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                 THE DAFYOMI DISCUSSION LIST

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             Rosh Kollel: Rabbi Mordecai Kornfeld
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Re: Zevachim 028: Unintentional 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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Shlomo Amar asks:

that means that inadvertant mistake are a responsibility of the baal; am i
correct?

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C. Taub asks:

But what if it wasn't intentional.  Who is responsible for the korban
the baal or the cohen.  Logic would say when someone is in a position of
responsibility and this causes at the least financial loss that person is
responsible.  We learned in a recent daf that the gemara sugest that the
cohen not have any intention in mind so as not to cause a problem.  However,
my question is someone brings a korban, i.e.  asham when it gets to the
cohen he says by mistake  ploney brings olah.  what happens.????

Chanoch, Efrat
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The Kollel replies:

Yes, Shlomo, the owner absorbs the loss, and the Kohen is not required to
compensate.
 
Chanoch, the same is true for any damage which is indirect and is a result
of an unintentional act, where the Mazik is not responsible and the Nizak
must bear the loss (in this case, he must bring another Korban). In certain
cases, there may be a responsibility "la'Tzes Yedei Shamayim," but Beis Din
cannot force the Kohen to pay.

D. Zupnik

(Again, this discussion demonstrates the great degree of responsibility of
the Kohen, and helps us to appreciate the degree of holiness that the
Kohanim need to nurture, and the degree of skill for which they are trained
for many years prior to serving in the Beis ha'Mikdash. -Y. Shaw)

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