Daf Yomi · Expert – Beit Midrash Analysis · Deep-Dive
Zevachim 98
Sugya Map
The Gemara on Zevachim 98a embarks on a meticulous drasha of Vayikra 7:37-38, a pivotal verse that enumerates various korbanot as part of a broader "Law of the Offerings." The thrust of the sugya is to extract universal principles applicable to all sacrifices by leveraging the specific characteristics and halakhot of the korbanot explicitly listed in this verse. This method, often termed hekkesh (juxtaposition) or ribbui (amplification), allows the Tannaim to extrapolate detailed regulations from concise Scriptural passages.
The Core Issue: Deriving Universal Sacrificial Laws
The central question addressed is how a single verse, ostensibly listing several types of offerings, serves as a fount for fundamental halakhot that govern all korbanot. The Gemara presents a series of derashot, each beginning with "Just as with regard to X, so too for all offerings mentioned in this verse..." This establishes a hermeneutical framework where the particular becomes the paradigm for the general.
Key Nafka Mina(s) (Practical Ramifications)
- Kedushat Belia (Sanctity through Absorption): Whether the physical absorption of sacrificial material (e.g., blood, meat) into a garment or object confers sanctity upon that object, requiring specific handling or purification. The sugya debates the necessity of deriving this from both Mincha (meal offering) and Chatat (sin offering).
- Shilya V'Shafir (Fetal Sac and Placenta): The status of a fetal sac and placenta found within a sacrificial animal. The sugya derives from Asham (guilt offering) that these are not sacred, even in female animals, by employing the principle of kal v'chomer from the impossible to the possible (efshar min ha'na'alav).
- Notar (Leftovers) & Tnei Shnei Kivshin: The proper disposal of sacrificial leftovers, particularly the principle that no living animals are considered notar. This impacts scenarios like tnei shnei kivshin (two animals designated as substitutes), where the surviving animal is not incinerated.
- Piggul (Sacrilege): The applicability of the halakha of piggul (an offering rendered invalid by improper intent regarding its consumption time) to all korbanot.
- Min Ha'Chol, BaYom, B'Yad Yemin (From Non-Sacred, in Daytime, with Right Hand): Fundamental procedural halakhot for avodah (sacrificial service): that korbanot must originate from non-sacred property, be offered during the day, and have their services performed with the priest's right hand. The Gemara discusses the redundancy (kedi nisba) of some of these derivations.
- Atzmot Muttarin (Bones are Permitted): The halakha that the bones of korbanot have no sanctity and are permissible for any use.
- Rava's She'elot on Dam Chatat/Olah & Chatzitza: The sugya branches into Rava's inquiries concerning the laundering requirements for garments stained by multiple layers of blood (e.g., dam chatat over dam olah), and the rules of chatzitza (interposition) for immersion when a person is accustomed to certain stains (e.g., a butcher with blood, a fat seller with fat).
Primary Sources
- Vayikra 7:37-38: "זֹאת הַתּוֹרָה לָעֹלָה לַמִּנְחָה וְלַחַטָּאת וְלָאָשָׁם וְלַמִּלּוּאִים וּלְזֶבַח הַשְּׁלָמִים: מִחוּץ לַמַּחֲנֶה בְּיוֹם צַוֹּתוֹ אֶת בְּנֵי יִשְׂרָאֵל לְהַקְרִיב אֶת קָרְבְּנֵיהֶם לַה' בְּמִדְבַּר סִינָי:" (This is the law of the burnt offering, of the meal offering, and of the sin offering, and of the guilt offering, and of the inauguration offering, and of the sacrifice of peace offerings; on the day of His commanding the children of Israel to offer their offerings to the Lord in the wilderness of Sinai.) - The foundational verse for the derashot.
- Vayikra 6:11: "כֹּל אֲשֶׁר יִגַּע בָּהֶם יִקְדָּשׁ" (Whatever shall touch them shall be sacred) - Used for kedushat belia of Mincha.
- Vayikra 29:34: "וְאִם יִוָּתֵר מִבְּשַׂר הַמִּלּוּאִים וּמִן הַלֶּחֶם עַד הַבֹּקֶר וְשָׂרַפְתָּ אֶת הַנּוֹתָר בָּאֵשׁ לֹא יֵאָכֵל כִּי קֹדֶשׁ הוּא:" (And if any of the flesh of the inauguration offering, or of the bread, remain until the morning, then you shall burn the remainder with fire; it shall not be eaten, for it is holy.) - Source for notar of Milu'im.
- Vayikra 16:11: "וְהִקְרִיב אַהֲרֹן אֶת פַּר הַחַטָּאת אֲשֶׁר לוֹ" (And Aaron shall present the bull of the sin offering, which is his.) - Source for min ha'chol for Chatat.
- Vayikra 14:16: "וְטָבַל הַכֹּהֵן אֶת אֶצְבָּעוֹ הַיְמָנִית" (And the priest shall dip his right finger.) - Source for yad yemin from the Metzora.
- Vayikra 7:33: "הַמַּקְרִיב אֶת דַּם הַשְּׁלָמִים וְאֶת הַחֵלֶב מִבְּנֵי אַהֲרֹן לוֹ תִהְיֶה שׁוֹק הַיָּמִין לְמָנָה:" (He that sacrifices the blood of the peace offerings and the fat, from among the sons of Aaron, shall have the right thigh for a portion.) - Source for linking avodah to receiving a share of meat.
- Zevachim 98a: The entire Gemara passage under discussion.
- Rashi, Tosafot on Zevachim 98a: Crucial classical commentaries.
- Steinsaltz on Zevachim 98a: Modern commentary aiding initial understanding.
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Text Snapshot
The sugya opens with a concise, almost enigmatic, statement regarding the derivation of the halakha that communal peace offerings (shlamei tzibbur) are eaten only by male priests:
איכא תנא דנפקא ליה מהכא, ואיכא תנא דנפקא ליה מהכא. Zevachim 98a:1
This phrase, "There is one tanna who derives it from here, and there is one tanna who derives it from there," immediately throws the reader into the midst of a machloket (dispute) without explicitly naming the Tannaim or the precise textual sources. The ambiguity of "הכא" (hacha, "from here") and "הכא" (hacha, "from there") underscores the Gemara's expectation of an informed reader who can fill in the blanks, or at least recognize the pattern of diverse derashot for the same halakha. Steinsaltz's commentary clarifies that both "הכא" refer to different psukim regarding Mincha and Chatat, respectively, which lead to the halakha of shlamei tzibbur being restricted to male priests through various hekkeshim to other korbanot.
