Komentarz do Pesachim 2:11

כל שעה שמותר לאכול – since it (i.e., the Mishnah) does not say, “every hour that he eats, he may feed,” and took it with these two linguistic forms, implies that it is referring to two people. And this is how it should be understood: Every hour that the Kohen is permitted to eat Terumah/priest’s due, an Israelite may feed non-sacred food to his cattle. And our Mishnah is according to Rabban Gamaliel, for Rabban Gamaliel states that non-sacred food is eaten all of the [first] four hours [of the day before Passover], and Terumah is eaten all of the fifth hour (see Chapter 1, Mishnah 5). But the Halakha is not according to him, but whether [speaking] of Terumah or non-sacred food, we eat them all the [first] four hours, and hold them in suspense throughout the fifth hour and burn them at the beginning of the sixth [hour].

Introduction The second chapter continues chronologically where the first chapter left off with rules concerning the removal of chametz.

מאכיל לבהמה ולחיה ולעופות – And it is necessary [to state all three]. For had the Mishnah [only] taught “cattle,” I might think that cattle [only] which leaves food out, it is [clearly] visible and we must certainly remove it [out of existence], but beasts like marten, a cat or mole/weasel which has the practice of hiding it, I might say not. And if the Mishnah [only] taught “beasts,” I might say that a beast if it leaves something over, it hides it and does not violate “that it be seen,” I would say that it is fine, but cattle that sometimes leaves something and it is not our intention to remove it and transgresses, “that it should be seen,” I might say not, this comes to inform us [that the logic we have presumed is incorrect]. And “fowl” – for since the Mishnah teaches “cattle” and “beasts,” it also teaches “fowl.”

Any hour in which one is permitted to eat [chametz], one may feed it to cattle, beasts and birds, and one may sell it to a gentile, and benefit from it is permitted. When its time has passed benefit from it is forbidden, and he may not [even] fire an oven or a stove with it. As long as one may eat chametz on the day before Pesah, one may still derive benefit from it (see 1:4). This mishnah is opposed to Rabbi Judah’s opinion above in 1:4, where he states that during the fifth hour it is forbidden to eat chametz, but it is still permitted to derive benefit from it. The mishnah lists two of the most common ways to derive benefit from a food item without eating it giving it to animals and selling it to non-Jews. Once the time has passed, he may derive no benefit from the chametz. Even while he is burning it in order to destroy it, he may not put it in an oven or stove to use it as fuel. In other words, he must burn it in such a way that he derives no benefit.

ומוכרו לנכרי – to exclude [the position] of the School of Shammai which states that a person should not sell his heaven to a non-Jew other than if knows that it will be finished prior to Passover, for they hold that I am commanded to remove it from the world and not that it would [continue] to exist.

Rabbi Judah says: there is no removal of chametz except by burning; But the sages say: he may also crumble it and throw it to the wind or cast it into the sea. In this section the rabbis dispute how chametz is to be removed in order to fulfill the commandment found in Exodus 12:15, “you shall remove leaven from your house.” According to Rabbi Judah the chametz must be burned. This is how he interprets the word “remove” in the verse. The sages are more flexible and accept other means by which to remove/destroy the chametz casting it into the sea or by crumbling it up and throwing it into the wind. The important thing is that he not be able to recover the chametz and eat it, or even possess it.

ומותר בהנאתו – with the benefit of its ashes, such as if he parched/roasted it with fire prior to the time of its being prohibited, it is permitted to derive benefit from its ashes even after the time of its being prohibited.

עבר זמנו – when the sixth hour arrives, even though that its prohibition is not other than through the words of the Scribes, it is prohibited to derive benefit from it, as is it was from the prohibitions of benefit of the Torah [itself]. And if he betrothed a woman with it (i.e., Hametz), we are not troubled by his Kiddushin/betrothal, for even with a leavened substance that is unfit for food , such as grain upon which drippings from the roof had fallen (see Talmud Pesahim 39b), and similar things to it, for on Passover itself, the prohibition is only from the words of the Scribes, for if he betrothed a woman on the fourteenth [of Nisan] once the sixth hour arrived, we are not troubled by his betrothal.

