Tashlumin for Shalmei Simcha

Chagigah (1:6) | Yisrael Bankier | 7 years ago

On the three regalim – Pesach, Shavuot and Sukkot – one is obligated to go to Yerushalaim¹ and offer two korbanot – olat re'iya and shalmei chagigah. While the obligation to offers these korbanot is on the first day, if one does not, then they have the next six days (or seven for sukkot) to offer them. The remaining days provide the opportunity for tashlumin – fulfilling the original obligation (1:6). Last cycle (Vol 8 Iss 49), we discussed the nature of tashlimum. There is another korban however that one must also bring during the regel – shalmei simcha. The difference with this korban is that one only needs to offer the korban if they are not consuming meat from a korban on that day. For example, we have learnt that if one brings a voluntary shelamim offering, or if a kohen eats the gifted parts of another's korban, then they are not required to bring a shalmei simcha. Does tashlumim also apply to shalmei simcha?

The Bartenura explains that the Mishnah that discusses tashlumin (1:6) is referring to the olat re'iya and shalmei chagigah, with no mention of the shalmei simcha. The Tosfot Yom Tov notes that this is also the opinion of the Rambam (see Chagigah 1:4). The Tosfot Yom Tov explains that since there is an obligation to bring a shalmei simcha every day, the concept of tashlumin is irrelevant.²

The Tosfot (6b, s.v. yesh) however maintain that tashlumin applies to the shalmei simcha. Assuming the Tosfot Yom Tov's point that there is an obligation of simcha everyday, how can tashlumin apply according to the Tosfot?

The Tzlach (Chagigah 6b) notes that when the Rambam (Chagigah 1:1) discusses the obligation of shalmei chagigah he explains that mitzvah of simcha is to offer a korban shelamim in addition to the shalmei chagigah. The Tzlach notes that the Rambam does not disagree with Mishnah cited above. The Rambam (Chagigah 2:10) rules that one can fulfil the obligation of shalmei simcha through other voluntary offerings. Similarly, kohanim can fulfil their obligation when they eat parts of a chatat, asham, bechor or the chaze (breast) and shok (thigh) given to them from another's shelamim offering. Nevertheless, the Tzlach explains that while one can fulfil the mitzvah of simcha by these other means, there is an obligation to at least once during the festival offer one korban for the purpose of the shalmei simcha. He adds that this can be fulfilled with another voluntary offering, provided that it is offered for the purpose of the shalmei simcha. Once it is offered, during the remaining days, there still exists the daily obligation of simcha, which can be fulfilled with the meat of any korbanot. Consequently, since there exists an obligation to specifically offer a korban for the shalmei simcha at least once (aside from the daily obligation of simcha) we can understand how the concept of tashlumin can apply to the shalmei simcha.

The Avi Ezri (Chagiga 2:10) provides a similar explanation. In addition, he cites the Rambam (Yom Tov 6:17) who rules that despite that fact the mitzvah of simcha is through a korban shelamim, encompassed in that mitzvah is to impart simcha on others. The Avi Ezri finds that while it is true there is a broad mitzvah of simcha, there is also a specific obligation to offer the shalmei simcha.

The Avi Ezri continues that this explains another comment of the Tosfot. The Tosfot asks why voluntary offering cannot be brought on Yom Tov if one can fulfil the obligation of the shalmei simcha through them. The Tosfot answer that one only fulfils the obligation if the voluntary offering was offered for the shalmei simcha. The Avi Ezri asks, why is intention important if one can fulfil the mitzvah of simcha by eating the meat of a korban? The Avi Ezri answers, based on our explanation thus far, that while through eating the meat of the korban fulfils the mitzvah of simcha, one does not fulfil the mitzvah of offering the shalmei simcha unless the korban was offered for that purpose. This explains why according to the Tosfot, the correct intention when offering a voluntary offering is critical when determining if it can be offered on Yom Tov. If at the time of shechita it is for the shalmei simchei, the korban is then defined as being for the purpose of Yom Tov and may be offered.³

¹ The first Mishnah discusses those who are not obligated in this mitzvah.

² See also R' Akiva Eiger.

³ Note that this is one side of the debate. Others argue that the obligation to offer the shalmei Simcha is every day, but only in the absence of the availability of meat from other korbanot. See Aruch LaNer (Sukkah 48a)

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