The Gemara then proceeds to expound Vayikra 7:37, breaking down the implications of each korban mentioned in the verse:
חטאת - מה חטאת מתקדשת בבליעה, אף כל מתקדשין בבליעה. Zevachim 98a:2
This establishes the principle of kedushat belia (sanctity through absorption), deriving it first from Chatat.
אשם - מה אשם שילייתו ושפירתו אינן קדש בתוכו, אף כל שילייתו ושפירתו אינן קדש בתוכו. והא קסבר גופיה דקדשים קדושים, ויליף אפשר מנא עלב. Zevachim 98a:3
Here, the Asham (guilt offering) is used to teach about the status of shilya v'shafira (fetal sac and placenta). The phrase "והא קסבר גופיה דקדשים קדושים, ויליף אפשר מנא עלב" is crucial. It notes that this tanna holds that "offspring of sacrificial animals are sanctified as they are" (i.e., at birth, not in utero) and that "one derives the possible from the impossible" (yellif efshar min na'alav). The Asham is always male, hence it cannot have a fetal sac. Deriving from it that even female korbanot do not have sacred fetal sacs is a powerful kal v'chomer (a fortiori argument) from the impossible to the possible.
מילואים - מה מילואים נותרן נשרף ואין בהן חיה בנותרן, אף כל נותרן נשרף ואין בהן חיה בנותרן. Zevachim 98a:4
The Milu'im (inauguration offering) teaches about the incineration of notar (leftovers) and, critically, that living animals are not counted among notar to be incinerated. This has direct bearing on the halakha of tnei shnei kivshin.
שלמים - מה שלמים עושין פיגול ונפסלין פיגול, אף כל עושין פיגול ונפסלין פיגול. Zevachim 98a:5
The Shlamim (peace offering) establishes the applicability of piggul (sacrilege) to all korbanot.
The sugya then circles back to the Mincha (meal offering) for kedushat belia, explicitly attributing this to Rabbi Akiva:
תניא ב"ר עקיבא: מנחה - מה מנחה מתקדשת בבליעה, שנאמר "כל אשר יגע בהם יקדש", אף כל מתקדשין בבליעה. Zevachim 98a:6
This leads to a significant discussion about the necessity of both Mincha and Chatat for this derivation:
וצריכא למכתב מנחה, וצריכא למכתב חטאת. דאי כתב רחמנא מנחה, הוה אמינא: הואיל ורכה היא, מתקדשת בבליעה. אבל חטאת, אימא לא. ואי כתב רחמנא חטאת, הוה אמינא: הואיל וגסה היא, מרהיטה היא, מתקדשת בבליעה. אבל מנחה, אימא לא. צריכא. Zevachim 98a:7
The Gemara employs the classic tzarich (necessity) argument: Mincha is soft and readily absorbed, Chatat is fatty and "oozes" (marhita). Neither characteristic implies the other, hence both derivations are necessary to establish a general rule of kedushat belia for all korbanot. The term "מרהיטה" (marhita) suggests a viscous, seeping quality, distinct from the general "softness" of Mincha.
The baraita in R' Akiva's name continues with further derashot from Chatat:
חטאת - מה חטאת באה מחול ובאה ביום ובידו הימנית, אף כל באין מחול ובאין ביום ובידו הימנית. Zevachim 98a:8
This introduces three more universal halakhot: min ha'chol (from non-sacred), bayom (in the daytime), and b'yad yemin (with the right hand). The Gemara then challenges the necessity of the latter two:
ביום מ"ט ליה מ"ביום צוותו" נפקא? כדי נסבה. בידו הימנית מ"רבא בר בר חנה אמר ריש לקיש" נפקא? כדי נסבה. Zevachim 98a:9-10
The Gemara suggests that "daytime" is derived from Vayikra 7:38 ("ביום צוותו") and "right hand" from Rabba bar bar Ḥana's statement about "אצבע או כהונה" (finger or priesthood) from the Metzora (Leviticus 14:16). Both chatat derivations are thus deemed kedi nisba (superfluous). However, a terutz (resolution) is offered for yad yemin:
ואי בעית אימא סבר לה כרבי שמעון, דאמר: אצבע לא בעיא כהונה, כהונה בעיא אצבע. Zevachim 98a:11
This introduces Rabbi Shimon's nuanced view: if "finger" is mentioned, "priesthood" is not needed to imply the right hand; but if "priesthood" is mentioned, "finger" is needed. Since other korbanot mention priesthood but not a finger, the chatat derivation for yad yemin becomes necessary according to R' Shimon.
Finally, the baraita concludes with the Asham:
אשם - מה אשם עצמותיו מותרין, אף כל עצמותיו מותרין. Zevachim 98a:12
This establishes that the bones of korbanot are permissible for use. Rashi notes that this is derived from Asham because it is eaten by priests, and "leftover bones" only apply to something that is eaten.
The sugya then transitions to Rava's she'elot, exploring the practical implications of belia and chatzitza:
רבא אמר: מילתא פשיטא לי: דם חטאת מלמטה ודם עולה מלמעלה - בעי כיבוס. רבא איבעיא ליה: דם עולה מלמטה ודם חטאת מלמעלה, מאי? Zevachim 98a:13-14
Rava first states an obvious halakha – dam chatat below dam olah requires laundering, implying dam chatat is absorbed. He then poses a she'ela: what if dam olah is below dam chatat? Does the chatat blood, though not absorbed directly into the garment, still require laundering because it "touches" the garment? Or is absorption the sole criterion? Rava concludes it does not require laundering.
רבא אמר: דם על גבי בגדו חוצץ, ואם אומן קצב אינו חוצץ. רובב על גבי בגדו חוצץ, ואם אומן מוכר שומן אינו חוצץ. רבא איבעיא ליה: דם ורובב על גבי בגדו מאי? Zevachim 98a:15-16
Rava's second she'ela deals with chatzitza (interposition) for tevilah (immersion). He states that blood or fat (rovav) on a garment generally interposes, but not if the person is a professional (butcher, fat seller) accustomed to such stains. His she'ela then is about a person who is both a butcher and a fat seller, and has both blood and fat on his garment. Is he particular about one if he's not particular about two, or not particular about two either? The Gemara leaves this question unresolved (teiku).