ולא יסיק בו תנור וכירים – it is necessary for Rabbi Yehuda, for he said, that there is no removal of Hametz other than by burning, for you might have thought that together with when burning it , he derives benefit from it. It comes to teach us that this is not the case, and even in the manner of removal, it is prohibited to derive benefit from it when the time comes for its being prohibited.

ר"י אומר אין ביעור חמץ אלא שריפה – which he derived from the [concept of] portions of sacrifices left over beyond the legal time and bound to be burnt, which are forbidden to derive benefit from and are punishable with extirpation the same as [possession of[ Hametz [during Passover], and its command is through burning and not in any other way. But the Rabbis do not derive from “Notar”/portions of sacrifices left over beyond the legal time and bound to be burnt, for the fat the ox that is stoned proves it, for it is prohibited to eat or derive benefit from it and it is punishable by extirpation and does not require burning.

מותר בהנאה – that is not to say that regarding eating it is forbidden, but since the Mishnah needs to teach the concluding statement [concerning Hametz] of an Israelite is forbidden to derive benefit [from it], the Tanna/teacher [of our Mishnah] taught concerning that of a heathen that is permissible to derive benefit of [his Hametz/leavened product]. Because of this, it is not taught explicitly that the leavened products of a heathen are permissible to eat.

Introduction This mishnah and tomorrow’s mishnah complete the chronologically ordered discussion about removing chametz. (In chapter three the mishnah will discuss what exactly chametz is, and which chametz must be removed.) While we were previously discussing the day before Pesah, these mishnayot skip ahead until after Pesah and rule what is to be done with chametz that was not destroyed before Pesah.

משום שנאמר לא יראה לך – that is to say, we subject him to a fine , for since he violated [the precept] “that it should not be seen with you.” Alternatively, it refers to the first section [of the Mishnah], that the Hametz/leavened products of a heathen is permissible [to derive benefit] because it says, “it should not be seen with you,” and we explain that “yours” one cannot see, but you may see that [Hametz] of others.

Chametz which belongs to a gentile over which Pesach has passed is permitted for benefit; A Jew may eat chametz that a gentile owned on Pesah since there is no prohibition for a gentile to own chametz on Pesah. The phrase “over which Pesah has passed” means that the chametz existed during Pesah.

But that of an Israelite is forbidden for benefit, as it is said, “No leavened bread shall be found with you.” However, a Jew may not eat or derive any benefit from chametz that any Jew (himself or other) owned over Pesah. Practically this is a very significant issue in the modern world. If a store owned by a Jew does not either get rid of or sell its chametz before Pesah a Jew may not eat that chametz even after Pesah. In Israel restaurants and food stores hang up signs which guarantee that they have sold their chametz before Pesah. The midrash at the end of this mishnah presents the prohibition for possessing chametz. According to the Talmud, since the Jew did not get rid of his chametz before Pesah, he is punished and it becomes for him or any other Jew to derive benefit from it every again.

נכרי שהלוה לישראל – [a heathen who lent an Israelite] money on his leavened products [as a collateral] prior to Passover, and the Israelite said to him, “if I don’t bring you the money by such-and-such a date, buy them from now.” And for example, he pledged this to him with him in his house and it (i.e., the Hametz/leavened products) remained with the heathen all the days of Passover.

Introduction The first section of this mishnah discusses chametz which was used to secure a loan. The second half deals with chametz upon which a large pile of stones has fallen.

לאחר הפסח מותר בהנאתו – for since the time arrived and he (i.e., the Israelite) did not pay him (i.e., the heathen) back, this is not wanting collection (i.e., not yet collected) for it was in the domain of the heathen, the matter was revealed retroactively that from the time that he pledged with him, it was his (i.e., the heathen’s).

If a gentile lent [money] to an Israelite on his chametz, after Pesah it is permitted for use. A gentile lent money to a Jew and the Jew used his chametz as a collateral to secure the loan. According to the Talmud, the Jew said to the non-Jew, “If I don’t come [to claim my chametz] before Pesach it is sold to you.” In such a case, the chametz belongs fully to the non-Jew when Pesach arrives and therefore a Jew may benefit from it after Pesach has passed.

