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Mishna Yomit Program
Week 24 - Monday - 8 May 2000

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PESAHIM: CHAPTER 9: MISHNAH 8 If a Pesah was confused with offerings, all of them must be left to pasture until they become disqualified, must be sold, and for the value of the best of them he must bring of the one type, and for the value of the best of them of the other type, and he loses the additional from his house. If it was confused with firstborn – Rabbi Shimon says, If a group of priests, they must eat.

Kehati

If a Pesah –offering - was confused with – other - offerings – e.g., there were three lambs: one for a pesah offering, one for a burnt-offering, and one for a guilt-offering. These offerings are subject to differing rules, both regarding the time they are eaten, and the manner in which their blood is thrown on the Altar. Since they were confused, none of them is fit to be offered; therefore, all of them must be left to pasture until they become disqualified – develop a blemish – must be sold –after they developed a blemish, and for the value of the best of them he must bring of the one type, and for the value of the best of them of the other type – he is required to bring each one of these offerings for the value for which the best of these animals was sold, since this specific offering may have been the best one. E.g., if he sold one for a sela, the second one for a sela and a half, and the third one for two selas, he must purchase three other lambs, each one for the sum of two selas, the value of the best of them, and he loses the additional – sela and a half, from his house – from his own money, for he sold all of them for a total of four and one half sela, and now, when he must purchase the offerings for a total of six selas, he must add the difference from his own pocket. Rashi comments: since the sanctity of the animal is transferred to its proceeds, and one may not exchange one sanctity for another, he must take six selas from his pocket, and then he takes two of them, and he says, “Wherever the burnt-offering is, it is redeemed from its consecrated status by these two selas,” and he purchases with them a burnt-offering; a similar procedure is followed with the other offerings (see Tosefot Yom Tov, who has difficulty, according to the interpretation of Rashi, in explaining the use of the wording “and he must be sold” in the mishnah). And he purchases with two selas a korban pesah, if all of them developed blemishes before Pesah. If they developed blemishes after Pesah, he purchases with these proceeds a peace-offering, since a korban pesah not in its proper time can be offered as a peace-offering. However, if the korban pesah was confused with peace-offerings, he shall offer all of them as peace-offerings, because these require placing the hands on the offering and two sprinklings of blood (that appear as four), which is not so in the case of a korban pesah. As already mentioned, a korban pesah not offered for that purpose is offered as a peace-offering.

If it – the korban pesah, was confused with firstborn – the manner in which their blood is thrown on the Altar is identical, as has been taught, “The firstborn, and the ma’aser, and the korban pesah, may be slaughtered in any place in the Temple Courtyard, and their blood requires one application” (Zev. 5:8). The manner in which they are eaten, however, is different: “The firstborn may be eaten by the priests two days and one night, and the pesah may be eaten only in the night (until midnight), and it may be eaten only by its subscribers,” Rabbi Shimon says, If a group of priests – is subscribed for this korban pesah, they must eat – all of them, on Pesah night. I.e., on Pesah eve they offer all the animals that were mixed up, and they say, “Whichever is a korban pesah should be offered as a korban pesah, and whichever is a firstborn, should be offered as a firstborn.” And they eat all of them on Pesah night until midnight, as is the law regarding the korban pesah. Even though they are shortening the time allowed for eating the firstborn, because a firstborn may be eaten for two days and one night (as mentioned above), and now they may eat it only until midnight, and as a result they create a condition in which offerings become disqualified (by causing them to become notar), nevertheless, Rabbi Shimon does not fear this, because in his opinion, a person may create a condition in which offerings become disqualified. The Sages, however, disagree with him. They hold that one may not create a condition in which offerings become disqualified. Accordingly, if the korban pesah was confused with the firstborn, all the animals must be left to pasture until they develop a blemish, and he must bring a korban pesah for the value of the best of them (as explained above); and all the animals which were confused may be eaten as a firstborn with a blemish (as explained in Zev. 8:2). If he has already brought his korban pesah, he brings a peace-offering for the value of the best of them (instead of the korban pesah that was confused), as explained above (see Pes. 98b). The halakhah is in accordance with the Sages (Rambam, Hil. Korban Pesah 4:8).

PESAHIM: CHAPTER 9: MISHNAH 9

If a group lost its korban pesah, and said to one, “Go out and seek and slaughter for us,” and he went and found and slaughtered, while they bought and slaughtered – if his was slaughtered first, he eats of his, and they eat of his with him; but if theirs was slaughtered first, or if both of them were slaughtered at the same time, he eats of his, and they do not eat with him, and theirs must be burned, and they are exempt from observing Pesah Sheni. If he said to them, “If I am delayed, go and slaughter for me,” and he went and found and slaughtered, and they bought and slaughtered, then if theirs was slaughtered first – they eat of theirs, and he eats with them; but if his was slaughtered first – he eats from his and they eat of theirs; and if it is not known which of them was slaughtered first, or if both of them were slaughtered at the same time – they eat of theirs, but he does not eat with them, and his is burned, and he is exempt from observing Pesah Sheni. If he said to them and they said to him – they all eat of the first; and if it is not known which of them was slaughtered first – both are burned. If he did not say to them and they did not say to him, they are not responsible for each other.

