PESACHIM 96 (20 Tishrei) - Dedicated by Al and Sophia Ziegler of Har Nof, Jerusalem, and their son Jared, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit - and that her grandson Jared may be Zocheh to build a Bayis Ne'eman b'Yisrael with his Kalah!

1)

HETERIM FOR EIMURIM

(a)

Question (Rav Yosef): If a Tamei Mes ate Eimurim of Pesach ha'Ba b'Tumah, what is the law? (Surely he is liable for "V'Chol Zar Lo Yochal Kodesh" - even Kohanim are called Zarim regarding Eimurim (they may not eat them) - is he also liable for eating Kodshim while Tamei?)

1.

Since he is permitted to eat the meat of Pesach b'Tum'ah, the same applies to the Eimurim;

2.

Or, perhaps the Heter applies only to the meat!

(b)

Answer (Rava): We learn about Tum'as Eimurim from Tum'as Basar:

1.

"[Veha'Nefesh Asher Tochal Basar] ...Asher la'Shem" includes Eimurim.

2.

One is liable for eating Eimurim b'Tum'ah only when he is liable for eating the meat b'Tum'ah.

(c)

Question (R. Zeira): Where were Eimurim of Pesach Mitzrayim burned (there was no Mizbe'ach!)?

(d)

Answer (Abaye): Presumably, they were roasted on a spit [and eaten - there was no Isur to eat them. See note in Appendix].

(e)

Support: Rav Yosef taught that there were three [places that served as] Mizbechos - the lintel and the two doorposts;

1.

There was no other [for Haktaras Eimurim]!

2)

DIFFERENCES BETWEEN PESACH MITZRAYIM AND PESACH DOROS

(a)

(Mishnah) Question: What differences are there between Pesach Mitzrayim and Pesach Doros (all future Pesachim)?

(b)

Answer: One had to buy Pesach Mitzrayim on the tenth of Nisan; a bundle of hyssop was used to sprinkle the blood on the lintel and the two doorposts; it was eaten hastily in one night; and Pesach Doros is for seven days (this will be explained).

(c)

(Gemara) Question: What is the source [of the first law]?

(d)

Answer: "...Be'Asor la'Chodesh ha'Zeh va'Yikchu" - Pesach Mitzrayim must be bought on the tenth; Pesach Doros need not be.

(e)

Question: It also says "V'Hayah Lachem l'Mishmeres Ad Arba'ah Asar Yom la'Chodesh ha'Zeh" - you cannot say that only Pesach Mitzrayim must be checked [for blemishes] for four days!

1.

(Beraisa - Ben Bag Bag) Question: What is the source that the Tamid must be checked four days before it is slaughtered?

2.

Answer: We learn from a Gezeirah Shavah - it says [regarding the Tamid] "Tishmeru l'Hakriv Li b'Mo'ado," and it says, "v'Hayah Lachem l'Mishmeres Ad Arba'ah Asar" - just like Pesach must be checked for four days before slaughter, also the Tamid.

(f)

Answer: There is different, for it says "Tishmeru" (we learn from a Gezerah Shavah).

(g)

Also, regarding Pesach Doros [four days are needed, for] it says "V'Ovadta Es ha'Avodah ha'Zos ba'Chodesh ha'Zeh" - this equates all Avodos of Nisan (Pesach Mitzrayim and Pesach Doros).

1.

Rather, that 'ha'Zeh' [in "V'Hayah Lachem l'Mishmeres..."] excludes Pesach Sheni (it need not be checked for four days).

(h)

Question: It says "V'Ochlu Es ha'Basar ba'Laylah ha'Zeh" - you cannot say that only Pesach Mitzrayim is eaten at night!

(i)

Answer: "V'Ovadta Es ha'Avodah..." [equates Pesach Mitzrayim and Pesach Doros].

1.

Question: What do we learn from "ha'Zeh" [in "V'Ochlu Es ha'Basar..."]?

2.

Answer: It teaches like R. Elazar ben Azaryah [that Pesach must be eaten before midnight] or like R. Akiva [that it is not eaten for two nights and a day - Berachos 9A].

(j)

Question: It says "V'Chol Arel Lo Yochal Bo" - will you say that this excludes Pesach Doros?!

(k)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Bo"?

2.

Answer: An Arel may not eat Pesach, but he eats Matzah and Maror.

(l)

Question: It says "Kol Ben Nechar (an apostate) Lo Yochal Bo" - will you say that this excludes Pesach Doros?!

(m)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Bo"?

2.

Answer: A Ben Nechar may not eat Pesach, but he may eat Terumah (some texts - but he eats Matzah and Maror [i.e. if he repents at night] - Tosfos Yevamos 71A (Bo)).

(n)

The Torah needed to write both of these:

1.

Had it said only Arel, we would have thought that he does not eat [Pesach] because he is repulsive, but a Ben Nechar may eat;

2.

Had it said only Ben Nechar, we would have thought that he may not eat because he does not intend to serve Hash-m, but an Arel may eat (e.g. if he does not circumcise on account of danger, e.g. his brothers died through circumcision).

(o)

Question: It says "Toshav v'Sachir (a Ger Toshav or Nochri) Lo Yochal Bo" - will you say that this excludes Pesach Doros?! (See note in Appendix.)

(p)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Bo"?

2.

Apostasy disqualifies from eating Pesach, but it does not disqualify from Terumah.

(q)

Question: It says "U'Maltah Oso Az Yochal Bo" (one who bought an Arel slave for to be an Eved Kena'ani may not eat Pesach until he circumcises him) - will you say that this excludes Pesach Doros?!

(r)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Bo"?

