Category Archives: pesach

Pesachim 9-10 Chazaka, Rov, and other great rules of psak by roller-coaster ride

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There are some dapim that flow from one to the other remaining focussed on one theme or sugya, bringing proof and counterproof for possible answers to a certain question regarding this theme.

There are other daf that seem to have much of shas contained in them, microcosms of many different albeit often interrelated principles and rules.

These daf are extreme examples of the “mini-shas” style daf, moving  roller-coast style from one global principle to the next, making all but the most experienced students of Talmud gasp for breath.

Examining all of them in detail could take years but let us have a brief look at some of them and how they relate to the central theme of the perek, namely getting rid of chametz before Pesach.

The Mishna on Daf 9 rules that there is no need to be concerned that a weasel has taken chametz into a house that one has already checked for chametz from one that has not been checked, or from one place to another.

Once one has checked it, one may assume that it remains chametz free.

The Mishna adds that if one would have to be concerned about this, there would be no end to the matter (אין לדבר סוף) , and even a complete chametz-free city would not be immune from the concern that chometz was brought in from a neighboring settlement.

This kicks off a discussion in the Gemara which involves some of the most important rules and concepts in all of Shas and  halacha, among them

  1. חזקה מעיקרא – we assume an item retains the status it had when we last saw it unless we have significant reason (רעותא)  to believe its status has changed.

This rule is derived (Chullin 10b) from the case of the בית המנוגע (leprous house.)

In the case of our Mishna, we assume that a house that has been checked remains free of chametz unless we have strong reason to assume otherwise. In fact, this is such an established principle that we need to understand what theחדוש  of the Mishna is and why we need the idea of אין לדבר סוף  to explain it.

  • כל דפריש מרובא כפריש – we assume that any item that has left its place of origin, and whose place of origin is subject to doubt, has the status of the majority of places it could have left. This is an extension of the general rule of זיל בתר רובא (following the majority,)  derived from the verse “אחרי רבים להטות”  (see Chullin 11a)

In our sugya, if crumbs became separated from one of 10 piles, 9 being matza and 1 being chametz, and is then dragged by a weasel into a room, we follow the majority and assume it was chametz that was dragged in.

  • כל הקבוע כמחצה על מחצה דמי – so long as the item in point 2 above is in its place of origin (or by extension, if we observed it leaving its place of origin,) the rule of majority does not apply, and in case of doubt as to the status of the place of origin, it is regarded as 50/50 and the rules of ספק  (doubt) apply (presumably in biblical matters be stringent and in rabbinical matters be lenient, but perhaps not as simple as all that.)

This rule is extremely complex and hard to define precisely.

In our case, if one sees a weasel dragging crumbs from one of 10 piles into a checked house, 9 being matza and 1 being chametz, and one is not sure about the status of the pile it was taken from, we do not follow the majority, and must check again out of doubt.

(the assumption here seems to be that בדיקת חמץ  is  דאורייתא , possibly in the absence of בטול  ועיין תוס’ ד”ה “היינו” )

  • אין ספק מוציא מדי ודאי – a doubt may not remove a certainty.  If an item has a certain status and there is a chance that that status may have been removed, that chance is not sufficient to remove that status.

In our case, if one sees a weasel dragging chametz into an already checked house, one may not assume that it ate it all, and needs to recheck.

  • שאני אומר – There are two boxes, one containing something permitted and one containing something forbidden, and there are also 2 items, one of the same status as the contents of the permitted box and one of the same status as the contents of the forbidden box.

Each item falls into one box, and we are not sure which item fell into which box.

We sometimes assume that the permitted item (for example Chullin)  fell into the box with permitted contents (Chullin) and that the forbidden item (for example Teruma) fell into the box with the forbidden contents (Teruma) thus preserving the permitted status of the box with the permitted contents.  The Gemara limits this rule to rabbinic prohibitions, possibly due to the general rule of ספק דרבנן לקולא .

It is interesting to note in this context that Rashi points out, possibly based on this sugya, that Teruma in our time is rabbinical in nature

Regarding chametz, the Gemara suggests that this rule applies in a case where there are 2 boxes, one of chametz and one of matza, and two houses, one that has been checked, and one that has not been checked.

One mouse takes something from the chametz box and drags it into one of the houses, and  another mouse takes something from the matza box and drags it into the house.

We are not sure which house each mouse went into.

By this rule, we can assume that the mouse with the chametz went into the checked house and the mouse without the chametz went into the unchecked house.

