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Week 23 - Monday - 1 May 2000

PESACHIM: CHAPTER 8: MISHNA 2

If one says to his slave, "Go and slaughter the korban pesah on my behalf" - if he slaughtered a kid he may eat, if he slaughtered a lamb he may eat, if he slaughtered both a kid and a lamb he may eat from the first. If he forgot what his master had told him, what should he do? He slaughters a lamb and a kid and he says, "If my master said to me a lamb, the lamb is his and the kid is mine; and if my master said to me a kid, the kid is his and the lamb is mine." If his master forgot what he had told him - then both of them go out to the place of burning; and they are exempt from performing the Pesah Sheni.

Kehati

If one says to his slave, "Go and slaughter the korban pesah on my behalf" and he did not specify whether to slaughter a lamb or a kid, for it is written, regarding the pesah sacrifice, "you shall take it from the sheep, or from the goats" (Ex. 12:5), if he slaughtered a kid he - his master, may eat - from it, even though he customarily slaughtered a lamb every year; if he slaughtered a lamb he may eat - even if he customarily slaughtered a kid; since he did not specify saying to his slave what to slaughter, he agreed to whatever he would slaughter, if he slaughtered both a kid and a lamb - and one may not be subscribed for two korban pesahs together, he may eat from the - animal that was slaughtered - first - and the second one must be burned.

The Gemara explains that this law was taught only regarding a king and queen; regarding ordinary people, however, the law is that both of them are to be burned. For it is taught in a baraita: "It once happened that a king and a queen who told their slaves: 'Go and slaughter on our behalf the korban pesah,' and they went out and slaughtered on their behalf two korban pesahs. They came and asked the king. He told them, 'Go and ask the queen.' They came and asked the queen. She said, "Go and ask Rabban Gamliel.' They came and asked Rabban Gamliel. He said, 'A queen and a king, who are fickle, may eat from the first one; we may eat neither from the first nor from the second.'" Two interpretations have been given for Rabban Gamliel's reason ("A queen and a king, who are fickle"). (1) Rashi interprets this to mean that they are not particular regarding their meal, whether it consists of kids or of lambs, and rely upon their slaves. They therefore may eat form the first one; since they are not particular, they fulfill their obligation with the first one, while the second one has been slaughtered for no purpose (ordinary people, however, who are particular, may eat neither from the first one nor from the second one, for we hold that one may not subscribe to two korban pesahs together, to eat from whichever one he wishes, for there is no retroactive choice; when he wants to eat from the first one, we say, perhaps he did not have this in mind at the time of the slaughter - Bartenura). (2) Rambam writes: "on account of the peace of the kingdom" (Hil. Korban Pesah 3:1) (i.e., if told that he may not eat at all, the king will become angry with his slave and kill him; or perhaps he will become angry with the Sages, who ruled that he may not eat at all because retroactive choice is not valid, for the king might think that retroactive choice is valid, and they ruled in this way only in order to annoy him - Kesef Mishneh; Hameiri offers a similar interpretation: because they are easily angered).

If he - the slave, forgot what his master had told him - whether a kid or a lamb, but the slave forgot, what should he do? He slaughters a lamb and a kid and he says, "If my master said to me a lamb, the lamb is his - on his behalf, and the kid is mine" for me, and if my master said to me a kid, the did is his and the lamb is mine - this is not an instance of retroactive choice, for his master had specified what he should slaughter, only he does not know. The Gemara explains that this refers to a case in which the slave went to his master's herdsman, who wishes to solve his problem. The herdsman gives him a kid and a lamb, and says to him, "slaughter both of them, so that you will slaughter as your master told you, and one of them will be yours, on condition that it does not become the property of your master (see Rambam, Hil. Korban Pesah 3:2). In such a case, the slave may stipulate that one of them will be on his behalf. Otherwise he may not so stipulate, for whatever the slave acquires becomes the property of his master, and therefore both of them are his master's.

If - after the slave had slaughtered both of them, with the above-mentioned stipulation, he came and asked his master which one he had asked him to slaughter, but - his master - also - forgot what he had told him - then both of them go out of to the place of burning - i.e., both of them are burned after being disfigured, on the sixteenth of Nisan (Hameiri); and they are exempt from performing the Pesah Sheni - The Gemara states they are exempt from performing the Pesah Sheni only if his master forgot after the blood of the kid and that of the lamb had been thrown, for at the time of the throwing he could have clarified for whose sake the blood of each one is thrown, and thus its slaughtering and throwing would be fit, since at the time of the throwing it was fit for eating. If, however, his master forgot prior to the throwing of the blood, they are obligated to perform Pesah Sheni, because it was not fit for eating at the time of the throwing. This is Rambam's ruling (Hil. Korban Pesah 3:2).

PESACHIM: CHAPTER 8: MISHNA 3

If one says to his sons, "I will slaughter the korban pesah for the first among you to reach Jerusalem" - as soon as the first one put his head and the greater part of his body inside he gains his portion and he gains his brothers' for them. Any number can be subscribed so long as there will be in it a ka-zayit for each one. They may be registered and they may withdraw from it until it is slaughtered. Rabbi Shimon says, Until its blood is thrown.

Kehati

If one says to his sons - before he goes up to Jerusalem to slaughter the korban pesah, "I will slaughter the korban pesah for the first among you to reach Jerusalem - the one who reaches Jerusalem first will be awarded the korban pesah, and his other brothers will be given a portion through him. The Gemara explains that he said this to them only in order to urge them to go up to Jerusalem, so that each one would hasten to be the first; in actual fact, however, he registered all of them for his korban pesah; as soon as the first one put his head and the greater part of his body inside Jerusalem, he gains his portion in the korban pesah and he gains his brothers' for them.

Any number can - join a group and - be subscribed - for its korban pesah, so long as there will be in it a ka-zayit for each one - of its subscribers. When, however, there is only a ka-zayit for each of its subscribers, no more people may be subscribed for it. A baraita in the Gemara teaches: "If one group was subscribed for it, and then a second group was subscribed for it - the first, who have a ka-zayit each, eat, and are exempt from performing the Pesah Sheni; the latter ones, who do not have a ka-zayit each, may not eat, and are obligated to perform the Pesah Sheni" (Pes. 78b). This is Rambam's ruling (Hil. Korban Pesah 2:14).

They may - join a group to - be registered - for the korban pesah until it is slaughtered, and - similarly, they may withdraw from it - change their minds about being subscribed for it, until it is slaughtered. Rabbi Shimon says, Until its blood is thrown - The Gemara explains that Rabbi Shimon disagrees with the First Tanna, and; holds that they may withdraw from the korban pesah sacrifice even after slaughtering, until the blood is thrown. He admits, however, that they may be subscribed for it only until it is slaughtered. The halakhah is not in accordance with Rabbi Shimon.

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