Comentário sobre Pessachim 4:10
Bartenura on Mishnah Pesachim
מקום שנהגו עד חצות – until half the day.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
Through the middle of mishnah five this chapter deals with customs which differ from place to place. The basic attitude of the Mishnah is that local customs are acceptable, so long as they are not opposed to halakhah. However, complications will arise when people from a place with one custom come to a place with a different custom. This is the specific problem with which our mishnah deals.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
שלא לעשות – in order that he not be busily engaged by his work and he would forget the [obligation of] ridding of the leavened products and the sacrifice of the Passover offering and the preparation of the Matzah for the Mitzvah [of the Seder].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In a place where it is the custom to do work on the eve of Pesah until midday one may do work; where it is the custom not to do work, one may not do work. Of all the different customs which the first five mishnayot of our chapter will discuss, this is the only one that is connected to Pesah. It is because this collection begins with a custom related to Pesah that the mishnah is found here in Pesahim. In some places it was customary not to work on the morning before Pesah. This was to make sure that people didn’t forget to burn their chametz on time. People who live in a place with such a custom should not work at all on this day. However, people who live in a place where the custom is to do work on the morning before Pesah may indeed work. In any case, even in a place where they are accustomed to work on the eve of Pesah, they only work until midday. Since the Pesah sacrifice could be offered any time after midday, the sages treated this part of the day as if it were a holiday unto itself and they forbade a person to work. Even after the Pesah sacrifice could no longer be offered this prohibition remained in its place. We should note that on the eve of Shabbat and other holidays the sages ruled that it was forbidden to do work from minchah time (the late afternoon) and onward. On Pesah they were stricter and forbade work from midday.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
אל שינה אדם – this is how it should be understood: A person who walks from a place where they don’t do [work] to a place where the do [work], they should place upon him the stringencies of the place where he left from there and not do it (i.e., work), and that is what we hold: A person should not vary from the local custom of the city, it is not because of disputes for here there is no dispute. For what that you said: A person sees him idle would say that this one who is idle is because work is forbidden and that he disputes against all of us; he did not say this, but rather he said: he has no work for how many idle individuals are there in the marketplace all the days of the year. And that which we teach [in this Mishnah] that we lay upon him the strict rules followed in the place from which he has gone forth, is not [in effect] other than when it at the time when it is his intention to return to his place; but if he does not have the intention to return to his place, he practices according to the custom of the people of the place where he went to , whether for leniencies or for stringencies.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
He who goes from a place where they work to a place where they do not work, or from a place where they do not work to a place where they do work, they place upon him the restrictions of the place from where he departed and the restrictions of the place to where he has gone. As is clear when you read this section carefully, whether he comes from a place that doesn’t do work or goes to a place that doesn’t do work, he won’t be allowed to do work on the eve of Pesah. No matter where he is or where he is from, he is always subject to the stricter rule.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
And a man must not act differently [from local custom] on account of the quarrels [which would ensue]. If by not observing the local custom he will cause quarrels then he should not act differently. The simplest meaning of this line is that even if he is going from a place that does not do work to a place that does do work, he should do work if by refraining from work he would cause people to quarrel. In other words, the mishnah wants to make sure that when a person is visiting another place, his customs don’t make other people feel that he is trying to act “holier than thou”. If this will give that impression, then he should observe the local custom.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
המוליך פירות שביעית ממקום שכלו – to a beast from the field and the people of his place are liable to remove it from the house. And they bring this to a place where they had not yet come to an end, and the people of that place are still eating them from that which were brought into the house, and they are liable to remove them because of the stringencies of the place from which they left.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
It is permissible to eat produce which was reaped during the sabbatical year so long as that type of produce is still growing in the fields. Once it no longer grows in the fields it is forbidden to eat it. Our mishnah deals with a person who goes from a place where a certain produce grows in the field to a place where that produce does not grow in the field, or vice versa.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
רבי יהודה אומר אומרים לו צא והבא לך אף אתה – There is a dispute between Rabbi Yehuda and the First Teacher [of the Mishnah] (Pesahim 52a) where one pickles/preserves three kinds of greens in vinegar or in brine to preserve and two of them came to an end for the beast from the field and the third had not yet come to an end. The First Tanna holds that one eats from those which had come to an end with the support of that which had not yet come to an end, since they are in one barrel. And this is astonishing for this thing, from a place where they did not come to an end to a place where they completely came to an end, one is obligated to remove them. But, if all of them did not come to an end, but part of them, one can eat even from the species that had come to an end all the while that all of them had not coe to an end. And one eats on support of the final ones. But Rabbi Yehuda states: We say to him: Go and bring some for yourself – even you, from that species that was completed, like this person brought and it would not be found. Therefore, one does not eat other than from the species that has not yet completed, for we don’t eat from those species that were completed through the support of the species that was not yet completed. And one is obligated to remove those species that were completed. And the Halakha is according to Rabbi Yehuda that refers to the approach of Rabban Gamaliel where the Halakha is according to him in the Tractate Sheviit (chapter 9), the “Chapter of Rue.”
