Mishnah
Mishnah

Halakhah for Pesachim 3:1

אֵלּוּ עוֹבְרִין בְּפֶסַח, כֻּתָּח הַבַּבְלִי, וְשֵׁכָר הַמָּדִי, וְחֹמֶץ הָאֲדוֹמִי, וְזֵתוֹם הַמִּצְרִי, וְזוֹמָן שֶׁל צַבָּעִים, וַעֲמִילָן שֶׁל טַבָּחִים, וְקוֹלָן שֶׁל סוֹפְרִים. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אַף תַּכְשִׁיטֵי נָשִׁים. זֶה הַכְּלָל, כָּל שֶׁהוּא מִמִּין דָּגָן, הֲרֵי זֶה עוֹבֵר בְּפֶסַח. הֲרֵי אֵלּוּ בְאַזְהָרָה, וְאֵין בָּהֶן מִשּׁוּם כָּרֵת:

These are to be removed ["from the world"] on Pesach [For even though one does not transgress bal yeraeh because of them, the rabbis ordained that they be removed. As stated below (3:5): "Siur (partially fermented dough) must be burned, even though one who eats it is not liable."], kutach habavli [made from mouldy bread and milk, in which they would dip food], shechar hamadi [beer that they would make in Madai from wheat or barley soaked in water ], chometz ha'adomi [ vinegar made in Edom, from barley placed in wine and left there until it fermented], zitom hamitzri [one-third barley, one-third wild saffron, one-third salt, made for healing purposes. Up to this point (there have been enumerated) varieties of chametz which are fit for eating in ta'aroveth (admixture). From this point on, hardened chametz in itself ], the zoma of dyers [water into which bran-flour is placed and which the dyers use in their work], the amil of cooks [a loaf made from the flour of grain less than one-third matured, used for covering pots to absorb vapors], and the kolan of scribes [mill-ground kneaded with water and used by scribes for gluing their papers]. R. Eliezer says: Also the adornments of women (tachshitei nashim). [R. Eliezer is hereby adding (to the categories). For the first tanna enumerates only absolute grain chametz in admixture or hardened chametz in itself. And R. Eliezer adds even tachshitei nashim, which is hardened chametz in admixture with other ingredients. The gemara asks: "Tachshitei nashim"? (i.e., What do adornments have to do with chametz? And it answers:) "Say, rather: 'tifulei nashim,'" the meal that women apply (tofloth) to their skin with other herbs to remove hair or to whiten and smooth the skin. The halachah is not in accordance with R. Eliezer.] This is the rule: Whatever is of a variety of grain must be removed on Pesach, [if it is one of the five varieties mixed with water. For if there is no water, but only fruit juice, the ruling is that fruit juice dos not produce chametz.], they are subsumed in the exhortation [i.e., if one eats them he transgresses a negative commandment], and they are not subject to kareth. [For only complete chametz is subject to kareth and not an admixture. But he receives stripes if he eats an olive-size of chametz in an admixture in the amount of time it takes to eat a p'ras (half a loaf) and if he does not, he does not receive stripes by Torah law. However, a prohibition does obtain, any amount of an admixture of chametz on Pesach being forbidden.]

Arukh HaShulchan

And this is the language of the Tur: The Ittur writes that were I not afraid of other rabbis I would say that even a earthenware pot that has not been used for 24 hours since it is only a rabbinic prohibition to cook with it, can be kashered through immersion in boiling water three times and this is sufficient. And the Ittur brings proof from the Yerushalmi (Terumot 11:4). And the Rashba writes teh same thing and concludes his words by saying that perhaps this is only permissible with a rabbinic prohibition that has no basis in a Torah prohibition like Terumah or Challah outside of Israel in our times or with bishul akum (food cooked by Gentiles) but for other rabbinic prohibitions that do have a Torah basis they were strict just as with Torah prohibitions and it is appropriate to be concerns and not be lenient. All of the above is the language of the Tur. And so this leniency is entirely unmentioned in the Shulhan Arukh except for a reference in Siman 113 regarding bisul akum (food cooked by Gentiles) see there. And the Rashba in Torah haBayit discusses this at great threngh and writes that whenit comes to the strict law it appears to him that all rabbinic prohibitions should be permissible under these circumstances as the RaSh HaTzarfati writes and see there. And the Tur didn't bring the end of the Rashba's words because he was of the opinion that one should not be lenient in this way in a practical fashion. And, heaven forfend we should not violate the opinion of the Tur and Shulhan Arukh, however this is very puzzling since the Yerushalmi in Pesachim (3:1) says that when it comes to Hametz, which certainly has a foundation in Torah and the Yerushalmi there says: Rabbi Yirmiyah saidi n the name of Rav, a pot in which hametz was cooked should not be used for the same type of food until after Pesach, but a different food can be cooked in that pot even on Pesach if three items were cooked in between. And the commentator has already raised this question.
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