12TH CYCLE DEDICATIONS:
 
PESACHIM 2-5 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the sixth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Rebbi Morton Weiner) Z'L, who passed away 18 Teves 5760. May the merit of supporting and advancing Dafyomi study, which was so important to him, during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

THE SOURCE TO FORBID CHAMETZ ON EREV PESACH

(a)

Suggestion: Perhaps "Ach ba'Yom ha'Rishon" obligates Bi'ur on the night of (i.e. that begins) the 15th, and teaches that the nights are forbidden - otherwise, one might have learned from "Shiv'as Yomim" that only the days are forbidden!

(b)

Rejection: The verse is not needed for this!

1.

Getting rid of Se'or is equated to eating Chametz [regarding the time that they apply] - "Shiv'as Yomim Se'or Lo Yimatzei b'Vateichem Ki Kol Ochel Machmetzes v'Nichresah;"

2.

Eating Chametz is equated to eating Matzah - "Kol Machmetzes Lo Sochelu b'Chol Moshvoseichem Tochlu Matzos;"

3.

The Mitzvah to eat Matzah applies at night - "Ba'Erev Tochlu Matzos"

(c)

Suggestion: Perhaps "Ach ba'Yom ha'Rishon" obligates Bi'ur on the night of the 14th!

(d)

Rejection: It says "Ba'Yom."

(e)

Suggestion: Perhaps it applies in the morning!

(f)

Rejection: "Ach" limits (Bi'ur does not apply to the entire day - it is reasonable to assume that it applies to half).

(g)

Answer #2 (to Question 4:c, 4B - d'vei R. Yishmael - Beraisa): We find that the 14th is called Rishon - "Ba'Rishon b'Arba'ah Asar Yom la'Chodesh."

(h)

Answer #3 (Rav Nachman bar Yitzchak): "Rishon" connotes from before - "Ha'Rishon Adam Tivaled."

(i)

Question: Will you say that "U'Lkachtem Lachem ba'Yom ha'Rishon" likewise means [to take an Esrog, Lulav...] the day before [Sukos]?!

(j)

Answer: There is different - the verse continues "...U'Smachtem...Shiv'as Yomim," just like Shiv'ah refers to the seventh day counting from the first day, also Rishon refers to the first day.

(k)

Question: Here also the verse "Ach ba'Yom ha'Rishon Tashbisu" begins "Shiv'as Yomim Matzos Tochelu"!

(l)

Answer: If it meant the first day it would say 'Rishon' - rather, it says "ha'Rishon" to denote the previous day.

(m)

Question #1: Also regarding Esrog it says ha'Rishon! (This will be answered later.)

(n)

Question #2: Regarding Sukos it says Ba'Yom ha'Rishon Shaboson uva'Yom ha'Shmini Shaboson - will you say that the day before Sukos is Yom Tov?!

(o)

Answer (to Question #2): There is different - since "Uva'Yom ha'Shmini" refers to the eighth day counting from the first, also Rishon refers to the first day.

(p)

Question: Why does it say [regarding Yom Tov of Sukos] "ha'Rishon"?

(q)

Answer #1: This excludes Chol ha'Mo'ed [it is not called Shaboson].

1.

Question: Since it says Rishon and Shemini, we already know that the days in between are excluded!

2.

Answer: Since it says "Uva'Yom ha'Shmini," we would have expounded the 'Vov' to add to the previous matter [and include the days in between] - therefore "ha'Rishon": is needed to exclude Chol ha'Mo'ed.

3.

Objection #1: The Torah should have written 'va'Yom ha'Shmini' without a Vov, and it would not need the Hei in "ha'Rishon!"

4.

Objection #2: It says "Ba'Yom ha'Rishon Mikra Kodesh Yihyeh Lachem" - will you say that the day before Sukos is Yom Tov?!

(r)

Answer #2: "Ha'Rishon" [regarding Bi'ur, Esrog and Yom Tov] teaches like Tana d'vei R. Yishmael:

1.

