12TH CYCLE DEDICATIONS:
 
PESACHIM 12-15 - 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)

LIKE WHOM IS THE HALACHAH?

(a)

(Rav Nachman citing Rav): The Halachah follows R. Yehudah.

(b)

Question (Rava): You should say that the Halachah follows R. Meir, for a Stam Mishnah is like him!

1.

(Mishnah): As long as it is permitted to eat, one may feed [to Behemos].

(c)

Answer (Rav Nachman): [We prove on Daf 21A that] that Mishnah is not Stam, because it says '[as long as it is] permitted [to eat', as opposed to 'as long as one may eat'], i.e. some people are permitted at the same time that others are forbidden - it is like R. Gamliel, who permits [Kohanim to eat] Terumah and forbids [Yisraelim, who eat only] Chulin in the fifth hour.

(d)

Question (Rava): You should say that the Halachah follows R. Gamliel, for he is the Machri'a (the intermediate opinion - the Halachah follows a Machri'a)!

(e)

Answer #1 (Rav Nachman): He is not a Machri'a, he merely gives his own opinion (the others do not suggest that one could distinguish Terumah from Chulin).

(f)

Answer #2: Rav hold like the following Tana:

1.

(Beraisa - R. Eliezer ben Yehudah citing R. Yehoshua): When the 14th falls on Shabbos (we cannot burn Chametz at the time of Bi'ur), we destroy everything before Shabbos:

i.

We burn Terumah, whether it is Tamei, Taluy (Safek Tamei) or Tahor - we just leave the amount of Tahor Terumah that will be eaten before the fourth hour.

2.

Chachamim: We do not burn Tahor Terumah, perhaps we will find people to eat it! (If not, we will feed it to animals or Mevatel it.)

3.

R. Eliezer: [I say to burn it when] they already sought people to eat it and did not find!

4.

Chachamim: Perhaps they lodged outside the wall [of the city, and they will enter the city on Shabbos]!

5.

R. Eliezer: According to you, we should not burn Taluy - perhaps Eliyahu will come and tell us that it is really Tahor!

6.

Chachamim: [He cannot come today or tomorrow, for] we have a tradition that Eliyahu will not come on Erev Shabbos or Erev Yom Tov, lest people [go to greet him and] be pressed to prepare for Shabbos. (Even though we may not prepare on Shabbos for Yom Tov, he will not come on Shabbos before the time to eat, for this would cause pressure - Tosfos Eruvin.)

7.

At the conclusion of the debate they fixed the Halachah like R. Eliezer.

8.

Suggestion: The Halachah follows him in every respect, even to eat [Terumah only until four hours]!

(g)

Rejection (Rav Papa): No, it was fixed like him only regarding Bi'ur [of Tahor Terumah].

(h)

Also Rebbi holds like Rav Nachman:

1.

(Ravin bar Rav Ada): A case occurred, a man deposited a sack of Chametz by Yochanan Chakuka'ah; mice made holes in it, and Chametz was seeping out. He came to Rebbi [on Erev Pesach, asking what to do (the owner was not around). The first four hours, Rebbi told him to wait (perhaps the owner will come); in the fifth hour, he told him to sell it in the market.

2.

Suggestion: He told him to sell it to Nochrim, like R. Yehudah [who forbids eating in the fifth hour]!

(i)

Rejection (Rav Yosef): No, he told him to sell it to Yisraelim, like R. Meir [who permits eating in the fifth hour - he did not say to wait until the end of the fifth hour, for then it will be hard to sell].

(j)

Question (Abaye): If it is like R. Meir, why must he sell it to [other] Yisraelim - he could buy it himself!

(k)

Answer: One should never do so, on account of suspicion [that he buys it for less than its value]:

1.

(Beraisa): If collectors of Tzedakah have no poor people to give to, they may exchange the [copper] coins with other people [for silver coins, which do not rust], they may not exchange with their own money;

2.

If collectors of the Tamchuy (food for the poor of the city) have no poor people to give to, they may sell the food to other people, they may not buy it themselves, for it says "Vi'Hyisem Nekiyim me'Hashem umi'Yisrael."

(l)

Rav Ada bar Masnah (to Rav Yosef): You explicitly told us that he told him to sell it to Nochrim, like R. Yehudah! (Rav Yosef fell sick and forgot his learning.)

(m)

(Rav Yosef): Rebbi [told Yochanan Chakuka'ah to sell the Chametz in the market] - he holds like R. Shimon ben Gamliel:

1.

(Mishnah): If Reuven deposited produce by Shimon, even if it is rotting, Shimon should leave it;

2.

R. Shimon ben Gamliel says, he should sell it in front of Beis Din - this is like returning a lost object.

(n)

Objection (Abaye): R. Yochanan taught that this is only when the loss [due to rotting] is within the specified amount [in the Mishnah Bava Metzi'a 40A] - if the loss exceeds this, all agree that Shimon should sell it in Beis Din;

13b----------------------------------------13b

1.

