1)

WHEN DO WE PERMIT MATZAH ASHIRAH? [Matzah: Ashirah]

(a)

Gemara

1.

(Beraisa - R. Yosi ha'Galili): "Asher Takrivu" includes Minchas Nesachim. (One may not ferment it);

2.

Question: Minchas Nesachim is kneaded only with oil. Flour with Mei Peros will never ferment!

3.

Answer (Reish Lakish): R. Yosi ha'Galili holds that one may knead Minchas Nesachim (also) with water, and it is Kosher.

4.

Pesachim 35a (Reish Lakish): One is not Chayav Kares for a dough kneaded with wine, oil or honey.

5.

(Rav Idi bar Avin) This is because Mei Peiros do not ferment.

6.

36a (Beraisa: - R. Akiva): "Lechem Oni" excludes a dough kneaded with wine, oil or honey.

7.

Question: R. Akiva permits this!

i.

36a (Beraisa): During Pesach, one may not knead a dough with wine, oil or honey;

ii.

R. Shimon ben Gamliel says, if one did so, one must burn it immediately.

iii.

Chachamim say, it may be eaten (if it was baked promptly).

iv.

R. Akiva says, I once made a dough for R. Eliezer and R. Yehoshua (during Pesach) with wine, oil and honey, and they did not comment.

v.

Even though one may not knead with them, one may smear the dough after it is arranged into loaves. This is according to the first Tana

vi.

Chachamim say, one may smear only with things with which one may knead.

8.

Answer: He disqualifies it on the first night (when one must eat "Lechem Oni"), and permits on the second day (the rest of Pesach - he is not concerned for Chimutz);

i.

R. Yehoshua (to his children): Do not knead for me with milk on the first day.Afterwards, you may do so.

ii.

Objection (Beraisa): We may not knead a dough with milk. If this was done, all the bread is forbidden, lest it be eaten with meat.

iii.

Answer #1: Rather, he told them not to knead with honey on the first day, but afterwards they may.

iv.

Answer #2: Really, he allowed to knead with milk after the first day, like Ravina taught, that a small amount is permitted..

(b)

Rishonim

1.

Rif (Pesachim 10a): Presumably, the Halachah follows R. Akiva regarding the first day, for we require Lechem Oni. On the second day it is permitted, for R. Yehoshua ben Levi holds like him. He told his children not to knead with milk on the first day, but afterwards, they may. Surely, the Beraisa discusses oil with water.

2.

Rosh (Pesachim 2:13): 'On Yom Sheni' means after the first night. The Rif holds that Mei Peiros do not ferment even with water. I agree with those who rule like Chachamim. The case of R. Yehoshua ben Levi was without water. It proves only that we distinguish between the first day and afterwards.

3.

Rambam (Hilchos Chametz 5:20): One may knead with oil, honey and milk, or smear with them. On the first day one may use only water. This is not due to Chametz, rather, so it will be Lechem Oni.

4.

Rambam (6:5): If Matzah was kneaded with Mei Peros, one is Yotzei with it during Pesach. One may not knead with oil, honey and milk, due to Lechem Oni. If he did, he was not Yotzei.

i.

Magid Mishneh: The Rambam learns from the Beraisa that excludes a dough kneaded with wine, oil or honey. Only these are excluded, and also milk, which is mentioned in the case of R. Yehoshua ben Levi. One is Yotzei with other liquids. The Beraisa did not exclude kneading with liquids! Some say that one is Yotzei with Matzah kneaded with wine, oil or honey only if water was added, for then one must guard them from Chametz. One is not Yotzei with something that could not have become Chametz. This is correct.

ii.

Beis Yosef (OC 462 DH v'Adayin): In Perek 5, the Rambam said that for the first night, one may knead and smear only with water! Perhaps other liquids are forbidden l'Chatchilah, but b'Di'eved one is Yotzei. Alternatively, in Perek 5 he said 'only with water' to exclude the other liquids mentioned, i.e. wine, oil, honey and milk. I did not see any other Posek distinguish these liquids from all others. They permit only water.

5.

Rosh (2:13) and Ran (DH Nistapek): Rashi was unsure whether a dough kneaded with eggs is like one kneaded with Mei Peros. We see that such a dough is thicker than one kneaded with water. R. Tam knew that it is permitted, and he would eat it on Erev Pesach, after four hours of the day (when one may not eat Chametz). Even though the Yerushalmi equates Matzah on Erev Pesach to Bi'ah with one's betrothed in her father's house (mid'Rabanan, she is forbidden like a Nidah), that refers to Matzah with which one could fulfill the Matzah. This is Matzah Ashirah.

i.

Ran (DH Isah): Rashi explains that we discuss a dough kneaded with wine, oil or honey without water. There is no Kares because it is not (full) Chametz, but it is Chametz Nuksheh. The Beraisa on 36a says that it must be burned. Rabanan permit eating it only if one can guard it from Chimutz, like other doughs. Normally, they agree that it ferments. The Gemara later connotes that it does not ferment. It permits l'Chatchilah Vatika with oil and salt, two ears roasted together, and grain parched in a jug even if the mouth faces up, because Mei Peros do not ferment. Therefore, R. Tam explains that Mei Peros by themselves do not ferment; this is permitted. When there is also water, it becomes Chametz Nuksheh quickly. This is why the Beraisa says that one must burn it immediately. If Minchas Nesachim is kneaded only with oil, it will never ferment (Menachos 57a), i.e. it will not become even Chametz Nuksheh! If R. Meir holds that it is Chametz Nuksheh even without water, what forced Reish Lakish to answer that R. Yosi ha'Galili permits kneading Minchas Nesachim with water? The Gemara disqualifies Chametz Nuksheh for Menachos! Rather, without water it is not even Chametz Nuksheh.

