Mishnah Pesachim Chapter 8
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הָאִשָּׁה בִּזְמַן שֶׁהִיא בְּבֵית בַּעְלָהּ, שָׁחַט עָלֶיהָ בַּעְלָהּ וְשָׁחַט עָלֶיהָ אָבִיהָ, תֹּאכַל מִשֶּׁל בַּעְלָהּ. הָלְכָה רֶגֶל רִאשׁוֹן לַעֲשׂוֹת בְּבֵית אָבִיהָ, שָׁחַט עָלֶיהָ אָבִיהָ וְשָׁחַט עָלֶיהָ בַּעְלָהּ, תֹּאכַל בִּמְקוֹם שֶׁהִיא רוֹצָה. יָתוֹם שֶׁשָּׁחֲטוּ עָלָיו אַפֹּטְרוֹפְּסִין, יֹאכַל בִּמְקוֹם שֶׁהוּא רוֹצֶה. עֶבֶד שֶׁל שְׁנֵי שֻׁתָּפִין, לֹא יֹאכַל מִשֶּׁל שְׁנֵיהֶן. מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶן חוֹרִין, לֹא יֹאכַל מִשֶּׁל רַבּוֹ:
A woman — so long as she is in her husband's house — if her husband slaughtered for her and her father slaughtered for her, she eats of her husband's, [so long as she did not specify that she wished her father's. For it is assumed that she wishes to be numbered with her husband's.] If she had gone to spend the first festival [after her wedding] in her father's house, [this being the custom] — if her father slaughtered for her and her husband slaughtered for her, she eats where she likes. [This, in an instance where she had not been in the habit of always "running" to her father's house until now, so that we are in doubt as to her preference.] An orphan for whom caretakers slaughtered [If he had two caretakers and each numbered him for his Pesach], he eats wherever he wishes. A bondsman of two partners eats of neither. [For who granted that the one's half be numbered with the other? There is no amendment for him unless the two agree that he be numbered with one of them.] One who is half bondsman-half free does not eat of his master's, [but of his own. For since the halachah is that we compel his master to write him a writ of emancipation, even though he has not yet been freed, he is regarded as freed and eats of his own.]
הָאוֹמֵר לְעַבְדּוֹ, צֵא וּשְׁחֹט עָלַי אֶת הַפֶּסַח, שָׁחַט גְּדִי, יֹאכַל. שָׁחַט טָלֶה, יֹאכַל. שָׁחַט גְּדִי וְטָלֶה, יֹאכַל מִן הָרִאשׁוֹן. שָׁכַח מָה אָמַר לוֹ רַבּוֹ, כֵּיצַד יַעֲשֶׂה, יִשְׁחַט טָלֶה וּגְדִי וְיֹאמַר, אִם גְּדִי אָמַר לִי רַבִּי, גְּדִי שֶׁלּוֹ וְטָלֶה שֶׁלִּי. וְאִם טָלֶה אָמַר לִי רַבִּי, הַטָּלֶה שֶׁלּוֹ וּגְדִי שֶׁלִּי. שָׁכַח רַבּוֹ מָה אָמַר לוֹ, שְׁנֵיהֶם יֵצְאוּ לְבֵית הַשְּׂרֵפָה, וּפְטוּרִין מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי:
If one said to his bondsman: Go and slaughter the Pesach for me — if he slaughtered a kid, he [the master] may eat it [even though on all the other festivals he was accustomed to use a lamb. Since he did not specify, (it is assumed that) he relies upon him.]; if he slaughtered a lamb, he may eat it. If he slaughtered a kid and a lamb, he eats of the first [and he burns the second. The gemara construes this as applying only to king and queen — some say (that the rationale of their eating the first, etc. is) the fostering of peace in the kingdom; others, because they rely upon their bondsmen and are not particular as to whether they eat kids or lambs. Therefore, not being particular, they eat of the first, fulfilling the obligation therewith. But men in general, who are particular, may eat neither of the first nor of the second, the ruling being that one may not be numbered on two Pesachim at the same time to eat of whichever he likes. For there is no breirah (retroactive discrimination), so that when he wishes to eat of the one, we entertain the reservation that perhaps at the time of slaughtering he did not intend that one.] If he forgot what his master had told him [i.e., He told him "kid" or "lamb," but he forgot which], what does he do? He slaughters the lamb and the kid and says: "If my master said 'kid,' the kid is his and the lamb is mine; and if my master said 'lamb,' the lamb is his and the kid is mine." [The gemara construes this as an instance of one's having gone to a shepherd who was his master's familiar and who, desiring his (the master's) amendment, said to him (the servant): "If your master said 'kid,' the kid is his and the lamb is yours on condition that your master have no rights in it," in which instance the bondsman acquires it. For if not so, whatever the bondsman acquires is acquired by the master, so that both would be his master's.] If his master forgot what he had said to him, both (kid and lamb) are burned, and they (master and bondsman) have no Pesach sheni obligation. [For even though both are burned and not eaten because those numbered for them cannot be discriminated, still, the slaughtering and the sprinkling were valid, one (animal) for one; the other, for the other — as manifest to Heaven.]