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Similarly, he who transports sabbatical year produce from a place where it has ceased [to exist in the field] to a place where it has not ceased or from a place where it has not ceased to a place where it has ceased, he is bound to remove it. Again, the mishnah rules that one who travels from one place to another follows the stricter rule. If for instance he is traveling from Hebron where bananas are still in the field, to Bet El, where they are no longer in the field, he must remove the bananas he brings with him. Similarly, if he travels from Bet El which has no bananas in the field (yes, they have no bananas) to Hebron, where the bananas are still thriving, he must still get rid of his bananas because in his home town he can’t have them.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Rabbi Judah says: he can say to them “You can go out too and bring [produce] for yourself.” Rabbi Judah says that if he goes from a place that has a certain bananas in the field to a place that doesn’t he can still eat the bananas because he can say to the people of the other place, you can go back to my place where you can eat them as well as I can. According to Rabbi Judah this is not an issue of following the local custom, as was the issue in yesterday’s mishnah. Rather he understands that the prohibition is to eat produce from a field when that produce no longer grows in that area. Therefore, in our example above, it is only forbidden to eat Bet El bananas because Bet El has no bananas in the field. To eat Hebron bananas is okay, even in Bet El. [Note, I have explained this section according to Albeck’s commentary. The Talmud contains different interpretations.]
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
מקום שנהגו שלא למכור – since they were stringent upon themselves perhaps they would come to see a large [animal].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
This mishnah discusses the prohibition of a Jew from selling animals to non-Jews, lest the non-Jews use them for work on the Sabbath. [This same mishnah appeared in Avodah Zarah 1:6. ]
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ובכל מקום אין מוכרים להם בהמה גסה – since the Rabbis made a decree lest a person lend out or rent his animal to idolaters, and a person is commanded on resting of his animal. Alternatively, sometimes that he sells it on the eve of the Sabbath (i.e., Friday) at dusk and the Jew cries to it (i.e., the animal) in order that it should go before the purchaser and she reis animal on Shabbat recognizes his (i.e., the former owner’s) voice and she goes from his anger, and it is found that he directs a laden beast’s motions by walking behind it on Shabbat.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In a place where it is the custom to sell small domesticated animals to non-Jews, such sale is permitted; but where the custom is not to sell, such sale is not permitted. The Torah teaches on several occasions that an animal must rest on the Sabbath (see for instance Exodus 20:9). Our mishnah prohibits a Jew from selling an animal to a non-Jew, lest the non-Jew use the animal for work on the Sabbath. Small animals, such as sheep and goats, are not used for work. Therefore in a place where it is customary to sell them to non-Jews it is permitted to do so. In other places it was customary not to sell even small animals to non-Jews, lest the Jew become confused and sell them large animals, which is prohibited in all places.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
עגלים וסייחין – small, even though they are not doing work, they are exchanged through the sale of larger animals and broken animals are exchanged with the sale of whole animals.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In no place however is it permitted to sell large animals, calves or foals, whether whole or maimed. It is forbidden in all places to sell large animals, such as oxen and horses, to non-Jews since they will be used to perform work on the Sabbath. Even though once the non-Jew buys the animal it is no longer a “Jewish” animal and hence the Shabbat prohibitions apply to it, the mishnah still prohibits the sale because sometimes a Jew might give the animal for a trial period and then the non-Jew might return it. In such a situation, the animal still belongs to the Jew and should not work on Shabbat. The prohibition of selling animals includes calves and foals, even though they do not usually perform work.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
רבי יהודה מתיר בשבורה – that is never capable of working ever. But calves and foals, he admits, that since when they grow, they are capable of working. But the Halakha is not according to Rabbi Yehuda.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Rabbi Judah permits in the case of a maimed one. Rabbi Judah allows one to sell injured animals to non-Jews since they are clearly being purchased for their meat and not in order to do work.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
בן בתירא מתיר בסוס – since it stands for riding and the living carries itself, but the Halakha is not according to Ben Beteyra. But via middleman, it is permitted to sell it to an idolater when the owners are not found there at the time of the sale, for one should not suspect lest he lend it out or rent it for it is not his. And lest she should go on the strength of his voice and he is found that he directs a laden beast’s motions for that also, one should not suspect, for she doesn’t recognize his voice.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