  • חזקת הטבע (assumptions regarding human nature)- for example, on our daf, produce left by a deceased Torah scholar can be assumed to have been tithed, as there is a חזקה  that a Talmid Chacham does not allow untithed produce to leave his hands (חזקה אין חבר מוציא מידו דבר שאינו מתוקן). This makes it a case of ודאי וודאי  and not comparable to the case regarding chametz we brought where we say אין ספק מוציא מידי ודאי.
  • הערמה  (legal fiction)- there are times when a person may you a legal loophole to permit something that would not normally be permitted.

For example, one our daf, one is permitted to intentionally bring one’s produce “through the back door”  [דרך גגות חצירות וקרפפות]  in order to exempt them from מעשר. This would make a case of produce bought from a Talmid Chacham ספק וספק  even in the absence of חזקה  mentioned in point 6.

All that and so much more to analyze in one or 2 daf and we have barely touched the Rishonim!- this is one of those times when the pace of daf yomi starts to get seriously frustrating!

How I yearn for the Yeshiva days….

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

Pesachim 5- 7 בל יראה ובל ימצא and the command of תשביתו

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We have referred various times to the debate between Rashi and Tosfos on the first daf regarding the reasons for the requirement to search for chametz the night before Pesach.

Rashi explained that it is to avoid the prohibitions of בל יראה ובל ימצא.

Tosfos, in contrast, argued based on the Gemara (Pesachim 4b and 6b) that seeing as on a biblical level, בטול חמץ  is sufficient to remove it from one’s possession, AND בטול  is compulsory rabbinically, the search is not necessary to avoid these prohibitions and is rather a rabbinic requirement to avoid coming to eat chametz that one has nullified on Pesach.

On Daf 5, the Gemara analyzes the sources and parameters of these two related prohibitions and on Daf 6, it also records a debate amongst Tannaim as to how to fulfill the positive commandment of תשביתו (removing chametz from one’s possession.)

To make some order, let us summarize the various pessukim involved:

שמות פרק יב

(טו) שִׁבְעַ֤ת יָמִים֙ מַצּ֣וֹת תֹּאכֵ֔לוּ אַ֚ךְ בַּיּ֣וֹם הָרִאשׁ֔וֹן תַּשְׁבִּ֥יתוּ שְּׂאֹ֖ר מִבָּתֵּיכֶ֑ם כִּ֣י׀ כָּל־אֹכֵ֣ל חָמֵ֗ץ וְנִכְרְתָ֞ה הַנֶּ֤פֶשׁ הַהִוא֙ מִיִּשְׂרָאֵ֔ל מִיּ֥וֹם הָרִאשֹׁ֖ן עַד־י֥וֹם הַשְּׁבִעִֽי:

“For 7 days, you shall eat matzoth, but on the first day, you shall cease to have any seor (yeast) in your houses, as anyone who eats chametz will have his soul cut off from Israel, from the first day until the seventh day”

Here, we see a positive mitzva to remove all seor/chametz from one’s possession  before Pesach (the Gemara understands the “first day” here to refer to the day before Pesach, from midday and the word “but” to divide the day into two, half permitted to own chametz and half forbidden.

“Seor” refers to chametz that is no longer fit for a dog to eat but has turned into yeast which has the capability of causing other dough to become chametz.

שמות פרק יב

(יט) שִׁבְעַ֣ת יָמִ֔ים שְׂאֹ֕ר לֹ֥א יִמָּצֵ֖א בְּבָתֵּיכֶ֑ם כִּ֣י׀ כָּל־אֹכֵ֣ל מַחְמֶ֗צֶת וְנִכְרְתָ֞ה הַנֶּ֤פֶשׁ הַהִוא֙ מֵעֲדַ֣ת יִשְׂרָאֵ֔ל בַּגֵּ֖ר וּבְאֶזְרַ֥ח הָאָֽרֶץ:

“For seven days, seor may  not be found in your homes, for anyone who eats “that which leavens”, his soul will be cut off from the congregation of Israel, amongst the stranger and citizen of the land.”

Here, we see a prohibition to allow any seor to be found in one’s house over the Pesach period, as well as the severe punishment of כרת  for one who eats seor or chametz on Pesach.

There also seems to be a hint to the Ran’s suggestion (see earlier post on Daf 2) that the reason for this prohibition is indeed to avoid the serious penalty for eating it.

