Pesachim 24
While discussing
hametz and its status on
Pesach, the
Gemara compares it to other situations where the
Torah forbids eating certain foods, and to those sources in the
Torah from which we learn those prohibitions. In several cases, when the
Gemara finds a passage that seems repetitious, it tries to derive from
it other
halakhot regarding forbidden food.
Upon observing this methodology,
Ravina asks
Rav Ashi whether perhaps the Torah repeats the halakha in
order to teach us that a person can be held liable several times for
eating one forbidden food. To prove that such a thing is possible, he
quotes
Abayye who taught that someone who eats a Putita would
receive four sets of malkot (=lashes) from the
Bet Din, someone who eats a Nemalah (=an ant) receives
five sets of lashes, and someone who eats a Tzirah (=a wasp)
receives six sets of malkot each set representing a further
prohibition that attaches to that particular non-kosher creature.
Rav Ashi responds that the Gemara is only willing to apply a Biblical
passage to the creation of an additional prohibition if it cannot find a
more useful purpose for the pasuk (=verse).
We are not certain of the identity of the Putita, for which
Abayye ruled that there are four prohibitions, since it is not very well
described in the Gemara. From what we know, it is likely a water
creature, perhaps a water beetle, or, as the
Arukh explains, a non-kosher fish, like a small eel. Some point
to a similar word in Latin, which is a general term for several types of
flat fish most of them non-kosher that live on the bottom of rivers.
With regard to the idea that you can be held liable for several
forbidden actions by eating one non-kosher creature, it is interesting
to note that in his introduction to his
Sefer ha-Mitzvot,
Maimonides sets out a number of general principles that govern his
decision as to whether something should be considered one of the 613
commandments. One of the basic principles that he puts forward is that
even if a given law is repeated a number of times in the Torah it does
not indicate that the thing is commanded or forbidden more than once.
Due to this position, the Rambam is forced to explain the cases in our
Gemara as referring to unique creatures whose physical makeup allows
them to fall under separate categories that it is a water insect, a
winged insect, a crawling insect, etc. all at the same time. Most
other
Rishonim, however, follow the opinion of the
Geonim, who accept this Gemara at face value and understand that
you can, on occasion, be held liable several times for one Biblical
prohibition.
Pesachim 25
As we have seen, not only is it forbidden to eat
hametz during
Pesach, deriving other benefit from it is prohibited as well. In
order to develop a deeper understanding of the relationship between
eating and deriving benefit from forbidden foods, the
Gemara compares hametz to other things forbidden by the
Torah, including basar be-halav (meat and milk) and kilei
ha-kerem (wheat grown in a vineyard). One point the Gemara makes
very clearly is that in a case of piku'ah nefesh of danger to
human life we dispense with all of these rules. Ravin in the name of
Rabbi Yohanan taught that anything even things usually forbidden
can be used to save someone who is in danger, with the exception of
three things: Avodah Zara (idol worship), Gilui Arayot
(forbidden sexual relations) and Shefikhut Damim (murder).
The Gemara presents Biblical passages as the source for this rule
regarding Avodah Zara and Gilui Arayot. When it comes to
Shefikhut Damim the Gemara argues that no proof-text is
necessary, as it is a sevara a logical argument that murder
cannot be permitted to save a life. To illustrate the sevara, the
Gemara tells of a person who approached
Rava with the following question:
"The ruler of my village came to me and said 'kill that person, and if
you do not then I will kill you.' Can I follow his order so that I will
be able to save myself?"
Rava responded:
"Allow yourself to be killed, but you may not kill another. Who says
that your blood is redder than his? Perhaps his blood is redder than
yours."
On a simple level, Rava's argument is that we cannot tell whose life is
more valuable, so we will not allow you to save your life at the expense
of another.
Rabbenu Yehonatan explains Rava's answer by arguing that really the
laws of the Torah are so important that we would not allow them to be
"pushed aside" even at the expense of human life. The reason the
halakha permits someone to transgress a serious prohibition
like
Shabbat in order to save a life is because we weigh that
single hillul Shabbat (=desecration of Shabbat) against
the potential Shabbatot that the person will observe in the
course of his lifetime. In our case the argument is that we cannot
possibly know "whose blood is redder" i.e. who will live longer and
perform more
mitzvot.
Pesachim 26
One of the examples that the
Gemara discusses of things that are assur behana'ah that
one cannot derive pleasure or benefit from is kodashim things
consecrated for use in the
Temple. The technical term for deriving such pleasure is me'ilah
making inappropriate use of sacred property.
