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Week 24 - Sunday - 7 May 2000

PESACHIM: CHAPTER 9 : MISHNA 6

Rabbi Yehoshua said, "I heard that the substitute for the Pesah is offered and the substitute for the Pesah is not offered, and I cannot explain." Rabbi Akiva said, "I will explain: if the Pesah was found before the slaughtering of the Pesah it must be left to pasture until it becomes disqualified, and it must be sold, and a peace-offering purchased with the proceeds, and likewise its substitute; after the slaughtering of the Pesah it is offered as a peace-offering, and likewise its substitute.

Kehati

It is written in the Torah, "and if he shall at all exchange an animal for an animal, then both it and its substitute shall be holy" (Lev. 27:10). This means that if one set aside an animal as an offering (e.g., a burnt-offering or as a peace-offering), and afterwards he designated a nonconsecrated animal of his, saying, "this is instead of this burnt-offering," or "this is instead of the shelamim," then the sanctity of the offering also applies to the nonconsecrated animal, and both of them are sacred. This mishnah deals with the exchange of the korban pesah. The halakhic basis in this case is that whenever an animal consecrated as a pesah cannot be offered for that purpose it becomes tranformed into a peace-offering.

Rabbi Yehoshua said, "I heard - from my teachers, that the substitute for the pesah - that one can exchange a pesah, i.e., a nonconsecrated animal which was exchanged for a korban pesah, -is offered - as a peace-offering, and the substitute for the pesah - the exchange of a korban pesah -- is not offered - but rather shall be left to pasture until it develops a blemish and is sold, and a peace-offering is brought with the money, and I cannot explain" - which substitute of the korban pesah is offered, and which is not offered.

Rabbi Akiva said, "I will explain> - the two statements: if - one loses his korban pesah, and he designated another in its place, and then - the lost pesah was found before the slaughtering of the - second - pesah - then two korban pesahs are now available at the time of the slaughtering; since the korban pesah that he did not slaughter has been explicitly rejected, it itself is not a peace-offering; rather - it must be left to pasture until it becomes disqualified - develops a blemish, that would disqualify it as an offering, and it must be sold - for a blemished offering may be redeemed with money, and - an animal for - a peace-offering purchased with the proceeds, and likewise its substitute - if he exchanged it for a nonconsecrated animal afterwards, it assumes its status, i.e., it is not offered, rather it is left to pasture until it becomes disqualified, and it must then be sold, and a peace-offering must be purchased with its proceeds; but if the lost korban pesah is found -

After the slaughtering of the pesah - that has been set aside in its place, then since it was not explicitly rejected from being offered, because it was not available at the time of the slaughtering, which is the time that determines its status as a korban pesah, therefore - it - itself is offered - as - a peace-offering, and likewise its substitute - if he exchanged it with a nonconcecrated animal, the latter also is offered as a peace-offering. The Gemara states that according to the statement of Rabbi Akiva, the halakhah in this mishnah could have been applied to the original korban pesah itself, i.e., that there is a korban pesah that is offered and there is a korban pesah that is not offered. The mishnah, however, taught the halakhah regarding the exchange, in order to teach, at the same time, that there also is a substitute for a korban pesah that is not offered, and we do not say, lehathilah, that it is a peace-offering (see Rashi and Tosafot, Pes. 96b).

PESACHIM: CHAPTER 9 : MISHNA 7

If one sets aside a female for his korban pesah, or a male in its second year, it must be left to pasture until it becomes disqualified, and be sold and its money must be used for a donative offering. If one set aside his korban pesah and he died, his son after him may not bring it as a korban pesah, but rather as a peace-offering.

Kehati

Only a male yearling may be brought as a korban pesah, as it is written, "Your lamb shall be without blemish, a male of the first year" (Ex. 12:5). This mishnah discusses one who brings a female lamb or a male in its second year.

If one sets aside for his korban pesah, or a male in its second year - which are not fit to be a korban pesah, as mentioned above, it must be left to pasture until it becomes disqualified - until it develops a blemish, and be sold and its money must be used for a donative offering - its money is deposited in a box in the Temple, the proceeds from which were used by the Court to purchase donative burnt offerings (see Shek. 6:6). Rashi's version reads "and he must bring a peace-offering with its proceeds." Ramam, however, rules: "it shall be left to pasture until it develops a blemish, and be sold, and he must bring a korban pesah with its proceeds. And if it did not develop a blemish until he offered his korban pesah, he brings a peace-offering with its proceeds" (Hil. Korban Pesah 4:4; see the commentaries on Rambam, ad loc.).

If one set aside his korban pesah - and no one else was subscribed for it, and he died - and as a result the korban pesah is ownerless, his son after him may not bring it as a korban pesah - since he was not subscribed for it together with his father, but rather for a peace-offering - for it is considered a korban pesah that cannot be offered and is a peace-offering. If, however, his son was subscribed for it together with his father, then he may bring it as a korban pesah. This is so if the father died on the fourteenth, after noon; and the obligation of the korban pesah took effect before he became an onen. If, however, the father died before noon, then since the son became an onen before the obligation of the korban pesah took effect, he is deferred until Pesah Sheni (Gemara; Rambam, Hil. Korban Pesah 4:5).

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