שמות פרק יג

(ז) מַצּוֹת֙ יֵֽאָכֵ֔ל אֵ֖ת שִׁבְעַ֣ת הַיָּמִ֑ים וְלֹֽא־יֵרָאֶ֨ה לְךָ֜ חָמֵ֗ץ וְלֹֽא־יֵרָאֶ֥ה לְךָ֛ שְׂאֹ֖ר בְּכָל־גְּבֻלֶֽךָ:

“Matzoth shall be eaten for these seven days, and no chametz shall be ‘seen for/to you’ and no seor shall be ‘seen for/to you’ in all your borders.”

Here, we see a prohibition against any seor or  chametz “being seen for you” in all one’s borders.

What precisely this means, requires clarification, and based on the simple reading, it could refer to

  1. A prohibition against seeing any chametz
  2. A prohibition against seeing any chametz that belongs to you
  3. A prohibition against having any chametz that is or could be seen by you
  4. A prohibition against having any chametz in one’s possession, the word “יראה”  not referring to literally being seen, but rather to “appearing before one/being present” (as in “ולא יראה פני ריקם” regarding עליה לרגל.)

דברים פרק טז

(ד) וְלֹֽא־יֵרָאֶ֨ה לְךָ֥ שְׂאֹ֛ר בְּכָל־גְּבֻלְךָ֖ שִׁבְעַ֣ת יָמִ֑ים…..

“and there shall not be seen to you any seor in all your borders for 7 days”

This seems to be a repeat (as is common in Sefer Devarim) of the prohibition against seeing seor on Pesach.

Based on the Gemara (Beitza 7b,) most of the Rishonim seem to understand that the prohibition against seeing chametz or seor is one prohibition applicable to both chametz and seor (see for example רמבם סה”מ לאו ר   and סמ”ג עז-עח but see also סמ”ק לד-לה who counts them separately!)

Similarly, the prohibition against owning chametz or seor is also seen as one prohibition.

However, the relationship between the prohibition against seeing chametz/seor (בל יראה)  and the prohibition against owning (בל ימצא) is more subtle.

Although they are counted by the Rishonim as two separate prohibitions (see for example Sefer haMitzvos 200/201) the Gemara understands that they share parameters, and whenever the one applies, the other applies as well.

For example, even if one owns chametz that is hidden from sight, one transgresses BOTH prohibitions, even though one does not see it.

In addition to this “double prohibition,” there is also a positive command of “תשביתו”, removing chametz from one’s possession before Pesach, which one transgresses on failure to do so.

There is so much to go into regarding this “double” prohibition and its related positive commandment and we shall hopefully get a chance to get to understand them a lot more over the coming daf- in the meanwhile, I hope that this brief summary will help clarify some of the basics.

Pesachim 4 Searching for Chametz with an electric torch

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The first Mishna of the masechta told us that the search for chametz needs to be done the night before Pesach by candlelight.

On our daf, Rav Nachman bar Yitchak explains that the reason the search was instituted the night before and not the day before Pesach is because

  1. People are usually at home at night
  2. The candlelight is good for searching at night.

The second reason might be required in order that we should not think that people who are at home during the day should be allowed to intentionally do their search then- even for them, the search needs to be done by candle and a candle is not that effective at night! (see Ritva, Meiri, Rabbeinu Yonatan and other who make this point.)

 He does not explain, however, why one cannot simply search during the day by sunlight- The assumption seems to be that searching with a candle is an intrinsic part of the mitzva.

Whether one explains like Rashi that the reason for the search is to avoid the prohibition of owning chametz on Pesach or like Tosfos that the reason for the search is due to a concern that one might come to eat chametz on Pesach that one has nullified, it stands to reason that the mitzva is goal-oriented and the main thing is that the chametz is found- how it is found should be less relevant.

As such, while we can understand that regular sunlight might not be suitable enough to achieve this purpose, any form of light which is at least as good or better for this purpose should be perfectly acceptable.

Whereas a candle might have been the most suitable item for this at the time that Chazal instituted this practise, a good quality easy to handle electric torch certainly seems to be even more suitable.

Although the Gemara (Pesachim 8a) gives various reasons why a flame-based torch (made up of more than one wick) may not be used, none of those reasons seem to apply to an electric torch which is more flexible, safe, and stable than a regular one-wick candle.

Yet there is also the possibility that whatever the reason Chazal required a candle, they instituted the mitzva specifically with a candle, and once they did that, the only way the mitzva may be fulfilled is with a candle.

Rashi, on our daf, gives us a “heads-up” and tells us that the Gemara later on actually derives the requirement to use a candle from a verse, strengthening the possibility that there might be more to this requirement than meets the eye.