A
baraita is brought by the Gemara quoting
Rabbi Shimon ben Pazi in the name of
Rabbi Yehoshua ben Levi who teaches that not all types of benefit
are considered me'ilah. Specifically, sound (e.g. hearing the
singing of the
Levites), sight (e.g. viewing the beauty of the Temple itself or
even making use of the light from the Temple for mundane activities) and
smell (e.g. enjoying the smell of the ketoret the Temple
incense) are not considered making inappropriate use of the Temple's
property.
The Gemara questions this ruling by pointing out that the
Torah prohibits one from making ketoret for his own use (Shemot
30:37), and that someone who smells the ketoret that was made
for use in the Temple may not be held liable for it, but nevertheless is
considered to have committed me'ilah.
Rav Papa answers this by distinguishing between sight and sound on
the one hand and smell on the other hand. Sight and sound have no
substance to them at all (ein bahem mamash) and would not be
forbidden at all, as opposed to smell which does have substance.
Therefore, smelling the ketoret would be considered me'ilah
until after it had been lit, that is to say, until after the
mitzvah had been fulfilled.
The distinction that Rav Papa makes is based on the fact that the
properties of both smell and taste are carried by tiny bits of the
substance itself that act upon receptors in the person's nose and mouth.
Thus, the senses of smelling and tasting derive benefit from the object
itself. In order to see and hear, however, the body has receptors that
react to light waves or sound waves that come from an object, but are
not part of the object itself.
Pesachim 27
In yesterday's daf (=page) we learned of the unique status of
kodashim things consecrated for use in the
Temple, and the rule of me'ilah making inappropriate use of
sacred property. The source for the laws of me'ilah appears in
Vayikra
5:14-16, and an entire tractate of the
Talmud
Masechet Me'ilah is devoted to the study and analysis of this
rule. Here is a brief synopsis of me'ilah:
When someone derives benefit or pleasure by accident from something that
has been consecrated to the Temple (i.e. he does not realize that the
thing was kodesh), he is considered to have committed me'ilah,
and he will be obligated to bring an appropriate sacrifice, and to pay
back the value of his benefit to the Temple, together with an additional
fifth (20%) as a penalty. Generally speaking, after the object has been
used for some mundane purpose and the person has fulfilled the
requirements as mentioned above, the object then loses its status as
kodashim and can now be used for normal purposes (hullin). In
effect, the holiness has transferred from the object to the money that
has been paid to the Temple in its place.
As noted above, the rules of me'ilah only apply when the object
was used by accident. If someone makes use of kodesh of an
object that belongs to the Temple - for his own use on purpose, the
rules of me'ilah do not apply. The
Torah does not say what should be done to the transgressor in such a
case. What is clear is that the atonement offered by the sacrifice and
monetary payment will not apply.
Another
halakha about kodashim discussed on our daf is the
rule that it cannot become batel it cannot become nullified
when combined with other things. The background to this rule is that
most things can become nullified when they are in a mixture in such a
small quantity that they can no longer be noticed. For most food, for
example, the ratio is 60:1; therefore, when there is sixty times more
kosher meat than non-kosher meat, we view the non-kosher meat as
having been nullified and the mixture is permitted.
There are a number of explanations as to why this rule is not applied to
kodashim. The
Meiri suggests that it is because in this case, aside from the
question of issur ve-heter of permissibility on a ritual level
there are also questions of money and ownership involved, since the
kodashim is perceived as being the property of the
Mikdash. Those types of questions are not governed by the same
rules of bittul (=nullification).
Pesachim 28
The
Torah tells us the story of the first
Passover holiday that was celebrated at the time that the Jewish
people were leaving Egypt (Shemot
12) and specifically commands to continue celebrating the
anniversary of this event when they arrive in the Promised Land (12:25).
Furthermore, the Torah emphasizes that this commemoration is an
obligation for all time (12:24). Yet we know that the rules and
regulations that applied to the Children of Israel at the time that they
were leaving Egypt are different than those that future generations were
obligated to follow. Some of the differences are clearly stated in the
Torah itself. For example, the Jewish people in Egypt were told to
prepare the
korban Pesach the Passover sacrifice beginning on the tenth
day of the month of
Nissan (12:3), and that the blood of the sacrifice was to be saved
in order to use it for painting the doorposts of their houses (12:7;
22-23). These
mitzvot applied only that first year, and not in subsequent
celebrations of the holiday.
Clearly, many of the rules apply whenever Jews celebrate Pesach,
whether in Egypt, Israel or in the Diaspora. Yet, the pesukim
(=verses) in Sefer Shemot (= the book of Shemot) are not clear
with regard to establishing which rules were meant to apply for all
generations and which only for the first Passover.
