Traité Menachot

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: He holds that one derives the halakhot of the offering of an individual from the halakhot of another offering of an individual, such as the burnt offering of appearance, and one does not derive the halakhot of the offering of an individual from the halakhot of a communal offering, e.g., the bull brought for a community-wide violation.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And according to the one who said that the exclusion of a blind person is derived from the placing of hands performed by the Elders of the congregation, what is the reason that he does not derive this from the burnt offering of appearance? The Gemara answers: He holds that one derives the halakhot of a matter concerning which the requirement of placing hands is explicitly written with regard to that case itself, as is the case in the passage detailing the general requirement of placing hands, from another matter concerning which placing hands is also explicitly written with regard to that case itself, as is the case in the passage describing the bull brought for a community-wide violation of a sin. This serves to exclude the possibility of deriving the halakhot from those of the burnt offering of appearance, as the requirement to place hands upon it is not explicitly written in the Torah with regard to it, but rather it itself is derived from the requirement stated with regard to a voluntary burnt offering.

Traduction française en préparation — version anglaise (Steinsaltz) : This is as a tanna taught in a baraita in the presence of Rav Yitzḥak bar Abba: With regard to the obligatory offering brought by Aaron the High Priest on the eighth day of the inauguration of the Tabernacle, it is written: “And the burnt offering was presented, and he sacrificed in accordance with the ordinance” (Leviticus 9:16). This last phrase means: In accordance with the ordinance of a voluntary burnt offering. Accordingly, this verse teaches about every obligatory burnt offering, including the burnt offering of appearance, that it requires placing hands, just as a voluntary burnt offering does.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna states: A Canaanite slave, the agent of the owner of the offering who brings the offering on his behalf, and a woman do not place hands on their offerings. Concerning these halakhot, the Sages taught in a baraita: The term “his hand” is mentioned three times in Leviticus, chapter 3, which details the requirement of placing hands. Each mention is expounded to exclude a different case. “His hand” (Leviticus 3:2), but not the hand of his Canaanite slave; “his hand” (Leviticus 3:8), but not the hand of his agent; “his hand” (Leviticus 3:13), but not the hand of his wife.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Why do I need all these three exclusions? The Gemara explains that all three mentions are necessary, as had the Merciful One written only one exclusion, I would say that it serves to exclude only a Canaanite slave, as since he is not commanded in mitzvot it is reasonable that he cannot perform the rite of placing hands. But with regard to an agent, since he is commanded in mitzvot, and there is a principle that the halakhic status of a person’s agent is like that of himself, one might say that he could place his hands on the offering of the owner on the owner’s behalf, and thereby fulfill the requirement. Therefore, it is necessary to have an independent source to exclude an agent.

Traduction française en préparation — version anglaise (Steinsaltz) : And had the Merciful One taught us only these two halakhot, one would have excluded only a Canaanite slave and an agent, as they are not considered like his own flesh. But with regard to his wife, who is considered like his own flesh, one might say that she places her hands on her husband’s offering. Therefore, the third mention is necessary to teach that even a wife cannot fulfill the requirement on behalf of her husband.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna states: The requirement of placing hands is a non-essential mitzva. The Sages taught in a baraita: “And he shall place his hand upon the head of the burnt offering, and it shall be accepted for him to effect atonement for him” (Leviticus 1:4). The baraita asks: But does the rite of placing hands effect atonement? Isn’t atonement effected only through the presentation of the blood? As it is stated with regard to blood: “For the soul of the flesh is in the blood, and I have given it to you upon the altar to effect atonement for your souls, for it is the blood of the soul that effects atonement” (Leviticus 17:11). Rather, the verse serves to say to you that if one treated placing hands as though it were a non-essential mitzva and therefore neglected to perform it, then the verse ascribes him blame as though he did not effect atonement; but nevertheless, in actuality, the offering atones for his sin and he does not need to bring another offering.

Traduction française en préparation — version anglaise (Steinsaltz) : And it is taught in a baraita with regard to waving in this way: “He shall take one male lamb as a guilt offering to be waved to effect atonement for him” (Leviticus 14:21). The baraita asks: Does waving the offering effect atonement? Isn’t atonement effected only through the presentation of the blood? As it is stated: “For it is the blood of the soul that effects atonement” (Leviticus 17:11). Rather, the verse serves to say to you that if one treated waving as though it were a non-essential mitzva and therefore neglected to perform it, then the verse ascribes him blame as though he did not effect atonement; but nevertheless, in actuality, the offering effects atonement for his sin and he does not need to bring another offering.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna further states that placing hands is performed by leaning on the head of the offering. The Sages taught in a baraita: The phrase “his hand upon the head” is mentioned three times in Leviticus, chapter 3. Each mention is expounded to exclude the possibility of performing the rite on a different part of the animal’s body. Placing hands is performed with “his hand upon the head” (Leviticus 3:2), but not with his hand on the neck of the animal; with “his hand upon the head” (Leviticus 3:8), but not with his hand on the back of the animal; with “his hand upon the head” (Leviticus 3:13), but not with his hand on the breast of the animal.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Why do I need all these three exclusions? The Gemara explains that all three mentions are necessary, as had the Merciful One written only one exclusion, I would say that it serves to exclude only the animal’s neck, as it is not level with the head of the animal. But with regard to its back, which is level with its head, one might say that it is not precluded and that one can fulfill the requirement by placing one’s hands there. Therefore, it is necessary to have an independent source to exclude the animal’s back.

Traduction française en préparation — version anglaise (Steinsaltz) : And had the Torah taught us only these two halakhot, one would have excluded only the neck and the back, as those parts are not included in the waving of the offering, i.e., they are not waved. But with regard to the animal’s breast, which is included in the waving of the offering, one might say that it is not precluded and that one can fulfill the requirement by placing one’s hands there. Therefore, the third mention is necessary to teach that placing hands cannot be performed even on the animal’s breast.

Traduction française en préparation — version anglaise (Steinsaltz) : A dilemma was raised before the Sages: If one placed his hand on the sides of the animal’s head, what is the halakha; does one fulfill the requirement of placing hands by doing so? The Gemara answers: Come and hear, as it is taught in a baraita: Abba Bira’a, son of Rabbi Eliezer ben Ya’akov, says that the verse: “And he shall place his hand upon the head of the burnt offering” (Leviticus 1:4), indicates that it must be done with his hand on the top of its head and not with his hand on the sides of its head.