Halacha
הלכה א
אֲכִילַת הַחַטָּאת וְהָאָשָׁם מִצְוַת עֲשֵׂה שֶׁנֶּאֱמַר (שמות כט לג) "וְאָכְלוּ אֹתָם אֲשֶׁר כֻּפַּר בָּהֶם". הַכֹּהֲנִים אוֹכְלִים וּבְעָלִים מִתְכַּפְּרִים. וְהוּא הַדִּין לִשְׁאָר הַקָּדָשִׁים שֶׁאוֹכְלִין אוֹתָן הַכֹּהֲנִים שֶׁאֲכִילָתָן מִצְוָה:
כסף משנה
1.
It is a positive commandment for the sin offerings and the guilt-offerings1Sefer HaMitzvot (positive commandment 89) and Sefer HaChinuch (mitzvah 102) include this as one of the 613 mitzvot of the Torah. to be eaten,2This mitzvah is incumbent on the priests; it is not a dimension of the obligation to bring a given sacrifice. as [Exodus 29:33] states: "And they shall eat [the sacrifices] which convey atonement."3The choice of this prooftext and the concept it teaches sheds light on an issue debated by the commentaries: Is it a positive mitzvah to partake of the meat of the sacrifices of lesser sanctity? In his Sefer HaMitzvot, loc. cit., the Rambam explains that since eating the other sacrifices does not bring about atonement, it should not be considered as an independent mitzvah. Instead, it is an extension of this mitzvah. In this instance, however, since the atonement of the person bringing the sacrifice depends on the priests' consumption of the sacrifice, it is considered as an independent mitzvah. There is extensive discussion on this issue by other Rabbis. The priests eat the sacrifices and the owners receive atonement. This also applies to other sacrifices4E.g., the communal peace offerings. that are eaten by the priests; partaking of them is a mitzvah.הלכה ב
וְכֵן אֲכִילַת שְׁיָרֵי מְנָחוֹת מִצְוַת עֲשֵׂה שֶׁנֶּאֱמַר (ויקרא ו ט) "וְהַנּוֹתֶרֶת מִמֶּנָּה יֹאכְלוּ אַהֲרֹן וּבָנָיו":
כסף משנה
2.
Similarly, partaking of the portion that remains from the meal offerings5I.e., after the handful has been taken out to be offered on the altar. See Chapter 12, Halachah 9. is a positive commandment,6Sefer HaMitzvot (positive commandment 88) and Sefer HaChinuch (mitzvah 134) include this as one of the 613 mitzvot of the Torah. This mitzvah encompasses partaking of all the different types of meal offerings (Radbaz). as [Leviticus 6:9] states: "What remains of it shall be eaten by Aaron and his sons."הלכה ג
וְאֵין חַטָּאת וְאָשָׁם וּשְׁיָרֵי מְנָחוֹת נֶאֱכָלִין אֶלָּא לְזִכְרֵי כְּהֻנָּה בָּעֲזָרָה וְאִם נֶאֶכְלוּ בַּהֵיכָל נֶאֶכְלוּ שֶׁנֶּאֱמַר (במדבר יח ט) "לְכָל מִנְחָתָם וּלְכָל חַטָּאתָם וּלְכָל אֲשָׁמָם" (במדבר יח י) "בְּקֹדֶשׁ הַקֳדָשִׁים תֹּאכְלֶנּוּ כָּל זָכָר יֹאכַל אֹתוֹ". וְכֵן שַׁלְמֵי צִבּוּר הֲרֵי הֵן כַּחַטָּאת וְכָאָשָׁם כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
3.
The sin-offering, the guilt-offering, and the remnants of the meal-offering may be eaten only by males7Even minors; see Halachah 17. of the priestly family in the Temple Courtyard.8Indeed, as stated in Chapter 11, Halachah 5, there is a prohibition against partaking of these sacrifices outside the Temple Courtyard. If they were eaten in the Temple building, their consumption is [acceptable], as [indicated by Numbers 18:9-10]: "For all of their meal-offerings, for all of their sin-offerings, and for all of their guilt-offerings.... In the most holy place,9This includes the Temple building. you shall partake of it.10Zevachim 63a asks: From that verse, it would appear that it is desirable (not merely acceptable after the fact) to partake of the offerings inside the Temple building. Our Sages then cite Leviticus 6:9 which indicates that the sacrifices should be eaten in the Temple Courtyard. They explain that it is preferable to consider the Temple Courtyard the primary place where the sacrifices are eaten, for the Temple building is the resting place for the Divine Presence and it is not befitting for that to be the primary place for eating, an activity that is essentially a human need. All males shall partake of it." Similarly, the communal peace-offerings are similar to the sin-offerings and the guilt-offerings, as we explained.11Chapter 9, Halachah 4.הלכה ד
חָזֶה וְשׁוֹק שֶׁל שְׁלָמִים נֶאֱכָלִין לְכֹהֲנִים זְכָרִים וּנְקֵבוֹת שֶׁנֶּאֱמַר בָּהֶם (במדבר יח יא) "לְךָ נְתַתִּים וּלְבָנֶיךָ וְלִבְנֹתֶיךָ". וְכֵן הַמּוּרָם מִתּוֹדָה וְהַמּוּרָם מֵאֵיל נָזִיר שֶׁנֶּאֱמַר (במדבר יח יט) "כּל תְּרוּמֹת הַקֳדָשִׁים אֲשֶׁר יָרִימוּ בְנֵי יִשְׂרָאֵל לַה' נָתַתִּי לְךָ וּלְבָנֶיךָ וְלִבְנֹתֶיךָ":
כסף משנה
4.