הָאוֹמֵר לְבָנָיו, הֲרֵינִי שׁוֹחֵט אֶת הַפֶּסַח עַל מִי שֶׁיַּעֲלֶה מִכֶּם רִאשׁוֹן לִירוּשָׁלַיִם, כֵּיוָן שֶׁהִכְנִיס הָרִאשׁוֹן רֹאשׁוֹ וְרֻבּוֹ, זָכָה בְחֶלְקוֹ וּמְזַכֶּה אֶת אֶחָיו עִמּוֹ. לְעוֹלָם נִמְנִין עָלָיו עַד שֶׁיְּהֵא בוֹ כַזַּיִת לְכָל אֶחָד וְאֶחָד. נִמְנִין וּמוֹשְׁכִין אֶת יְדֵיהֶן מִמֶּנּוּ עַד שֶׁיִּשָּׁחֵט. רַבִּי שִׁמְעוֹן אוֹמֵר, עַד שֶׁיִּזְרֹק עָלָיו אֶת הַדָּם:
If one said to his sons: "I am slaughtering the Pesach for the one of you who comes up first to Jerusalem" [This, in order to spur each one to be first (In truth, he numbers all of his sons for the Pesach. It is just that the one who comes up first attains to it first, and all of his brothers attain to it through him)] — as soon as the head and greater part of the first enters, he attains to his portion and all the others attain (to theirs) through him. One can be numbered for it so long as there is an olive-size for each one (who is numbered). One can be numbered for it and withdraw until it is slaughtered. R. Shimon says: until the blood is sprinkled [i.e., one can withdraw even after it is slaughtered so long as the blood has not yet been sprinkled. And R. Shimon concedes that one can be numbered for it only until it is slaughtered.]
הַמַּמְנֶה עִמּוֹ אֲחֵרִים בְּחֶלְקוֹ, רַשָּׁאִין בְּנֵי חֲבוּרָה לִתֵּן לוֹ אֶת שֶׁלּוֹ, וְהוּא אוֹכֵל מִשֶּׁלּוֹ, וְהֵן אוֹכְלִין מִשֶּׁלָּהֶן:
If one [of the company] numbered others together with him for his portion [without the knowledge of the company], the members of the company are permitted to give him his (portion). He eats of his and they eat of theirs. [They are permitted to tell him: "Take yours and leave, and you and your friends eat," the members of the company not desiring so many individuals in their midst. (This tanna holds that one Pesach may be eaten in two companies)].
זָב שֶׁרָאָה שְׁתֵּי רְאִיּוֹת, שׁוֹחֲטִין עָלָיו בַּשְּׁבִיעִי. רָאָה שָׁלֹשׁ, שׁוֹחֲטִין עָלָיו בַּשְּׁמִינִי שֶׁלּוֹ. שׁוֹמֶרֶת יוֹם כְּנֶגֶד יוֹם, שׁוֹחֲטִין עָלֶיהָ בַשֵּׁנִי שֶׁלָּהּ. רָאֲתָה שְׁנֵי יָמִים, שׁוֹחֲטִין עָלֶיהָ בַשְּׁלִישִׁי. וְהַזָּבָה, שׁוֹחֲטִין עָלֶיהָ בַשְּׁמִינִי:
If a zav had two sightings, [in which instance he is unclean for seven days and does not require an offering (of atonement)], it (the Pesach) may be slaughtered for him on the seventh day [even though "his sun did not set" (this, provided that he immerse at the time of slaughtering), for he is fit to eat it at night. For it is only one who is unclean through a dead body, whose seventh day falls out on the fourteenth, who is pushed off to Pesach sheni, even though he is fit to eat it at night, as it is written (Numbers 9:6): "And there were men who were unclean by the body of a man, and they could not make the Pesach on that day" — They could not do so on that day, but they could eat the Pesach in the evening — and they were pushed off to Pesach sheni. But for other types of uncleanliness, if he is fit to eat it in the evening, it is slaughtered for him, even though his sun has not set.] If he had three sightings, [in which instance he is not fit to eat until he brings atonement (offerings)], it is slaughtered for him on his eighth day [i.e., if his eighth day fell out on Pesach eve, even if he did not bring his atonement (this, on condition that he give his (atonement) offerings to beth-din.)] A woman who observes day (of cleanliness) against day (of uncleanliness) [i.e., if she had a sighting in the eleven days between one niddah sequence and the next, in which instance she must count the next day (as a day of cleanliness)], it is slaughtered for her on her second day [i.e., on the day of her counting. For once she counts part of the day, she is permitted to immerse. And even though her sun has not set, it is slaughtered for her.] If she had sightings on two (consecutive) days, it is slaughtered for her on the third day. And a zavah [i.e., if she saw three consecutive days within the eleven days, in which instance she must count seven clean days and bring an offering (of atonement)], it is slaughtered for her on the eighth day.
