The Olos Of Noach

We've been discussing that when Noach leaves the Tevah, the very very first thing that Noach does I saw in the Sefer Chavatzelet HaSharon here in Parshat Noach he brings a Kushya and a flaw from the She'eilot u'Teshuvot Yehudah Ya'aleh, that's the great Gaon Rabbi Yehudah Assad. And this is in his Teshuvot in Choshen Mishpat Siman Resh Mem Tes. Everybody knows, everybody the Rabbis, every kid in pre-1A {slash} primary knows that Noach was told to take two animals into the Tevah, Zachar u'Nekeivah. But that was from the non-kosher animals. From the kosher animals he was told to take Shiv'a Shiv'a. He was told to take seven Zechorim and seven Nekeivot. Noach made a Cheshbon. Rashi says that why does Hashem want me to take more from the kosher animals than from the non-kosher animals? Remember at that point you weren't allowed to eat meat, so there was no concept of kosher. Maybe I can eat this, I can't eat that. It's not because I'll have more dinner from the kosher animals. Must be it's because Hashem wants me to bring Korbanot. That must be the Cheshbon. And that was really part and parcel of the impetus of Noach to go and immediately build a Mizbei'ach and to bring the Korbanot. But Al Korbanot Noach took two of the non-kosher he took 14 of the kosher, right? Not one Zug, but he took seven Zugot of the kosher animals and the purpose was to bring Korbanot. Said Rabbi Yehudah Assad, this Kushya always bothered me. It's a Kushya Atzum. Noach went and he brought Korbanot, right? He did exactly what he thought he was supposed to do. What were the Korbanot that he brought? The Torah says Vaya'al Olot BaMizbei'ach. Everybody knows that a Korban Olah is only BaZachar. It's not BaNekeivah. So if the Korbanot that Noach brought were Korbanot Olot, it's a Meforesh Pasuk Vaya'al Olot. So what's he doing with all those Nekeivot? He can't bring a Nekeivah as a Korban Olah. This is his Kushya. He says it always bothered me. He said it's Tzarich. Doesn't know doesn't know Pshat. Everyone knows this Halacha. Noach takes the seven Zechorim, the seven Nekeivot, he brings them as Korbanot. By the way, I brought in Ben Chayil and I brought in Rishonim they talk about why seven. Why why did it have to be the number? Ben Chayil says that when it comes to Kodesh u'Chol Pshita seven is a magic number. But the bottom line is that it was Zachar u'Nekeivah. That's what the Korbanot were. And if that's the case freaked Rabbi Yehudah Assad, he doesn't understand if the Korbanot that Noach brought were Olot, the Churah an Olah can't be brought BaNekeivah. So the Chavatzelet HaSharon says a Terutz in a flaw. And really it's a Meforesh Gemara. The Gemara is in Maseches Avodah Zarah Daf Chof Daled Amud Beis talk about Tak D'Oraisa. How do you know that a Olah Nekeivah could be brought on a Bamah Yachid? Because the Pasuk says in Shmuel Alef Shmuel took a Tleh, that's a female, and he brought it as a a Korban Olah. Says the Gemara Amar Rav Adda bar Ahavah from here you learn that an Olah Nekeivah could be brought as a Bamah Yachid. So said Rabbi Yehudah Assad, said the Chavatzelet HaSharon, Rabbi Yehudah Assad has this Kushya, Tzarichin it's a Pele BaEinai. What's going on here? Noach is taking these Nekeivot and he's bringing them as a Korban Olah. A Nekeivah is not brought Olah. It's not true. It's a Meforesh Gemara. It's the Gemara in Avodah Zarah Daf Chof Daled Amud Beis. Amar Rav Adda bar Ahavah Minayin Olah Nekeivah She'Ksheirah BaBamah Yachid. And the Churah this Mizbei'ach that Noach built was a Bamah Yachid. What else was one? It was Achshav from a Mishkan. So if it's a Bamah Yachid so let's move on. It's Porsha. That's why he was able to bring in a Nekeivah even as a Korban Olah. But obviously verstehst du Chalein my Terutz that I'm saying is really totally the Ashley Rabbeinu Yechiel and it's totally in yesterday's Rebbe. It's totally in how you understand this Mizbei'ach that Noach built. It's totally in how you understand the Shulchan Aruch that governed the Hakravot, the Korbanot that Noach brought. If you hold that the Mizbei'ach was a Bamah Mevuar