וישראל שהלוה לנכרי כו' – the matter was revealed retroactively that it belonged to the Israelite.

But if an Israelite lent [money] to a gentile on his chametz, after Pesah it is prohibited for use. This is the opposite case a Jew lent money to a gentile before Pesach and the gentile used his chametz as collateral for the loan. He said to the Jew, “If I don’t come [to claim my chametz] before Pesach it is sold to you.” When Pesach comes this chametz fully belongs to the Jew. Therefore, a Jew may not derive any benefit from it after Pesach.

הרי הוא כמבוער – and even though he must nullify it, lest he open up a heap of debris during the festival and it would be found that he violates [the prohibition of “lest it be seen with you”].

If ruins fell on chametz it is as if it is has been removed. Rabban Shimon ben Gamaliel says: provided that a dog cannot search it out. Chametz which is totally inaccessible because ruins a large pile of stones have fallen on it, need not be removed from a person’s property before Pesach. This is because the owner of the property does not consider this to be his chametz anymore, and indeed it is highly unlikely that he will ever again have access to it. Rabban Shimon ben Gamaliel clarifies that in order for chametz upon which ruins have fallen to be considered destroyed, it has to be buried deep enough that a dog wouldn’t search after it. According to the Talmud, this is three handbreadths deep.

כל שאין הכלב יכול לחפש אחריו – and how far does a dog reach in digging (see Talmud Pesahim 31b)? Three hand-breadths.

בשוגג – he erred inadvertently regarding Terumah/priest’s due even as he erred wittingly regarding leavened products.

Introduction This mishnah deals with a non-priest who eats on Pesah terumah which is also chametz. The case is either one in which before Pesah he separated terumah from his chametz or that he separated terumah from his matzah on Pesah and it became chametz.

משלם קרן וחומש – and even though it is forbidden to derive benefit from leavened products on Passover, and is not worth anything, because that when one eats priest’s due inadvertently, it is written (Leviticus 22:14): “[but if a man eats of a sacred donation unwittingly,] he shall pay the priest for the sacred donation, [adding one-fifth of its value],” something that is worthy of being holy, and he does not pay him money, but rather produce, and the payment becomes priest’s due, therefore, we do not follow after the money.

One who unwittingly eats terumah chametz on Pesah must repay [to a priest] the principal plus a fifth. If he eats this terumah chametz unwittingly, he is liable for what one is normally liable to pay when a non-priest eats terumah. He must repay the value of the terumah and an added fifth to a priest (see Leviticus 22:14). Even though it was forbidden for him to derive benefit from the chametz on Pesah and therefore it is as if the chametz is not worth anything, still he makes restitution based on the size of the terumah that he ate and not its monetary value. The chametz may not have any value but it has size.

במזיד – that he wittingly [ate] priest’s due, even if he erred inadvertently regarding leavened products, he is exempt from payment.

Intentionally, he is exempt from payment and from [liability for] its value as fuel. Normally speaking, when not Pesah, one who intentionally eats terumah is liable to repay the value of the terumah which he ate. He is treated like a robber, who pays the value of that which he robbed. Since the chametz terumah is worthless on Pesah a Jew cannot derive any benefit from it he is not liable for anything. The mishnah goes on to say he is not even liable for the value of the terumah chametz had it been used as fuel, since on Pesah not only is eating the chametz prohibited, but deriving any benefit from it is as well.

ומדמי עצים – if the priest’s due was ritually impure, he does not pay the cost of wood that would have been appropriate to burn underneath his dish, for [when one eats] priest’s due wittingly, he is not other than a mere thief, and he pays money according to the value and not according to the measurement, but Hametz/leavened products on Passover are not monetary for they are prohibited to derive benefit [from it], and even to burn it is not appropriate and he has not lost anything.

