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PESACHIM: CHAPTER 7 : MISHNA 13

Kehati

In one verse, the Torah states, "upon the houses wherein they shall eat it" (Ex. 12:7), and in another verse, it states, "in one house it shall be eaten" (ibid., v.46). Rabbi Yehudah deduced from the first verse that the korban pesah may be eaten in two groups, i.e., before they sit down to eat, the members of the group who subscribed to the korban pesah may divide into two groups, each of which eats in a different house. The second verse teaches that one person may not eat in two groups, and one group may not eat in two places, i.e., a person must finish eating in the place in which he began, and he may not eat a part in one house and the rest in another house. (Mekhilta, Bo). Rabbi Shimon disagrees with Rabbi Yehudah, and deduces differently (Pes. 86a), but this mishnah is in accordance with the opinion of Rabbi Yehudah. It teaches how two groups that eat one korban pesah, in one house should conduct themselves.

And when the waiter - who is serving both groups, who had begun to eat the korban pesah with one group, and now he - stands up - while eating - to mix - the wine with hot water and to serve it to the other group, he must close his mouth - and must not even swallow what is in his mouth, so it will not appear that he is eating at all when serving the other group, and he turns his face - towards his group, so that the members of his group will not suspect him of eating with the other group, for one may not eat with two groups (as was explained in the introduction to the mishnah); he conducts himself in this manner - until he gets back to his own group, and - then - he eats - what is in his mouth.

And a bride - who is shy to eat in front of anyone, may turn away her face - to another side, and eat - and this is not considered changing the place of her eating, even if she had eaten a part of the meal without turning away her face (Tosafot). According to one opinion, the Sages enacted that other persons may not turn away their faces to eat, because of the prohibition of changing one's place, but they were lenient regarding the bride, because of her embarrassment (Hameiri; Tiferet Yisrael).

We have interpreted the mishnah according to Rashi, who is also followed by Bartenura. Rambam, however, interprets this differently. He writes: "'If two groups were eating in one house,' each of them must make an enclosure, as it is written, 'any of the meat outside' [Ex. 12:46]. We learn, by a tradition, that an 'outside' must be provided for the place in which it is eaten ; 'these must turn their faces in one direction and eat, and these must turn their faces in the other direction and eat,' so that they will not appear to be mixed" (Hil. Korban Pesah 9:3). i.e., according to Rambam's interpretation, since the two groups are eating in one house, they must not face each other, rather each group must face a different direction, so that they will not appear to be one group (see Kesef Mishneh, ibid.; see also Tosefet Yom Tov). According to Hameiri, the reason for this is lest one group appear to be eating from the korban pesah of the other group.

PESACHIM: CHAPTER 8 : MISHNA 1

Kehati

A baraita teaches: "'A lamb for a household' (Ex. 12:3) - this teaches that one brings a korban pesah and slaughters it on behalf of his minor son and daughter, and for his Canaanite male and female slave, whether with or without their consent. He may, however, slaughter on behalf of his adult son and daughter, for his Hebrew servant and maidservant, and his wife, only with their consent" (Pes. 88a). If, however, they remained silent and did not protest, this is considered consent (the conclusion of the Gemara, ibid.). This mishnah deals with one who is cared for by two people, each of whom registered this person, for his korban pesah whereas one may be registered for only one korban pesah.

If she went to spend the first Festival - of Pesah after her wedding, - in her father's house - for it was customary to spend the first Festival after the wedding in her father's house, and her father slaughtered - the korban pesah - on her behalf and her husband slaughtered the korban pesah - on her behalf - she eats in the place she chooses - The Gemara explains that at the time of the slaughtering of the korban pesah she decided for which pesah sacrifice she wished to be subscribed. If, however, she did not clarify her intent at the time of the slaughtering, she may eat neither from one korban pesah nor from the other, because the law is that there can be no retroactive choice where Torah requirements are concerned. The Gemara also explains that this mishnah refers to a woman who is not anxious to go to her father's house, i.e., it was not her custom, until the first Festival, to go frequently to eat in her father's house; therefore, she may eat where she chooses. However, a woman who is anxious to go to her father's house, and went the first Festival to spend Pesah in her father's house, eats from that of her father. If, however, she had gone the second Festival, and her father slaughtered on her behalf and her husband slaughtered on her behalf, whether she is anxious to go to her father's house, or not, she eats in the place in which she chooses.

A - minor - orphan whose guardians - if two guardians were appointed for him, to supervise his property and to administer his affairs, and each one of them slaughtered - a korban pesah - on his behalf, may eat in the place he chooses- and it is not necessary for him to clarify his intent specifically at the time of slaughtering the korban pesah, for since he is a minor, he is regarded as a member of the guardian's household. As already mentioned above, one may slaughter on behalf of his minor children without their consent (Gemara). They therefore ask him, after slaughtering, in which place he chooses to eat, and he eats of the korban pesah that he has chosen for himself. An adult orphan, however, must clarify his intent at the time of the slaughtering, and if he did not so clarify, and his intent was for both of them, he is regarded as one who subscribed himself for two korban pesahs, and he may eat only from the korban pesah that was slaughtered first (Hameiri, Rambam).

A - Canaanite - slave belonging to two partners - for whom each slaughtered his korban pesah on his behalf, since his obligation regarding the korban pesah is the same as that of a Jewish woman, and his master slaughters on his behalf without his consent (see the introduction to the mishnah), may not eat from either of them - neither from the korban pesah of this one, nor from the korban pesah of the other, because the part of each of the partners in the slave may not be subscribed for the korban pesah without permission of the other partner, and there is no solution for the slave unless the two partners agree that he be subscribed for the korban pesah of one of them. The Gemara explains that this refers to a case in which the two partners are not cooperative with each other and do not want to derive any benefit from one another. If, however, they get along well, the slave may eat from whichever one he chooses.

One who is half slave and half free - e.g., he was the slave of two partners, and one of them freed him, may not eat from his master's - for ordinarily his master did not intend to subscribe the free part of him for his korban pesah. The Gemara states, the may not eat from his master's, but he may eat from his own, since the law is according to the later mishnah, that they force his master to free him (see Git. 4:5). Therefore, even though he has not yet been freed, he is in this respect already considered free, and he may eat from the korban pesah that he slaughtered for himself. Rambam, however, holds on the contrary, that since they want to force his master to free him, so long as he has not been freed, he may eat neither from his master's, nor from his own, so that his master will hasten to free him, so that the slave should be able to fulfill the obligation of the korban pesah.

I heard from Rabbi I.Y. Unterman an explanation as to why the slave may be subscribed for the korban pesah of another person only with his master's permission: because while eating of the korban pesah, his master might impose upon him some task, and he will therefore not be able to participate with the group to which he is subscribed.

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