(c)

Poskim

1.

Shulchan Aruch (OC 462:1): Mei Peros without water do not ferment at all. During Pesach one may eat Matzah kneaded with Mei Peros, even if it delayed the entire day (before it was baked). However, one is not Yotzei with it because it is Matzah Ashirah, and the verse says '"Lechem Oni."

2.

Shulchan Aruch (3): One may knead with wine, even though a drop of water definitely fell in (with the grapes) at the time of harvesting, and l'Chatchilah people often add water at the time of harvesting in order to permit Nitzuk (a flow; see the Magen Avraham below). We are not concerned for this, since the water is Batel in the wine before the dough was kneaded.

i.

Beis Yosef (DH v'Chasvu): This is from Hagahos Maimoniyos citing Semag.

ii.

Magen Avraham (2): When one pours wine into a Nochri's Kli wet (from Yayin Nesech), the flow connects and forbids what remains in the top Kli. If water was added in the top Kli, it is Mevatel the Yayin Nesech.

iii.

Bedek ha'Bayis: The Tashbatz' son said that raisin wine (which is made by soaking raisins in water) is like standard grape wine. It does not ferment. Soaking changed the nature of the water, just like rainwater that (irrigated a vine and) became part of a grape changed and does not ferment.

iv.

Magen Avraham (3): If any amount of water was mixed with the Mei Peros at the time of kneading, it is forbidden.

v.

Mishnah Berurah (10): Most Acharonim agree that normally, Bitul does not help when water was mixed with Mei Peros. Even a small amount of water changes the nature of the Mei Peros, and it can ferment faster than pure water. Here, the water was added before the wine was finished, while it was still grape juice. Afterwards, the wine fermented, and also the water became wine. If water was added after it fermented, surely the wine is not considered Mei Peros.

vi.

Mishnah Berurah (11): Most Acharonim hold that water is Batel only while the grape juice is fermenting. If so, the Shulchan Aruch, which says that the water is Batel in the wine before the dough was kneaded, is not precise. Acharonim say that even though raisin wine and raisin honey are made through water, since the taste totally changed, they are like Mei Peros without water. This is after they are finished fermenting. If the raisins are less than one part in six of the water, surely this is like Mei Peros with water. A Ba'al Nefesh should not eat Matzah made with it on Pesach. He may sell it or eat it after Pesach.

vii.

Bi'ur Halachah (DH Ho'il): Some Acharonim explain the Shulchan Aruch simply, that a minority of water is Batel in proper (finished) wine. It is not Batel only if it was mixed at the time of kneading. Then, Bitul does not apply, for they act to ferment the dough before the wine is Mevatel the water. Even though most Acharonim disagree, one may rely on the former to permit kneading l'Chatchilah and to guard from Chimutz like a regular dough. The Rif and Rambam permit this even when the majority is water. We may rely on them when the minority is water, and it is Batel (according to the Acharonim who hold like the simple reading of the Shulchan Aruch).

3.

Shulchan Aruch (4): Eggs and all other liquids are included in Mei Peros.

i.

Beis Yosef (DH u'Mah she'Chosav u'Mei): Rashi was unsure if eggs ferment. R. Tam permitted. The custom is to permit.

ii.

Gra (DH Mei): The Tosefta and Yerushalmi say that all liquids are Mei Peros. Rashi was unsure. The primary opinion is that since eggs are not water based, they do not ferment. A proof (that they are Mei Peros) is that they are not Machshir (Sanhedrin 5b).

iii.

Mishnah Berurah (12): One might have thought that eggs are worse, for they cause the dough to rise. Really, it is not Chimutz.

iv.

Beis Yosef (DH u'Matzasi): Kol Bo says that milk is not Mei Peros, and it ferments. This is astounding. R. Yehoshua ben Levi told his children to knead for him with milk after the first day! In one version this was rejected, but not due to Chametz! All Poskim say that milk is like Mei Peros.

4.

Rema (4): In these lands, our custom is not to knead with Mei Peros. Even to smear the Matzah with Mei Peros we do only after it is baked while it is still warm.

i.

Mishnah Berurah (15): L'Chatchilah we are concerned for the Poskim who say that Mei Peros by themselves ferment quickly. Also, we are concerned lest a little water became mixed with them. Then, all agree that they ferment.

ii.

Kaf ha'Chayim (40): The Levush says that also, we are concerned lest people come to eat such Matzah on the first night.

iii.

Mishnah Berurah (17): Acharonim say that for the first nights one should not use Matzah smeared with Mei Peros even after it was baked and was still warm, especially if it was returned to the oven, for this is like Matzah Ashirah.

iv.

Mishnah Berurah (8): One is not Yotzei the Mitzvah if there is even a little Mei Peros and he tastes them. Even if it was kneaded only with water, and some Mei Peros were smeared on and it was baked, it is not Lechem Oni.

v.

Kaf ha'Chayim (45): On the first night, the custom is not to smear even after baking, lest one eat Matzah Ashirah for the Mitzvah. We are stringent even for other Matzah eaten on the first days.

vi.

Note: Presumably, this is until the end of the second Seder.

See Also:

OTHER D.A.F. RESOURCES
ON THIS DAF