ידי חובתו – because of the obligation of [eating] Matzah on the first night for he is obligated to eat Matzah as it is written (Exodus 12:18): “[In the first month, from the fourteenth day of the month] at evening, you shall eat unleavened bread…”

Introduction This mishnah lists those types of grains with which one can make the obligatory matzah on Pesah. There is a duel function to this list anything which can be used to make matzah can also become chametz. Hence, this mishnah also indirectly teaches us which types of grain must be removed before Pesah.

בחטים ובשעורים – but not rice, millet and other species, as it is written (Deuteronomy 16:3): “You shall not eat anything leavened with it; for seven days thereafter you shall eat unleavened bread…” things that can become leavened, a person fulfills his religious obligation in consuming Matzah/unleavened bread, excluding rice and millet and other species that do not become leavened, but towards decay.

These are the things with which they fulfill their obligation on Pesah: with wheat, with barley, with spelt, with rye, and with oats. This is the list of grains from which one may make the obligatory matzah. Note that rice is not on the list. According to the mishnah, matzah may not be made out of rice nor does rice become chametz.

ובדמאי ובמעשר ראשון שנטלה תרומתו – all of these for what reason are they needed? They are explained in the Tractate Shabbat, chapter eighteen (Mishnah 1 – “You may clear away – on the Sabbath-even four or five piles”).

And they fulfill [the obligation] with demai, with first tithe whose terumah has been separated, and with second tithe or sanctified property which have been redeemed; We have encountered this list on several occasions already (Shabbat 18:1; Eruvin 3:2; Sanhedrin 8:2; Makkot 3:2). It is basically a list of foods which can be eaten, at least according to toraitic law. The opposite is in section four those foods are prohibited and hence one cannot use them to fulfill the obligation to eat matzah.

והכהנים בחלה ובתרומה – for you might have thought that we require Matzah/unleavened bread that is worth and appropriate for all people, but Hallah and priest’s due are not appropriate for foreigners (i.e., non-Kohanim), it comes to teach us [that this is not the case].

And priests [can fulfill their obligation] with hallah and terumah. Hallah (which a person must separate when he makes dough) and terumah are given to the priest, who may use them to make his matzah. A non-priest cannot eat them and hence cannot use them for matzah.

חלות תודה ורקיקי נזיר אין יוצאין בהן – even though they are fully Matzah, as it is written (Exodus 12:17): “You shall observe the [Feast of] Unleavened Bread”, [we require] Matzah that is preserved for the purpose of [consuming] Matzah, excluding those which are not preserved for the purpose of [consuming] Matzah, but for the purpose of a sacrifice.

But not with untithed produce, nor with first tithe whose terumah has not been separated, nor with second tithe or sanctified property which have not been redeemed. The opposite list of that in section two.

למכור בשוק יוצאין בהם – for everything can be sold in the market, for he says, if they are sold, they are sold, and if not, I will myself with eat it as the Matzah [in fulfillment] of the Mitzvah.

Loaves of the thanksgiving offering and the wafers of a nazirite: If he made them for himself, they cannot fulfill [their obligation] with them; If he made them to sell in the market, they can fulfill [their obligation] with them. These loaves and wafers are not chametz and hence might potentially be usable for matzah. The mishnah rules that if he made them for his own personal use then they are already sanctified and one cannot use them for matzah. In other words, although they physically fulfill the requirements of matzah, since they were sanctified for another use they cannot count also as matzah on Pesah. However, if he is a merchant and made them to sell to those who need to bring sacrifices, then they have not yet become sanctified and they may be used as obligatory matzah on Pesah.

בחזרת – in Arabic CHASAH; L’ TU-GA in foreign language.