הָאוֹנֵן, וְהַמְפַקֵּחַ אֶת הַגַּל, וְכֵן מִי שֶׁהִבְטִיחוּהוּ לְהוֹצִיאוֹ מִבֵּית הָאֲסוּרִים, וְהַחוֹלֶה וְהַזָּקֵן שֶׁהֵן יְכוֹלִין לֶאֱכֹל כַּזַּיִת, שׁוֹחֲטִין עֲלֵיהֶן. עַל כֻּלָּן אֵין שׁוֹחֲטִין עֲלֵיהֶן בִּפְנֵי עַצְמָן, שֶׁמָּא יָבִיאוּ אֶת הַפֶּסַח לִידֵי פְסוּל. לְפִיכָךְ אִם אֵרַע בָּהֶן פְּסוּל, פְּטוּרִין מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי, חוּץ מִן הַמְפַקֵּחַ בַּגַּל, שֶׁהוּא טָמֵא מִתְּחִלָּתוֹ:
The Pesach offering is slaughtered for: an onan (a mourner) [So long as his dead one has not been buried, he is called an "onan." And after burial, the entire day of death, he is called an onan. On the night following, he is "onan miderabanan" (an onan by rabbinic ordinance). And they (the rabbis) did not establish their words in the face of kareth vis-à-vis the Pesach. Therefore, it is slaughtered for him, for by Torah law he is fit (to eat it)], and one who digs out a mound (of debris) [which has fallen on one, and it is not known whether he will be found alive or dead. The Pesach is slaughtered for him (the one who digs out the mound), for he is in a status of "clean" until it be known that he has become unclean.] Likewise, one who was promised to be freed from prison, and a sick or an old man who are able to eat an olive-size. ("It is slaughtered for them":) in the company of others. It is not slaughtered for any of them by themselves, lest they bring the Pesach to psul (a state of unfitness) [i.e., lest the onan in his preoccupation become unclean through his dead one, and lest the one who digs out the mound find the one buried under it to be dead, in which instance he (the first) is found to have "tented" over uncleanliness, and lest the imprisoned one not be released. We are speaking of a prison of idolators, where even if they had promised to release him, we fear that they will not do so — (Psalms 144:8): "…whose mouths speak deceit, etc." But if one is imprisoned by Israel (i.e., by beth-din), e.g., to force him to divorce a woman who is unfit for him or to pay money (that he owes), it is permitted to slaughter for them even by themselves if they promised to release them — for (Tzephaniah 3:13): "the remnant of Israel … will not speak deceit." And if the prison were in Jerusalem, even if they were imprisoned by idolators, the Pesach may be slaughtered for them alone, for it can be brought to the prison and eaten there. And it is not slaughtered for the sick and the old by themselves lest their illness become aggravated and they not be able to eat an olive-size.] Therefore, [since when it was slaughtered for them they were fit, and the blood was sprinkled for them], if they became unfit [as explained above], they do not have a Pesach sheni obligation — except for the one who dug out a mound, [under which a dead man was found, in which instance he does have a Pesach sheni obligation], for he was unclean from the beginning [i.e., before it was slaughtered; for he "tented over the uncleanliness from the time he began digging. This, if the mound were round, in which instance he definitely "tented" over it from the beginning; but if it were straight, it may be that at the time of slaughtering he had not yet tented over the uncleanliness, in which instance he has no Pesach sheni obligation.]
