Mishnah Pesachim
by Jonathan Wolf

(Chapter 3 of 10)

Chapter 3

In this chapter, the mishnah considers the laws regarding a mixture of chametz. In some cases, the final product is not used as food but for cosmetics or medicine.

In the course of their deliberations, the Sages identified different forms of chametz. The first is chametz gamor (complete chametz). This categories is further subdivided into chametz gamor b’ein (pure unadulterated chametz) and chametz gamor al y’dei ta-ah-ruvet (pure chametz mixed with other substances). This second subcategory is likewise further divided based on the percentage of mixed substances in the chametz. If the amount of chametz in the mixture equals the bulk volume of three eggs ( called a cazieitz or olive’s size) , then consuming or possessing that material violates the commandments "leaven shall not be seen…" and "leaven shall not be found…" . If there is less than a cazieitz, the Sages disagree about the laws governing the use and possession of the mixture.

The second type of chametz considered is called chametz noksheh(incomplete chametz). This includes chametz in which the leavening processes was not completed or chametz not fit for consumption. If, however, the leavening process was completed and then the chametz became unfit for consumption, it is considered chametz gamor and subject to the laws governing completed chametz.

Mishnah 1:

These must be removed on Pesach: Babylonian kutach, Median beer, Idumean vinegar, Egyptian Zisom, dyers’ broth, cooks’ dough, and scribe’s paste. Rabbi Eliezer says also women’s cosmetics.

This is a general rule, whatever is of a species of grain, must be removed on Pesach. These are in the category of prohibition but they are not subject to karet.

Commentary:

While the list of products may seem obscure, they share a common factor. All of these materials (some consumable and some not) are all mixtures of chametz. This includes some cosmetics. The gemara discusses the products and it is worthwhile identifying their contents and use. By Rabbinic ordinance, they must be removed "from the world" even if they are not chametz gamor.

Babylonian kutach was a dipping sauce made from sour milk, moldy crusts of bread, and salt. In the days of the Talmud, most beer was brewed from dates. Median beer was brewed from barley. Idumean vinegar was made from wine fermented with barley. Egyptian zisom was a medicinal mixture of barley, saffron, salt and water. It was used as a laxative in Talmudic times. Dyers’ broth (for mixing colors) used bran in the formula. Cooks’ dough (especially leftover dough in pots or the water used by a baker) must be removed because of any leftover chametz. A later mishnah will discuss this in more detail.

The punishment of karet is one meted out by Heaven and not an earthly court. Traditionally, it might include "spiritual excision", "being cut off from the people", or "death at the hands of Heaven".

The Rambam has some additional insight on this matter which finalize some of the halacha regarding a mixture of chametz noksheh:

"A person who possesses a mixture of chametz transgresses the prohibitions of "leaven shall be seen..." and "leaven shall not be found…" because of it; for example: pickle-brine, Babylonian kutach, and Median beer, which are made from flour."

"The same applies to other similar substances which are eaten. However, a substance which contains a mixture of chametz, but is not fit to be eaten, may be kept on Pesach."

"How is the latter principle applied? A tanner’s trough into which one placed flour and animal hides: Even if this was done one hour before the time at which chametz must be destroyed, one may keep it. If one placed flour in the trough without animal hides three days before the time chametz must be destroyed, one may keep it for the chametz has surely become spoiled and rotten. Within three days, one is obligated to destroy it."

"Bread itself which has become moldy and is no longer fit for consumption by a dog, or a compress that has become spoiled, need not be destroyed. Clothes which were washed with starch and similarly papers which were stuck together with chametz, and other like cases, may be kept on Pesach. Their possession does not constitute a violation of the prohibitions…"

(end of the Rambam’s commentary)

Mishnah 2:

When dough remains in the grooves of a kneading trough, if there is as much as an olive’s volume in one place, he must remove it; but if not, it is null because of its insignificance. And likewise, regarding the laws of contamination. If he objects to it, it interposes; but if he desires it to remain, then it is as the trough.

Regarding "deaf" dough, if there is dough similar to it that has already leavened, then it is forbidden.

Commentary:

This is a very confusing mishnah which links the laws of chametz with the complex laws of contamination. The Sages comment that the mishnah is referring to dough which remains in the cracks of the trough and serves to seal up the cracks. If the size of the dough equals a cazieitz, then it must be removed. If it is too small to be of significance, then it need not be removed.

If, however, the dough does not serve to strengthen the utensil, then it must be removed even if it is less than a cazieitz, since the owner may detach it from the utensil and be in violation of the prohibition against chametz.