The Mishnah then shifts to the eligibility of priests to partake in kodshim based on their ritual status or fitness for service, reinforcing the link between avodah and mana.
Readings
The Gemara's exposition of Vayikra 7:37-38, with its intricate derivations and tzarich analyses, invites extensive commentary from Rishonim and Acharonim. Their insights often clarify the underlying logic, reconcile apparent contradictions, or highlight the subtle hermeneutical principles at play.
1. Rashi: Unpacking the Kedi Nisba and R' Shimon's Logic
Rashi, as always, is the fundamental guide, illuminating the Gemara's compressed arguments. His commentary on the kedi nisba (superfluous derivation) for yad yemin (right hand) is particularly instructive.
The Gemara initially challenges the baraita's derivation of yad yemin from Chatat, positing that it's already derivable from Rabba bar bar Ḥana's principle: "כל מקום שנאמר אצבע או כהונה אינו אלא בימין" (Wherever "finger" or "priesthood" is stated, it means only the right hand). This principle is itself derived from the metzora (leper) purification where "וטבל הכהן אצבעו הימנית" (And the priest shall dip his right finger) is explicitly stated (Vayikra 14:16). If this general rule applies, why would the baraita redundantly derive it from Chatat? The Gemara's initial response is "כדי נסבה" – it was brought for no reason, merely as part of a cluster of derivations.
Rashi explains the Gemara's initial assumption: "וקס"ד או אצבע או כהונה ואין לך בכל אלו שלא נאמר כהן בהקרבתן" (And the Gemara thought: either 'finger' or 'priesthood' [implies right hand], and there is none of these [offerings] in which 'priest' is not mentioned in their offering). Rashi on Zevachim 98a:10:1 s.v. מדרבה בר בר חנה נפקא כו'. This means that for all the korbanot listed in Vayikra 7:37, the avodah is performed by a kohen, thus the general rule of Rabba bar bar Ḥana should apply universally. Therefore, deriving yad yemin specifically from Chatat seems redundant.
However, the Gemara then offers an alternative terutz: "ואי בעית אימא סבר לה כרבי שמעון, דאמר: אצבע לא בעיא כהונה, כהונה בעיא אצבע" (And if you wish, say that he holds in accordance with Rabbi Shimon, who says: 'finger' does not require 'priesthood', but 'priesthood' requires 'finger'). Zevachim 98a:11. Rashi elaborates on R' Shimon's specific condition: "בפ"ב (שם) כהונה בעי אצבע ובחטאת תרוייהו כתיב ולקח הכהן מדם החטאת באצבעו" (In chapter two [of Zevachim, 17b], 'priesthood' requires 'finger', and regarding a Chatat, both are written: 'And the priest shall take some of the blood of the sin offering with his finger' [Vayikra 4:25]). Rashi on Zevachim 98a:11:1 s.v. כר"ש. Rashi's reference to Zevachim 17b is key. There, the Gemara also discusses this machloket. R' Shimon's view is that Rabba bar bar Ḥana's rule is too broad. For the right hand to be indicated, the Torah must mention both "priest" and "finger," or only "finger" (which implies a specific, precise action requiring the dominant hand). If only "priest" is mentioned without "finger," it does not necessarily imply the right hand. Since the general korbanot in Vayikra 7:37 often mention a priest but not a finger in their service, they cannot derive yad yemin from Rabba bar bar Ḥana's general rule (which would only apply if "finger" were also mentioned). Therefore, a hekkesh to Chatat (where both are mentioned, or where the derasha is taken as a specific paradigm) becomes necessary to extend the halakha of yad yemin to other korbanot. Rashi's analysis clarifies how R' Shimon's hermeneutical principle transforms a seemingly superfluous derivation into an essential one, thereby resolving the Gemara's initial kushya.
2. Tosafot: Unearthing a Hidden Tanna and Gemara's Editorial Choices
Tosafot, known for their incisive questions and deep dives into the sugya's broader context, offer a fascinating insight into the very opening lines of our sugya about shlamei tzibbur being restricted to male priests: "איכא תנא דנפקא ליה מהכא, ואיכא תנא דנפקא ליה מהכא" (There is one tanna who derives it from here, and there is one tanna who derives it from there). Zevachim 98a:1.
Tosafot writes: "עוד יש תנא שלישי בפרק איזהו מקומן (לעיל זבחים דף נה.) דאמר אלא היקישא למאי אתא מה חטאת לזכרי כהונה אף זבחי שלמי ציבור לזכרי כהונה והא דלא מייתי לה הכא משום דסוגיא דשמעתא היא ולא משכח לה ברייתא בהדיא" (There is yet a third Tanna in the chapter "Eizehu Mekoman" (Zevachim 55a) who says: To what purpose did the hekkesh come? Just as a Chatat is for male priests, so too communal peace offerings are for male priests. And the reason it is not brought here is because it is the sugya's way and a baraita is not explicitly found for it). Tosafot on Zevachim 98a:1:1 s.v. איכא דנפקא ליה מהכא כו'.
This Tosafot is highly significant for several reasons. Firstly, it reveals that the Gemara's initial "איכא... ואיכא..." is not exhaustive; there's at least a third opinion on this foundational point, found elsewhere in Masechet Zevachim (Zevachim 55a). This immediately expands our understanding of the breadth of machloket even on seemingly settled halakhot.
Secondly, Tosafot highlights a key hermeneutical principle of that third Tanna: the very existence of a hekkesh (juxtaposition) between Chatat and Shlamei Tzibbur (as implied by Vayikra 7:37-38) must serve a purpose. If they share other halakhot, this Tanna posits that their juxtaposition teaches that they also share the halakha of being eaten only by male priests. This is a powerful application of hekkesh: if two items are linked in a verse, they share all relevant halakhot unless explicitly differentiated.
Thirdly, and perhaps most revealing, Tosafot offers an explanation for why the Gemara here does not cite this third Tanna, even though his derasha is equally valid and on point. "משום דסוגיא דשמעתא היא ולא משכח לה ברייתא בהדיא" – because it is the sugya's way (i.e., the Gemara's specific pedagogical or structural choice) and this derasha is not found in an explicit baraita. This is a meta-commentary on the Gemara's editorial process. The Gemara doesn't present every single derasha or machloket on a given topic; it selects the baraitot and amoraic statements that best serve the flow and specific learning objectives of this particular sugya. The implication is that the two derashot initially presented are perhaps from baraitot that are explicitly formulated to derive this specific halakha, whereas the third Tanna's derasha might be a conclusion drawn by an Amora from a broader hekkesh that isn't itself a baraita dedicated to this point. This tells us that the Gemara is not merely a compendium of sources, but a carefully curated and structured discourse.
