The Nature of Minui

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April 07 2006
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The Talmud (Pesachim 89b) relates that if one sells his olah, or any other korban shelamim, the sale does not take effect. Rashi explains that the reference is to one who wishes to transfer the atonement of the olah to another. This is ineffective, as the korban is only offered on behalf of its original ba’alim. This is true in spite of the fact that the Talmud (Bava Kama 76a) identifies sacrifices offered on the altar as continuing to be “the ox of Reuven”, i.e., the property of the individual ba’al. The Tosafot (Bava Kama 79a) explain this to mean that the korban is brought to atone for the ba’alim, is slaughterd on their behalf, and thus their name is attached. Thus, the association with the ba’alim is not monetary ownership to be transfered, but rather a spiritual connection, that is by definition not transferable. The nature of the association between the ba’alim and the korban, as noted above, is relevant to a question many authorities consider in regard to korban Pesach. To be a part of a given chaburah for that purpose, one must become a member through “minui”. The nature of minui, however, seems to be an open question: it may refer to a simple verbal declaration of intent, or it may require a more formal acquisition of monetary rights, or kinyan, in the korban. Tosafot (Pesachim 89b, s.v. v’zeh) implies that it would be impossible to include anyone in the chaburah of a korban Pesach after the hekdesh (dedication), unless the hekdesh was broadly phrases to include those who would come along afterward. The Resp. L’Horot Natan (I, 24) explains this idea as reflecting the fact that there are two components to the obligation of korban Pesach: offering the sacrifice, and eating from it. If the only purpose of minui were to make one eligible for eating, this would apparently suffice with a verbal declaration after the hekdesh. The aspect of joining in the sacrifice, however, would require involvement at the time of hekdesh. The Imrei Binah (Pesach, 2, s.v. v’ktzat), writes that an indication that minui requires monetary ownership can be found in the verse (Shemot 12:21), “miskhu u’k’chu” (“draw forth or buy for yourselves”). L’Horot Natan, however, questions this proof, noting that the verse may be taken as addressing only the head of each group, who must actually the animal. The members, however, may not be addressed by this instruction. He concludes his discussion, though, by bringing support to the idea that minui does require a kinyan. (See also R. Avraham Loftiber, Zera Avraham, 6:9).

Gemara:

Collections: Rabbi Feldman Mini Shiur (Daf)

References: Pesachim: 89b  

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