Comentário sobre Zevachim 8:1
כָּל הַזְּבָחִים שֶׁנִּתְעָרְבוּ בְחַטָּאוֹת הַמֵּתוֹת, אוֹ בְשׁוֹר הַנִּסְקָל, אֲפִלּוּ אֶחָד בְּרִבּוֹא, יָמוּתוּ כֻלָּם. נִתְעָרְבוּ בְשׁוֹר שֶׁנֶּעֶבְדָה בוֹ עֲבֵרָה, אוֹ שֶׁהֵמִית אֶת הָאָדָם עַל פִּי עֵד אֶחָד, אוֹ עַל פִּי הַבְּעָלִים, בְּרוֹבֵעַ, וּבְנִרְבָּע, וּבְמֻקְצֶה, וּבְנֶעֱבָד, וּבְאֶתְנָן, וּבִמְחִיר, וּבְכִלְאַיִם, וּבִטְרֵפָה, וּבְיוֹצֵא דֹפֶן, יִרְעוּ עַד שֶׁיִּסְתָּאֲבוּ, וְיִמָּכְרוּ וְיָבִיא בִדְמֵי הַיָּפֶה שֶׁבָּהֶן מֵאוֹתוֹ הַמִּין. נִתְעָרֵב בְּחֻלִּין תְּמִימִים, יִמָּכְרוּ הַחֻלִּין לִצְרִיכֵי אוֹתוֹ הַמִּין:
Quaisquer ofertas que se misturassem com chata'ot [ofertas trazidas para expiar o pecado] [designadas para] morrer, ou com um boi [designado para ser] apedrejado, mesmo que fosse uma entre dez mil - todos eles deveriam morrer. Se eles se confundissem com um boi que era usado para cometer um pecado, ou com um boi que matasse uma pessoa com base no [testemunho de] uma única testemunha, ou no [testemunho dos] proprietários, ou com um boi que tinha relações com uma mulher, ou com quem um homem tinha relações, ou com um boi designado para idolatria, ou que era adorado, ou com um boi que era usado para pagar uma prostituta ou que era trocado por um cachorro, ou com uma raça mista, ou com um Terefah [um animal com uma condição mortal que morreria dentro de um ano], ou com um animal nascido por cesariana - tudo isso deve pastar até ficar manchado, e então eles são vendidos. E traz-se [um novo animal] igual em valor ao mais valioso dentre eles, para o mesmo tipo de sacrifício. Se [um sacrifício] se confundisse com animais não consagrados sem mácula, os animais não consagrados são vendidos àqueles que exigem esse tipo de sacrifício.
Bartenura on Mishnah Zevachim
כל שזבחים שנתערבו בחטאות המתות – this is what he said: all the animal offerings that were mixed up with sin-offerings left to die or with the ox to be stoned.
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English Explanation of Mishnah Zevachim
Introduction
Our mishnah deals with sacrifices that become mixed up with other animals. There are three possibilities in the mishnah for the type of animal the sacrifice is mixed up with:
1) Animals that cannot be eaten or sacrificed.
2) Animals that can be eaten but not sacrificed.
3) Animals that can be sacrificed or eaten.
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Bartenura on Mishnah Zevachim
אפילו אחת בריבוי ימותו כולן – for since they had become mixed up with that from which are forbidden to derive benefit, there is no remedy to redeem them that we say that they should graze until they become unfit. And they are not abrogated through a majority, for they are considered living creatures and are not nullified. And sin-offerings left to die are five in number, and they are these: the offspring of a sin-offering, an animal substituted for a sin-offering, a sin-offering whose owners have died, a sin-offering whose owners have already gained atonement through another offering and a sin-offering of sheep or goats that is more than a year old. These five sin-offerings we place them in a closed place until they die on their own, and they are called “sin-offerings left to die.”
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English Explanation of Mishnah Zevachim
All sacrifices which became mixed up with hatats that must be left to die, or with an ox that is to be stoned, even one in ten thousand, all must be left to die. To understand this clause we need to explain what a hatat is that must be left to die. There are five categories of this type of problematic hatat, cases where for some reason the hatat cannot be sacrificed and all that can be done with it is let it die. We shall learn more about this when we learn Tractate Temurah. If a valid sacrifice becomes mixed up with a hatat that must be left to die, then all of the animals that are mixed up must be left to die. The same is true if it is mixed up with an ox that has been condemned to be stoned for either killing a person or for having sexual relations with a person. In both of these cases, none of the animals mixed up can be sacrificed, even if one forbidden hatat becomes mixed up with 10,000 valid ones.
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Bartenura on Mishnah Zevachim
בשור שנעבדה בו עבירה – that it (i.e., the ox) was disqualified for offering as a sacrifice. As for example, that it put a person to death on the testimony of a single witness who is not prohibited to a commoner, because it is not stoned other than through two witnesses.