3. Ritva: The Nuances of "Tzarich" and "Efshar Min Na'alav"
The Ritva, a prominent Rishon, often delves into the precise logical underpinnings of the Gemara's arguments, particularly the tzarich (necessity) derivations and the use of midrashic principles.
Regarding the tzarich argument for kedushat belia from both Mincha and Chatat: "וצריכא למכתב מנחה, וצריכא למכתב חטאת. דאי כתב רחמנא מנחה, הוה אמינא: הואיל ורכה היא, מתקדשת בבליעה. אבל חטאת, אימא לא. ואי כתב רחמנא חטאת, הוה אמינא: הואיל וגסה היא, מרהיטה היא, מתקדשת בבליעה. אבל מנחה, אימא לא. צריכא." Zevachim 98a:7.
The Ritva would typically explain that the tzarich here highlights the limitations of sevara (logical reasoning) in halacha. One might think that if a soft substance is absorbed, a fatty one also would be, or vice-versa. However, the Torah insists on explicit textual support for each case because the underlying sevara for absorption is distinct: softness for Mincha vs. "oozing" (marhita) for Chatat. Without both, we cannot establish a general principle of belia that transcends these specific physical properties. The Ritva would emphasize that halacha is not always derived from abstract universals but often requires concrete textual instantiation, especially when distinct causal factors (softness, fattiness) could lead to different conclusions in analogous cases. The tzarich demonstrates that even if a kal v'chomer or b'inyana d'milta (logical inference) seems plausible, the Torah's specific wording can override or refine such inferences, mandating separate derivations.
Another point where Ritva's precision is valuable is the derivation regarding shilya v'shafira (fetal sac and placenta) from Asham: "מה אשם שילייתו ושפירתו אינן קדש בתוכו, אף כל שילייתו ושפירתו אינן קדש בתוכו. והא קסבר גופיה דקדשים קדושים, ויליף אפשר מנא עלב." Zevachim 98a:3.
The Gemara explicitly notes the principle: "ויליף אפשר מנא עלב" (and one derives the possible from the impossible). The Asham is always male, so it cannot have a fetal sac or placenta. Yet, this impossibility becomes the source for the halakha that shilya v'shafira are not sacred even in female animals. The Ritva would likely elaborate on the precise mechanism of this derasha. It's not a straightforward kal v'chomer where a lighter case is derived from a heavier one. Rather, it's a gezerat ha'katuv (Scriptural decree) that uses the Asham as a paradigm. The very mention of Asham in this context, where shilya v'shafira are inherently impossible, signals that the Torah intends to teach a universal principle: that these anatomical components are never considered part of the sacred offering, regardless of the animal's sex. The impossibility in the source case (Asham) forces us to generalize the rule, precisely because the particularity of the Asham's maleness cannot be the reason for the halakha if it is to be general. Thus, the Asham serves as a counter-intuitive but powerful remetz (hint) from the Torah to exclude shilya v'shafira from kedusha across the board. The Ritva would emphasize that such derashot are not logical deductions but rather authoritative interpretations of divine intent embedded in the text.
4. Maharsha: Reconciling and Deepening the Gemara's Flow
The Maharsha, a profound Acharon, often focuses on the internal coherence and logical flow of the Gemara, clarifying how different parts of a sugya interact and resolving apparent difficulties. His approach is particularly useful in understanding the Gemara's dialectic surrounding the kedi nisba arguments.
When the Gemara labels the derivations of bayom (daytime) and b'yad yemin (right hand) from Chatat as kedi nisba, it creates an intellectual dissonance. Why would a Tanna include superfluous derivations in a baraita? The Maharsha would meticulously analyze the Gemara's progression here.
Regarding bayom, derived from "ביום צוותו" (on the day of His commanding, Vayikra 7:38): The Maharsha might suggest that while "ביום צוותו" is a general principle for all korbanot, the baraita might be emphasizing a chiddush (novelty) specific to Chatat or to korbanot which share its halakhot. For instance, perhaps "ביום צוותו" implies that the initial act of offering must be during the day, but a chatat derivation might emphasize that all its services, down to its very last component, must occur during the day, even if this is a subtle distinction. Or, the baraita might be presenting the derasha from Chatat as a primary midrash, with "ביום צוותו" serving as a smachta (support) or a secondary source. The Gemara, in its lomdus, constantly seeks the most direct or most specific source. If a more general source exists, the specific one might be deemed kedi nisba from the Gemara's perspective of seeking the simplest derivation, but not necessarily from the perspective of the Tanna who might have had a different exegetical framework or emphasized a particular nuance.
The case of b'yad yemin (right hand) is similar, but the Gemara provides a direct terutz in the name of R' Shimon. The Maharsha would highlight how R' Shimon's opinion is not just an alternative but a resolution to the kushya. R' Shimon's distinction – "אצבע לא בעיא כהונה, כהונה בעיא אצבע" (finger does not require priesthood, priesthood requires finger) – fundamentally alters the applicability of Rabba bar bar Ḥana's general rule. Zevachim 98a:11. The Maharsha would explain that for R' Shimon, Rabba bar bar Ḥana's rule "כל מקום שנאמר בו אצבע או כהונה" (wherever "finger" or "priesthood" is stated) is not to be read disjunctively ("either/or") but rather with a specific hierarchical understanding. If "finger" is mentioned, the right hand is implied due to the precision of the action. If "priesthood" is mentioned alone, it does not imply the right hand, because a priest can perform actions with either hand unless specified. It is only when "priesthood" is mentioned along with "finger" (as in the metzora case: "וטבל הכהן אצבעו הימנית") that the combination of kohen and etzba solidifies the requirement for the right hand for other kohanim actions. Since many korbanot only mention "kohen" without "etzba," R' Shimon requires a hekkesh from Chatat (where "kohen" and "etzba" are both explicitly mentioned in its service, as Rashi points out) to extend the halakha of yad yemin to them. The Maharsha would underscore how this terutz is not merely an alternative explanation, but a profound re-reading of the hermeneutical rule itself, showing the depth of machloket even on the very principles of derasha. This dynamic interplay between initial kushya, kedi nisba, and eventual terutz via a Tannaic dispute is a hallmark of Gemara's dialectic, demonstrating its constant quest for the most precise and defensible textual derivation.