The breast and the thigh of the peace-offerings are eaten by both males and females of the priestly family, for with regard to these [Numbers 18:11] states: "I have given it to you, to your sons and your daughters." This also applies to the elevated portions of the thanksgiving offering and the nazirite's ram,12The breads and the portions of meat given to the priest from those offerings; see Chapter 9, Halachah 12. [ibid.:19] states: "All of the elevated portions of the consecrated [offerings] that the children of Israel shall raise up have I given to you, your sons, and your daughters."הלכה ה
וְכֵן הַבְּכוֹר שֶׁהֲרֵי נֶאֱמַר בּוֹ (במדבר יח יח) "וּבְשָׂרָם יִהְיֶה לָּךְ כַּחֲזֵה הַתְּנוּפָה וּכְשׁוֹק הַיָּמִין". וְכָל אֵלּוּ הַנֶּאֱכָלִים לַכֹּהֲנוֹת נֶאֱכָלִים לְעַבְדֵי הַכֹּהֲנִים וְלִנְשֵׁיהֶם כִּתְרוּמָה. וְכֻלָּן נֶאֱכָלִים בְּכָל הָעִיר שֶׁנֶּאֱמַר (ויקרא י יד) "אֵת חֲזֵה הַתְּנוּפָה וְאֵת שׁוֹק הַתְּרוּמָה תֹּאכְלוּ בְּמָקוֹם טָהוֹר" לֹא נֶאֱמַר בָּהֶן בְּמָקוֹם קָדוֹשׁ שֶׁהִיא הָעֲזָרָה אֶלָּא טָהוֹר שֶׁהוּא כָּל מַחֲנֵה יִשְׂרָאֵל שֶׁכְּנֶגְדוֹ לְדוֹרוֹת יְרוּשָׁלַיִם. וְהוּא הַדִּין לְמַעֲשֵׂר וּפֶסַח שֶׁהֲרֵי הֵן קָדָשִׁים קַלִּים כִּשְׁלָמִים. וְהַחַלּוֹנוֹת וָעֳבִי הַחוֹמָה כִּלְפָנִים:
כסף משנה
5.
The same applies with regard to the firstborn offering, for concerning it [ibid.:18] states: "Their meat shall be yours, like the breast with which tenufah was performed and the right thigh."13I.e., they are comparable to the peace-offering.All of these14I.e., the portions from the sacrifices of lesser sanctity, including the breast and the thigh of the peace offering and the firstborn offering. [portions of sacrificial meat] that may be eaten by the women of the priestly family may be eaten by the priests' servants and their wives, like terumah. All [these sacrifices]15Not only the portions given to the priests, but also those given to the Israelites. may be eaten throughout the city [of Jerusalem],16See Chapter 11, Halachah 6, which delineates the prohibition against eating such sacrificial meat outside of Jerusalem. as [Leviticus 10:14] states: "And the breast with which tenufah was performed and the thigh that was lifted up shall you eat in a pure place." It was not specified that they [be eaten] "in a holy place," which would mean "the Temple Courtyard," but "in a pure place." This refers to the camp of the Israelites.17As related in Hilchot Beit HaBechirah 7:11, while the Jews were journeying through the desert, their encampment was considered as divided into three camps: the Camp of the Divine Presence, the Camp of the Levites, and the Camp of the Israelites. The parallel with regard to future generations is the city of Jerusalem.
The same laws apply to the tithe offering and the Paschal sacrifice, for they are sacrifices of lesser sanctity like the peace-offerings. The windows and the thickness of the wall is considered as being within [the city].18See Hilchot Beit HaBechirah 6:9. See also parallel rulings in Hilchot Ma'aser Sheni 2:16; Hilchot Korban Pesach 9:1.
The Radbaz clarifies that this is referring to instances where the windows are open to the city. If they are open only to the area outside the wall, he maintains that they should be considered as outside the city.
הלכה ו
הַשְּׁלָמִים נֶאֱכָלִים בְּיוֹם הַזְּבִיחָה וְכָל הַלַּיְלָה וְכָל יוֹם הַמָּחֳרָת עַד שֶׁתִּשְׁקַע הַחַמָּה שֶׁנֶּאֱמַר (ויקרא ז טז) "בְּיוֹם הַקְרִיבוֹ אֶת זִבְחוֹ יֵאָכֵל וּמִמָּחֳרָת" (ויקרא ז יח) "וְאִם הֵאָכל יֵאָכֵל מִבְּשַׂר זֶבַח שְׁלָמָיו בַּיּוֹם הַשְּׁלִישִׁי" וְגוֹ'. נִמְצֵאתָ לָמֵד שֶׁהֵן נֶאֱכָלִין לִשְׁנֵי יָמִים וְלַיְלָה אֶחָד בֵּין חֵלֶק הַכֹּהֲנִים בֵּין חֵלֶק הַבְּעָלִים וְהוּא הַדִּין לִבְכוֹר וּמַעֲשֵׂר שֶׁהֲרֵי הֵן קָדָשִׁים קַלִּים כִּשְׁלָמִים:
כסף משנה
6.
The peace-offerings may be eaten on the day they were slaughtered, throughout the [following] night, and throughout the following day until sunset, as [Leviticus 7:16-18] states: "On the day when his sacrifice was offered, it shall be eaten and on its morrow... If one would partake of the peace-offering on the third day...."19The verse continues "he shall bear his sin," implying that there is a prohibition in partaking of the sacrifice at that time. Thus one can derive that they may be eaten for two days and one night. [This applies both] to the portion of the priests and the portions of the owners. This also applies to the firstborn and tithe offerings,20But not the Paschal sacrifice, as stated in Hilchot Korban Pesach 8:1, 15. for they are also sacrifices of a lesser degree of sanctity, like the peace-offerings.הלכה ז
אֲבָל הַתּוֹדָה אַף עַל פִּי שֶׁהִיא קָדָשִׁים קַלִּים אֵינָהּ נֶאֱכֶלֶת אֶלָּא בְּיוֹם הַזְּבִיחָה עִם הַלַּיְלָה שֶׁנֶּאֱמַר בָּהּ (ויקרא ז טו) "בְּיוֹם קָרְבָּנוֹ יֵאָכֵל לֹא יַנִּיחַ מִמֶּנּוּ עַד בֹּקֶר". וְכֵן אֵיל נָזִיר וְהַלֶּחֶם הַבָּא עִמָּהֶן וְכַיּוֹצֵא בָּהֶן בֵּין חֵלֶק הַכֹּהֲנִים בֵּין חֵלֶק הַבְּעָלִים וְהוּא הַדִּין לְחַטָּאת וּלְאָשָׁם וּלְשַׁלְמֵי צִבּוּר וְלִשְׁיָרֵי מְנָחוֹת שֶׁהַכּל נֶאֱכָל לְיוֹם וְלַיְלָה שֶׁנֶּאֱמַר בְּיוֹם קָרְבָּנוֹ יֵאָכֵל כָּל הַקָּרְבָּנוֹת בְּמַשְׁמָע חוּץ מִן הַשְּׁלָמִים שֶׁפֵּרֵשׁ בָּהֶן הַכָּתוּב וּבְכוֹר וּמַעֲשֵׂר הַדּוֹמִים לָהֶם:
כסף משנה
7.
