Sunday, December 10, 2006

Daf Yomi - Rosh Hashana 5 - Kohen Gadol Must Reside in Yerushalayim

The Gemora explains the reason why the Torah compares the Festival of Sukkos to Pesach. Just like on Pesach, there is an obligation for a person to stay overnight in Yerushalayim; so too there is the same requirement on Sukkos.

Tosfos cites a Sifri that anytime someone offers a korban, there is an obligation to stay overnight in Yerushalayim.

The Rambam in Hilchos Kli Hamikdosh (5:7) rules that the kohen gadol should live in Yerushalayim and not leave. This halacha is a bit perplexing as there is no source in Chazal for it.

The Minchas Chinuch (136) quotes from one of his students that perhaps the source for the Rambam is the Sifri that states that one who brings a korban is required to stay overnight in Yerushalayim. The kohen gadol offers a mincha (flour offering) every morning and perhaps this is the reason he must reside in Yerushalayim.

Rav Yosef Engel in Gilyonei Hashas here challenges this explanation from a Gemora in Sanhedrin (18b) that states that a kohen gadol is allowed to be a member of the Sanhedrin. Perhaps the Sanhedrin will be required to leave the city to measure boundaries for the halachos of eglah arufah or to add on to the city? The kohen gadol would be prohibited from leaving Yerushalayim and will therefore be unable to rule on these matters.

Rav Elyashiv Shlita does not understand the question. The requirement for staying overnight does not prohibit one from leaving the city at all. One would be permitted to leave on a temporary basis and this obligation should not preclude the kohen gadol from being a member of the Sanhedrin.

Furthermore, it is possible that he brought the mincha through an agent and then there is no obligation to be in Yerushalayim at all.

I found the following from
brought to you by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel Rabbi Mordecai Kornfeld
Menachos 050: Vacation for the Kohen Gadol
s. katz asked:
Daf 50 B - We learn about the Chavitai Cohen Gadol, that has to be brought every day, both in the morning and the afternoon. We also learn in a Mishna in Tamid 31B , that it was a regular Cohen who placed it on the fire of the Mizbaiach. The question is, did the Cohen Hagadol have to be present at each of his Mincha Offerings , or could he have a Shaliach bring it for him ? In other words, did the Cohen Hagadol ever get to go on a vacation, and leave town ??? ( we know regarding all the other Avodahs in the Beis Hamikdash, he had first right to do them, but if he didn't want too, he didn't have to , except for Yom Kippur, of course ) Now if he always had to be present at his own offerings he would never be able to leave Yerushalaim for more than a few hours at a time, But if someone else could bring it for him, He could go on that vacation he desperately needed ???? ( I was told that Rav Eliyushiv, shlita, has never left Yerushalim his entire life ).
The Kollel replies:
Regarding the Kohen Gadol going on vacation, the Rambam writes (Hilchos Klei ha'Mikdash 5:3) that the Kohen Gadol must live un Yerushalayim. The Acharonim offer different reasons for this Halachah. The Minchas Chinuch writes that since he brings Chavitim every day, he must sleep over the following night in Yerushalayim (Linah). Regarding his status of owner of the Korban, the Mikdash David (30:20) writes that the Kohen Gadol is not the Ba'al ha'Korban in the classic sense, for we see that if there is no Kohen Gadol, the Tzibur must bring it. Rather, it is considered a Korban Tzibur that is incumbent upon the Kohen Gadol to bring. Therefore, since he is not actually the one who owns the Korban who gets Kaparah from it, he may not need to be present.
D. Zupnik


Danny said...

isn't the halacha that he has to be there just until the morning? where did this whole day thing come from?

Avromi said...

since he would be makriv the chavitin in the morning, he would have to stay that day until the next morning

Avromi said...

i heard from rabbi margareten that rabbi rudderman zt"l was giving a shiur on minchas chinuch and mentioned a proof from a gemora that states mamzer talmid chochom kodem lkohen gadol am haretz and a mamzer is not allowed in yerushalayim, so it obviously took place outside. a talmid raised his hand and asked how can we bring a proof from an am haaretz.

Yigal said...

A mamzer cannot live in Yerushalayim? Anyone told that to labor?

Avromi said...

yes - he cannot and this is not a political blog, so we will stay away from your second question.

How Orthodox Jews Should Vote is a political blog.