(Tana d'vei R. Yishmael): In the merit of these three [Mitzvos (Bi'ur Chametz, Esrog, and Yom Tov) regarding which it says] Rishon, Yisrael merited three [things about which it says] Rishon:

i.

To wipe out the seed of Esav, about whom it says "Va'Yetzei ha'Rishon Admoni" (Maharsha - The Sar of Esav is the Yetzer ha'Ra, the 'Se'or' that sours people);

ii.

To build the Beis ha'Mikdash, which is called "Kisei Chavod Marom me'Rishon Mekom Mikdashenu."

iii.

The name of Moshi'ach, who is called "Rishon l'Tziyon" (Maharsha - his name is Menachem, he will console us).

2)

THE SOURCE TO FORBID CHAMETZ ON EREV PESACH

(a)

Answer #4 (to Question 4:c, 4B - Rava): "Lo Sishchat Al Chametz Dam Zivchi" - do not slaughter Pesach while you still have Chametz.

(b)

Question: Perhaps every individual must get rid of his Chametz before he slaughters [but there is not a fixed time for everyone]!

(c)

Answer: Surely, it is [the same time for everyone,] the [earliest] time to slaughter Pesach.

(d)

Support (and Answers #5 and #6 - Beraisa - R. Yishmael): "Ach ba'Yom ha'Rishon Tashbisu" - this refers to Erev Pesach;

1.

Suggestion: Perhaps it is on Yom Tov itself!

2.

Rejection: "Lo Sishchat Al Chametz Dam Zivchi" - do not slaughter Pesach while you still have Chametz.

3.

R. Akiva says, we need not learn from there - it says "Ach ba'Yom ha'Rishon Tashbisu" and "Kol Melachah Lo Ye'aseh" [on Yom Tov] - burning is an Av Melachah (it is permitted on Yom Tov only for preparation of food).

4.

R. Yosi says, we need not learn from there - it says "Ach ba'Yom ha'Rishon Tashbisu" - from Erev Yom Tov;

5.

Suggestion: Perhaps it is on Yom Tov itself!

6.

Rejection: "Ach" divides - we cannot say that part of Yom Tov is permitted:

i.

Getting rid of Se'or is equated to eating Chametz, and eating Chametz is equated to eating Matzah [which applies from nightfall].

5b----------------------------------------5b

(e)

(Rava): We learn three things from R. Akiva:

1.

[He holds that] Bi'ur (getting rid of ) Chametz must be through burning [like R. Yehudah (21A)];

2.

[A verse forbids all Melachos on Shabbos; another verse specifically forbids burning - "Lo Seva'aru Esh...b'Yom ha'Shabbos";] R. Akiva holds that this verse is Mechalek (is Mechayev for each Av Melachah by itself. See note 8 in Appendix.)

3.

[He holds that] we do not say 'Ho'il' (since) it is permitted to burn on Yom Tov for the sake of food, it is permitted for all needs of the day.

3)

WHOSE CHAMETZ IS FORBIDDEN AND WHERE

(a)

(Beraisa) Question: What do we learn from "Shiv'as Yomim Se'or Lo Yimatzei b'Vateichem"? It already says "V'Lo Yera'eh Lecha Se'or v'Lo Yera'eh Lecha Chametz"!

(b)

Answer: It says "V'Lo Yera'eh Lecha," but you may see Chametz of others (Nochrim) or of Hekdesh (Tosfos ha'Rashba - we learn from Bechoros that Hekdesh is not considered Re'ehu, therefore one Mi'ut excludes Nochrim and Hekdesh);

1.

One might have thought that you may hide [your own] Chametz (you will not see it) or take deposits of Chametz from a Nochri - "Lo Yimatzei" forbids these (they are found by you).

2.

Suggestion: Perhaps this applies only to a Nochri who is not under your control and does not live with you in the Chatzer, but not to a Nochri that is under your control and lives with you in the Chatzer (this will be explained)!

3.