The thanksgiving-offering, by contrast, even though it is one of the sacrifices of lesser sanctity, may be eaten only on the day of its sacrifice and the [following] night, as [ibid.:15] states: "It shall be eaten on the day it was offered. Do not leave anything from it until the morning." This also applies to the nazirite's ram and the bread which accompanies [these offerings], both to the portion of the priests and the portion of the owner. This also applies to the sin-offering, the guilt-offering, the communal peace-offerings, and the remainder of the meal-offerings. All of these are eaten for a day and [the following] night, as it is written: "It shall be eaten on the day it was offered."21I.e., the Rambam understands the verse as referring to all sacrifices unless it is specifically stated otherwise. This appears to include all of the sacrifices with the exception of the peace-offerings concerning which the Torah explicitly [stated otherwise] and the firstborn and tithe offerings which resemble the peace-offerings.הלכה ח
כָּל אֵלּוּ הַנֶּאֱכָלִין לְיוֹם וְלַיְלָה דִּין תּוֹרָה שֶׁהֵן נֶאֱכָלִין עַד שֶׁיַּעֲלֶה עַמּוּד הַשַּׁחַר וּכְדֵי לְהַרְחִיק מִן הָעֲבֵרָה אָמְרוּ חֲכָמִים שֶׁאֵין נֶאֱכָלִין אֶלָּא עַד חֲצוֹת הַלַּיְלָה:
כסף משנה
8.
According to Scriptural Law, all of these [sacrifices] that may be eaten on the day [of their sacrifice] and the [following] night may be eaten until dawn.22The first appearance of the sun's rays - but not the sun itself - on the eastern hemisphere. According to different halachic views, it is between 72 minutes and two hours before sunrise. In order to separate a person from sin, our Sages said that they may only be eaten until midnight.23I.e., if a person would be given the entire night, he might become lax and delay the consumption of the meat and come to partake of the meat after dawn. Giving him a more restricted time serves as a safeguard to prevent the violation of this limit. See the Rambam's Commentary to the Mishnah (Berachot 1:1).הלכה ט
כָּל הַקָּרְבָּנוֹת בֵּין קָדְשֵׁי קָדָשִׁים בֵּין קָדָשִׁים קַלִּים אֵין אוֹכְלִין אוֹתָם אֶלָּא הַטְּהוֹרִים בִּלְבַד הַמּוּלִין. אֲפִלּוּ הֶעֱרִיב שִׁמְשׁוֹ וְלֹא הֵבִיא כַּפָּרָתוֹ אֵינוֹ אוֹכֵל בְּקָדָשִׁים. וְהַטֻּמְטוּם אָסוּר לֶאֱכל בְּקָדָשִׁים לְפִי שֶׁהוּא סְפֵק עָרֵל אֲבָל הָאַנְדְּרוֹגִינוּס יֵרָאֶה לִי שֶׁאוֹכֵל בְּקָדָשִׁים קַלִּים:
כסף משנה
9.
All of the sacrifices - both those of the highest degree of sanctity and those of a lesser degree - may be eaten only by those who are ritually pure24Indeed, as stated in Hilchot Pesulei HaMukdashim 18:13, partaking of sacrificial meat in a state of ritual impurity violates a Scriptural prohibition. See also Hilchot Chagigah4. and who are circumcised.25As evident from Hilchot Sanhedrin 19:4, sec. 69, the prohibition against partaking of sacrificial meat while uncircumcised is an extension of the prohibition against partaking of terumah while uncircumcised. See Hilchot Terumah 7:10; Hilchot Korban Pesach 9:7. Even if the duration of the person's impurity has concluded,26The literal meaning of the words used by the Rambam is "his sun has set." For in most instances, it is at sunset when the duration of the term of a person's ritual impurity ends. but he has not brought the [necessary] atonement,27See Hilchot Mechusrei Kapparah, ch. 1, which explains that a zav, a zavah, a person who had been afflicted with tzara'at and a woman who gave birth or miscarried must immerse themselves in a mikveh (or in a stream) to regain ritual purity. Nevertheless, they may not partake of sacrifices until they bring the offerings required of them. See also Hilchot Pesulei HaMukdashim 18:14. he may not partake of sacrificial foods. A tumtum28A person whose gender is masked by an extra piece of flesh. may not partake of sacrificial foods, because there is an unresolved doubt whether he is uncircumcised.29I.e., if he is in fact male, circumcision will not have been performed upon him. It appears to me that an androgynus30One with both a male and female sexual organ. may partake of sacrifices of lesser sanctity.31For these sacrifices may be eaten by both males and females. Although there is a halachic uncertainty with regard to the definition of his gender (see Hilchot Nizirut 2:10), that should not prevent him from partaking of these sacrifices. He may not, however, partake of sacrifices of the highest degree of sanctity, for these may only be eaten by males and he is not categorically defined as male.The Kessef Mishneh clarifies that this leniency applies only when the male organ of the androgynus has been circumcised.
הלכה י
וּמֻתָּר לֶאֱכל אֶת הַקָּדָשִׁים בְּכָל מַאֲכָל. אֲפִלּוּ הַכֹּהֲנִים מֻתָּרִין לֶאֱכל חֶלְקָם בֵּין מִקָּדָשִׁים קַלִּים בֵּין מִקָּדְשֵׁי קָדָשִׁים בְּכָל מַאֲכָל. וּלְשַׁנּוֹת בַּאֲכִילָתָן וּלְאָכְלָם צְלוּיִים שְׁלוּקִים וּמְבֻשָּׁלִים וְלָתֵת לְתוֹכָן תַּבְלִין שֶׁל חֻלִּין אֲבָל לֹא תַּבְלִין שֶׁל תְּרוּמָה שֶׁלֹּא יָבִיאוּ אֶת הַתְּרוּמָה לִידֵי פִּסּוּל. וְהָעֲצָמוֹת הַנִּשְׁאָרוֹת מֻתָּרוֹת וְעוֹשֶׂה אָדָם מֵהֶם כָּל כֵּלִים שֶׁיִּרְצֶה:
כסף משנה
10.