All the more so here, where the Chametz will become totally worthless [he will have to destroy it, all agree that he should sell it]!

2)

THE LOAVES USED FOR A SIGN

(a)

(Mishnah): R. Yehudah said further, that two loaves...

(b)

(A reciter of Beraisos): They are on the Gav (top) of the bench.

(c)

Objection (Rav Yehudah): We do not want to hide them (the whole point is for everyone to see them)!

(d)

Correction: They are on the Gag of the bench (a roof over it).

1.

(Rachbah citing Rav Yehudah): Har ha'Bayis was surrounded by a double Stav (two rings of benches), one inside the other.

2.

Support (Beraisa): Har ha'Bayis was surrounded by a double Stav, one inside the other;

3.

R. Yehudah says, it was called Istavanis for this reason.

(e)

(Mishnah): Pasul loaves [of a Todah...]

(f)

Question: Why do we assume that there will be Pasul loaves?

(g)

Answer (R. Chanina): Since [as we will explain] many people bring Todah on the 13th [and 40 loaves accompany each,] some loaves become Nosar (not eaten in time), which is Pasul.

1.

(Beraisa): One may not bring Todah during Pesach because Chametz must be brought with it.

2.

Objection: This is obvious!

3.

Answer (Rav Ada bar Ahavah): The Beraisa forbids bringing it on Erev Pesach - the Tana holds that Ein Mevi'im Kodshim l'Beis ha'Pesul (we may not bring Kodshim in a way or time that puts extra restrictions on the time, place or people permitted to eat them, for this can cause them to become Nosar - e.g. Todah may be eaten until dawn, but if it is brought on Erev Pesach, the Chametz is forbidden after midday.)

4.

(Surely, many people arrive in Yerushalayim shortly before Pesach; the 13th is the last day to bring Todah until after Pesach. Among those obligated to bring Todah are people who crossed the sea.)

(h)

(R. Yanai): Kosher loaves were used.

(i)

Question: Why are they called Pesulos?

(j)

Answer #1: The animal was not slaughtered.

(k)

Question: They should slaughter it!

(l)

Answer: The case is, it was lost.

(m)

Question: They should slaughter another animal to be a Todah with the bread!

(n)

Answer: The case is, he had said 'this is a Todah and these are its breads' - this is like Rava:

1.

(Rava): If one said 'This is a Todah, this is its bread':

i.

If the bread was lost, he brings other bread in its place;

ii.

If the Todah was lost, he may not bring another Todah with the bread (the bread must be burned.)

2.

Question: What is the reason?

3.

Answer: The bread is Gelal (on account of, i.e. secondary to) the Todah, but not vice-versa.

(o)

Objection: If the Todah was not slaughtered, we [can and] should redeem the bread [rather than allowing it to be Pasul]!

(p)

Answer #2: Rather, the Todah was slaughtered - the case is, its blood spilled (Tosfos - so many Todos are brought that day that this is sure to happen);

1.

Our Mishnah is like Rebbi, who says that if either one of two Matirim (things that permit others, e.g. slaughter and Zerikah (throwing the blood on the Mizbe'ach) permit the bread) was offered, it is [partially] Mekadesh.

2.

(Beraisa - Rebbi): The two lambs [offered with Shtei ha'Lechem on Shavu'os] are Mekadesh the bread only through slaughter:

i.

If they were slaughtered Lishmah and Zerikah was Lishmah, they are Mekadesh the bread;

ii.

If slaughter was Lo Lishmah and Zerikah was (Tosfos - Lishmah or) Lo Lishmah, they are not Mekadesh;

iii.

If slaughter was Lishmah and Zerikah was Lo Lishmah, the bread is Kadosh (it cannot be redeemed) and not Kadosh (it may not be eaten);

3.

R. Elazar b'Rebbi Shimon says, it is not Kadosh [at all] unless slaughter and Zerikah were both Lishmah.

(q)

Rejection: It is even like R. Elazar b'Rebbi Shimon [who says that one Matir does not Mekadesh at all] - the case is, the blood was caught properly in a Keli, then it spilled;

1.

R. Elazar holds like his father, who says that since the blood was ready for Zerikah, [in some respects] it is as if Zerikah was done.

(r)

(Beraisa - R. Elazar): Kosher loaves were used;

1.

As long as both are there, everyone may eat;

2.

When one is removed, we Toleh - we may not eat, but we need not burn;

3.

When the second is removed, everyone starts to burn;

(s)

(Beraisa - Aba Sha'ul): They had two cows plowing in Har ha'Mishchah for a sign;

1.

As long as both are plowing, everyone may eat;

2.

When one is removed, we Toleh - we may not eat, but we need not burn;

3.

When the second is removed, everyone starts to burn.

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