2.

Answer: If Reuven did not circumcise his sons and slaves he is disqualified from Pesach, but not from Terumah.

3)

DIFFERENCES BETWEEN PESACH MITZRAYIM AND PESACH DOROS (cont.)

(a)

Question: It says "V'Etzem Lo Sishberu Vo" - will you say that this excludes Pesach Doros?!

(b)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Vo"?

2.

Answer: It is Asur to break bones of a Kosher Pesach, but not of a Pasul Pesach.

(c)

Question: It says "Al Tochlu Mimenu Na"- will you say that this excludes Pesach Doros?!

(d)

Answer: It says "V'Ovadta."

1.

Question: What do we learn from "Mimenu"?

2.

Answer: This teaches like Rava (it is used for a Gezeirah Shavah forbidding an Arel to eat Ma'aser Sheni).

(e)

(Mishnah): It was eaten hastily in one night.

(f)

Question: What is the source of this?

(g)

Answer: "Va'Achaltem Oso b'Chipazon" - only it is eaten hastily.

(h)

(Mishnah): Pesach Doros is for seven days.

(i)

Question: What does this refer to?

1.

It cannot refer to Korban Pesach - it does not apply for seven days!

96b----------------------------------------96b

(j)

Answer #1: It refers to [the Isur of] Chametz.

(k)

Objection: This implies that the Isur Chametz in Mitzrayim was only one night - but this is not so!

1.

(Beraisa - R. Yosi ha'Gelili) Question: What is the source that Chametz was forbidden only one [full] day during Pesach Mitzrayim?

2.

Answer: It says "V'Lo Ye'achel Chametz; Ha'Yom Atem Yotz'im."

(l)

Answer #2: The Mishnah means as follows:

1.

Pesach Mitzrayim was eaten in one night - the same applies to Pesach Doros;

2.

The Isur Chametz of Pesach Mitzrayim was one day, but that of Pesach Doros is seven days.

4)

WHEN IS TEMURAS PESACH OFFERED?

(a)

(Mishnah - R. Yehoshua): Sometimes Temurah (see note in Appendix) of a Pesach is offered, sometimes it is not - I do not know when it is offered.

(b)

R. Akiva: If a Pesach was [lost, and] found [after another animal was Hukdash in place of it]:

1.

If it was found before slaughter of Pesach (its replacement), it is Ro'eh (grazes) until it gets a Mum, then it is redeemed and Shelamim is bought with the money - [if one made Temurah on it,] the same applies to its Temurah;

2.

If it was found after slaughter, it is offered like a Shelamim - the same applies to its Temurah.

(c)

(Gemara) Question: [Presumably, R. Yehoshua heard like R. Akiva taught, that sometimes the Pesach itself is offered, and sometimes it is not -] why did he ask about the Temurah, and not about Pesach itself?

(d)

Answer: He teaches that there is a Temuras Pesach that is not offered.

(e)

(Rabah): The Mishnah distinguishes between when it was found before or after slaughter;

(f)

(R. Zeira): It distinguishes between when it was found before or after midday [on Erev Pesach].

(g)

Objection: It explicitly says, 'if it was found before slaughter...'!

(h)

Answer: It means, if it was found before the [earliest] time for slaughter.

(i)

Tana'im argue like Rabah and R. Zeira:

1.

(Beraisa): If Pesach was found before slaughter, it is Ro'eh; if it was found after slaughter, it is offered [like a Shelamim];

2.

R. Eliezer says, if it was found before midday, it is Ro'eh; if it was found after midday, it is offered.

(j)

Version #1 (Mishnah): If it was found after slaughter of Pesach, it is offered like a Shelamim (the same applies to its Temurah).

(k)

(Rava): This is only if it was found after slaughter and he made Temurah after slaughter - but if it was found before slaughter and he made Temurah after slaughter, since the Temurah comes from a Kedushah Dechuyah (the Pesach could have been offered, but it was not), it is not offered.

(l)

Question (Abaye - Beraisa): "Im Kesev" includes Temuras Pesach after Pesach - it is offered like Shelamim.

1.

Question: What is the case?

i.

If it was found after slaughter and he made Temurah after slaughter, obviously it is Shelamim [like the Pesach itself] - we would not need a verse for this!

2.

Answer: It was found before slaughter and he made Temurah after slaughter!

(m)

Answer: No - really, it was found after slaughter and he made Temurah after slaughter - the verse is a mere Asmachta.

(n)

Question: What do we [really] learn from the verse?

(o)

Answer (Beraisa): "Kesev" - this includes the tail of a lamb that is a Pesach (it is part of the Eimurim; it is burned on the Mizbeach).

1.

"Im Kesev" includes a Pesach that was not offered within its first year and a Shelamim that comes on account of Pesach (Chagigah of the 14th; alternatively, Temuras Pesach or Mosar Pesach):

i.

They are like Shelamim in all respects, i.e. Semichah, Nesachim, and Tenufah (waving) of the chest and foreleg.

2.

"V'Im Ez" separates, to teach that the tail of a goat is not part of the Eimurim.

(p)

Version #2 (Reisha): If it was found before slaughter of Pesach, it is Ro'eh until it gets a Mum, then it is redeemed and Shelamim is bought with the money - the same applies to its Temurah.

(q)

(Rava): This is only if it was found before slaughter and he made Temurah before slaughter - but if it was found before slaughter and he made Temurah after slaughter, the Temurah is offered like Shelamim.

(r)

Question: What is the reason?

(s)

Answer: Slaughter [of a Pesach] is Kove'a (disqualifies other Pesachim of the same owners) only animals that were Kodesh at the time.

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