And Ben Bateira permits in the case of a horse. Ben Bateira allows the sale of a horse since horses are used for riding, which is not considered by the Rabbis to be work. Pulling plows, a work performed by oxen is considered work.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
מקום שנהגו שלא לאכול – since it appears like one is eating Passover sacrifices outside the land [of Israel].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
The first section of this mishnah deals with eating roasted meat on the eve of the first night of Pesah. The second section deals with lighting a lamp on the eve of Yom Kippur.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
שנהגו להדליק את הנר ביום הכפורים – because on Yom Kippur it is prohibited to engage in sexual relations, and all the time that the candle is kindled, they would not engage [in sexual relations] as it is prohibited for a person to engage in sexual relations by the light of a candle.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In a place where it is the custom to eat roasted [meat] on the night of Pesah, they may eat [it]; where it is the custom not to eat [it], they may not eat [it]. The Pesach sacrifice must be eaten roasted (Exodus 12:8). After the Temple was destroyed, the some of the sages wanted to emphasize to people that it was forbidden to offer a Pesach sacrifice without a Temple. Hence, they forbade people from eating a roasted lamb on this night. When we learn tractate Betzah, we will see that some sages allowed the eating of a roasted lamb. In any case, according to all of the sages, eating roasted meat was not strictly prohibited and was tied to local custom. Those who lived in a place where they ate eat roasted meat (other than lamb) could do so, but those who lived in a place without such a custom were prohibited because it was thought that this might lead people to think that they were eating the Pesach sacrifice.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
שנהגו שלא להדליק – lest he see his wife and she finds favor in his eyes and he engages in sexual relations.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In a place where it is the practice to light a lamp [at home] on the night of Yom Kippur, they may light; where it is the practice not to light, they may not light. On the eve of Shabbat and festivals it is obligatory to light a Shabbat candle. This is part of the mitzvah to enjoy Shabbat it is more pleasurable to sit in the light than to sit in dark. However, on Yom Kippur, when we are not commanded to enjoy ourselves, lighting a candle was not obligatory but rather tied to local custom. Some lit candles as they did on other holidays, while others did not. It is explained that those who did not thought that the light might lead couples to have sexual relations, which are prohibited on Yom Kippur.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ומדליקין בבתי כנסיות – and in every place where men and his wife are not together [alone] there.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
And they light [lamps] in synagogues, study-houses, and dark alleys, and for the sake of invalids. In public places, such as synagogues and study-houses and in places that need light, such as dark alleys, they lit lamps on Yom Kippur. Those who prohibited it only prohibited within the home. Finally, if there was a sick person who needed light for whatever reason, they of course lit one for him.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
תלמידי חכמים בטלים – [Sages are idle] from their work all that day, in order that their attentions would not be diverted from mourning.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
This is the last mishnah to note different customs in different places. It returns to the original topic of the chapter doing work on semi-holidays. The first section of the mishnah deals with the ninth of Av, a day of mourning commemorating the destruction of both Temples, while the second section returns to discuss the day before Pesah, the very topic that was discussed above in mishnah one. The fact that the mishnah returns to the same subject with which it began is a sign of its careful editing.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
לעולם יעשה אדם עצמו כתלמיד חכם – and it does not appear like haughtiness, for a person who sees him idle would say that he has no work to do and not because he practices a prohibition upon himself.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
In a place where it is the custom to do work on the ninth of Av, one may do it; where it is the custom not to do work, one may not do it. And in all places students of sages desist [from work on that day]. Rabban Shimon ben Gamaliel said: a man should always make himself a student of sages. The ninth of Av is not a festival such that it is strictly forbidden to do work on that day. Rather just as it is not appropriate for a mourner to work, so too in some places it was felt that it was not appropriate to work on this day. However, others allowed work on the ninth of Av. According to this position the mourning for the Temple is not the same as normal mourning since the tragedy has long passed. Even in places where work is allowed, students of sages (alternatively we might understand “talmidei hachamim” as referring to sages themselves) should not work. Their extra devotion to the Torah demands of them an extra observance of this day as well. Rabban Shimon ben Gamaliel says that everyone should strive to act like students of the sages and not work on the ninth of Av. Such behavior is not considered to be overly arrogant.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
וחכמים אומרים ביהודה – The Sages hold that doing work on the eve of Passover is not something dependent upon a custom but rather in Judea, they would permit it and in the Galilee, it would be a complete prohibition, and not from the strength of the custom.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