Friction
The sugya on Zevachim 98a, despite its seemingly straightforward exposition, presents several points of intellectual friction, challenging the reader to delve deeper into the Gemara's logical and hermeneutical framework. Two prominent kushyot stand out: the paradox of kedi nisba and the logical underpinnings of the tzarich derivation for kedushat belia.
Kushya 1: The Paradox of Kedi Nisba – Why Include Superfluous Derivations?
The Gemara explicitly labels the baraita's derivations for bayom (in the daytime) and b'yad yemin (with the right hand) from Chatat as "כדי נסבה" (kedi nisba), meaning they were brought for no necessary reason, as these halakhot could be derived from other, more general sources (Vayikra 7:38 and Rabba bar bar Ḥana's principle from Vayikra 14:16, respectively). This immediately raises a significant kushya: Why would a Tanna, whose words are foundational to Halacha, include ostensibly superfluous derivations in a baraita? The Tannaim are known for their precision and conciseness; redundancy seems antithetical to their methodology. Is the Gemara implying a flaw in the baraita's construction, or is there a deeper reason for these "unnecessary" inclusions?
Terutz 1: Pedagogical Clustering and Contextual Completeness
One approach to resolving the kushya of kedi nisba is to understand the baraita not as a minimalist legal code, but as a pedagogical or thematic cluster. The Tanna, in this baraita, is systematically expounding the implications of Vayikra 7:37-38 by focusing on the hekkesh to specific korbanot mentioned within that verse. Within this framework, Chatat is identified as a paradigm for several halakhot. Even if some of these halakhot (like bayom or b'yad yemin) could be derived from broader, more general principles, the baraita includes them for the sake of completeness within its chosen hermeneutical lens. Imagine a teacher who, when discussing the characteristics of a specific animal, mentions its fur, its diet, and its habitat. Even if "having fur" is a general characteristic of mammals, the teacher might reiterate it in the context of this specific animal to present a comprehensive picture. Similarly, the baraita might be presenting all the halakhot that Chatat serves to teach by virtue of its juxtaposition in this verse, even if some of these halakhot are independently derivable. The Gemara, in stating "כדי נסבה," is not criticizing the baraita's validity, but rather highlighting its particular midrashic methodology—one that prioritizes a comprehensive exposition from a specific source, even if it overlaps with other derivations. The redundancy, from the Gemara's perspective, is a feature of the baraita's style, not a bug.
Terutz 2: Nuance, Emphasis, or Alternative Understanding of General Sources
A more nuanced terutz suggests that the "superfluous" derivations might not be entirely redundant but rather serve to emphasize a particular detail, clarify a specific application, or stem from an alternative understanding of the "general" sources themselves. For instance, the general rule of bayom derived from "ביום צוותו" (Vayikra 7:38) might be interpreted by the baraita's Tanna as applying only to the initial act of hakarava (offering). However, deriving bayom specifically from Chatat might teach that all associated avodot (services) of Chatat (and by extension, all korbanot) must be performed during the day, extending the principle beyond the initial presentation. This would be a chiddush (novelty) that the general verse alone might not convey. Similarly, for b'yad yemin, the general principle from Rabba bar bar Ḥana ("אצבע או כהונה") might be understood by the baraita's Tanna with limitations that differ from the Gemara's initial assumption. Perhaps the baraita holds that Rabba bar bar Ḥana's rule applies primarily to tumah v'tahara rituals (like the metzora), and the Chatat derivation is necessary to extend it specifically to avodat korbanot. Or, as the Gemara itself ultimately suggests, the baraita might align with Rabbi Shimon's stricter view, for whom the general rule is not sufficient for all korbanot (see Terutz 3). In this light, the kedi nisba is less an indictment of redundancy and more an invitation to explore the subtle distinctions and differing hermeneutical approaches that might render such derivations essential from the Tanna's perspective. The Gemara's initial "כדי נסבה" then acts as a prompt for deeper analysis, rather than a definitive dismissal.
Terutz 3: The Gemara's Own Resolution – Reconciling via Rabbi Shimon
The Gemara itself provides the most compelling terutz for the kedi nisba concerning b'yad yemin, by introducing the opinion of Rabbi Shimon: "ואי בעית אימא סבר לה כרבי שמעון, דאמר: אצבע לא בעיא כהונה, כהונה בעיא אצבע." Zevachim 98a:11. According to Rabbi Shimon, Rabba bar bar Ḥana's general rule – "Wherever 'finger' or 'priesthood' is stated, it means only the right hand" – is too broad. Rabbi Shimon posits that if the verse mentions "finger" (אצבע), it alone is sufficient to imply the right hand (due to the precision implied). However, if the verse only mentions "priesthood" (כהונה) without "finger," it does not imply the right hand. For the right hand to be indicated when only "priesthood" is mentioned, there must be an explicit hekkesh from a case where both "priesthood" and "finger" are stated (e.g., Chatat, or the metzora where it says "וטבל הכהן אצבעו הימנית"). Since many of the korbanot listed in Vayikra 7:37 (e.g., Olah, Shlamim) involve priestly service but do not explicitly mention "finger" in their avodah, they would not, according to Rabbi Shimon, automatically derive the yad yemin requirement from Rabba bar bar Ḥana's general rule. Therefore, the baraita's derivation of b'yad yemin from Chatat (where both "priest" and "finger" are mentioned in its service, as Rashi notes) becomes necessary to extend this halakha to all other korbanot. This terutz directly transforms the "superfluous" derivation into an indispensable one, demonstrating how differing hermeneutical principles among Tannaim can fundamentally alter the perceived necessity of textual derivations. The Gemara, through this dialectic, ultimately affirms the baraita's internal consistency within a specific Tannaic framework.
Kushya 2: The Tzarich Derivation for Kedushat Belia – Is the Logic Truly Sound?
