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Week 24 - Monday - 8 May 2000 Sunday | Monday | Tuesday | Wednesday
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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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