But the sages say: In Judea they used to do work on the eve of Pesah until midday, while in Galilee they did not work at all. The sages here disagree with the mishnah in the beginning of the chapter. According to the sages, working on the eve of Pesach is not dependent on local custom, as was described above. Rather, in Judea they allowed people to work until midday, whereas in the Galilee they forbid work the whole day. Some explain that in this mishnah the sages explain the first mishnah above. When the mishnah said that there were places with different customs it meant, according to the sages, that these customs differed between Judea and Galilee.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
הלילה – the night of the fourteenth [of Nisan]; for the people of the Galiele who prohibit doing work on the eves of Passover.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
[With regard to] the night: Beth Shammai forbid [work], but Bet Hillel permit it until sunrise. In this section Beth Shammai and Bet Hillel debate what the custom was in Galilee, where they did not work on the eve of Pesah. According to Bet Shammai, this prohibition included working on the night before Pesah (the night before the seder), whereas Bet Hillel held that the prohibition of work did not begin until sunrise on the fourteenth.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ב"ש אוסרים – [prohibits] them like the other Holy days where it is prohibited to do work for the night follows after the day.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
וב"ה מתירים – something that resembles a fast [day] where the day is prohiibred in eating and in the nighttime it is permissible.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
כל מלאכה – [all work] which is for the needs of he Festival/Holiday and he began it prior to the fourteenth [of Nisan] may complete it on the fourteenth. And even in a place where they had the practice of not doing work. But work that is not for needs of he Festival, in a place where it was the practice to do work, they may do it, but I n a place where it was the practice not to do it, even if he began it prior to the fourteenth, he may not complete it.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
According to some commentators, this mishnah teaches that even in places where they did do work on the fourteenth of Nisan, the eve of Pesah, not all types of work were permitted. According to this understanding, the mishnah restricts that which we previously thought was permitted. Others understand this mishnah to refer to places in which work is generally not done. Our mishnah would then teach that in such places while most work is not done, some work may indeed be done. This mishnah then would be allowing that which we thought was prohibited.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
חייטים – are permitted on the fourteenth [of Nisan] in every place, for we found regarding them a leniency even greater than other artisans on the Intermediate Days of the Festival for the commoner who is not an artisan in this sews/mends in the normal manner. Therefore, on the fourteenth [of Nisan] which is more lenient than the Intermediate Days of the Festival, even an artisan is also permitted.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Rabbi Meir says: any work which he began before the fourteenth, he may finish it on the fourteenth; but he may not begin [new work] on the fourteenth, even if he can finish it [on the same day]. According to Rabbi Meir one may complete already-begun work on the fourteenth of Nisan, the eve of Pesah, but one may not start new work. Starting new work is prohibited even if he will be able to finish it before the day is over, or more specifically before midday, at which point all work is prohibited.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
והספרים והכובסים – and similarly one who comes from abroad and one who leaves from prison takes haircuts and does laundry on the Intermediate Days of the Festival, and since we find for them an indirect legal permission on the Intermediate Days of the Festival, on the fourteenth [of Nisan] which is lenient, we permit for the entire world.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
The sages say: three craftsmen may work on the eve of Pesah until midday, and these are they: tailors, hairdressers, and laundrymen. Rabbi Yose bar Judah says: shoemakers too. The sages say that only three types of craftsmen can do work. All other types of craftsmen may not work, even if they can complete their work before midday. All three of these types of work are considered to be essential for the full appreciation of the holiday. Furthermore, these types of work are sometimes allowed even during the intermediate days of the holidays, if they could not have been done before the holiday (we will learn more about this when we learn Moed Katan). Therefore it is allowed on the day before Pesah as well. Rabbi Yose bar Judah adds that shoemakers are allowed to work on the fourteenth because the sages allowed pilgrims to Jerusalem to have their shoes fixed, if they had worn out on their travels to Jerusalem. In any case, even these types of craftsmen can only work until midday.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
אף הרצענים – for similarly those who come up [to Jerusalem] for the Festival repair their shoes on the Intermediate Days of the Festival. And the Sages hold that we don’t learn beginning the work of shoemakers who make new shoes first from the end of work the repair of shoes of those who go up [to Jerusalem] for the Festival. And the Halakha is according to the Sages (see Pesahim 55b).
