Naftali Klar

The Rambam in Hilchot Timidin U'Musafim (1:3) states with respect to the Tamid Shel Bein Ha'arbayim:

"...Why is it [the Tamid of the afternoon] delayed two hours after the time of slaughtering? Because of individual and communal sacrifices, since it is prohibited to bring any sacrifice prior to the Tamid of the morning and to slaughter any sacrifices after the Tamid of the afternoon except for the Korban Pesach, since it is not possible for all of Israel to bring the Korban Pesach in two hours."

In Halacha 4 the Rambam states:

"The Korban Pesach is not slaughtered until after the Tamid of the afternoon."

Why does Korban Pesach warrant an exception to the rule?1 The question is strengthened by the fact that the Rambam in the Perush HaMishnayot refers to this rule as an "ikkar" ("fundamental idea"). We also need to understand the reason given by the Rambam "that it is impossible for all of Israel to sacrifice the Korban Pesach in two hours". It is unusual for the Torah to give practical reasons for the halachic formulation of Mitzvot. This type of reason is more appropriate for a Mitzvah D'Rabbanan than a Mitzvah D'Oraita! Moreover, Halacha 4 belongs in Hilchot Korban Pesach not in Hilchot Timidin U'Musafim since it relates strictly to Zman Shechitat Korban. (Note: it is appropriate to refer to Korban Pesach in Halacha 4 since once a general principle is mentioned the exception to that principle should also be mentioned.)

The Rambam in Hilchot Korban Pesach (1:1) states:

"It is a positive commandment to slaughter the [Korban] Pesach on the fourteenth of Nissan after mid day."

In Halacha 4 the Rambam states:

"The slaughtering of the [Korban] Pesach is after mid day and if one slaughters it prior to mid day it is void. And it is not slaughtered until after the Tamid of the afternoon."

These two Halachot seem to contradict each other. If the Korban Pesach can be slaughtered after chatzot why is it necessary to wait for the Tamid? In order to understand the Rambam another question must be addressed. What is the concept underlying the principle of:

"It is prohibited to bring any sacrifice prior to the Tamid of the morning and to slaughter after the Tamid of the afternoon"?

The Gemara in Pesachim (58) states:

"The Rabbis learned: From where do we know that there should not be anything prior to the Tamid of the morning? The Pasuk says 'and you should arrange upon it the [complete] offering.' What do we learn from this? Ravah said 'the offering' [refers to] the first offering [of the day]. From where do we know that nothing can be brought [on the alter] after the Tamid of the afternoon? The pasuk says 'and you should burn upon it the fats of the partial-offerings' What do we learn from this? Abaya said 'upon it [referring to the Tamid of the morning] partial-offerings' and not upon its friend [Tamid of the afternoon]. Ravah asked [Abaya]: if so say that only partial-offerings can't be brought but complete offerings can be brought [after the Tamid of the afternoon]. [so] Ravah said 'the partial offerings' [means] upon it which completes the sacrifices".

A number of questions can be asked here. Are these two independent Halachot or are they related to each other? If they are related then why is there a lack of congruency between them? By the Tamid Shel Shachar the term is "there should not be anything" whereas by the Tamid Shel Bein Ha'Arbayim the term is "nothing can be brought "? In fact the Rambam uses the terms "it is forbidden to bring" and "do not slaughterï" which differs from the Gemara! Last, how can we explain the Machloket Abaye v'Rava?

To understand the Gemara we need to better understand the idea of "Tamid". "Tamid" means "fixed" or "constant". This very idea requires that there be some framework in which it is fixed. The Gemara here is referring to events which are fixed in the framework of Avodah B'Mikdash. We can refer to this as Seder Avodah B'Mikdash.There is a set seder or "order" in which all activities take place. This means there is a relationship among the activities.

There are two ways in which we can understand this relationship. The first is where the relationship emerges from the events. This is a practical phenomena. When there are multiple events sequential relationships will emerge to create an "order". An example is that shechita precedes zrika which precedes hakrava. In fact, shechita doesn't just precede hakrava but is actually a prerequisite. However, hakrava does not necessarily require zrika. The Torah now says that there is an institution of zrika. Clearly it can not precede shechita but does it precede or follow hakrava? Thus, the Torah must institute a seder which determines its position vis a vie the other events.

The second way of understanding "seder" is that order can be said to precede the actual events. This means that the framework inherently partakes of and requires that there be an "order" and thereby dictates its sequential position. An event which takes place outside of its sequential position first and foremost violates the entire order of the framework. It may also impact upon other events within the framework, but this is not necessarily so.

