) A commandment punished by karet “If anyone of the house of Israel or of strangers who reside among them offers a burnt offering or a sacrifice and does not bring it to the entrance of the Tent of Meeting to offer it to the Lord, that person shall be cut off from his people” (Leviticus 17:8-9).
Our mishnah deals with various situations in which one might transgress one of these commandments, but not all of them.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Zevachim
ואין חייבין עליהם כרת – because he dedicated them at the time when the temporary altars were permitted, that the person offering the sacrifice outside [the Temple courtyard] is not liable for extirpation other than on a sacrifice that if he offered it outside at the time he dedicated it, he would be liable similar to the wilderness, for extirpation is written regarding thoses who slaughtered it outside [of the Tabernacle], it is written (Leviticus 17:7): “[and that they offer their sacrifices no more to the goat-demons after whom they stray.] This shall be to them a law for all time, [throughout the ages,” “that shall be to them,” but not another to them.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Zevachim
All sacrifices consecrated while bamot were forbidden and offered outside while bamot were forbidden involve the transgression of a positive and a negative commandment, and one is liable for karet on their account. The simplest situation is one in which a person consecrated the animal to be a sacrifice while bamot were forbidden and then offered it up outside Shiloh/Jerusalem also while bamot were forbidden. Such a person has transgressed both the positive and negative commandment and is liable for karet.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Zevachim
הקדישן בשעת איסור הבמות – from that time, we call them: (Leviticus 17:5): “that they may bring them before the LORD,” but since he waited until he was not able to fulfill it, the positive command was nullified through him, but there is no negative command nor extirpation, for the warning and the punishment at the time of the offering is written, but surely the temporary altars were permitted.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Zevachim
If one consecrated them while bamot were permitted, but offered them without when bamot were forbidden, they involve the transgression of a positive and a negative commandment, but one is not liable for karet on their account. If he consecrated the animal when it was permitted to offer sacrifices at bamot, for instance when the Tabernacle stood in Gilgal, and when the Tabernacle came to Shiloh he didn’t offer it there but rather at a local altar, he is not liable for karet. However, he has transgressed both a positive and negative commandment.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Zevachim
If one consecrated them when bamot were forbidden, and offered them when bamot were permitted, they involve the transgression of a positive commandment, but they do not involve the transgression of a negative commandment. If he consecrated the animal when bamot were forbidden, for instance when the Tabernacle stood in Shiloh, and then offered it once Shiloh was destroyed and bamot were again permitted, he has transgressed the positive commandment of not bringing the animal to Shiloh while the Tabernacle was still there. However, he has not transgressed the negative commandment, nor is he liable for karet.
Ask RabbiBookmarkShareCopy