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
מושיבין שובכין – (Possible misinterpretation by Bartenura here – as the Mishnah is clearly speaking of chicken-coops). Dove cotes on which they would sit to raise the young birds, we place them there ab initio on the fourteenth [of Nisan].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
This mishnah continues to deal with work that is permitted on the fourteenth of Nisan.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ותרנגולת שברחה – on the Intermediate Days of the Festival [of Passover] whereas on the fourteenth, now that they have restore the coops, you might say that they are permissible ab initio, it is needed to return them, but rather, he said that the chickens who fled on the Intermediate Days of the Festival, we return them. For this is the case where she (i.e., the hen) has sat on the eggs for three days prior to fleeing , for the eggs are not appropriate for eating and it is a business which cannot be postponed without irretrievable loss (see Moed Katan 11a). Therefore, if it died, we sit another in its place because of the [potential] loss of the eggs.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
They may set up chicken-houses for fowls on the fourteenth; and if a fowl ran away, one may return her to her place; and if she died, one may set another in her place. According to Rashi this clause means that it is permitted to put eggs under hens so that the eggs will stay warm and eventually hatch. Others explain that this clause refers to fixing nests for newly-born domesticated fowl. In any case, from the context of the rest of the mishnah, it is clear that there is some immediate need being referred to. Albeck explains that the mishnah repeats “on the fourteenth” in order to emphasize that it is permitted to do this all day, and not just until midday, because this is not actually work. If a chicken ran away from sitting on her eggs, one may return her to her spot because the eggs need to be kept warm. This too is not actually work but is rather merely laborious. Similarly, if a chicken who was sitting on her eggs died, a new one may be put in her place.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
גורפין – throw/cast outside.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
They may sweep away [the manure] from under an animal’s feet on the fourteenth, but on the festival one may only move it to the side. It is allowed on the fourteenth (all day) to clean up the manure that has accumulated under an animal and to bring the manure out to the garbage pile. However, on the intermediate days of the festival, when work is more prohibited, it is only permissible to move it to the sides. To completely remove it is forbidden. Note that the mishnah compares here the laws concerning the fourteenth with those concerning the intermediate days of the festival. This comparison is emphasized because they are both “grayish” areas of halakhah some things are permitted and some are not, and sometimes the same work may under certain circumstances be permitted and under other circumstances be forbidden.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ובמועד – which is more stringent, we don’t cast them outside, but rather remove them to the sides.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
They may take vessels to and bring them back from a craftsman’s house, even if they are not required for the festival. One can bring things to a craftsman’s house to be fixed or worked on and one can pick up things from his house that have already been completed. This is permissible even if these things are not necessary for the holiday. In contrast, on the intermediate days of the festival it is forbidden to bring things to a craftsman house even if they are needed for the festival and it is forbidden to pick things up unless they are necessary for the holiday. We can see that the laws concerning the fourteenth are more lenient.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ומביאין כלים מבית האומן – on the fourteenth [of Nisan] and even though it is not for the needs of the Festival.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
עשו אנשי יריחו – it was the practice of the people of Jericho to do.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Introduction
This mishnah relates to six practices observed by the inhabitants of Jericho three against which the sages protested and three against which they did not. The reason that the mishnah is here in this chapter is that the first thing that these people did is connected to the issue of work on the eve of Pesah, the main topic of our chapter.