It is permitted to eat sacrificial meat together with any other food. Even the priests are permitted to eat their portions - both from the sacrifices of the highest degree of sanctity and those of a lesser degree - together with any other food.32There is a slight difficulty with the Rambam's ruling, as noted by Rav Yosef Corcus in his gloss to the following halachah, for sacrifices of the highest degree of sanctity may only be eaten in the Temple Courtyard and ordinary food may not be brought into the Temple Courtyard. Rashi (Temurah 23a) explains that the intent is that one may partake of ordinary food outside the Temple Courtyard and then enter the Temple Courtyard to partake of the sacrificial food. Tosafot explains that the prohibition against bringing ordinary food into the Temple Courtyard applies only when it is not being brought there for a purpose connected with the Temple service. If, however, it is being brought there to be eaten together with the sacrifices, there is no prohibition. And they may change the manner [in which it is prepared] to be eaten, eating them roasted, lightly cooked, or thoroughly cooked33The Paschal sacrifice may only be eaten while roasted, but that is a specific obligation that does not apply to other sacrifices. and to spice them with spices that are not consecrated. They may not, however, spice them with spices that are terumah, lest this cause the terumah to be disqualified.34The sacrifices may be eaten only for a limited amount of time as mentioned above (Halachot 6-7), while there is no limit on the time terumah may be eaten. Thus if the sacrifices were cooked with terumah, the terumah could be disqualified with the sacrifices and the time in which it could be eaten would be reduced.The bones that remain are permitted [to be used for any purpose].35I.e., this is not considered as a desecration of consecrated articles (Radbaz). This applies provided there are not any portions of the bones that are fit to be eaten (Kessef Mishneh). A person may make any utensil he desires from them.
הלכה יא
הָיְתָה לָהֶם אֲכִילָה מוּעֶטֶת אוֹכְלִין עִמָּהּ חֻלִּין וּתְרוּמוֹת כְּדֵי שֶׁתִּהְיֶה נֶאֱכֶלֶת עִם הַשֹּׂבַע. הָיְתָה לָהֶן אֲכִילָה מְרֻבָּה אֵין אוֹכְלִין עִמָּהּ חֻלִּין וּתְרוּמָה כְּדֵי שֶׁלֹּא תִּהְיֶה נֶאֱכֶלֶת אֲכִילָה גַּסָּה. וְכֵן בִּשְׁיָרֵי הַמְּנָחוֹת:
כסף משנה
11.
If there was only a small amount [of sacrificial meat], ordinary food and terumah should be eaten with it so that it will be eaten in a satisfying manner.36For it is not befitting for one to leave his master's table when he is hungry (Tosafot, Pesachim 120a). If there is a large amount [of sacrificial meat], ordinary food and terumah should not be eaten with it so that one will not have overeaten.37For that is also not becoming. Similar concepts apply with regard to the remainder of the meal offerings.38I.e., that other foods may be eaten with it if there is only a small amount (Kessef Mishneh). Indeed, the verse from which the above concepts are derived (Leviticus 6:9 concerns the meal offerings.הלכה יב
אֵין מְבַשְּׁלִין חַטָּאת אוֹ אָשָׁם עִם מוּרָם מִתּוֹדָה אוֹ מֵאֵיל נָזִיר מִפְּנֵי שֶׁמְּמַעֵט בְּאוֹכְלֵיהֶן וּבִמְקוֹם אֲכִילָתָן. וְלֹא מוּרָם מִתּוֹדָה וּמֵאֵיל נָזִיר עִם בְּכוֹר אוֹ עִם חָזֶה וְשׁוֹק שֶׁל שְׁלָמִים מִפְּנֵי שֶׁמְּמַעֵט זְמַן אֲכִילָתָן. וְלֹא מוּרָם מִשְּׁלָמִים שֶׁל אֶמֶשׁ עִם חַטָּאת וְאָשָׁם שֶׁל יוֹם מִפְּנֵי שֶׁמְּמַעֵט בְּאוֹכְלֵיהֶן וּבִמְקוֹם אֲכִילָתָן וּבִזְמַן אֲכִילָתָן. אֲבָל חַטָּאת וְאָשָׁם מִתְבַּשְּׁלִין זֶה עִם זֶה וְתוֹדָה וְאֵיל נָזִיר זֶה עִם זֶה וְהַבְּכוֹר וְחָזֶה וְשׁוֹק זֶה עִם זֶה. חֲתִיכָה שֶׁל קָדְשֵׁי קָדָשִׁים אוֹ שֶׁל פִּגּוּל אוֹ נוֹתָר שֶׁנִּתְבַּשְּׁלָה עִם חֲתִיכוֹת אֲחֵרוֹת. אוֹתָן הַחֲתִיכוֹת אֲסוּרוֹת לְזָרִים וּמֻתָּרוֹת לַכֹּהֲנִים:
כסף משנה
12.
A sin-offering and a guilt-offering should not be cooked together with the elevated portion of the thanksgiving-offering or the elevated portion of the nazirite's ram because doing so restricts the type of people able to partake of them39A sin-offering and a guilt-offering may only be eaten by male priests, while the elevated portions of the thanksgiving offering and the nazirite's ram may also be eaten by their wives, their daughters, and their servants (Radbaz). and the place where they can be eaten.40A sin-offering and a guilt-offering may only be eaten in the Temple Courtyard, while the elevated portions of the thanksgiving offering and the nazirite's ram may also be eaten throughout the city of Jerusalem (ibid.).Needless to say, one may not cook a sin-offering or a guilt-offering with the portion of the thanksgiving offering and the nazirite's ram to be eaten by the owner, for doing so certainly places restrictions on that meat, preventing even the owner from partaking of it. Nor may one [cook] the elevated portion of the thanksgiving-offering or the elevated portion of the nazirite's ram with the breast and thigh of the peace-offering because doing so restricts the time in which they may be eaten.41The elevated portions of the thanksgiving offering and the nazirite's ram may be eaten only for a day and a night, while the breast and thigh of the peace-offering may be eaten on the following day as well (ibid.).