Introduction Since we learned in yesterday’s mishnah what grains one can use for matzah, today we learn what vegetables one can use for bitter herbs (marror). As an aside, I will add a rare practical halakhic issue. Horseradish is not one of the vegetables on this list. Horseradish is not native to the land of Israel. It was introduced as “bitter herbs” in Europe where the herbs listed in the Mishnah did not grow, or were exceedingly difficult to cultivate. The most commonly used and acceptable “bitter herb” today is Romaine lettuce. Most people (I shall not name names, but some of them share my last name) complain to me that lettuce isn’t bitter so how can we use it for “bitter herbs”. They are correct through thousands of years of cultivation we have managed to take the bitter taste out of most lettuces. A potential solution which many people do is to mix some horseradish with their lettuce. In any case, I urge you to use lettuce on Pesah and not exclusively horseradish. Finally, I am not a botanist. I don’t pretend to know exactly what most of these vegetables look or taste like. I have relied on Yehudah Felix’s article in the Encyclopedia Judaica and on Albeck’s commentary for my translation and interpretation.

ובעולשים – in Arabic HANDA-BEE; and in the foreign language, AN-DEE-BEE. And in the Aruch, it is explained that it is a vegetable that in a foreign language is called KARSH-PEEL. (endives)

And these are the herbs with which one discharges his obligation on Pesah: with lettuce [hazaret]; with chicory [olshin]; with wild chicory [tamkah]; with picridium [harhavina], and with sonchus [maror]. Concerning all of these, Yehudah Felix (Encyclopedia Judaica, entry Bitter Herbs) writes: “The rabbis included under merorim plants whose common features are: “bitterness, possessing sap, with a grayish appearance” (Pes. 39a), meaning wild or cultivated vegetables, with leaves of a silvery-grayish-green color, that have a milk-like sap and leaves with a bitter taste.” In his commentary on Exodus 12:8, “They shall eat it roasted over the fire, with unleavened bread and bitter herbs”, Nahum Sarna (JPS Commentary: Exodus, 55) writes, “Hebrew merorim (sing. maror) is a generic term and probably referred originally to the kind of pungent condiment with which pastoral nomads habitually season their meals of roasted flesh.”

ובתמכה – fibrous substance (i.e., bast of the palm-tree) that grows around the palm tree.

They fulfill their obligation whether they are moist or dry, but not preserved [in vinegar], nor stewed nor boiled. The vegetables may be dry, but moist would be better. The Talmud says that only the stalks may be dry the leaves must be fresh. However, they cannot be cooked or preserved, which is usually considered to be akin to cooking.

ובחרחבינא – (creeper on palm trees) – EL-KARTZ-EE-NAH in Arabic.

And they combine to the size of an olive. On Pesah one must eat an olive’s worth of maror. The mishnah teaches that one can combine them to equal an olive’s worth, eating half an olive’s worth of one kind and half an olive’s worth of another.

ובמרור – a species of coriander which is most bitter.

And they fulfill their obligation with their stalk[s]. The leaves and stalks count toward fulfilling one’s obligation.

בין לחים בין יבשים – and especially their stalks/stems – as we say at the end [of the Mishnah] that we fulfill [our religious obligation for bitter herbs] with them,, but leaves – moist, yes, but not drey.

And with demai, and with first tithe from which terumah has been separated, and second tithe and sacred property which have been redeemed. This is the same list as found in section two of yesterday’s mishnah. Notice that the mishnah does not even have to list those things with which one cannot fulfill one’s obligation, because they are the same as section four in yesterday’s mishnah.

כבושים – in vinegar

שלוקים – cooked too much until they become dissolved.

מבושלים – in the manner of cooking.

ומצטרפין לכזית – to fulfill the [religious] obligation of Maror/bitter herbs, and the same law applies with the five species of grain to fulfill the [religious] obligation of Matzah, and to both of them it applies.

אין שורין את המורסן – in cold water and all the more so in tepid water in order to place in front of the chicken.

Introduction This mishnah returns to discussing the prohibition of chametz on Pesah.

אבל חולטין – in hot/boiling water, for all the while that the water is boiling, it cannot ferment. But today, it is the general practice that we prohibit even a paste made of flour stirred in boiling water (i.e., dumpling).

All three sections of this mishnah teach that one must avoid letting grains come into contact with water on Pesah because this allows them to turn into chametz. We should note that today religious Jews do not keep grain in their possession on Pesah, nor do they bake matzot during Pesah. In the time of the Talmud Jews did not get rid of dry grains, grains which had not yet become chametz and when they needed to, they did bake matzah on Pesah. This mishnah deals with what one may do and not do with grain on Pesah.