The Gemara presents a classic tzarich (necessity) argument for deriving kedushat belia (sanctity through absorption) from both Mincha (meal offering) and Chatat (sin offering): "דאי כתב רחמנא מנחה, הוה אמינא: הואיל ורכה היא, מתקדשת בבליעה. אבל חטאת, אימא לא. ואי כתב רחמנא חטאת, הוה אמינא: הואיל וגסה היא, מרהיטה היא, מתקדשת בבליעה. אבל מנחה, אימא לא. צריכא." Zevachim 98a:7. The kushya here lies in the very nature of this tzarich. Can't we establish a general principle of "absorption leads to sanctity" from either case and apply it to the other via a kal v'chomer (a fortiori) or b'inyana d'milta (logical inference)? If Mincha, being soft, is absorbed and sanctifies, shouldn't Chatat, which is fatty and "oozes" (marhita), certainly be absorbed? And if Chatat is absorbed due to its oozing, shouldn't Mincha, being soft, also be absorbed? The Gemara seems to reject these logical leaps, insisting on explicit textual support for both. Why are our sevarot (logical inferences) insufficient here? What makes these two cases so distinct that one cannot be derived from the other?
Terutz 1: Distinct Causal Factors and the Limits of Analogical Reasoning
The Gemara's explicit terutz for the tzarich is that the causal factors for absorption are distinct in each case, and neither factor inherently implies the other. Mincha is "רכה היא" (soft), which makes it prone to absorption. Chatat is "גסה היא, מרהיטה היא" (heavy/fatty, it oozes). These are not merely two examples of the same phenomenon; they represent two distinct mechanisms of physical interaction. One might logically infer that if softness leads to absorption, perhaps fattiness does not, or vice-versa. The sevara for Mincha is its lack of structural integrity allowing it to seep. The sevara for Chatat is its inherent viscosity and "oozing" quality. It is plausible to argue that a property like "softness" might not lead to absorption in a fatty substance, which might repel absorption. Conversely, a property like "oozing" (due to fattiness) might not be present in a soft, non-fatty substance, which might just sit on the surface without truly absorbing. Therefore, to establish a universal principle of kedushat belia for all korbanot, regardless of their specific texture or composition, the Torah must provide examples from distinct categories. Had it only given Mincha, we might limit absorption to soft, non-viscous materials. Had it only given Chatat, we might limit it to fatty, oozing substances. Only by providing both does the Torah teach that the principle of belia applies broadly, encompassing different physical properties. The Gemara's logic here emphasizes that halachic principles derived from specific textual instances are often tied to the specific reasons or characteristics of those instances, and one cannot always generalize if those characteristics are not shared or if alternative characteristics might lead to different conclusions.
Terutz 2: Gezerat Ha'Katuv and the Imperfect Nature of Human Sevara
Another perspective, often adopted by Rishonim such as Ramban and Rashba when discussing tzarich derivations, is that the tzarich is fundamentally an assertion about gezerat ha'katuv (a Scriptural decree). While we, as human beings, attempt to construct sevarot to rationalize the tzarich, the ultimate reason for the necessity might simply be that the Torah chose to write both. This implies a limitation on our human capacity for kal v'chomer or analogical reasoning when it comes to divine law. From this viewpoint, even if our sevara suggests that if one absorbs, the other should too, the Torah's explicit mention of both cases signals that such a sevara is not sufficient to establish the halakha with certainty. The Torah could have intended different rules for different types of substances, and our logical inferences might lead us astray. By stating both, the Torah mandates that kedushat belia applies to both, thereby establishing a firm foundation for the hekkesh to kol ha'korbanot. The tzarich thus becomes a statement about the authoritative nature of the text over the potential fallibility of human reasoning in deriving halakha. It's not that our sevara is necessarily wrong, but that it is insufficient to bridge the gap between two distinct cases without explicit textual instruction.
Terutz 3: Each Case as a Chiddush – Expanding the Scope of Kedusha
A third terutz, often found in the analytical style of the Maharsha, views each instance mentioned in a tzarich as a chiddush (novel legal insight) that expands the scope of the halakha. The Mincha is a chiddush because it teaches that even something as simple and common as flour, when sanctified, confers kedusha through absorption. Without this, one might have thought that only the blood or flesh of animals (which are inherently more "holy" or subject to stricter rules) would have this power. The Chatat is a chiddush because it teaches that even a fatty, viscous substance, which might seem less prone to "absorption" in the way a dry powder would, also confers kedusha through its "oozing" effect. One might have thought that kedushat belia applies only to substances that truly permeate and blend, not merely "stain" or "ooze." Since each case represents a distinct chiddush that broadens the definition or scope of kedushat belia, neither can be derived from the other. The chiddush of a soft substance does not imply the chiddush of a fatty substance, and vice-versa, because the novelty lies in overcoming a specific, unique logical hurdle for each type of material. Therefore, both explicit mentions are necessary to establish the full, comprehensive range of kedushat belia for all korbanot. This approach emphasizes the expansive nature of Torah law, where multiple textual instantiations are required to build a robust and comprehensive legal framework.
Intertext
The sugya in Zevachim 98a, with its intricate hermeneutics and detailed halachic derivations, echoes and resonates throughout the vast corpus of Jewish literature. Examining these intertextual connections enriches our understanding of the sugya's principles and their broader application.
1. Zevachim 55a: The Elusive Third Tanna and Variant Derashot
The very opening of our sugya states, "איכא תנא דנפקא ליה מהכא, ואיכא תנא דנפקא ליה מהכא" (There is one Tanna who derives it from here, and there is one Tanna who derives it from there), concerning the halakha that communal peace offerings are eaten only by male priests. Tosafot on Zevachim 98a:1:1 points to a third Tanna in Zevachim 55a who derives this halakha differently. Zevachim 55a:5: "אלא היקישא למאי אתא? מה חטאת לזכרי כהונה אף זבחי שלמי ציבור לזכרי כהונה." (But to what purpose did the juxtaposition come? Just as a Chatat is for male priests, so too communal peace offerings are for male priests.) This direct intertextual reference highlights a fundamental aspect of midrash Halacha: multiple, equally valid derashot often exist for the same halakha. The juxtaposition of Chatat and Shlamei Tzibbur in Vayikra 7:37 can itself be the source for deriving shared halakhot. This Tanna (or Amora, as Tosafot implies) identifies the very fact of their listing together as a hekkesh that transfers the male-priest-only consumption rule from Chatat to Shlamei Tzibbur. This enriches our understanding of the initial ambiguity in Zevachim 98a, revealing that the Gemara selectively presents baraitot to drive a particular sugya, even when other sources for the same halakha exist elsewhere in the Talmud. It shows the dynamism of derasha and the varied approaches Tannaim took to extracting law from text.
