PESACHIM 6-10 - 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.

[6a - 45 lines; 6b - 55 lines]

1)[line 3]וכי איתיה הדר בעיניהKI ISEI HADAR B'EINEI- when the Chametz is intact, it itself is returned to its owner (and therefore never left its owner's domain)

2)[line 5]ארנונאARNONA- tax (the king took one tenth of all animals and grain)


(a)Every first-born male offspring of an ox, goat or sheep is Kadosh when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for he who owns the animal to sanctify it by verbally declaring it to have the Kedushah of a Bechor, similar to the way in which one is Makdish a Korban (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

(b)If the animal is unblemished, the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, it may be eaten in Yerushalayim during the following two days and the intervening night.

(c)If the animal has or develops a Mum, it becomes the property of the Kohen and it is slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen may give it away or sell it - even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner, nor may it be redeemed with money.

(d)When there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit. (Sefer ha'Chinuch #393, #445)

(e)If a Nochri owns any part of a Bechor, no Kedushah rests upon it, as the verse states, "Li Kol Bechor b'Yisrael" (Bamidbar 3:13). The question in our Gemara is: if one-tenth of the animals in a flock must be given to the king for tax purposes, does that render one-tenth of any given animal the property of the king, thereby preventing all of the animals from receiving the Kedushah of Bechor?

4)[line 12]חייבת בחלהCHAYEVES B'CHALAH (CHALAH)

(a)With regard to the Mitzvah of Chalah, the verses state, "... b'Vo'achem El ha'Aretz... Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I shall bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this (to the Kohanim)]" (Bamidbar 15:18-20).

(b)When a person makes dough from one of the five species of grain (wheat, barley, oats, rye, or spelt), he must separate a small portion which must be given to the Kohen before he may eat from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah applies to a volume of dough made with at least 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). One who makes a dough that is approximately half of that size must separate Chalah without a Berachah.) A professional baker must separate 1/48 of his dough as Chalah, while one who bakes bread for his or her own household must separate 1/24. If one did not separate Chalah from his dough before it was baked, it must be separated after it is baked before the bread may be consumed. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to receive the punishments of Malkus and Misah b'Yedei Shamayim (Makos 13a).

(c)Chalah has the same status of Terumah; it may be eaten by Kohanim and their families, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to receive Malkus and Misah b'Yedei Shamayim. (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6)

(d)If a Nochri owns any part of the dough, no Chalah need be taken, as the verse states, "Arisoseichem" - "your dough."

5)[line 14]עיסה לית לה קלאISAH LEIS LEI KALA- lit. dough has no voice; i.e. people are not aware that this dough is intended for the payment of a tax, and therefore one who sees the owner of the dough eating from it without first separating Chalah will suspect him of eating from Tavul l'Chalah. According to this version, Rava is explaining that the Beraisa which stated that that which is intended for tax purposes is obligated was in reference to Chalah and not Bechor.

6)[line 21]יחד לו ביתYICHED LO BAYIS- if one designated a house for the Nochri's exclusive use (a) without accepting responsibility for the Chametz left there (RASHI); (b) even if he accepted responsibility for the Chametz left there (TOSFOS DH Yiched)

7)[line 25]אף במקום שאמרו להשכיר...AF B'MAKOM SHE'AMRU L'HASKIR...- The Mishnah in Avodah Zarah states that one may not rent a house to a Nochri in Eretz Yisrael, but that one may do so in Chutz la'Aretz. The next Mishnah clarifies this allowance; even in Chutz la'Aretz, one may not do so if the Nochri plans on living there.

8)[line 31]כופה עליו את הכליKOFEH ALAV ES HA'KLI- he should overturn a vessel upon it. Since one has already nullified all Chametz in his possession, he does not transgress the biblical prohibitions of Bal Yera'eh/Bal Yimatzei (see Background to 2:1). The reason why one must overturn the vessel upon the Chametz he finds is so that he does not come to mistakenly eat it. He cannot simply remove it, since - as it is not fit for any use on Pesach - it is Muktzah.

9)[lien 33]מחיצה עשרה טפחיםMECHITZAH ASARAH TEFACHIM- Overturning a vessel upon Chametz is not a long-term solution (suitable for all seven days of Pesach), as the vessel will be removed when it is needed.

10a)[line 34]המפרשHA'MEFARESH- one who travels by boat

b)[line 34]והיוצא בשייראHA'YOTZEI B'SHAYARA- one who travels by caravan

11)[line 36]שדעתו לחזורDA'ATO LACHZOR- his intention is to return [on Pesach]

12)[line 41]אוצרOTZAR- a storage house [for straw]. Rava is referring to a case where there is Chametz buried underneath the straw. The Gemara (8a) says that if Chametz is buried under rubble it is as if it is destroyed (and one need not dig it out in order to destroy it).

