Bechoros 26: Is Olah a "Mechaper"

What’s said in this shiur

The opening of this shiur, in Rabbi Yechezkel Hartman’s own words — taken from the captions, so names and Hebrew terms may be approximate.

grow hair because he needs to bring a kaparah. By Bechoros we learned before there's a chashash a person is going to come and keep the animal to get the se'or. So therefore we not let him enjoy the hair. But by oilo, mitzad de'chud oilo is a kaparah. It's mechapern asei. But mitzad sheini de'ika lav da kaparah. So maybe he will keep it. So the sheilah is can he enjoy the hair of the oilo or not? So in Shu'os Beis in Yoreh De'ah chelek beis siman kuf beis aleph in the goya mishum son of the mechaber he brings a big question. He says what is the question of the Gemara? Look at the Gemara and the Mishnah in Erchin daf chuv aleph. The Mishnah says the chayev oilo umashkinin oso. One who's obligated to bring oilo, you take a mashkin because you're not sure if he's going to bring it. Chayev chatos you don't need to take a mashkin because they're for sure going to bring it. So clearly you see that people by oilo they're less worried and they don't bring it. So what's the worry in the safek it's mefaresh Mishnah in meseches Erchin. And as he writes it's a kushya atzumah. So the Machsei brings two answers to answer this question. The second answer which he likes more he does a cheshbon base if it's inyan derabonan but the bottom line is that there's a difference between the case in Erchin and the case by us. In the case by Erchin, why do you mashkin? Because if a person doesn't bring the korban that he owes so he's going to be over answered. He needs to bring the carbon. So, you're afraid that maybe he's going to be over answered cuz he he's going to want to keep the animal. So, they wouldn't come ask her for him.

Jump to a moment

1. 0:31grow hair because he needs to bring a kaparah. By Bechoros we learned before there's a…
2. 1:02he brings a big question. He says what is the question of the Gemara? Look at…
3. 1:35So the Machsei brings two answers to answer this question. The second answer which he likes…
4. 2:05But here, when a person holds it on, he's not over answered. The main issue is…
5. 2:37Cuz in Shulchan Aruch, in in Orach Chaim siman aleph, it says tov lo leimar parshas…
6. 3:08zayin, why is chatos come before oilo? Because moshel the praklich nichnas hamelech, v'itzu praklich nichnas…
7. 3:38the chatos first, the chatos rectifies everything. Then oilo is only a dorein. Only then oilo…
8. 4:08that's why in davening I want to say oilo before hattos. Cuz if I say hattos,…
9. 4:38do a mashkoin to make sure he's going to bring it. But I also talk about…

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