תשרה את המורסן – to rub it in her skin because it becomes leavened in the skin.

One may not soak bran for fowls, but one may scald it. Soaking bran will lead it to become chametz. However, putting it in boiling water will not cause it to become chametz because the hot water arrests the leavening process.

אבל שפה היא – she may rub it on her skin dry even though she that water is dripping on her skin.

A woman may not soak bran to take with her to the bathhouse, but she may rub dry [bran] on her skin . Soaked bran was used by women to cleanse their skin in the bathhouse. She may not soak the bran before she goes to the bathhouse because that will cause it to become chametz. However, she may rub dry bran directly on her skin even though her skin is moist.

לא ילעוס – he should not chew it with his teeth.

And a man may not chew wheat and place it on his wound, because it turns into chametz. Chewed wheat was used as a salve for wounds. When he chews it he gets the wheat wet, thereby making it likely to become chametz. Hence, this is forbidden. On a small note concerning gender, it is interesting that men are wounded and women go to the bathhouse.

בחרוסת – a thing that has vinegar and water in it and is made to dip meat in it.

Introduction This mishnah contains three more prohibited mixtures, two of which deal with chametz.

ואם נתן – into the mustard.

One may not put flour into haroset or into mustard; “Haroset” is a mixture of fruit and wine or wine vinegar and it was customary to put flour in it as well. However, on Pesah it is forbidden to put flour in it because the wine or wine vinegar will cause it to become chametz. Mustard is also made with vinegar and therefore it is also forbidden to put flour into it.

יאכל מיד – for the mustard is sharp and does not sour quickly like the Haroset (a pap made of fruits and spices with wine – to sweeten the bitter herb) and, but regarding Haroset, the first Tanna [of our Mishnah] agrees with Rabbi Meir that it is forbidden.

And if he did put [it], it must be eaten immediately; But Rabbi Meir forbids [it]. If he nevertheless did put flour into either mustard or haroset, he must eat it immediately so that it doesn’t become chametz. Rabbi Meir, however, holds that it becomes chametz immediately and therefore one cannot eat it.

ורבי מאיר אוסר – even if he put it into the mustard, for he holds that mustard immediately sours/leavens like the Haroset. But the Halakha is not according to Rabbi Meir.

One may not boil the Pesah sacrifice, neither in liquids nor in fruit juice but one may baste and dip it in them. Exodus 12:9 forbids eating the Pesach sacrifice if it has been boiled. Our mishnah adds that this prohibition holds true for all liquids, water and fruit juices the sacrifice may not be boiled in any liquid. However, it is not prohibited to baste the sacrifice with liquids such as wine or oil while it is roasting and one can dip the meat in liquids after the roasting is complete. Perhaps the reason that this section is here is that above we dealt with Exodus 12:8 and here we deal with Exodus 12:9. Alternatively, since the previous sections and the following one deal with juices, this halakhah is brought here.

לא במשקין ולא במי פירות – as it is written (Exodus 12:9): “[Do not eat any of it raw,] or cooked in ay way with water…” anyway.

The water used by a baker must be poured out, because it causes leavening. While baking matzah, the baker will dip his fingers in water to keep them moist. The water bowl into which he dips his fingers must be dumped out so that the flour in it doesn’t turn into chametz. It should be dumped out somewhere where it will not gather in one place so that it doesn’t turn into chametz on the ground.

אבל סכין ומטבילין – after it is roasted, and we don’t’ say that it nullifies its taste; alternatively, even before it is roasted, it is permitted to rub the Passover offering in fruit juice, and such is taught [in the Mishnah] “How do we roast” (Pesahim, Chapter 7, Mishnah 3), that they rubbed it/basted it in the oil of priest’s due and if there was a group of Kohanim present, they would consume it.

נחתום – he cools off his hands with them at the time that he forms the Matzah.

ישפכו – in a declivity so that they will not remain gathered in one place and become leavened.