Kehati
If a group lost its korban pesah, and said to one – of its members, Go out and seek – the lost korban pesah, and slaughter – that korban pesah – for us” – when you find it, and he went and found – the korban pesah, and slaughtered – it, on behalf of the group, while they – the members of the group, bought – another lamb, for they feared that the korban pesah that had been lost would not be found, and slaughtered – it, as a korban pesah that had been lost would not be found by their agent, was slaughtered first, he eats of his, and they eat of his with him – since they appointed him to act as an agent and they said to him, “slaughter for us,” they all are subscribed for his, and after this slaughter they can no longer be subscribed for another korban pesah; therefore, they all eat from his, and theirs shall be burned, as is the law regarding an ownerless korban pesah; but if theirs was slaughtered first, they eat of theirs – because they have withdrawn his appointment as an agent, and from a korban pesah that was lost, before it was slaughtered, and they subscribed to theirs, and he eats of his – for he was not subscribed with them for theirs; if it is not known which of them – his or theirs, was slaughtered first, or if both of them were slaughtered at the same time, he eats of his – for he was not subscribed with them for theirs, and they do not eat with him – for perhaps theirs was slaughtered first, and thus they had withdrawn from his, and they had not been subscribed for his, and theirs must be burned – they may not eat, even from their korban pesah, because perhaps his was slaughtered first, and they could not be subscribed for theirs; therefore, it must be burned, and they are exempt from observing Pesah Sheni even though they ate neither from his nor from theirs, for, nevertheless, they were subscribed for one of them, and it was slaughtered and its blood was thrown in their name; however, they do not know which one is their korban pesah so that they could eat from it, and eating is not indispensable for this mitzvah.

If he – one of the members of the group, who had gone out to search for the lost korban pesah, said to the, “If I am delayed, go and slaughter for me” – i.e., the members of the group did not say to him, “slaughter for us,” rather he said to them, “I will go and will search for the lost korban pesah offering, and if you see that I am delayed, subscribe me with you and slaughter for me”; and he went and found – the lost korban pesah, and slaughtered – it, and they bought and slaughtered – another korban pesah,

Then if theirs was slaughtered first – they eat of their – for they have withdrawn from the lost one, and he eats with them – for he is subscribed with them for theirs, and after it is slaughtered, he may not withdraw from it. And his shall be burned, as is the law regarding an ownerless korban pesah; but if his was slaughtered first, he eats of his – of he retracted his request that they should slaughter on his behalf, and he withdrew from their korban pesah before it was slaughtered, and they eat of theirs – for they did not appoint him as their agent to slaughter it for them, and they had long withdrawn from it;

And if it is not known which of them was slaughtered first, or if both of them were slaughtered at the same time – they eat from theirs – for they did not appoint him as their agent, as explained above, but he does not eat with them – since his may have been slaughtered first, and he withdrew from theirs and he was not subscribed for it, and his is burned – for perhaps theirs was slaughtered first, and since he appointed them agents to slaughter on his behalf, he could not be subscribed for another korban pesah; therefore his korban pesah must be burned, and he is exempt from observing Pesah Sheni – for, in any event, he was subscribed for one of these two korban pesahs, and eating is not indispensable (as explained above).

If he said to them – “If I am delayed, go and slaughter for me,” and they said to him – “Seek the korban pesah and slaughter for us,” they all eat of the – korban pesah that was slaughtered – first – for he is their agent and they are his agents; and the second one shall be burned; and if it is not known which of them was slaughtered first – or if the two of them were slaughtered at the same time, both are burned – and, nevertheless, they are exempt from observing Pesah Sheni, as explained above.

If he did not say to them and they did not say to him – i.e., neither party said anything to the other, rather one member of the group went, of his own volition, to search for the lost korban pesah, and he found it and he slaughtered it, and they bought and slaughtered another korban pesah. Even though they intended that each one would slaughter for the other, or there were indications from which it could be understood that each one would slaughter for the other, since they did not state anything explicitly and they did not say anything to each other (Rambam, Hameiri), they are not responsible for each other – they have no responsibility or claims vis-a-vis each other, and we are not concerned about which was slaughtered first. Rather, he eats of his and they eat of theirs. A baraita is brought in the Gemara: “If he did not say to them and they did not say to him they are not responsible for each other. Based on this, the Sages said, Silence is golden for sages, and how much more so for the foolish, as it is written, ‘Even a fool, when silent, is considered wise’ (Prov. 17:28).”

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