1)

WHEN IS PESACH NIDCHEH?

(a)

(Mishnah): If one was Makdish a female or an animal above one year old for Pesach, it is Ro'eh; he buys Shelamim with the money (this is the text of Rashi and Tosfos; see note in Appendix. Tosfos - this refers to after Pesach - before Pesach, the money would be used for Pesach);

(b)

If one was Makdish a Pesach and he died (he was the sole owner), his son does not bring it l'Shem Pesach, rather, l'Shem Shelamim.

(c)

(Gemara - Rav Huna brei d'Rav Yehoshua): We learn three laws from this:

1.

A living animal can be Nidcheh [so that even when its Pesul goes away it cannot be offered - otherwise, a female or two-year old would itself be offered as a Shelamim];

2.

Dichuy from the beginning (it could never be offered) is considered Dichuy;

3.

Dichuy applies to monetary Kedushah (something which itself cannot be offered, but its redemption money will be offered. Tosfos (u'Shma) distinguishes this from the previous law.)

(d)

(Mishnah): If one was Makdish a Pesach...

(e)

(Beraisa): If one was Makdish a Pesach and died:

1.

If his son was Memunah on it, he brings it l'Shem Pesach;

2.

If his son was not Memunah on it, he brings it for Shelamim on the 16th.

(f)

Inference: He may not bring it on the 15th - the Tana holds that Nedarim and Nedavos may not be offered on Yom Tov.

(g)

Question: When did the father die?

1.

Suggestion: He died before noon.

2.

Rejection: When his son was Memunah, why can he bring it l'Shem Pesach? He became an Onen right away, the Mitzvah to offer Pesach does not take effect on him! (This is like Rashi's second version, and Tosfos.)

(h)

Answer: Rather, he died after noon.

(i)

Question: If his son was not Memunah, why can he bring it for Shelamim - at noon, the Korban was Kavu'a! (Since it was not offered as Pesach, it is Ro'eh, like the Mishnah (96B).)

(j)

Answer #1 (Rabah): Really, he died before noon - his son brings it for Pesach Sheni.

(k)

Answer #2 (Abaye): The Mishnah discusses different cases:

1.

If he died after noon and his son was Memunah, he can bring it l'Shem Pesach (but if his son was not Memunah, it was Kavu'a and it would be Ro'eh);

2.

If he died before noon and his son was not Memunah, he brings it like Shelamim (but if his son was Memunah, he would bring it for Pesach Sheni).

(l)

Answer #3 (Rav Sharbiya): Really, he died after noon - the case is, his father was Goses (very sick, it was probable that he would die - therefore, noon was not Kove'a).

(m)

Answer #4 (Rav Ashi): Really, he died after noon - the Mishnah is R. Shimon, who says that a living animal cannot be Nidcheh.

(n)

Answer #5 (Ravina): The case is, he was Makdish the Pesach after noon, and the owner died after noon - he holds that noon is Kove'a [but only what is already Kodesh].

2)

PESACH THAT BECAME MIXED WITH OTHER KORBANOS

(a)

(Mishnah): If Pesach became mixed with other Korbanos, all of them are Ro'eh and redeemed; he adds his own money and buys a new Korban of every kind mixed (e.g. Olah, Asham...) for the largest redemption price of any animal (perhaps the animal was that Korban. If many of one kind were mixed in, e.g. three Olos, one new Olah is bought for the largest Pidyon, a second is bought for the second largest Pidyon, and the third for the third largest Pidyon.)

(b)

R. Shimon says, if a Pesach of Kohanim became mixed with Bechoros, they may [offer all the animals on Erev Pesach and] eat them. (See note 54 in Appendix.)

98b----------------------------------------98b

(c)

(Gemara) Question: This [R. Shimon's] Heter might cause Kodshim to become Pasul (Nosar - Bechor should be eaten for two days and a night, but because it is Safek Pesach, it is eaten only at night)!

(d)

Answer: Also elsewhere, R. Shimon is not concerned for this:

1.

(Mishnah - R. Shimon): If an Asham became mixed with a Shelamim, both are slaughtered in the north and are eaten with the stringencies [of Asham, i.e. for only one day by male Kohanim in the Azarah];

2.

Chachamim say, we do not cause Kodshim to become Pasul.

(e)

Question: According to Chachamim, what do we do? (Bechor cannot be redeemed - a blemished Bechor is eaten like Chulin, just it may not be slaughtered [or sold] in the meat market or weighed).

(f)

Answer (Rava): We wait until they get blemished; we bring a fat animal [worth no less than the nicest of the mixed animals] and stipulate that the Pesach is redeemed on it; we eat the mixed animals with the stringencies of Bechor Ba'al Mum.

3)

SEFEKOS ABOUT WHO IS MANUY ON EACH PESACH

(a)

(Mishnah): A Pesach was lost, and the Chaburah sent a member (Reuven) to find it and slaughter it - he did so. If the Chaburah slaughtered another animal for Pesach (they did not know whether or not Reuven will succeed):

1.

If Reuven slaughtered first, all eat from 'his' (the original) Pesach (the Chaburah did not [try to] withdraw until they slaughtered their own - at that time, they already were Yotzei);

2.

If the Chaburah slaughtered first, they eat from their [new] Pesach, and Reuven eats from his (he was not Manuy on theirs);

3.

If we do not know who slaughtered first, or if they slaughtered at the same moment, he eats his, and they may not eat from either one (lest they were Menuyim on the other, i.e. it was slaughtered first); their Pesach is burned in Beis ha'Sereifah, and they are exempt from Pesach Sheni.

(b)

If Reuven went [without being asked] to find it, and told them 'if I tarry, slaughter for me', and he found and slaughtered it, and the Chaburah slaughtered another Pesach:

1.

If the Chaburah slaughtered first, all eat from their Pesach;

2.

If Reuven slaughtered first, he eats from his, and the Chaburah eats from theirs;

3.

If we do not know which slaughtered first, or if they slaughtered at the same moment, they eat theirs, and he may not eat from either one; his Pesach is burned in Beis ha'Sereifah, and he is exempt from Pesach Sheni.

(c)

If they asked him to find and slaughter it, and he told them to slaughter for him if he delays, and both of them slaughtered:

1.

All eat from the Pesach slaughtered first;

2.

If we do not know which slaughtered first, [no one may eat]; both Pesachim are burned in Beis ha'Sereifah.

(d)

If the Pesachim of two Chaburos became mixed, each Chaburah takes one animal, and one member of each Chaburah stands with the other, and they [who remained in their place] say to the newcomer:

1.

If we took our Pesach, you withdraw from your Pesach and are Manuy with us; if we took your Pesach, we withdraw from our Pesach and are Menuyim with you.

(e)

The same applies to five Chaburos, each with at least five members, whose Pesachim became mixed up - each Chaburah takes one animal and sends four members, one to each other Chaburah, and those remaining say to the newcomers 'we and each of you [from the other Chaburos] withdraw from our Pesachim [if this is not it] and are Menuyim on it with its owner[s].'

(f)

If Reuven and Shimon each owned a Pesach by themselves and they became mixed, each is Memaneh an outsider with him on his Pesach, and they do like above (d).

(g)

(Gemara - Beraisa): If they asked him [to find and slaughter the lost Pesach], and he told them [to slaughter for him if he delays], everyone eats from the first one slaughtered;

(h)

If neither of them told the other anything, neither is affected by the other.

(i)

Chachamim learned from here that silence is good for Chachamim (it enables both Pesachim to be eaten), all the more so it is good for fools (they conceal their folly) - "Evil Macharish Chacham Yechashev."

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