We should note that we hear in this mishnah of groups of Jews who did not necessarily listen to the rabbis (this shouldn’t really be surprising). The rabbis protest against some of their practices, and live with other ones. We have no idea whether the rabbis’ protests caused the people of Jericho to change their behavior. We should always remember that when we read Mishnah we are learning how the rabbis envisioned the Jewish world to be we are not learning what it was really like.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
מרכיבין דקלים – a soft branch of a male palm tree they graft it with a female palm tree, since the male makes fruit and the female does not make fruit.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Six things the inhabitants of Jericho did: against three they [the sages] protested, and against three [they] did not protest.
And these are those against which they did not protest: They grafted palm trees all day [on the eve of Pesah]; They ‘wrapped up’ the Shema; And they harvested and stacked [their produce] before [the bringing of] the ‘omer. And [for these] they did not protest. In this section the mishnah lists practices that the sages did not protest. 1) Jericho is a region in which many date-trees grow. In the spring they would graft these trees in order to improve them. Even though they did this work all day, the sages did not protest because there is a lot of pressure to get this work done in the correct season. 2) There are two interpretations for what it means to “wrap the Shema”. According to one interpretation it means that they would not pause between words, and according to another interpretation they would not say “barukh shem kevod malkhuto leolam vaed” a line normally recited after the first line of the Shema. Although one should not do either of these practices, the sages still did not feel the need to protest against them. 3) According to the sages, the omer (first grains) are brought on the second day of Pesah. Until this time it is forbidden to harvest the wheat (see Leviticus 23:10). Nevertheless, the people of Jericho would harvest the wheat and stack it, before the omer was brought. The Talmud explains that it is indeed permissible to harvest the type of wheat which grows in the Jericho region, so the sages did not protest the harvesting itself. However, stacking the harvested wheat is prohibited and it is against the stacking that they did protest.
And these are those against which they did not protest: They grafted palm trees all day [on the eve of Pesah]; They ‘wrapped up’ the Shema; And they harvested and stacked [their produce] before [the bringing of] the ‘omer. And [for these] they did not protest. In this section the mishnah lists practices that the sages did not protest. 1) Jericho is a region in which many date-trees grow. In the spring they would graft these trees in order to improve them. Even though they did this work all day, the sages did not protest because there is a lot of pressure to get this work done in the correct season. 2) There are two interpretations for what it means to “wrap the Shema”. According to one interpretation it means that they would not pause between words, and according to another interpretation they would not say “barukh shem kevod malkhuto leolam vaed” a line normally recited after the first line of the Shema. Although one should not do either of these practices, the sages still did not feel the need to protest against them. 3) According to the sages, the omer (first grains) are brought on the second day of Pesah. Until this time it is forbidden to harvest the wheat (see Leviticus 23:10). Nevertheless, the people of Jericho would harvest the wheat and stack it, before the omer was brought. The Talmud explains that it is indeed permissible to harvest the type of wheat which grows in the Jericho region, so the sages did not protest the harvesting itself. However, stacking the harvested wheat is prohibited and it is against the stacking that they did protest.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
כל היום – that is to say, on the fourteenth [of Nisan].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
And these are those against which they did protest: They permitted [for use] the small branches [of sycamore trees] belonging to sacred property, And they ate the fallen fruit from beneath [trees] on Shabbat, and they gave pe’ah from vegetables; And [for these] they did protest. In this section we learn of three practices against which the sages did protest. 1) The people of Jericho would use the small branches of sycamore trees which had been dedicated to the Temple. They reasoned that when these trees were dedicated by their forefathers it was only their trunks which were dedicated because people don’t usually use the branches. This is how Rashi explains the mishnah. The Rambam explains that they would use that which grew from the tree, reasoning that when the tree was dedicated to the Temple, only the parts that existed at the time of the dedication were sanctified. In any case, the sages felt that once the tree was sanctified none of its parts could be used. 2) Fruit that falls off a tree on Shabbat is muktzeh (forbidden to touch) since it could not be eaten when Shabbat began (reaping is prohibited). The people of Jericho would eat the fruit which they found under the tree even though they didn’t know whether the fruit fell on Shabbat, in which case it is forbidden, or before Shabbat, in which case it is permitted. 3) One is not obligated to leave the corners (pe’ah) of vegetable fields for poor people. The problem with leaving them is that pe’ah is exempt from tithes. When the poor people would eat these vegetables, they would eat them untithed which is prohibited. Against all three of these practices the sages protested.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