2. Menachot 104a: Parallel Tzarich Derivations for Kedusha
The concept of "צריכא" (it is necessary for the Torah to write both) is a recurring motif in the Gemara, emphasizing the limitations of sevara (logical inference) or kal v'chomer (a fortiori) in halachic derivation. A prominent parallel to our sugya's tzarich for Mincha and Chatat regarding kedushat belia is found in Menachot 104a concerning mincha and nesachim (libations): Menachot 104a:1: "צריכא למכתב קרבן אשה וצריכא למכתב נסכים. דאי כתב רחמנא קרבן אשה, הוה אמינא: הואיל וקליל הוא, שרי. אבל נסכים, אימא לא. ואי כתב רחמנא נסכים, הוה אמינא: הואיל וחמיר הוא, אסור. אבל קרבן אשה, אימא לא. צריכא." (It was necessary to write "offering of a woman" [referring to Mincha] and it was necessary to write "libations." For had the Merciful One written only "offering of a woman," I would say: since it is light, it is permitted [to be eaten outside its time]. But libations, I would say, no. And had the Merciful One written only "libations," I would say: since it is weighty, it is forbidden. But "offering of a woman," I would say, no. It is necessary.) This sugya in Menachot uses the same "צריכא" structure to explain why both "קרבן אשה" (a type of Mincha) and nesachim are needed to teach the halakha of notar (leftovers) for these offerings. The logic is analogous: one is "light" (kalil) and the other "heavy" (chamir), meaning they have distinct characteristics that might lead to different halakhot regarding notar. Without both, we couldn't generalize the rule. This parallel demonstrates that the tzarich in Zevachim 98a is not an isolated instance but a recognized hermeneutical tool, signaling that different physical properties or legal statuses prevent a simple kal v'chomer and necessitate explicit textual support for each case to establish a universal principle.
3. Sanhedrin 86a: The Authority and Hierarchy of Derashot
The Gemara's discussion of kedi nisba (superfluous derivation) in Zevachim 98a, particularly regarding bayom and b'yad yemin, raises questions about the hierarchy of derashot and the authoritative source for a halakha. Sanhedrin 86a offers a crucial lens through which to understand this: Sanhedrin 86a:11: "רבי אליעזר אומר: כל מקום שאתה מוצא דבר הלכה, אם יש לך בית אב, תפוס את בית האב." (Rabbi Eliezer says: Wherever you find a halakha, if you have a beit av [a primary source or general principle], hold onto the beit av.) This statement by Rabbi Eliezer suggests a preference for deriving halakhot from a beit av – a clear, overarching principle or primary source – rather than from more specific or incidental derivations. In our sugya, "ביום צוותו" (Vayikra 7:38) for bayom and Rabba bar bar Ḥana's principle for b'yad yemin (derived from metzora) function as batei av or general principles. The baraita's derivations from Chatat might, therefore, be considered less ideal sources if a beit av exists, hence the Gemara's "כדי נסבה." The sugya in Zevachim, by grappling with kedi nisba and then offering R' Shimon's view as a terutz, effectively navigates this very tension between specific and general derivations. It demonstrates that while a beit av is generally preferred, there can be Tannaic disagreements on what constitutes a valid beit av or whether its scope is truly universal, thereby rendering alternative derivations necessary.
4. Mishna Yoma 5:5: Reinforcing Yad Yemin in Avodah
The principle of b'yad yemin (with the right hand) for avodat korbanot is a foundational halakha discussed in our sugya. The Mishna in Yoma, detailing the Yom Kippur service, provides concrete examples of this principle in practice: Mishna Yoma 5:5: "וכיצד היה עושה? ירד לכיור וקידש ידיו ורגליו... ונטל מחתה בימינו וכף בשמאלו... לקח במחתה ובכף ונתן בכף ושם על גבי המחתה, והתחיל לדשדש בבגדיו בימינו." (And how did he [the Kohen Gadol] perform? He descended to the laver and sanctified his hands and feet... and took the pan in his right hand and the spoon in his left... He took [incense] in the pan and in the spoon and put it into the spoon and placed it on the pan, and began to stir with his garments in his right hand.) This Mishna explicitly details the Kohen Gadol using his right hand for significant parts of the Yom Kippur service, such as holding the machtah (pan) and stirring the incense. While it also mentions the left hand for the kaf (spoon), the primary, sanctified actions are often designated for the right. This practical application in the Mishnah underscores the importance of the halakha derived in our sugya concerning b'yad yemin. It confirms that the detailed derashot about the right hand (from metzora, Chatat, and R' Shimon's nuanced view) translate directly into the meticulous performance of sacred rituals, highlighting the practical import of seemingly abstract hermeneutical debates.
5. Rambam, Hilchot Pesulei HaMukdashim 18:8: Codification of Shilya V'Shafir
One of the derivations in Zevachim 98a concerns the status of shilya v'shafira (fetal sac and placenta), stating that they are not sacred if found within a sacrificial animal, derived from the Asham. The Rambam, in his Mishneh Torah, directly codifies this halakha: Rambam, Hilchot Pesulei HaMukdashim 18:8: "השליא והשפיר שבבטן הבהמה שהוקדשה, אינן קדושים. ואם יצאו, מותרים." (The fetal sac and placenta that are in the womb of an animal that was sanctified, are not sacred. And if they emerge, they are permissible.) The Rambam's concise codification is a direct psak based on the Gemara's derasha from Asham in our sugya. The Gemara's innovative use of "ויליף אפשר מנא עלב" (deriving the possible from the impossible) to extend the halakha from a male-only Asham to all korbanot (including females) is thus fully accepted and integrated into Halacha. This demonstrates how the rigorous midrash Halacha of the Talmud forms the bedrock of subsequent halachic codes, even when the underlying hermeneutical logic (like efshar min na'alav) is subtle and intricate. It is a powerful example of the seamless transition from derasha to psak.
Psak/Practice
The sugya in Zevachim 98a, a crucible of midrash Halacha, forms the bedrock for numerous fundamental halakhot concerning korbanot. While the Temple service is not currently active, the principles derived are meticulously codified in poskim like the Rambam, showcasing the enduring relevance of these textual analyses for understanding the complete body of Torah law, both theoretical and practical. Furthermore, the sugya provides crucial meta-psak heuristics, offering insights into the very methodology of halachic reasoning and decision-making.
