Commentaire sur Zevahim 13:2
טָמֵא שֶׁאָכַל, בֵּין קֹדֶשׁ טָמֵא וּבֵין קֹדֶשׁ טָהוֹר, חַיָּב. רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר, טָמֵא שֶׁאָכַל טָהוֹר, חַיָּב. וְטָמֵא שֶׁאָכַל טָמֵא, פָּטוּר, שֶׁלֹּא אָכַל אֶלָּא דָבָר טָמֵא. אָמְרוּ לוֹ, אַף טָמֵא שֶׁאָכַל טָהוֹר, כֵּיוָן שֶׁנָּגַע בּוֹ, טִמְּאָהוּ. וְטָהוֹר שֶׁאָכַל טָמֵא, פָּטוּר, שֶׁאֵינוֹ חַיָּב אֶלָּא עַל טֻמְאַת הַגּוּף:
Une personne impure qui a mangé de la viande sacrificielle pure ou impure est responsable; Le rabbin Yose HaGlili dit: Une personne impure qui a mangé de la viande sacrificielle pure est responsable, et une personne impure qui a mangé de la viande sacrificielle impure est exonérée parce qu'elle a simplement mangé quelque chose qui était impur. Ils lui ont dit: [Si oui,] même quelqu'un d'impur qui a mangé de la viande sacrificielle pure [devrait être exempté], parce qu'une fois qu'il la touche, il la rend impure. Et une personne pure qui a mangé de la viande sacrificielle impure est exonérée, car on n'est responsable que quand il est lui-même impur.
Bartenura on Mishnah Zevachim
טמא שאכל כו' – because Rabbi Yossi Haglili and the Rabbis disagree on both of them and these two disputes are similar to each other, they taught them [in the Mishnah] together.
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English Explanation of Mishnah Zevachim
Introduction
Our mishnah contains a debate between the sages and Rabbi Yose the Galilean similar in structure to the debate in yesterday’s mishnah. Here the topic is an unclean person who eats sacrifices. This is prohibited in Leviticus 7:20.
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Bartenura on Mishnah Zevachim
רבי יוסי הגלילי אומר וכו' – when the body became ritually defiled and afterwards the meat became ritually defiled, no one disagrees that he is liable for extirpation. What they do dispute is when the meat [first] becomes ritually defiled and afterwards the body becomes defiled. The Rabbis have an inclusive prohibition (i.e., an exception to the principle that one prohibition does not take effect upon another; the second prohibition takes effect if it is a more comprehensive prohibition), for since the prohibition of the Levitical uncleanness of the body occurs upon it, it also prohibits the pure meat that was permitted from the outside, it also occurs even on the ritually impure meat, and even though it was continually prohibited, in order to make him liable even because of the Levitical uncleanness of the body. But Rabbi Yossi Haglili does not hold that one prohibition can take a legal hold where another prohibition already exists (i.e., you can punish, or impose sacrificial expiation only for the first one) with a comprehensive prohibition, and the prohibition of ritual defilement of the body does not occur on the prohibition of the ritual defilement of the meat. But the Halakha is not according to Rabbi Yossi Haglili.
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English Explanation of Mishnah Zevachim
An unclean [person] who eats [of sacrifices], whether unclean sacrifices or clean sacrifices, is liable. Leviticus 7:20 says that an unclean person who intentionally eats a sacrifice is punished with karet. According to the first opinion in the mishnah, this prohibition applies whether the sacrifice was clean and therefore permitted, or unclean and was prohibited.
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Bartenura on Mishnah Zevachim
והטהור שאכל טמא פטור – from extirpation. But he endures forty [minus one] lashes because of (Leviticus 7:19): “Flesh that touches anything impure shall not be eaten; [it shall be consumed in fire. As for other flesh, only he who is pure may eat such flesh].”
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English Explanation of Mishnah Zevachim
Rabbi Yose the Galilean says: an unclean person who eats clean [sacrifices] is liable, but an unclean person who eats unclean [sacrifices] is not liable because he ate only that which is unclean. Rabbi Yose the Galilean says that an unclean person is liable for eating a sacrifice that he would otherwise have been allowed to eat, i.e a clean sacrifice. If he ate an unclean sacrifice he is not liable because he couldn’t have eaten it even if he was clean. This is similar to Rabbi Yose’s reasoning in yesterday’s mishnah, where he stated that one is liable for offering up a sacrifice outside of the Temple only if the sacrifice was slaughtered in the Temple.
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Bartenura on Mishnah Zevachim
שאינו חייב אלא על טומאת הגוף – as it is written (Leviticus 7:20): “ [But the person who], in a state of impurity, [eats flesh from the LOD’s sacrifice of well-being,] that person shall be cut off from his kin,” This verse is speaking of Levitical uncleanness of the body.
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English Explanation of Mishnah Zevachim
They said to him: even when an unclean person eats clean [sacrifices], when he touches it, he defiles it. As in yesterday’s mishnah, the sages respond to Rabbi Yose the Galilean by saying that an unclean person cannot eat a clean sacrifice, because as soon as he touches it, he renders it unclean. Therefore, when the Torah states that it is a transgression for an unclean person to eat a sacrifice, it doesn’t make a difference whether the sacrifice was clean (before he began to eat it) or unclean in both cases he is liable.
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English Explanation of Mishnah Zevachim
A clean person who eats unclean [sacrifices] is not liable, because one is liable only on account of bodily uncleanness. The mishnah now limits the punishment in Leviticus 7:20 to a case of an unclean person who eats a clean sacrifice. While it is forbidden for a clean person to eat an unclean sacrifice, he is not liable for karet or a hatat if he does so.
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