The same concepts apply with regard to cooking the meat of the thanksgiving offering or the nazirite's ram together with the meat of a peace-offering. It is only that since the Rambam had been speaking about the portions eaten by the priests, he continued to do so. Nor may the elevated portion of yesterday's peace-offering [be cooked] with a sin-offering or a guilt-offering brought today because doing so restricts the type of people able to partake of them,42For sin-offering and a guilt-offering may only be eaten by male priests, while the peace-offerings may be eaten by Israelites and women (ibid.). the place where they can be eaten,43A sin-offering and a guilt-offering may only be eaten in the Temple Courtyard, while the peace-offering may also be eaten throughout the city of Jerusalem (ibid.). and the time in which they may be eaten.44Here the restrictions are reversed for the peace offering of the previous day may only be eaten until sunset, while the sin-offering and the guilt-offering may also be eaten until midnight of the following night (ibid.).
One may, however, cook sin-offerings and guilt-offerings together, the thanksgiving offering and the nazirite's ram together, and the firstborn offering and the breast and the thigh [of the thanksgiving offering] together.45In all of these instances, the pairs of offerings mentioned may be eaten by the same type of individual, in the same places, and for the same duration of time.
If one cooked a piece [of meat] from the sacrifices of the most sacred order,46Which may only be eaten by priests. one that was piggul,47Meat from a sacrifice that was slaughtered with the intent to sprinkle its blood, offer the portions required to be offered on the altar's pyre, or partake of its meat at an improper time (Hilchot Pesulei HaMukdashim 13:1). or one that was notar48Meat that remained after the required time for partaking of this type of sacrificial meat passed (ibid. 18:10). with other pieces of sacrificial meat,49There are others who include sacrificial meat that became impure in the list of prohibitions mentioned here and indeed this is the standard text of the Mishnah (Orlah 2:16) which serves as the source for this halachah. The Rambam does not, however, include that particular in his version of the mishnah. The rationale for this distinction is discussed by the commentaries. See the notes to the following halachah. those other pieces are forbidden to non-priests and permitted to priests.50In his Commentary to the Mishnah (ibid.), the Rambam explains that this is speaking about an instance when there is sixty times more permitted meat than the piece of meat that is piggul or notar and that forbidden piece of meat was removed. See Hilchot Ma'achalot Assurot 16:5-6 with regard to the latter points. This addition satisfies the objections raised by the Ra'avad.
According to this interpretation, the fundamental point of this ruling is that the meat is permitted only to priests and not to non-priests. Although the prohibitions against piggul and notar have been nullified since the sacrificial meat was originally to be eaten only by priests, that restriction still remains. There are, however, others who interpret the mishnah differently.
הלכה יג
בְּשַׂר קָדְשֵׁי קָדָשִׁים אוֹ בְּשַׂר קָדָשִׁים קַלִּים שֶׁנִּתְבַּשֵּׁל עִם בְּשַׂר תַּאֲוָה הֲרֵי בְּשַׂר הַתַּאֲוָה אָסוּר לִטְמֵאִים וּמֻתָּר לִטְהוֹרִים:
כסף משנה
13.
When meat from the sacrifices of the most sacred order or sacrifices of lesser sanctity is cooked together with ordinary meat,51The term the Rambam uses literally translates as "the meat of desire," i.e., meat that there is no mitzvah to partake of. the ordinary meat is forbidden to those who are ritually impure52Because it has absorbed the flavor of the sacrificial meat. The Radbaz states that even if there is enough ordinary meat to nullify the presence of the sacrificial meat, the prohibition against eating the sacrificial meat in a state of ritual impurity is not nullified. and permitted to those who are ritually pure.53As the Rambam states in his Commentary to the Mishnah (Orlah 2:17), the intent is that if the sacrificial meat was from sacrifices of the most sacred order, the ordinary meat may be eaten by priests. If it was of sacrifices of lesser sanctity, it may be eaten by ordinary individuals, provided they are ritually pure.In one of his responsa, the Radbaz mentions that only the ordinary meat is permitted to be eaten, the sacrificial meat is forbidden, because it is considered to have become ritually impure because of its contact with the ordinary meat. See Hilchot Sha'ar Avot HaTumah 11:5. In his Commentary to the Mishnah, however, the Rambam states that "everything may be eaten by pure priests" or "pure non-priests."
הלכה יד
נֶאֱמַר בְּעוֹלָה (ויקרא ז ח) "עוֹר הָעלָה אֲשֶׁר הִקְרִיב לַכֹּהֵן לוֹ יִהְיֶה". וְנֶאֱמַר בְּחַטָּאת (ויקרא ו יט) "הַכֹּהֵן הַמְחַטֵּא אֹתָהּ יֹאכְלֶנָּה". וְנֶאֱמַר בְּאָשָׁם (ויקרא ז ז) "הַכֹּהֵן אֲשֶׁר יְכַפֶּר בּוֹ לוֹ יִהְיֶה". וְנֶאֱמַר בִּשְׁלָמִים (ויקרא ז יד) "לַכֹּהֵן הַזֹּרֵק אֶת דַּם הַשְּׁלָמִים לוֹ יִהְיֶה". וְנֶאֱמַר בְּמִנְחָה (ויקרא ז ט) "הַכֹּהֵן הַמַּקְרִיב אוֹתָהּ לוֹ יִהְיֶה". אֵין הַכָּתוּב מְדַבֵּר בְּכָל אֵלּוּ אֶלָּא בְּרָאוּי. שֶׁהַכֹּהֵן הָרָאוּי לַעֲבוֹדָה זֶהוּ שֶׁיֵּשׁ לוֹ חֵלֶק לֶאֱכל. וּמִי שֶׁאֵינוֹ רָאוּי בִּשְׁעַת הַקָּרְבָּן כְּגוֹן שֶׁהָיָה טָמֵא אֵין לוֹ חֵלֶק לֶאֱכל אֲפִלּוּ כְּשֶׁיִּטְהַר לָעֶרֶב. אֲבָל לְעִנְיַן חֲלוּקָה הַכּל לְאַנְשֵׁי בֵּית אָב שֶׁמַּקְרִיבִין בְּאוֹתוֹ הַיּוֹם. וְכֻלָּם חוֹלְקִים בְּכָל קָדְשֵׁי הַמִּקְדָּשׁ אִישׁ כְּאָחִיו. בֵּין זֶה שֶׁהִקְרִיב בֵּין אָחִיו שֶׁעִמּוֹ בַּמִּקְדָּשׁ שֶׁלֹּא הִקְרִיב:
כסף משנה
14.