Direct Psak
Many of the halakhot derived in our sugya are directly codified, demonstrating their undisputed acceptance in Halacha:
- Kedushat Belia (Sanctity through Absorption): The principle that sacrificial materials, particularly dam chatat (sin offering blood), confer sanctity through absorption, requiring laundering or burning of contaminated garments, is a core halakha.
- Rambam, Hilchot Ma'aseh HaKorbanot 13:17: "כל בגד שיבלע מדם החטאת, בין דם העליון בין דם התחתון, צריך כיבוס; ואם אינו ראוי לכבוס, ישרף." (Any garment that absorbs blood of the Chatat, whether the upper blood or the lower blood, requires laundering; and if it is not suitable for laundering, it shall be burned.) This directly reflects the sugya's initial derivations from Chatat and Mincha concerning kedushat belia.
- Rambam, Hilchot Pesulei HaMukdashim 16:16: Extends this to other kodshim regarding their notar (leftovers) and tamei (impure) parts, showing the universal application derived from the hekkesh.
- Shilya V'Shafir (Fetal Sac and Placenta): The halakha that the fetal sac and placenta of a consecrated animal are not sacred is universally accepted.
- Rambam, Hilchot Pesulei HaMukdashim 18:8: "השליא והשפיר שבבטן הבהמה שהוקדשה, אינן קדושים. ואם יצאו, מותרים." (The fetal sac and placenta that are in the womb of an animal that was sanctified, are not sacred. And if they emerge, they are permissible.) This is a direct codification of the derasha from Asham using efshar min na'alav.
- Notar (Leftovers) & Living Animals: The rules for notar, including that living animals are not incinerated as notar, are fundamental.
- Rambam, Hilchot Ma'aseh HaKorbanot 12:1-2: Details the prohibition of notar and its incineration. The principle that "there are no living animals counted among their leftovers" is implicit in the general rules of temura and pelek, where a substituted animal is not killed.
- Piggul (Sacrilege): The applicability of piggul to all korbanot is a cornerstone of korbanot halacha.
- Rambam, Hilchot Ma'aseh HaKorbanot 14:1: "כל מחשבת פיגול פוסלת בכל הקרבנות." (Any thought of piggul disqualifies all offerings.) This universal application is directly from the hekkesh to Shlamim.
- Min Ha'Chol, BaYom, B'Yad Yemin (From Non-Sacred, in Daytime, with Right Hand): These are basic procedural halakhot for avodah.
- Rambam, Hilchot Ma'aseh HaKorbanot 1:11: "כל הקרבנות כשרים ביום ולא בלילה." (All offerings are valid in the daytime and not at night.) (For bayom).
- Rambam, Hilchot Ma'aseh HaKorbanot 1:15: "כל הקרבנות באים מן החולין." (All offerings come from non-sacred property.) (For min ha'chol).
- Rambam, Hilchot Ma'aseh HaKorbanot 5:14: "כל עבודות כהונה נעשות ביד ימין." (All priestly services are performed with the right hand.) (For b'yad yemin). This codifies the halakha even in light of the kedi nisba discussion, accepting the necessity of the derasha in one of the ways discussed (e.g., R' Shimon).
- Atzmot Muttarin (Bones are Permitted): The lack of sanctity in sacrificial bones is also codified.
- Rambam, Hilchot Ma'aseh HaKorbanot 10:14: "עצמות הקדשים מותרין לכל דבר." (The bones of consecrated animals are permissible for any use.)
The Mishna at the end of Zevachim 98a regarding unfit priests not receiving a share of meat and hides is also fully integrated into Halacha, linking eligibility to avodah.
- Rambam, Hilchot Ma'aseh HaKorbanot 10:9: "כל כהן שפסול לעבודה, אינו נוטל חלק בבשר, וכל מי שאין לו חלק בבשר, אין לו חלק בעורות." (Any priest who is unfit for service does not receive a share in the meat, and anyone who has no share in the meat has no share in the hides.)
Rava's she'elot on dam olah/chatat absorption and chatzitza are more nuanced. The maskana (conclusion) that dam olah below dam chatat does not require laundering (because dam chatat wasn't absorbed) reflects a key distinction: it's absorption, not mere contact, that triggers the kedusha (for requiring laundering). Rava's she'ela on blood and fat for a dual professional remains a teiku (unresolved), indicating a point where Halacha either defers to chumra (stricture) or requires further psak in specific cases.
Meta-Psak Heuristics
Beyond specific halakhot, the sugya offers profound insights into the meta-psak heuristics of Halacha:
- Nuanced Hermeneutics: The interplay of hekkesh, tzarich, and kedi nisba highlights that midrash Halacha is not a monolithic process. The Gemara rigorously examines why a particular derivation is necessary, how different Tannaim interpret textual cues, and the limitations of analogical reasoning. This teaches that psak requires a deep understanding of the derasha's logical foundation and its specific scope.
- Balancing General and Specific Sources: The kedi nisba discussion, especially resolved by R' Shimon's view, exemplifies the constant tension in Halacha between deriving rules from broad, general principles and from specific, detailed textual instances. A posek must discern when a general rule is truly universal and when specific textual support is required to extend a halakha due to nuanced distinctions or Tannaic disputes over hermeneutical principles.
- Sevara vs. Gezerat Ha'Katuv: The tzarich derivations underscore that while sevara (logical reasoning) is vital, it is often insufficient to establish Halacha without explicit textual support. The Torah's specific wording or choices can override plausible human inferences, indicating a gezerat ha'katuv. A posek must recognize when a halakha is a logical deduction and when it is a direct divine decree.
- The Role of Unresolved Questions (Teiku): Rava's teiku regarding the butcher/fat seller demonstrates that not all halachic questions have definitive answers in the Talmud. Such instances teach humility in psak and often lead to a chumra (stricture) in practice or reliance on later poskim to delineate boundaries based on prevailing custom or sevara. It highlights the dynamic and sometimes indeterminate nature of halachic inquiry.
Takeaway
This sugya in Zevachim 98a is a masterclass in midrash Halacha, revealing the intricate hermeneutical methods employed by the Tannaim to extract comprehensive halakhot from terse Scriptural passages, while simultaneously showcasing the Gemara's rigorous dialectic in dissecting, challenging, and ultimately validating these derivations. It underscores that halachic reasoning is a sophisticated blend of textual exegesis, logical inference, and a deep appreciation for the nuances of Tannaic thought.
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