As basic a rule as the law forbidding eating
hametz is subject to a disagreement in the
Gemara.
Rabbi Yossi ha-Galili is quoted in a
baraita as saying that during the Exodus the prohibition to eat
hametz lasted only one day. While this does not have practical
ramifications for us today, when it is clear that the prohibition is in
place for the entire seven day holiday, it points to the different
possible interpretations of the passages in Sefer Shemot. Rabbi
Yossi ha-Galili interprets the juxtaposition of the statement "
and you
shall not eat hametz" to "today you are leaving" (see Shemot
13:3-4) as indicating that the prohibition of hametz during
yetziat mitzra'im (= the exodus from Egypt) was limited to that
day only.
Pesachim 29
In an earlier discussion we presented the law of me'ilah of
making inappropriate use of sacred property. What if, on
Pesach, a person ate
hametz that belonged to the
Temple? Two opinions are brought in the
baraita:
According to the Tanna Kamma (=the first
Tanna), the person is liable for me'ilah and will have to
bring a sacrifice and pay restitution plus penalty to the Temple.
Another opinion, quoted in the name of Yesh Omerim (=some say)
argues that no me'ilah has taken place.
The Yesh Omerim is identified by the
Gemara as
Rabbi Nehunia ben Hakanah, who rules that someone whose
transgression is deserving of karet (=excision from the Jewish
people) - which he considers equivalent to the death penalty will not
be held liable for "lesser crimes" that took place at the same time. On
one level, this concept is based on a general principle of kim lei
be-d'raba mi-nei that the greater of the punishments will suffice
for him - which teaches us that a person cannot be punished twice for
the same incident, and that the more severe punishment is the one that
is executed. Our case demands a Biblical source beyond this (which
different sages learn from a variety of sources) from which we can learn
that someone who commits a prohibited act that is deserving of a severe
penalty will be free from any other punishments associated with that
act, even if the more severe punishment is not meted out. Moreover, the
payment of damages as opposed to other types of punishments - that
stems from that act would not ordinarily be erased were it not for the
Sages interpretation of these Biblical passages.
Tosafot point out that identifying the mysterious Yesh Omrim
as Rabbi Nehunia ben Hakanah appears to run counter to the Gemara in
Horayot. The Gemara there teaches that following a disagreement in
the
bet midrash,
Rabbi Natan and
Rabbi Meir were expelled, and when they were allowed to reenter it
was on the condition that their future teachings would be quoted without
their names Rabbi Meir's statements would be quoted as Aheirim
Omrim (=others say) and Rabbi Natan's would be cited as Yesh
Omrim. Tosafot explains that the Sages knew that certain statements
were not made by Rabbi Natan, which leads them to try and identify the
true author of the statement.
Pesachim 30
How do you prepare your kitchen for
Pesach? Do you "kasher" your silverware or do you have a
separate set for the holiday?
This is the conversation that is quoted by the
Gemara between
Ravina and
Rav Ashi on this topic:
Ravina: "What do you do with knives in preparation for Pesach?"
Rav Ashi: "I arrange to have new ones made."
Ravina: "How about people who cannot afford to purchase new utensils?
What should they do?"
Rav Ashi: "I didn't mean that I actually make new ones. What I meant was
that I refurbish my knives every year. I put clay around the wooden
handle so that it should not be ruined, and I put the metal part of the
knife into fire. Then I remove the clay and put the handle into boiling
water."
The Gemara concludes that utensils can be made kosher for Passover by
means of putting them in boiling water of a keli rishon a pot
that is directly on a flame based on the principle ke-bolo kakh
polto something that absorbs taste will expel it when subjected to
the same situation. Since kitchen utensils are often used in a boiling
pot over a flame, that is the level of heat necessary to remove whatever
had been absorbed.
One type of material from which
hametz cannot be removed is earthenware. According to the Gemara,
once an earthenware pot is used for cooking, what had been absorbed can
never be fully removed.
One of the issues raised by the Gemara is whether glazed earthenware
pots will have the same rule as simple ones. In this photograph of an
earthenware jar that was found in
Dura Europos in Babylonia, the difference between glazed and simple
earthenware finishes is apparent. From the discussion in the Gemara it
is clear that glazing was done with different materials that gave
different color finishes, each of which allowed for a different amount
of absorption by the pot.
All of this is only if the utensil had been used for hametz in a
situation where heat was applied. If, however, something was only used
for cold food, then we do not assume that anything had been absorbed and
it can be used on Pesach.
In addition to his monumental translation and commentary on the Talmud,
Rabbi Steinsaltz has authored dozens of books and hundreds of articles on
a variety of topics, both Jewish and secular. For more information about
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This Week's
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