With regard to a burnt-offering, [Leviticus 7:8] states: "The hide of the burnt-offering which the priest sacrificed will belong to him." With regard to a sin-offering, [ibid. 6:19] states: "The priest who performs the sin-offering shall partake of it." With regard to a guilt-offering, [ibid. 7:7] states: "It will belong to the priest who brings about atonement because of it." With regard to a peace-offering, [ibid.:14] states: "It will belong to the priest who pours the blood of the peace-offering." And with regard to the meal-offering, it is written: "The priest who offers it shall partake of it."54The verse cited in the text of the Mishneh Torah does not exist. The commentaries have suggested that the intent is Leviticus 7:9 as stated in the following halachah.See the gloss of the Radbaz who explains why all the different verses are necessary, because the concepts cannot be derived from each other.
In all the above instances, the verses are not referring [to the priest who actually brings the offering, but] to [any priest] who is fit to have done so. Any priest who is fit to perform the service has a right to share in the division [of the sacrifice] to partake of it.55As indicated by Halachah 17 [see also the Rambam's Commentary to the Mishnah (Zevachim 12:1)], priests with a disqualifying physical blemish are not excluded from receiving a portion of the division of the sacrifices even though they are unfit to offer them, because there is a special verse that teaches that they should receive a portion. [Conversely,] one who is not fit [to serve] at the time it is offered, e.g., he was ritually impure, does not have a right to share in the division [of the sacrifice] to partake of it even if he will regain ritual purity in the evening.
With regard to the division, the entire [matter] is given to the men of the clan who offer sacrifices that day.56See Hilchot K'lei HaMikdash 4:11 with regard to what is meant by a clan. They all share in the division of all of the sacraments of the Temple, each man [receiving the same portion] as his brother, whether he was the one who offered the sacrifice or he was together with him in the Temple, but did not offer the sacrifice.
הלכה טו
וְלָמָּה חִלֵּק הַכָּתוּב בִּמְנָחוֹת בֵּין מְנָחוֹת הָאֲפוּיוֹת וּמִנְחַת הַסּלֶת. שֶׁהֲרֵי בַּאֲפוּיוֹת הוּא אוֹמֵר (ויקרא ז ט) "כָּל הַמִּנְחָה אֲשֶׁר תֵּאָפֶה בַּתַּנּוּר לַכֹּהֵן הַמַּקְרִיב אֹתָהּ לוֹ תִהְיֶה". וּבְמִנְחַת הַסּלֶת הוּא אוֹמֵר (ויקרא ז י) "וְכָל מִנְחָה בְלוּלָה בַשֶּׁמֶן וַחֲרֵבָה לְכָל בְּנֵי אַהֲרֹן תִּהְיֶה אִישׁ כְּאָחִיו". שֶׁהָאֲפוּיָה כְּשֶׁחוֹלְקִין אוֹתָהּ אַנְשֵׁי בֵּית אָב כָּל שֶׁיַּגִּיעַ לוֹ חֶלְקוֹ אֲפִלּוּ כְּזַיִת פַּת הֲרֵי הוּא רָאוּי לוֹ שֶׁהֲרֵי אוֹכְלוֹ מִיָּד. אֲבָל הַסּלֶת אִם יְחַלְּקוּהָ בֵּינֵיהֶן נִמְצָא מַגִּיעַ לָזֶה מְלֹא כַּפּוֹ סלֶת אוֹ פָּחוֹת שֶׁאֵינוֹ רָאוּי לֹא לָלוּשׁ אוֹתוֹ וְלֹא לֶאֱפוֹתוֹ לְפִיכָךְ הָיָה עוֹלֶה עַל הַדַּעַת שֶׁיַּחְלְקוּ מִנְחָה כְּנֶגֶד מִנְחָה וְלֹא יַחְלְקוּ מִנְחָה זוֹ בִּפְנֵי עַצְמָהּ עַל כָּל אַנְשֵׁי בֵּית אָב. הֻצְרַךְ הַכָּתוּב לוֹמַר בָּהּ לְכָל בְּנֵי אַהֲרֹן תִּהְיֶה אִישׁ כְּאָחִיו לוֹמַר שֶׁיְּחַלְּקוּהָ בִּפְנֵי עַצְמָהּ. מִכָּאן אָמְרוּ חֲכָמִים אֵין חוֹלְקִין מִנְחָה כְּנֶגֶד מִנְחָה אֲפִלּוּ מַעֲשֵׂה מַחֲבַת כְּנֶגֶד מַעֲשֵׂה מַחֲבַת אוֹ סלֶת כְּנֶגֶד סלֶת. אֶלָּא כָּל אַחַת וְאַחַת חוֹלְקִין שְׁיָרֶיהָ בִּפְנֵי עַצְמָהּ:
כסף משנה
15.
Why did the verse make a distinction between the meal-offerings that are baked and the meal-offerings of flour? For with regard to [the meal-offerings] that are baked, [Leviticus 7:9] states: "Any meal-offering that is baked in an oven... it will belong to the priest who offers it" and with regard to the meal-offerings of flour [ibid.:10] states: "Any meal-offering that is mixed with oil or that is parched shall belong to all the sons of Aaron, every man like his brother."[The following explanation can be given:]57The commentaries note that the explanation appears to be the Rambam's own, rather than to stem from a prior source. When [the meal-offerings] that are baked are divided among the members of the clan, whenever a person receives a portion, even if it is [merely] an olive-sized portion of bread, it is fit for him to partake of it, because it may be eaten immediately. When, however, we are speaking of flour, if [such an offering] will be divided among them, there will be those who will receive only a handful of flour or less. This is not fit either to be kneaded into dough or to be baked. Hence, one might think that one meal offering should be apportioned in consideration of another meal-offering instead of dividing each meal-offering individually among all the members of the clan.58I.e., if there were 20 meal-offerings and 60 priests, one might think that each of the meal-offerings would be divided among three priests rather than have all 20 divided among the 60. Hence, it is necessary to explicitly state that every priest receives a portion of a meal-offering of flour. Therefore it is necessary for the Torah to state [that it] "shall belong to all the sons of Aaron, every man like his brother," i.e., that it is divided individually.