וכורכין את שמע – that they would not say: “Praised be the Name of God’s glorious Kingdom forever and ever,” during the recitation of the Shema. Another interpretation. They would not stop between [the word God is] “one” and “you shall love” (Deuteronomy 6:4 and 6:5), for one must lengthen [the word] “one” and to interrupt/stop between the Kingship of Heaven and other things.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
וקוצרין וגודשין – they make a heap [of a stack of grain] from the new grain before the Omer, and we are not troubled that perhaps they might come to eat from it.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ולא מיחו בידם – all these six things that they did, all of them were not done with the Sages’ willingness, but on these they did not reprove them, and on the latter three they reproved them.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
מתירין לאכול גמזיות של הקדש – growth that grew on trees dedicated to the Temple treasury, as they hold that there is no prohibition other than on the fruit itself that had been dedicated to the Temple treasury, and there are books that have the reading, MATZIR (see Melekhet Shlomo, who states that this reading is in error – and should be M’TIZIN/to chop off, cause to fly off), that is to say, they dissect and cut off branches of the trees belonging to the Temple treasury that grew after they had dedicated the tree to the Temple treasury, to benefit from them.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ואוכלין – on Shabbat and Holy Days/Yom Tov [they eat] fruit that were found under the tree and it was not known if they fell from last night and they are permitted, or they fell today and are prohibited.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ונותנים פאה לירק – and we hold for ourselves that every thing where a person does not bring them in for storage (not for immediate use) is not obligated [for the commandment] of [leaving] the corner. And vegetables are a thing that one does not bring them in for storage (not for immediate use).
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
ומיחו בידם חכמים – because they exclude it from the tithes, and the poor eat it while they are eatables forbidden pending the separation of sacred gifts, thinking that it is “Peah”/corner of the field and the corner of the field is exempt from tithes because it is ownerless.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
גירר עצמות אביו – because of atonement. And he did not bury him according to his honor on a nice bier in order that he would be put to shame on his wickedness and that the wicked would be tormented.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Pesachim
Six things King Hezekiah did, concerning three they [the sages] agreed with him, and concerning three they did not agree with him: He dragged his father's bones [corpse] on a rope bier, and they agreed with him; He crushed the bronze serpent, and they agreed with him; He hid the book of remedies, and they agreed with him.
And concerning three they did not agree with him: He cut down the doors of the Temple and sent them to the king of Assyria, and they did not agree with him; He closed up the waters of the Upper Gihon, and they did not agree with him; He intercalated [the month of] Nisan in Nisan, and they did not agree with him.
This mishnah was not originally part of the Mishnah but rather a tannaitic source from the Talmud that was added later into the Mishnah. It is missing from many mishnaic manuscripts. Nevertheless, since it appears in printed editions of the Mishnah, we will treat it as a mishnah.
The “mishnah” is in the same format as yesterday’s mishnah (six things, three of which the sages liked and three that they did not). It relates to King Hezekiah who ruled in Judea in the late 8th century. He is often idealized in the aggadah as a righteous king.
Section one:
1) Hezekiah’s father, Ahaz, was an evil king. Hezekiah did not provide a proper burial for his father (see II Chronicles 29:27) but rather dragged his corpse around on a bier made of ropes. The belief in this mishnah is that this ill treatment would cause posthumous suffering to Ahaz and that this suffering would bring him atonement.
2) Hezekiah crushed the bronze serpent which Moses had made (see Numbers 21:6-9) because Israel was worshipping this serpent (II Kings 18:4).
3) Rashi explains that the reason that Hezekiah hid the “book of remedies” and that the sages agreed with him is that people believed that the remedies were healing and not God. The Rambam vehemently disagrees with this understanding, which he finds to be completely irrational. Would one tell a hungry man not to eat but to rely on God? The Rambam (who was himself a doctor) therefore explains that this book of remedies was really a book of astrology, one which led people away from both rational medicine and from God.
Section two:
1) In order to appease the king of Syria, Hezekiah cut the gold off of the doors of the Temple (II Kings 18:16). The sages did not agree with this action he should have had faith and relied on God to protect.