in the Gemara in Maseches Zevachim Daf Chof Tes Vav Amud Beis where the Gemara learned Amar Rav Puna that the Makor that when it came to a Bamah you were allowed to bring Mechol HaBeheimah Tehorah not only from a Shofar Keves u'Ayil is from Noach who brought Mechol HaBeheimah Tehorah in other words it was a Korban Yachid. By the way, we didn't mention this yesterday, but there's another Gemara. The Gemara in Maseches Zevachim Daf Chof Resh Amud Beis where the Gemara has a Shaila with regards to Halachot. Somebody brings a Korban outside of the Mikdash Chayav Korban. Shchutei Chutz, Halachot, Parshat Acharei Mot O Perech Acharei Mot so this is the Bamah Mayla part of Acharei Mot. If someone is Mayla Korban BaChutz he's Chayav and this Machloket is in the Mishnah Rabbi Eliezer and Rabbi Shimon what type of Halacha one would have to do in order to be over Halachot? Do you have to be Mayla on a Mizbei'ach or is it enough if you Mayla on a rock as long as you do some sort of Halacha? And the Gemara says what's it Taluy in? It's Taluy in what a Bamah had to be BaSha'at Heter Bamot. Meaning the Issur Halachot BaSha'at Issur Bamot is governed by the definition of Bamah BaSha'at Heter Bamot. So if a Bamah had to be a Mizbei'ach so then the Issur Halachot BaSha'at Issur Bamot would have to be on a Mizbei'ach. If a Bamah didn't have to be a Mizbei'ach then the Issur Halachot BaSha'at Issur Bamot would not have to be a Mizbei'ach either. Says the Gemara, I'll just read it inside. My time with Rabbi Yossi. Rabbi Yossi is the one that holds that BaSha'at Heter Bamot you needed to be Makriv on a Mizbei'ach, not just on a rock or on some barbecue. Dichsiiv because the Pasuk says Vayiven Noach Mizbei'ach LaHashem. You see Noach built a Mizbei'ach. What was Noach Makriv on? He was Makriv on a Bamah. Vayiven Noach Mizbei'ach LaHashem since he made a Mizbei'ach it's a Bamah. Even the Mandoma that's Cholik, Rabbi Shimon the Gemara says that could be when it says Mizbei'ach by Noach doesn't mean a Mizbei'ach. It means it was something that had a little bit of elevation. It was some sort of pedestal. But Lav Davka was Mizbei'ach. But Al Korbanot it's Mevuar in this Gemara also like the Gemara later Chof Tes Vav Amud Beis and even earlier Chof Resh Amud Beis that the Shita of the Talmud Bavli is that Vayiven Noach Mizbei'ach LaHashem was a Bamah. So if it was a Bamah Oivaz Itz Gevat he was able to bring an Olah Nekeivah. But we spoke out the Midrash Rabbah. Rabbi Eliezer ben Yaakov said that where was the Hakravah of Noach? It was done on the Mizbei'ach HaGadol Sheb'Yerushalayim. And we saw it in Perek Chof Gimel of Pirkei Rabbi Eliezer. And the Rambam brings an explicit Pasuk in Perek Beis. Mishnah Seder Olam Rabbah Chof and that's the place that Noach went ahead and brought his Korbanot. And we mentioned from Amar Simcha. Amar Simcha said that it's Yitochen Samuchach but it's that if that's where the Korbanot brought then it they were governed. They were governed by the regular Hilchot and by Terutz K'Amar BaZevachim and Achshav etc. etc. etc. And we said it also from the Panim Yafot from the Chasam Sofer and the Hamikdash that it's clear the Gedolei Acharonim understood that at least according to the Shita of the Midrash the Mizbei'ach of Noach was a proper Mizbei'ach. And the Korbanot that Noach brought were proper Korbanot. If that's the case it's Chodrei Kushyot. Rabbi Yehudah Assad will take this. Rabbi Yehudah Assad it's Mustaber in the Gemara in Avodah Zarah. Not Mustaber of course you knew the Gemara in Avodah Zarah Chof Daled Amud Beis. Oh but the Kushya like Amar Simcha's Kushya. What's the Kushya? It's Keneged a Meforesh Gemara. Because the Any Chinami the Shita of the Talmud Bavli that holds Vayiven Noach Mizbei'ach was a Bamah Yachid. Yeah, and it's Meforesh Gemara. However, the Shita of the Midrash right? You think about it. It's Machloket in Talmud Bavli and Midrash. Talmud Bavli holds Vayiven Noach Mizbei'ach was a Bamah and it's governed by Dinei Bamah. Whereas the Midrash holds that it's a proper Mizbei'ach it's governed by Dinei Mikdash. Either way