On this basis, our Sages said:59Sifra to the verse, Kiddushin 53a; Menachot 73a. that a meal offering is not divided in consideration of another meal-offering, not even one offering brought in a flat frying pan in consideration of another such offering or one flour-offering in consideration of another such offering. Instead, what remains60After the portions offered on the altar are taken. from every [offering] is divided individually.
הלכה טז
וְכֵן אֵין חוֹלְקִין עוֹף כְּנֶגֶד עוֹף. וְלֹא חַטָּאת כְּנֶגֶד חַטָּאת. וְלֹא חָזֶה וְשׁוֹק כְּנֶגֶד חָזֶה וְשׁוֹק. אֶלָּא כָּל חֵלֶק וְחֵלֶק חוֹלְקִין אוֹתוֹ בֵּינֵיהֶן בְּשָׁוֵה:
כסף משנה
16.
Similarly, an offering of fowl is not apportioned in consideration of another such offering, nor a sin-offering in consideration of another such offering, nor a breast and a thigh in consideration of another such portion.61In all these instances, one might think that it would be preferable to divide each of the sacrifices among a smaller number of priests. Instead, every [sacrificial portion] is divided among all [the members of the clan] equally.הלכה יז
אֵין הַקָּטָן חוֹלֵק אֲפִלּוּ בְּקָדָשִׁים קַלִּים אַף עַל פִּי שֶׁמֻּתָּר לְהַאֲכִילוֹ קָדְשֵׁי קָדָשִׁים. וְכֵן אִשָּׁה וְאַנְדְּרוֹגִינוּס אֵין חוֹלְקִין לָהֶם בְּקָדְשֵׁי הַמִּקְדָּשׁ כְּלָל שֶׁנֶּאֱמַר (ויקרא ז י) "אִישׁ כְּאָחִיו". אֲבָל בַּעַל מוּם בֵּין קָבוּעַ בֵּין עוֹבֵר בֵּין שֶׁנּוֹלַד בְּמוּמוֹ בֵּין שֶׁהָיָה תָּמִים וְנִפְסַל חוֹלֵק וְאוֹכֵל שֶׁנֶּאֱמַר (ויקרא כא כב) "לֶחֶם אֱלֹהָיו מִקָּדְשֵׁי הַקֳדָשִׁים" וְגוֹ'. וְהוּא שֶׁיִּהְיֶה רָאוּי לַאֲכִילָה. אֲבָל אִם הָיָה טָמֵא אֵינוֹ חוֹלֵק לֶאֱכל לָעֶרֶב:
כסף משנה
17.
Even though it is permitted to feed a minor [meat even] from sacrifices of the highest degree of sanctity, he is not given a portion, even from sacrifices of a lesser degree of sanctity.62Instead, he may only partake of what the other priests give him from their portions. Similarly, a woman and an androgynus63I.e., since the halachic status of the gender of an androgynus is not defined, he is not given a portion as a male would be. are not given a portion of the sacrifices from the Temple at all, as [the above verse] states: "Every man like his brother."64The same phrase excludes both women and minors, because the term "man" implies that the recipient must be male and of age. Since they are not fit to perform service, they are not allocated a portion of the sacrifices.[A priest] who has a disqualifying physical blemish - whether permanent or temporary, whether he was born with it or born unblemished and later disqualified - receives a portion of the sacrifices and may partake of them,65Even though he is not fit to perform service, he is considered an ordinary member of the priestly clan and given a portion of the sacrifices. There is an explicit verse requiring this [the Rambam's Commentary to the Mishnah (Zevachim 12:1)]. as [Leviticus 21:22] states: "The food of his God, of the most sacred order... he may eat." [The above applies] provided he is fit to partake [of the sacrifice at the time it is offered]. If, however, he is impure, he is not given a portion to eat in the evening.66Even if he would regain his ritual purity by the evening.
הלכה יח
וְכֹהֵן גָּדוֹל אוֹכֵל שֶׁלֹּא בַּחֲלוּקָה אֶלָּא נוֹטֵל כָּל מַה שֶּׁיִּרְצֶה:
כסף משנה
18.
The High Priest may partake [of any of the sacrifices] without a division having been made. Rather, he may take whatever he desires.הלכה יט
כָּל הָרָאוּי לַאֲכִילַת הַקָּדָשִׁים בִּשְׁעַת הַקָּרְבָּן חוֹלֵק לֶאֱכל. וְכָל מִי שֶׁאֵינוֹ רָאוּי לֶאֱכל בִּשְׁעַת הָעֲבוֹדָה אַף עַל פִּי שֶׁהוּא רָאוּי לַעֲבוֹדָה וַהֲרֵי הוּא רָאוּי לֶאֱכל לָעֶרֶב אֵינוֹ חוֹלֵק כְּדֵי לְהָנִיחַ חֶלְקוֹ לָעֶרֶב. כֵּיצַד. טְבוּל יוֹם וּמְחֻסַּר כִּפּוּרִים וְהָאוֹנֵן בְּיוֹם הַקְּבוּרָה בֵּין כֹּהֵן גָּדוֹל בֵּין כֹּהֵן הֶדְיוֹט אֵין חוֹלְקִין לֶאֱכל לָעֶרֶב:
כסף משנה
19.
All [priests] who are fit to partake of sacrificial foods at the time the sacrifice is offered receive a share [of the sacrifice] to partake of. All [priests] who are not fit to partake of sacrificial foods at the time the sacrifice is offered, even though they are fit to perform sacrificial service and will be fit to partake [of the sacrifice in the evening] do not receive a share [of the sacrifice] to set aside until the evening.67For everything depends on the priest's state at the time the sacrifice is offered (ibid.).What is implied?68I.e., which priests could be fit to perform service during the day and fit to partake of sacrifices after nightfall, but are unfit to partake of the sacrifices at the time they are offered. A priest who has immersed that day,69But will not regain purity until nightfall. one who is lacking in atonement,70A priest who had been a zav or who had been afflicted with tzara'at must immerse himself in a stream or a mikveh to regain ritual purity. In addition, he must bring a specific offering. Until he brings that offering, he is considered as lacking atonement, as explained in Hilchot Mechusrei Kapparah.