אֵין שׁוֹחֲטִין אֶת הַפֶּסַח עַל הַיָּחִיד, דִּבְרֵי רַבִּי יְהוּדָה. וְרַבִּי יוֹסֵי מַתִּיר. אֲפִלּוּ חֲבוּרָה שֶׁל מֵאָה שֶׁאֵין יְכוֹלִין לֶאֱכֹל כַּזַּיִת, אֵין שׁוֹחֲטִין עֲלֵיהֶן. וְאֵין עוֹשִׂין חֲבוּרַת נָשִׁים וַעֲבָדִים וּקְטַנִּים:
A Pesach is not slaughtered for an individual, [it being written (Deuteronomy 16:5): "You may not sacrifice the Pesach b'achad…", i.e., "beyachid" ("for an individual")]. These are the words of R. Yehudah. R. Yossi permits it. The Pesach is not slaughtered even for a company of a hundred who cannot eat an olive-size. [R. Yossi says this. That is, the criterion is eating (and not number). If one individual can eat an olive-size, a Pesach is slaughtered for him. If there are a hundred, none of whom can et an olive-size, the Pesach is not slaughtered for them. The halachah is in accordance with R. Yossi.] A company is not made of women, bondsmen, and minors [to slaughter the Pesach. Women and bondsmen in one company — for fear of sexual license. Minors and bondsmen in one company — for fear of promiscuity, i.e., homosexuality. But women and bondsmen may form companies by themselves.]
אוֹנֵן טוֹבֵל וְאוֹכֵל אֶת פִּסְחוֹ לָעֶרֶב, אֲבָל לֹא בַקָּדָשִׁים. הַשּׁוֹמֵעַ עַל מֵתוֹ, וְהַמְלַקֵּט לוֹ עֲצָמוֹת, טוֹבֵל וְאוֹכֵל בַּקָּדָשִׁים. גֵּר שֶׁנִּתְגַּיֵּר בְּעֶרֶב פֶּסַח, בֵּית שַׁמַּאי אוֹמְרִים, טוֹבֵל וְאוֹכֵל אֶת פִּסְחוֹ לָעֶרֶב. וּבֵית הִלֵּל אוֹמְרִים, הַפּוֹרֵשׁ מִן הָעָרְלָה כְּפוֹרֵשׁ מִן הַקָּבֶר:
An onan immerses and eats his Pesach at night, [Torah aninuth (mourning) obtaining only in the daytime, viz. (Leviticus 10:19): "…and if I had eaten a sin-offering this day, etc." — the day is forbidden; the night is permitted. And he requires immersion: Because kodshim had been forbidden to him until now, the rabbis required that he immerse. But an onan may not eat other kodshim (aside from Pesach) at night, for night-aninuth is forbidden (in kodshim) by rabbinic ordinance. But vis-à-vis Pesach, the rabbis did not establish their words in the face of kareth.], but not (other) kodshim, [for the eating of other kodshim is only an aseh (a positive commandment), viz. (Exodus 29:33): "And they shall eat those things with which atonement was made."] If one hears about his dead one (i.e., that one of his close kin has died), [(On the day of his hearing, he is an onan derabanan)], and, [likewise], if one gathers the bones [of his father or mother (— it is stated in Moed Katan that he mourns them the entire day and does not mourn them at night)], he immerses and eats kodshim at night, [for in the daytime itself, he is only an onan derabanan]. If one becomes a proselyte on Pesach eve, Beth Shammai say: He immerses and eats his Pesach at night. Beth Hillel say: One who separates from the foreskin is as one who separates from the grave, [and he requires sprinkling on the third and seventh days. Beth Shammai and Beth Hillel differ only in respect to an uncircumcised gentile, who circumcised himself on the fourteenth (of Nissan), Beth Hillel holding — a decree, lest he become unclean the next year and say: "Last year I was not cleaned of all my uncleanliness until the day of Pesach eve, when I immersed and ate — now, too, I will immerse and eat" — not realizing that the preceding year, having been a gentile, he had not acquired uncleanliness, and that now, being a Jew, he does acquire uncleanliness. And Beth Shammai hold that we do not decree thus. But in respect to an uncircumcised Jew (as when his brothers died because of circumcision), all agree that he immerses and eats his Pesach at night, and we do not decree "an uncircumcised Jew by reason of an uncircumcised gentile."]