Torah Community Connections

Week 23 - Wednesday - 3 May 2000

PESACHIM: CHAPTER 8 : MISHNA 6

An onen, and one who removes a pile, and likewise one who has promised to be released from prison, and a sick and aged person who are capable of eating a ka-zayit - they slaughter on their behalf. For all these they may not slaughter on their behalf alone, lest they cause the pesah to be invalid. Therefore, if any disqualification befall them, they are exempt from participating in a Pesah Sheni, except for one who removes a pile, for he is unclean from the outset.

Kehati

An onen - if one of person's relatives, for whom he is obligated to mourn, died, he is, according to Torah law, on the day of the death, an onen, who may not eat sacrificial meat, as it is written regarding the confession over the ma'asser, "I have not eaten thereof in my mourning [be- oni]" (Deut. 26:14). On the night after the day of the death, however, he is an onen only by Rabbinic law, and the Sages did not insist on their prohibition where there is the mitzvah to eat the korban pesah. Hence, one who becomes an onen on Pesah eve may eat his korban pesah at night; and one who removes - on Pesah eve, a pile - of stones, that had fallen on a person, in order to extract him from the pile, and we do not know whether he will find him dead or alive. As long, however, as this person has not been found dead, the person removing the pile is presumed to be clean; and likewise one who was promised to be released from prison - before Pesah, even though the prsion was outside the Jerusalem city wall, and if the promise would not be fulfilled, they would not be able to bring him the korban pesah, to eat it with him; and a sick and aged person who are capable of eating a ka-zayit - from the korban pesah; in all these cases - they slaughter on their behalf - the korban pesah, with other group members. Regarding an onen, Rambam (Hil. Korban Pesah 6:9)> writes: "This refers to one whose relative died after noon, for he was already obligated for the korban pesah; if, however, his relative had died before noon, they do not slaughter on his behalf, rather he is deferred until Pesah Sheni. And if they slaughtered on his behalf and they threw the blood, he immerses himself and he eats at night" (as will be explained in 8:8, below; see also Zev. 100a).

For all these they may not slaughter on their behalf alone - if the entire group consists of onens, or people removing piles of rubble, or prisoners who were promised to be released, or the sick and the aged, they may not slaughter on their behalf the korban pesah, lest they cause the pesah to be invalid - regarding the onen, we fear lest he become unclean from his dead relative, because he is preoccupied; regarding one who removes a pile of rubble, in case a dead body will be found underneath the pile, and he will be unclean; regarding the prisoner, in case they will not fulfill their promise (this refers to a case in which he is in a prison of Gentiles - Gemara); regarding the sick and the aged, in case they will not be able to eat, even a ka-zayit.

Therefore, if - they slaughtered on their behalf in a group of other people, and afterwards - any disqualification - mentioned above - befall them, they are exempt from participating in a Pesah Sheni - because, at the time of the slaughtering and the throwing of the blood, they were fit to eat the korban pesah, except for one who removes a pile - if the person underneath the pile is found dead, he is obligated to observe pesah Sheni, for he is - already - unclean from the outset - before the slaughtering of the korban pesah, for he was under the same roof with the corpse from the time he began to remove the pile. The Gemara explains that this applies only to a circular pile, for in such a case he certainly was under the same roof with the corpse form the outset; if, however, the pile was long, then since it is possible that at the time of slaughter he was not under the same roof with the corpse and he was then clean, he is exempt from observing the Pesah Sheni.

PESACHIM: CHAPTER 8 : MISHNA 7

They may not slaughter the korban pesah for an individual; the opinion of Rabbi Yehudah. But Rabbi Yose permits. Even for a group of one hundred who are unable to eat a ka-zayit, they may not slaughter on their behalf. And they do not form a group of women, slaves, and minors.

Kehati

They may not slaughter the korban pesah for an individual - but rather for a group; the opinion of Rabbi Yehudah - who fears lest the individual be unable to eat all of it, thereby causing notar. But Rabbi Yose permits - an individual to slaughter the korban pesah for himself, if he is able to eat all of it. But - Even for a group of one hundred - people - who are unable to eat a ka-zayit - i.e., none is able to eat a ka-zayit (Rambam), they may not slaughter on their behalf - The Gemara cites a baraita: "Whence do we learn that they may not slaughter the korban pesah on behalf of an individual? We learn this from the passage, 'You may not slaughter the korban pesah within one (of your cities)' (Deut. 16:5); the opinion of Rabbi Yehudah. But Rabi Yose says, If an individual is able to eat it, they may slaughter on his behalf; if ten are able to eat it, they may not slaughter on their behalf." The Gemara explains that, according to the opinion of both Tannaim, the passage from the Torah teaches that if a person offers his korban pesah on a private altar, during the period when private altars are prohibited, he transgresses a prohibition. According, however, to the opinion of Rabbi Yehudah, since the Torah states "within one of your cities," and not "within your cities," we deduce also the law that the korban pesah may not be slaughtered on behalf of an individual ("You may not offer the korban pesah within one"). Rabbi Yose, on the other hand, deduces from the passage, "every man according to his eating" (Ex. 12:4) that the korban pesah may be slaughtered on behalf of an individual. The halakhah is in accordance with Rabbi Yose (see Rambam, Hil. Korban pesah 2:2-3).

And they do not form a group of women, slaves and minors - to slaughter on their behalf the korban pesah. The Gemara explains that they may not make a group of women together with slaves, nor a group of slaves with minors, on account of licentious behavior. It is permitted, however, to form a group composed entirely of women or entirely of slaves, since they are obligated to offer the korban pesah. They may not, however, form a group of minors, because they are not mentally mature (Rambam). We have explained the opinion of Rabbi Yose in accordance with Rambam's interpretation that it is permitted to slaughter on behalf of the individual if he is able to eat all of it; but one may not slaughter on behalf of a group of even one hundred, if none of them is able to eat a ka-zayit. Rashi, however, interprets this as follows: if an individual is able to eat a ka-zayit, they may slaughter on his behalf; if one hundred are unable to eat a ka-zayit all together, they may not slaughter on their behalf (see Bartenura, who follows Rashi's interpretation regarding the individual, and Rambam's interpretation regarding the group of one hundred-).

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