Fast forward to Daf 7b, and Rav Chisda, later supported by a Beraisa, indeed derives the requirement for a candle from a string of גזירות שוות (comparisons based on similar language) which indicate that a search should be done with a נר  (candle.)

The Beraisa points out that this is not an actual proof but a זכר לדבר (a form of hint) and given that the whole requirement of the search is דרבנן (rabbinical,) it seems rather obvious that this is at the most an אסמכתא .

Nevertheless, the fact that Chazal were not satisfied simply to provide a practical reason why a candle needs to be used but chose to base the requirement on an elaborate string of דרשות, does seem to indicate that there is something deeper about this requirement above the simple reasoning that they gave.

The sugya there, however, proceeds to tells us that one may not use an אבוקה (torch made by a collection of more than one candle), sunlight, or moonlight for the search, but must use a candle, seeing as it is יפה (nice or suitable) for the search, the same reasoning given back on our daf.

This seems to shift the focus back to practical reasoning, and the Gemara in fact immediately points out that an אכסדרה  (outdoor structure/porch with lots of sunlight) or area in the house directly under an ארובה  (skylight) may indeed be searched by sunlight, a seemingly clear indication that the candle is less an intrinsic requirement of the mitzva and more a matter of utility.

The reasoning seems to be that there is usually not sufficient sunlight indoors to perform the search properly, but there is enough sunlight to render the candle ineffective – As such, the search is done at night where the superior light of a candle can be used.

In areas where the sunlight is strong enough to replace the candle, this is not necessary.

The Rishonim  (see, for example the Ran based on the Yerushalmi) are bothered by this leniency, however, given that the search is supposed to be done at night, for the two reasons mentioned earlier, so when would one ever come to do it by sunlight .

They reply that the Gemara is merely saying that for one who was unable to search at night at the optimal time, and is then required to do so in the day, sunlight is sufficient in an area that is exposed to plenty of it- in a case where the mitzva is already being performed sub-optimally and the candle does not have much effect anyway, whatever special relevance the candle has in the mitzva is outweighed by the superior impact of the sunlight.

Once we have admitted that this is already not the ideal way of doing the mitzva, the possibility again opens up that not only is the night an ideal component of the mitzva, but so is the candle itself, and that when the mitzva can be performed with a candle, even if there is an equally effective way of doing so, the candle should still be used!

Of course, even if this true, there is still room to argue that an electric light is considered to be a candle, at least for the purposes of this Mitzva, particular the original type with incandescent bulbs that actually burn (as opposed to fluorescent bulbs and modern day LED’s which do not.)

Although we have only come to study and raise the issues and not make halachik rulings, those interested in following up will note that some modern poskim seem to hold that the mitzva can indeed be fulfilled with an electric torch with a focussed light.

Some even seem to favor this as the concern for fires is lower and a more focussed search will thus result, but general practise seems to be to follow the longstanding custom of using a candle where possible, and amongst some, such as Chabad Chasidim, this is taking extreme seriously for more mystical reasons, which we have seen might indeed be at least hinted at in our sugya.

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

Pesachim 2 Bedikat Chametz and the biblical fence

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The opening Mishna of Pesachim introduces the mitzva of בדיקת חמץ  (searching for Chametz) before Pesach.

The mishna tells us that אור לארבעה עשר בודקין את החמץ לאור הנר.

After much debate on this and the next daf, the Gemara concludes that אור לארבעה עשר refers to the evening of the 14’th of Nisan, and that the evening is referred to as אור  (literally light) in order to use לשון נקיה (clean language,) something I hope to discuss in tomorrow’s post.

As such, the Mishna is understood to mean that on the evening BEFORE Pesach starts, we need to search for any chametz with the light of a candle.

The reason for this search is subject to debate amongst the Rishonim.

Rashi explains that it is to avoid the prohibition of בל יראה ובל ימצא (owning chametz on pesach- see Shmos 12/19 and 13/7), and the Ran seems to understand that it is also connected to the positive mitzva of תשביתו (removing chametz from one’s possession- see Shmos 12/16.)

By searching for any remaining chametz in the house and burning it the next day, we make sure to avoid this prohibition (and fulfill the positive mitzva.)

It seems to follow that Rashi considers this to be a חיוב דאורייתא  (biblical requirement) due to the prohibition of owning chametz.

The Tosfos famously take issue with this based on a later sugya (Pesachim 6b) where Rav Yehuda rules in the name of Rav that one who has searched also needs to perform בטול חמץ  (nullify the chametz in his heart.)