These two categories of priests are considered as fit to serve, because they would be fit to offer a communal sacrifice if it were to be brought in a state of ritual impurity. See Hilchot Bi'at HaMikdash 4:10 and Halachah 23 and notes. or one who is onein on the day of burial,71The term onein refers to a person in the acute state of mourning experienced at the time of the death of any of seven close relatives. On the day of such a relative's death, one is an onein according to Scriptural Law. If the relative is not buried on the day of his death, the priest is considered an onein according to Rabbinic Law until after the day of burial. Once the relative is buried, however, the priest may perform service and partake of sacrifices in the evening. See Hilchot Bi'at HaMikdash 2:7, 9-10. whether a High Priest72Who is permitted to serve even though he is in the state of onein mourning. See the following halachah. or an ordinary priest, should not receive a share of the sacrifices in order to partake of them in the evening.
הלכה כ
כָּל שֶׁאֵינוֹ רָאוּי לֶאֱכל אֵינוֹ רָאוּי לַעֲבֹד. חוּץ מִכֹּהֵן גָּדוֹל הָאוֹנֵן שֶׁהוּא מַקְרִיב וְאֵינוֹ אוֹכֵל כְּמוֹ שֶׁבֵּאַרְנוּ. וְכָל שֶׁאֵינוֹ רָאוּי לַעֲבֹד אֵינוֹ רָאוּי לֶאֱכל חוּץ מִבַּעַל מוּם שֶׁהֲרֵי נִתְפָּרֵשׁ בַּתּוֹרָה:
כסף משנה
20.
All [priests] who are not fit to partake of sacrificial foods are not fit to perform sacrificial service with the exception of a High Priest who is an onein who may offer sacrifices, but may not partake [of sacrificial foods], as we explained.73Hilchot Bi'at HaMikdash 2:6-8. All [priests] who are not fit to perform sacrificial service are not fit to partake of sacrificial foods74The Or Sameach suggests that the text should read "are not fit to receive a portion of sacrificial foods," because women and children are fit to partake of the sacrifices, but are not fit to perform sacrificial service. except one disqualified because of a physical blemish [whose license to partake of sacrificial foods] is explicitly stated in the Torah.75As stated in Halachah 17.הלכה כא
כָּל שֶׁאֵין לוֹ חֵלֶק בַּבָּשָׂר אֵין לוֹ חֵלֶק בָּעוֹרוֹת. אֲפִלּוּ טָמֵא בִּשְׁעַת זְרִיקַת דָּמִים וְטָהוֹר בִּשְׁעַת הֶקְטֵר חֲלָבִים אֵינוֹ חוֹלֵק בַּבָּשָׂר שֶׁנֶּאֱמַר (ויקרא ז לג) "הַמַּקְרִיב אֶת דַּם הַשְּׁלָמִים וְאֶת הַחֵלֶב מִבְּנֵי אַהֲרֹן לוֹ תִהְיֶה שׁוֹק הַיָּמִין לְמָנָה". עַד שֶׁיִּהְיֶה טָהוֹר וְרָאוּי לַעֲבוֹדָה מִשְּׁעַת זְרִיקָה עַד אַחַר הֶקְטֵר חֲלָבִים:
כסף משנה
21.
All [priests] who do not receive a portion of the sacrificial meat do not receive a portion of the hides of the sacrifices.76Zevachim 12:2 derives this concept from Leviticus 7:12: "The hide of the burnt-offering which he offered will belong to the priest," i.e., the priest must be fit to offer the sacrifice. If he is fit to offer it, he is fit to partake of it.The Radbaz explains that it is necessary for the Rambam to mention the allocation of the hides explicitly, because one might not necessarily derive this point from the allocation of the meat. Even if a priest was impure at the time when the blood [of a sacrifice] was sprinkled on the altar, but pure at the time its fats were offered on the altar's pyre,77This is speaking about an instance where a priest was impure at the time a sacrifice was slaughtered and its blood was sprinkled on the altar. Nevertheless, the offering of the fats of the sacrifice was delayed and not performed until after nightfall. In the interim, the priest immersed himself and thus was pure at the time the fats were offered. he does not receive a portion of the sacrificial meat, as [Leviticus 7:33] states: "One who offers the blood of the peace-offering and the fat from the sons of Aaron, to him the right thigh will be [given] as a portion." [Implied is that] the priest must be pure and fit to perform service from the time [the blood] is sprinkled until after the fats are offered.78For the prooftext mentions both these services.
הלכה כב
נִטְמָא אַחַר זְרִיקָה וְטָבַל וַהֲרֵי הוּא טָהוֹר אַף בִּשְׁעַת הֶקְטֵר חֲלָבִים הַדָּבָר סָפֵק אִם חוֹלֵק אִם אֵינוֹ חוֹלֵק לְפִיכָךְ אִם תָּפַס אֵין מוֹצִיאִין מִיָּדוֹ:
כסף משנה
22.
If [a priest] became impure after [the blood of the sacrifice] was sprinkled [on the altar] and immersed himself and thus was also pure when the fats were offered on the altar's pyre, there is an unresolved question whether or not he receives a portion.79For although he was pure when both these services were performed, he was impure in the interim. Therefore if he grabs a portion, it is not expropriated from him.80I.e., he is not given a portion, because he cannot prove that he is worthy of one, but it is not taken from him, since the other priests also cannot prove that he is not worthy. In both instances, the basis for the decision is the principle: When one seeks to expropriate money from a colleague, the burden of proof is on the plaintiff.הלכה כג
קָרְבַּן צִבּוּר הַבָּא בְּטֻמְאָה אַף עַל פִּי שֶׁהַטְּמֵאִים מַקְרִיבִין אוֹתוֹ אֵין חוֹלְקִין עִם הַטְּהוֹרִין לֶאֱכל לָעֶרֶב מִפְּנֵי שֶׁאֵינָם רְאוּיִים לַאֲכִילָה:
כסף משנה