2) Hezekiah closed up the waters of the Upper Gihon spring so that the Assyrians would not have water (II Chronicles 32:30). The sages did not agree for two reasons: 1) he should have had faith in God; 2) he caused suffering to his own people.
3) About once every three years the Hebrew lunar calendar needs to have an extra month added in order so that it keeps pace with the solar calendar. The way that this is done is by adding an extra month of Adar, the twelfth month of the year (according to the way months are counted in the Bible). Once Nissan has begun (the first month of the year) it is supposed to be impossible to add an extra month. Hezekiah tried to intercalate the year in Nisan, and thereby push off the observance of Pesah for another month (II Chronicles 30:2-3).
And concerning three they did not agree with him: He cut down the doors of the Temple and sent them to the king of Assyria, and they did not agree with him; He closed up the waters of the Upper Gihon, and they did not agree with him; He intercalated [the month of] Nisan in Nisan, and they did not agree with him.
This mishnah was not originally part of the Mishnah but rather a tannaitic source from the Talmud that was added later into the Mishnah. It is missing from many mishnaic manuscripts. Nevertheless, since it appears in printed editions of the Mishnah, we will treat it as a mishnah.
The “mishnah” is in the same format as yesterday’s mishnah (six things, three of which the sages liked and three that they did not). It relates to King Hezekiah who ruled in Judea in the late 8th century. He is often idealized in the aggadah as a righteous king.
Section one:
1) Hezekiah’s father, Ahaz, was an evil king. Hezekiah did not provide a proper burial for his father (see II Chronicles 29:27) but rather dragged his corpse around on a bier made of ropes. The belief in this mishnah is that this ill treatment would cause posthumous suffering to Ahaz and that this suffering would bring him atonement.
2) Hezekiah crushed the bronze serpent which Moses had made (see Numbers 21:6-9) because Israel was worshipping this serpent (II Kings 18:4).
3) Rashi explains that the reason that Hezekiah hid the “book of remedies” and that the sages agreed with him is that people believed that the remedies were healing and not God. The Rambam vehemently disagrees with this understanding, which he finds to be completely irrational. Would one tell a hungry man not to eat but to rely on God? The Rambam (who was himself a doctor) therefore explains that this book of remedies was really a book of astrology, one which led people away from both rational medicine and from God.
Section two:
1) In order to appease the king of Syria, Hezekiah cut the gold off of the doors of the Temple (II Kings 18:16). The sages did not agree with this action he should have had faith and relied on God to protect.
2) Hezekiah closed up the waters of the Upper Gihon spring so that the Assyrians would not have water (II Chronicles 32:30). The sages did not agree for two reasons: 1) he should have had faith in God; 2) he caused suffering to his own people.
3) About once every three years the Hebrew lunar calendar needs to have an extra month added in order so that it keeps pace with the solar calendar. The way that this is done is by adding an extra month of Adar, the twelfth month of the year (according to the way months are counted in the Bible). Once Nissan has begun (the first month of the year) it is supposed to be impossible to add an extra month. Hezekiah tried to intercalate the year in Nisan, and thereby push off the observance of Pesah for another month (II Chronicles 30:2-3).
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
כתת נחש הנחשת – as it is written in Chronicles (2 Kings 18:4 – “He broke into pieces the bronze serpent that Moses had made, for until that time the Israelites had been offering sacrifices to it; it was called Nehushtan”) because they would err after him.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
וגנז ספר רפואות – because their hearts were not humbled by their illnesses but they were healed immediately. And Maimonides explained, that the book of healing, was a book informing of the matters of the forms of the stars and their witchcraft, that a certain form was made at a known time and period while curing from specific illness. And this was close to causing humans to error after idolatry and for that reason, the books were hidden.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Pesachim
עיבר ניסן בניסן – after Nisan had begun, he took counsel and it was made Second Adar, and the Biblical verse states (Exodus 12:2): “This month shall be for you the first of months.” This is Nisan and there is nothing after Nisan, and Hezekiah did not intercalate the year after Nisan had already begun, but on the thirtieth day of Adar, he intercalated the year. And we hold that we do not intercalate the year on the thirtieth of Adar since it is appropriate to establish it as Nisan.
Ask RabbiBookmarkShareCopy
Yachin on Mishnah Pesachim
Ask RabbiBookmarkShareCopy