An example that helps illustrate this idea is the design of a house. The architect's design dictates the location and size of the house, placement of walls, size of rooms, lighting, and even furnishings. However, it's purpose is more than a practical guide for the builder. The design is based upon a conceptual theme and every aspect of the home is part of that theme.The effect of a misplaced wall is not merely a change in the physical dimensions of a room, but a disruption of the entire theme. The completed house may be fully functional as a shelter but it has failed to realize the architect's objective2.

Using the second idea of seder we can now understand the Gemara. First, the two ideas are clearly related. In fact, the quoted pesukim are actually adjacent phrases within the same pasuk. Both Abaye and Rava learn the first pasuk to teach the idea of Seder Avodah B'Mikdash. Abaye learns the second limud to teach us a Halacha that relates to certain specific Korbanot within the seder. Rava argues with Abaye and learns the limud to teach us a separate concept of seder with respect to Korbanot. According to Rava these two different types of seder have the same starting point, namely Tamid Shel Shachar. However, the usual ending point for the seder which relates to Korbanot is the Tamid Shel Bein Ha'Arbayim, whereas the ending point for the Seder Avodah B'Mikdash is the beginning of the next day's seder. This concept of seder can be seen clearly from the pasuk which uses the word "v'arakh" which means to arrange or order rather than "v'hikriv".

This explains the apparent lack of congruence in the Gemara. The term "there should not be anything" encompasses the more universal Seder Avodah B'Mikdash as well as the seder related to Korban whereas, according to Rava, the term "nothing can be brought" applies specifically to the seder related to Korban. According to Abaye it also refers specifically to Korbanot. Now we can understand the Rambam. The fundamental idea underlying Hilchot Timidin U'Musafim is the second concept of seder mentioned above where the framework inherently partakes of order. The Rambam learns like Rava that there are two concepts of seder; one which relates to all Avodah B'Mikdash, and one which relates specifically to Korban. In Halacha 3 the Rambam is referring specifically to the seder of Korban which is why he uses the terms "it is prohibited to bring" and "do not slaughter". This concept of seder is the "ikkar".

Halacha 3 defines the seder with respect to Korban. The seder specifically has Korban Pesach after the Tamid. Why should that be? The Gemara (59a) has a limud based upon the use of the terms "bein ha"arbayim" and "erev".While the term bein ha'arbayim is used by both the Tamid and Korban Pesach the term erev is used only by the Korban Pesach. "erev" is later than bein ha'arbayim and therefore the Korban Pesach is last in the seder. Why then does the Rambam provide what seems to be a practical reason? He is in fact teaching the conceptual reasoning behind the limud. Insofar as it is not possible for all of Israel to sacrifice the Korban Pesach in two hours it would be impossible for the Torah to have designated its position in the seder prior to the Tamid. The Torah would not create a seder that inherently prevented Bnei Yisrael from fulfilling their chiyuv. The practical reason influences the D'Oraita specifically because there is a conceptual framework of seder. Had that framework not existed the Torah would not have required a separate limud of erev3. Halacha 4 now makes sense. It is appropriate to mention "the Pesach is not slaughtered until after the Tamid Shel Bein Ha'Arbayim" in Hilchot Timidin U'Musafim since it is part of the seder which relates to Korbanot. Once there is a designated position it is not possible to conduct that activity at any other position.

Based upon this there is no contradiction in Hilchot Korban Pesach. There are two Halachot; one is Zman Chiyuv Korban Pesach and the second is Seder. The Zman ha'chiyuv is "achar chatzot" whereas the Seder Ha'Korban is "achar Korban Tamid Shel Bein Ha'Arbayim. In fact, the Halacha with respect to the Korban Pesach is that if you slaughtered it before chazot it is pasul whereas if you are makriv the Korban Pesach prior to the Tamid Shel Bein Ha'Arbayim you are still yotzai.

Endnotes

1. On Erev Pesach a Mechusrai Kapparah can also be makriv a Korban after the Tamid Shel Bein Ha'Arbayim. This is truly an exception to the rule. The Gemara (59a) explains that the Aseh of Korban Pesach which carries an Onesh Karait is docheh the Halacha of "the Pesach is only slaughtered after the Korban Tamid Shel Bein Ha'Arbayim." (back to text)

2. This example is limited in that it can be argued that the essential purpose of a house is to provide shelter and the "theme" is of secondary importance. By contrast, the concept of seder in the Mikdash is essential and of primary importance. (back to text)

3. The Korban Pesach poses a problem since it would ordinarily be done before the Tamid Shel Bein Ha'Arbayim. However, practically there wasn't enough time. Had the concept of seder been just a practical issue then we should have started it earlier and if necessary complete it later. Moreover, the same reasoning that it is used by Mechusrai Kapparah can be used here, namely the Aseh of Korban Pesach which carries an Onesh Karait is docheh the Halacha of "the Pesach is only slaughtered after the Korban Tamid Shel Bein Ha'Arbayim." (back to text)