Rejection: "Lo Yimatzei b'Vateichem."

4.

Suggestion: Perhaps it is forbidden only in your house, but not in pits and caves!

5.

Rejection: It says "B'Chol Gevulecha."

6.

Question: This teaches that these Isurim - Bal Yera'eh, Bal Yimatzei, hiding and taking deposits of Chametz - apply in your house, and that you may not see Lecha (your Chametz) b'Chol Gevulecha (in all your property) - what is the source that everything learned from one verse also applies to the other?

7.

Answer: There is a Gezerah Shavah "Se'or-Se'or":

i.

Se'or is written regarding houses ("Se'or Lo Yimatzei b'Vateichem") and regarding all your property ("v'Lo Yera'eh Lecha Se'or b'Chol Gevulecha") - just like Bal Yera'eh, Bal Yimatzei, hiding and taking deposits apply in your house, also in all your property;

ii.

Just like in your property you may not see your Chametz, but you may see Chametz of others or of Hekdesh, the same applies to in your house.

(c)

(Beraisa) Suggestion: Perhaps this [Isur to take deposits from a Nochri] applies only to a Nochri who is not under your control and does not live with you in the Chatzer, but not to one who is under your control who lives with you in the Chatzer!

(d)

Rejection: "Lo Yimatzei."

(e)

Question: Just the contrary! (If he is under your control all the more so it is forbidden! Rashi - it is like your Chametz; R. Chananel - you could prevent him from having it.)

(f)

Answer #1 (Abaye): Rather, we must reverse it (perhaps this applies only to a Nochri under your control and with you in the Chatzer... Lo Yimatzei forbids even if he is not under your control and with you in the Chatzer).

(g)

Answer #2 (Rava): We need not reverse it - this clause refers to the Reisha, you may see Chametz of others (Nochrim) or of Hekdesh;

1.

Suggestion: Perhaps this applies only to a Nochri who is not under your control and with you in the Chatzer, but not to one who is under your control and with you in the Chatzer!

2.

Rejection: "Lo Yimatzei b'Vateichem."

(h)

Question: The Tana seeks to prove that it is permitted, yet he bring a verse that forbids!

(i)

Answer: It says "Lecha" twice [regarding "v'Lo Yera'eh Lecha Se'or" - Shemos 13:7 and Devarim 16:4, we consider it as if one of them was written regarding Lo Yimatzei, i.e. Lo Yimatzei Lecha; even though you are frequent there, since it is not yours it is permitted. "V'Lo Yera'eh Lecha Chametz" is not extra, since we could not learn Chametz or Se'or from the other.]

(j)

(Beraisa) Suggestion: Perhaps one may hide [his own] Chametz or take deposits of Chametz from a Nochri!

(k)

Rejection: "Lo Yimatzei" forbids these.

(l)

Question: We expounded that you may not see your own Chametz, but you may see of others or of Hekdesh!

(m)

Answer: It is permitted only if the Yisrael does not accept Acharayos (responsibility to pay if it is lost or stolen):

1.

Rava (to people of his city, who were compelled to prepare bread for soldiers; R. Chananel - the soldiers supplied the flour): Destroy Chametz that you prepared for the soldiers - since if it would be stolen or lost you would have to replace it, it is like yours and it is forbidden.

(n)

Version #1 - Question: We understand this according to the opinion that Davar ha'Gorem l'Mamon (something which is not a person's property or is forbidden now, but later it will save him money or be permitted) k'Mamon Dami (is considered like his property) - but according to the opinion that it is not like his property, how can we answer?

(o)

Answer: Here is different, for it says "Lo Yimatzei" (in any case).

(p)

Version #2 - Question: According to the opinion that Gorem l'Mamon Lav k'Mamon we understand why it says "Lo Yimatzei" - but according to the opinion that k'Mamon Dami, why is this needed?

(q)

Answer: It is needed - one might have thought that since if it is intact it returns to the owner, it is not considered to belong to the Shomer (watchman) - the verse teaches that this is not so.

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