Siman - Pesachim Daf 97
- כל שבחטאת מתה בפסח קרב שלמים
It is Halacha leMoshe MiSinai that there are five cases of an animal chatas in which the animal is not offered but instead locked in a cell and allowed to starve. Two of the cases, for example, are if the owner died before it could be offered, or the owner atoned for his sin with another offering while his original chatas was missing, and then subsequently found. Shmuel said, כל שבחטאת מתה בפסח קרב שלמים – Wherever in a case of a chatas the din is that the animal is left to die, in the corresponding case of a pesach, the animal is offered as a shelamim. וכל שבחטאת רועה – and wherever in a case of a chatas the din is that the animal is left to graze, in the corresponding case of a pesach, the animal is left to graze. Rebbe Yochanan said that a pesach is not offered up as a shelamim, אלא שנמצא אחר שחיטה – unless it is found after the shechitah of the replacement.
- אבידת לילה לאו שמה אבידה
After clarifying that Shmuel agrees with Rebbe who says אבודה למיתה אזלא - a lost chatas is consigned to death even if it is found before the replacement is offered, the Gemara challenges Shmuel’s rule, since according to Rebbe, any lost chatas is left to die, whereas for a pesach where it was lost before chatzos and found before chatzos, it is left to graze? The Gemara answers that a pesach lost and found before chatzos is not considered “lost”, as Rava said, אבידת לילה לאו שמה אבידה – Lost at night is not considered “lost.” Rashi explains that if a chatas becomes lost at night and another animal is designated to replace it, and then the original animal is found before morning, even Rebbe agrees that it is not consigned to die, since nighttime is not valid for bringing korbanos.
- שחיטה קבע או חצות קבע
The Gemara challenges Shmuel’s opinion and concludes that Shmuel only said the first rule, that wherever the chatas is left to die, in the corresponding case of pesach the animal is brought as a shelamim. The Gemara asks what Shmuel was coming to teach, and answers that he meant to exclude Rebbe Yochanan’s opinion that a pesach is not offered up as a shelamim unless it is found after the shechitah. If it was found before the shechitah of its replacement, even though it was lost at the point of noon, it is left to graze. אלמא שחיטה קבע – We see that according to Rebbe Yochanan it is the shechitah of the replacement which fixes the status of reject upon the original animal. Shmuel therefore is coming to tell us, חצות קבע – that it is chatzos which fixes this status upon the animal.
