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                 THE DAFYOMI DISCUSSION LIST
 
      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
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Re: Zevachim 028: Pigul

>> C. Taub asked:
As a follow up what bothers me is what happens.  Someone comes from a
distance to bring a Korban he spends time and money and then the cohen
invalidates it.  Even in cases where the korban is accepted.  Since the
cohen changed the intention (even by mistake) does the baal now have to
spend more time and money.  Is there no responsibility on the cohen's
part.<<

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>> The Kollel replied:
The Mishnah in Gitin 54b states explicitly that Kohanim who willfully made
a Korban become Pigul are liable.<<

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C. Taub asks:

Given that what is under discussion is what the Kohen is thinking at 
the time of the korban, and given that the din in mamonos is 
"ha'motzi mei'chaveiro alav ha'ra'aya," is there ever any way to 
prove a Kohen to be liable other than an explicit admission of guilt?

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The Kollel replies:

Obviously, it is necessary to have proof. Proof can be either in the form
of an admission, as you mention, or in the form of witnesses who heard the
Kohen verbally express his thought of Pigul.

D. Zupnik

(This discussion demonstrates the great degree of responsibility with which
the Kohen is entrusted. The Gemara tells us that "Kohanim Zerizim Hem,"
which includes not only their alacrity, but also their cautiousness and
trustworthiness in performing the Avodah correctly in the capacity, for
which they were chosen by Hashem, to serve as the emissaries of the Jewish
people. -Y. Shaw)

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