Seeing as this is a requirement in any case, and מדאורייתא בבטול בעלמא סגי ליה (on a Torah level, annulment is enough to avoid the prohibition of owning chametz-Pesachim 4b), they dispute what they understand as Rashi’s claim that the search is necessary in order to avoid this prohibition. Indeed, the Gemara itself there states that בדיקת חמץ  is only a rabbinical requirement!

Instead, they explain that this a rabbinic requirement in case one sees chametz on Pesach that he has already annulled and comes to eat it- the prohibition of eating chametz carries the severe penalty of כרת and applies to all real chometz whether one owns it or not.

Whereas the Tosfos clearly saw Rashi as claiming that the search is NECESSARY in order to avoid the prohibition of owning chametz, it is possible to understand him simply as saying that the search is a legitimate and possibly preferable way of avoiding the prohibition- one can do so without it by nullification, but seeing as the search takes place first, in practise it has also removed any concern of this prohibition by the time the nullification comes along.

This is how Rishonim such as the Ran understand Rashi: The Torah requires the end result that we do not own chometz on Pesach, but Chazal determined how we get to that result, and due to the severity of the prohibition and the need to cover all bases, they required us to go through two processes- search and destroy, and nullification.

The Tosfos, on the other end, seem to hold that there was no need for Chazal to institute two methods to remove chometz from one’s possession, and that seeing as they made nullification mandatory, they must have required the “search and destroy” operation for other reasons. )It should be noted though that whereas the requirement to search is recorded in the Mishna, the requirement  to perform בטול is only recorded later in the early Amoraic period  by רב יהודה אמר רב, making this argument seem problematic unless the requirement for בטול  also goes back to the time of the Mishna and Rav was simply recording it, something that requires evidence.)

According to this view, one needs to understand why Chazal were so concerned about us coming to eat chametz that they required us to search for it and destroy it?

After all, there are many other things we are forbidden to eat or even benefit from, and Chazal made no such requirement.

The Tosfos suggest that this is because of the severe penalty prescribed for one who eats חמץ,  but are still faced with the fact that eating certain other foods such as חלב (forbidden fats) is also subject to the same כרת  punishment.

As such, they add another factor to explain this special stringency, namely the fact that chometz is something which people are not used to avoiding, given that it is permitted the rest of the year, and in addition to the severity of the penalty for doing so, this was enough reason for Chazal to set this prohibition apart from others and require search and destroy.

They also suggest that Chazal treated chometz more seriously than other prohibitions because the Torah itself did so- It is the only food subject to a ban of eating and benefitting from which is also subject to a prohibition against owning.

The simplest explanation of this idea is that  the fact that the Torah prohibited even owning chometz shows us that this prohibition is to be taken even more seriously than others- Chazal followed this queue and imposed the obligation to search and destroy in addition to nullifying it.

The Ran (דפי הריף א. ד”ה “ומה” ) is even more explicit and suggests that the reason the Torah itself forbade owning Chometz on Pesach was because people are not used to refraining from eating it the rest of the day, and combined with the severity of eating it on Pesach, the Torah took extra precautions to prevent this.

This idea is rather novel in that it would be a rare example of the Torah creating its own fence to protect another Torah commandment, something usually the mandate of Chazal.

  This is not completely without precedent- the אבות דרבי נתן  (chapter 2) understands that the Torah made a “fence” around the prohibition of forbidden sexual relations such as Niddah by prohibiting  קירבה(coming near) -sexually arousing acts such as hugging and kissing are thus forbidden on a Torah level as a restraint against sexual acts themselves.

Although the Ramban (השגת לספר המצוות לאו שנג), based on the view of רבי פדת (Shabbos 13a) understands this to be an אסמכתא  and the prohibition of “coming near” to be rabbinical in nature, the Rambam (ספר המצוות לאו שנג)  takes this literally and holds that it is a Torah prohibition punishable by lashes.

If we accept the Ran’s reasoning regarding בל יראה ובל ימצא and the Rambam’s regarding קרבה, the common denominator is clear- both eating chometz on Pesach and forbidden sexual relations are extremely serious prohibitions punishing by כרת, both are unusually hard to avoid (chometz because of habit and עריות  because of the power of the libido) and both have “satellite” biblical prohibitions to keep us far away from them!

If the Torah itself singled out these prohibitions by making its own biblical fences around them, and Chazal themselves followed with fences of their own, how careful should we all be to stay as far away as possible from them.

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.