13)[line 42]לפנותוL'FANOSO- to clear it out [on Pesach]


14)[line 2]פסח שניPESACH SHENI

(a)The Torah states, "Any man who is Tamei Mes, or who is far away... [who wishes to] make a Pesach for HaSh-m. In the second month, on the fourteenth day in the afternoon they shall make it; together with Matzah and Maror they shall eat it" (Bamidbar 9:10-11).

(b)The Gemara explains that this verse refers not only to one who was Tamei with Tum'as Mes, but also to one who cannot eat a Korban Pesach due to Tum'ah of any kind. The Gemara defines one who is "far away" as one who is more than fifteen Mil away from the walls of Yerushalayim on midday of Erev Pesach. The Gemara concludes that the Halachah of Pesach Sheni applies to almost anyone who is unable to offer the Korban Pesach on Pesach Rishon (the fourteenth of Nisan; see Pesachim 93a-b).

(c)If either all Kohanim, the Klei Shares (vessels in the Beis ha'Mikdash), or the majority of the Jewish people are Tamei Tum'as Mes on the fourteenth day of Nisan, then the Korban Pesach is brought in its proper time b'Tum'ah. If there are Kohanim Tehorim and vessels available and only a minority of Klal Yisrael are Tamei, then those who are Tahor offer it b'Taharah while those who are Tamei bring their Korban on Pesach Sheni.

(d)As the verse states, the Korban Pesach Sheni is offered on the fourteenth of Iyar. There is discussion among the commentaries whether the Pesach Sheni should be offered specifically after the afternoon Korban Tamid, or whether it may be offered even before the Korban Tamid. (See Tosfos to Yoma 29a, DH Ela, and Sha'ar ha'Melech 3:9.)

15)[line 11]ירחאYARCHA- month

16)[line 29]כלל ופרט אין בכלל אלא מה שבפרטKLAL U'FRAT EIN B'CHLAL ELA MAH SHEB'FRAT

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is Klal u'Frat Ein b'Chlal Ela Mah sheb'Frat.

(b)This rule states that when the Torah records a Halachah using a generalization, and then follows that generalization with a specific case or instance wherein that Halachah applies, then the latter expression is accepted as primary, and the Halachah is applicable only in that specific case or instance.

17)[line 31]פרט וכלל נעשה כלל מוסף על הפרטPRAT U'CHLAL NA'ASEH KLAL MUSAF AL HA'FRAT

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is Prat u'Chlal Na'aseh Klal Musaf Al ha'Frat.

(b)This rule states that when the Torah records that a certain Halachah applies only in a specific case or instance, and then follows that specific example with a restatement of that same Halachah generally (i.e. unlimited to any specific case), then the latter expression is accepted as primary, and the Halachah is applicable in all cases.

18)[line 39]פירוריןPEIRURUN- crumbs

19)[line 40]כיון דמינטר להו אגב ביתיהKEIVAN D'MINTAR LEHU AGAV BEISEI- since he guards them [automatically] along with [everything else in] his house

20)[line 41]סופי תאניםSOFEI TE'EINIM- figs left on the trees at the end of the season which never fully ripen

21)[line 43]מקשאותMIKSHA'OS- cucumber plots

22)[line 43]מדלעותMIDLA'OS- gourd plots

23)[line 48]גלוסקאGELUSKA- a delicate bread made from fine white flour

24)[line 48]ודעתיה עילויהV'DA'ATO ILAVEI- lit. and his mind is on it; that is, he may hesitate to burn it

25)[line 52]ועשאן הכתוב כאילו ברשותוVA'ASA'AN HA'KASUV K'ILU BI'RESHUSAN- and the Torah makes it as if they are in his possession; one incurs penalties as if he is their owner

26)[line 53]בור ברשות הרביםBOR BI'RESHUS HA'RABIM

(a)The Torah details numerous laws relating to damages caused by an individual or his possessions to others or their possessions. These laws define under which circumstances and how much the offender is obligated to pay.

(b)If one digs a pit in a public area and does not cover it properly, the Torah requires him to pay for any damages incurred by an animal who falls in. Although the pit is in neither his domain nor his possession - and although the pit did not initiate an attack but rather the animal walked into it of its own accord - he who dug the pit is responsible for all damages caused by the Bor as if it was in his possession.

(c)The Torah exempts one who digs a pit in Reshus ha'Rabim from paying for damages in certain situations, such as: (1) if utensils fall in and break; (2) if an animal falls in and dies when the pit is less than ten Tefachim deep; (3) if a person falls in and dies, even when the pit is ten Tefachim deep. (Further details of these Halachos can be found in the first chapter of Bava Kama.)