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English Explanation of Mishnah Zevachim
If they were mixed up with: an ox with which a transgression had been committed [for instance]: one that had killed a man on the testimony of one witness or of its owner; or [an ox] that had sexual relations with a woman or one with whom a man had sexual relations; or an animal set aside [for idolatry], or that had been worshipped [as an idol]; or that was the fee of a whore, or [a dog's] exchange; or that was kilayim; or terefah; or an animal born through the caesarean section, [In all of these cases] they must graze until they become defected, then they are sold, and one brings [a sacrifice] of the same kind at the price of the better of them. If the sacrifice is mixed up with another animal that cannot be sacrificed, then the animals should graze until they become defected [and thereby unfit for sacrifice], then they can all be sold and the proceeds from the better of them (or the best if there were more than two) must be used to buy a sacrifice of the same kind that was originally mixed in. The mishnah now lists possible ways for a sacrifice to become invalid. The first is that it transgresses or a transgression is committed with it. An animal that kills a human being must be executed and its meat is forbidden, but only if there are two witnesses to the killing. If there is one witness the animal cannot be sacrificed but it can be slaughtered and then eaten. Similarly, an animal that has sexual relations with a human being must be executed but only if there are two witnesses. If there is only one witness it is forbidden to sacrifice the animal but not for people to eat it. The next two categories are animals that were involved in idolatry. If there is only one witness, the animals are only prohibited as sacrifices. According to Deuteronomy 23:19 one may not bring “the fee of a whore or the pay of a dog into the house of the Lord.” The rabbis understand these two things to be an animal used to pay a prostitute or an ox used as payment for a dog. Neither of them can be used as a sacrifice. An animal born from mixed parentage, such as a ram and a ewe, cannot be sacrificed, although it can be eaten. The mishnah here lists a terefah, an animal who after having been slaughtered is found to have a defect that would have caused it to die. A terefah cannot be eaten, so commentators explain that this refers to the offspring of a terefah, which according to some opinions, cannot be sacrificed. An animal born through cesarean section also cannot be sacrificed, although it can be eaten. In all of these cases the animal cannot be used as a sacrifice but it can be eaten. Therefore, if one of these is mixed up with a sacrificial animal, they do not have to let the animals die, as was the case in the previous clause.
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Bartenura on Mishnah Zevachim
או על פי הבעלים – that its owners came to the Jewish court and admitted that it had put a person to death, that it would be exempted from stoning that they admit to a fine, it would be exempt. But to On-High, it would be prohibited, for we hold (Leviticus 1:2): “[When any of you presents an offering of cattle to the LORD, he shall choose his offering from the herd] or from the flock/ומן הצאן,” to exclude that [ox] which gores.
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English Explanation of Mishnah Zevachim
If they were mixed up with unblemished [animals] of hullin, the hullin must be sold to those who need that kind [for a sacrifice]. If the sacrifice was mixed up with unblemished non-sacred animals, then all of the animals can be sold to people who need such animals as sacrifices and then they will all eventually be used as sacrifices.
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Bartenura on Mishnah Zevachim
ברובע ונרבע – by the testimony of one witness, or by the owners, or prior to the completion of the court case, or that [animal] which killed someone or the ox which had a sexual relation with a human being (i.e., a non-Jew) or an ox with which a non-Jewish person had sexual relations, which is forbidden to the All-High, but not to the commoner.
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Bartenura on Mishnah Zevachim
מוקצה – that he had separated for a sacrifice to idolatry and was also worshipped, both of them are permitted to a commoner.
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Bartenura on Mishnah Zevachim
באתנן ומחיר – all of these are unconsecrated animals, and one animal sacrifice is mixed with them, all of them should sent out to pasture. For it is impossible to ritually slaughter one of them without a blemish, lest that this one is the animal offering. For the person who ritually slaughters Holy Things outside [the Temple courtyard] is liable for extirpation. But to sell them for the needs of burnt offerings is impossible, for they are invalidated.
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Bartenura on Mishnah Zevachim
ויביא בדמי היפה שבהן מאותו המין – if it was a sin-offering, [let him purchase] another sin-offering; if it was burnt-offering, [let him purchase] another burnt-offering. And he should the monies according to the measurement of the worth of the best of them and state: “Every place which is animal offering will be redeemed by these monies.”
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Bartenura on Mishnah Zevachim
נתערב – one animal offering in many unconsecrated fit/kosher animals.
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Bartenura on Mishnah Zevachim
ימכרו החולין – all of them.
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Bartenura on Mishnah Zevachim
לצריכי אותו המין – that the one animal offering was mixed in with them, and it was found that all of them are Holy Things from one species but it is not known who are the owners of each and every one, for the first animal offering – the name of its owners was upon it, but it is not known which it is. And the remedy, that each of one of them should be offered as a sacrifice in the name of someone and he should state that he will offer each of them as a sacrifice, behold this one is in the name of its owners.
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