Monday, April 03, 2006

Parsha Chabura VaYikra: The Mitvah Of Bringing A Korbon

This week's chaburah was about where does the mitzvah of bringing a korbon fit into the minyan hamitzvos.

There is a machlokes between the Rambam and Ramban on this point.

Shittas Rambam

The Rambam in Shoresh 12 of his Sefer HaMitzvos explains that whenever you have a mitzvah that requires several actions, you do not count each action or melacha as a separate mitzvah. One example he brings is the mitzvah of korbon. Although each type of korbon (oleh, shelamim, chatas) is counted as a separate mitzvah, the various acts that go into the korbon like skinning the animal or bringing wine are not counted as a mitzvah. The only exception is when you have an act that applies to all the korbonos. For example, the requirements that a korbon be 8 days old, not have a blemish and be brought with salt are all counted as 3 separate mitzvos. The reason is because these requirements apply to all korbonos and are not limited to specific korbonos.
Parenthetically, the Rambam is coming l'afukei the B'HaG who counts the various acts of the korbonos like mixing of oil and flour and the kemitzah as separate mitzvos.

Shittas HaRamban

The Ramban in princple agrees with the Rambam. However, he asks one question on the Rambam. Besides listing as a mitzvah the actual hakravah of the korbon the Rambam also liosts as a mitzvah the chiyuv to bring it. The Ramban asks why does this not fall under the catagory of not listing the various melachos of the mitzvah. The Ramban also rejects the idea that the mitzvas haba'ah (to bring the korbon) is on the owner and the mitzvas hakravah on the mizbeiyach is on the kohanim. Therefore, the Ramban says you only count one mitzvah for each korbon. However, he does add that there is a general chiyuv on the kohanim to do the avodah and that is counted as a separate mitzvah.

Answering The Rambam

1) Both the Lev Sameach and Marginisa Tova say that the answer the Ramban rejects is precisely what the Rambam held. The Rambam held there was one mitzva on teh owners to bring the korbon to the kohein and a second mitzva on the kohein to bring it on the mizbeiyach.
The Marginisa Tova brings a rayah from the gemara in kiddushin 21B. The gemara discusses whether a kohein is "sh'luchei didan" (messenger of the owner) or
"sh'luchei d'rachmana" (messenger of Hashem). Tosfos paskens that they are "sh'luchei d'rachmana" (messenger of Hashem). Therefore, we can say that since they are messengers of Hashem it stands to reason the kohanim have their own mitzvah irrespective of the mitzva on the owners.

2) Rav Asher Weiss in his sefer Minchas Asher has a different teretz. He points out that the Rambam holds if the owner hands over his korbon nedava to the kohein, he has not fullfilled his obligation until the korbon is brought on the mizbeiyach. If the mitzvah hakravah is on the kohein (like the Marginisa Tuva says) so why is the owner not yotzei once he hands the animal to the kohein. Therefore, he quotes a Brisker Rav that the mitzva of bringing the korbon is really on the owners except there is a din in the chiyuv that it has to be done thru a kohein. Also, the Rambam does count the dinim of a mitzvah as a mitzvah. Therefore, he can count the chiyuv hakrava as a separate mitzva besides the ha'ba'ah. In the end he says you can answer his question from nedava differently. Ssince we are talking about a neder, the intention of the owner is to have the animal brought on teh mizbeiyach. Therefore, as long as the animal has not been brought on the mizbeiyach you have not fullfilled your neder even if the mitzvah is on the kohein.

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