The law of contamination involves the transfer of contamination(tumah) from food to a utensil. If a sheretz (one of the "creeping" things listed in the Torah ; Vayikra 11:29-30) lands on the dough, then if the size of the dough is greater than a cazieitz, then the dough interposes itself between the sheretz and the utensil. Since, in general, food does not transfer tumah to a utensil, the utensil is still ritually clean. However, if the size of the dough is less than a cazieitz, then there is no interposition and the tumah is transferred to the utensil as if the sheretz landed on it directly.

"Deaf" dough is described in the gemara as dough which when "smacked" makes no sound. The concern here is that there is a batch of dough which has already leavened but exhibits none of the characteristics of leavened dough.

The Rambam comments further on this aspect::

"As long as a person is busy with the dough, even for an entire day, it will not become chametz. If he lifts up his hand and allows the dough to rest so that it rises to the extent that a noise will resound when a person claps it with his hand, it has already become chametz and must be burned immediately. If a noise does not resound and the dough has lain at rest for the time it takes a man to walk a "mil", it has become chametz and must be burned immediately. Similarly, if its surface has become wrinkled to the extent that it resembles a person whose hair stands on end in fright, behold, it is forbidden to eat from it, but one is not liable for karet."

"There were two doughs which people stopped kneading at the same time and left unattended. From one, a sound resounded when clapped. From the other, no sound resounded. Both of them should be burned for behold, they are absolutely chametz."

Mishnah 3:

How do we separate challah from contaminated dough on the festival? Rabbi Eliezer says: She should not designate it with the name (challah) until it is baked. Rabbi Yehudah ben Beseira says: let it be cast into cold water.

Said Rabbi Yehoshua: This is not the leaven concerning which we are warned "It shall not be seen" and "It shall not be found". But he separates it and leaves it until the evening; and if it leavens, it leavens.

Mishnah 4:

Rabban Gamliel says: Three women may knead at the same time and bake in the same oven, one after the other. But the Sages say: Three women may be occupied with dough simultaneously; one kneads, another shapes, and a third bakes. Rabbi Akiva says: Not all women and not all kinds of wood and not all ovens are alike.

This is the general rule: If the dough rises let her wet it with cold water.

Commentary:

We have already learned that challah is separated from dough and given to the kohen. Today, the portion of challah is separated, a blessing is recited, and then burned.

The concern in mishnah 3 with dough that has become contaminated. According to the Torah, contaminated challah is not fit for consumption and cannot be baked for cooking on the festival. On Pesach, the challah is separated and baked immediately before it has time to leaven. It is then given to the kohen.

Furthermore, one cannot lay the challah aside since it will rise and become chametz. It cannot be used for fuel either since we are forbidden from burning sacred food on a festival..

Rabbi Eliezer’s solution is to bake the entire loaf before taking the challah. Since the loaf(when baked) cannot beome chametz, challah can then be taken and burned after pesach.

Rabbi Yehoshua ben besira’s solution is to place the dough in cold water which will stop the leavening process. It must remain in the cold water for the duration of the festival. Afterwords, it may be removed and immediately baked before rising. The kohen is then permitted to use the challah. Rabbi Eliezer rejects this opinion since it is difficult (at least in Talmus times) to maintain the temperature of the cold water. Modern scholars may have a different view and the reader should discuss this aspect with their own rabbi for clarification.

The second Rabbi Yehoshua dismisses the entire problem by asserting that when the Torah prohibits chametz, it was not referring to challah which is in a different class (given its holy status).

Mishnah 4 is concerned with the time delay involved in making bread. We look to the Rambam here for further understanding:

"We do not knead a large dough on Pesach, lest it become chametz. Rather, the size of the dough is confined to the measure for which one is obligated to separate challah."

"We do not knead with hot water, with water heated in the sun, or with water that was drawn on the present day, only with water that has rested for a day. A person who violates this requirement and kneads using one of the above; behold, the baked loaf become forbidden."

"A woman should not sit in the sun and knead, nor should she knead under the open sky on a cloudy day, even in a place where the sun is not shining. She should not leave the dough and become involved in another matter. If she both kneads and bakes, she must have two containers of water, one to smooth the matzah and one to cool off her hands."

"We should not make thick loaves with designs on Pesach, because a woman takes time making them. Thus, the dough will become leavened during that time. Hence, professional bakers are allowed to make such designs, because they are skilled in their craft and quick in its execution."

"The water used to wash one’s hands and the kneading trough after the kneading is completed and, similarly, the water used when kneading-behold, it should be poured out in a place which slopes downward, so it will not collect in one place and become leavened."

(end of the Rambam’s commentary)

Mishnah 5:

Partly leavened dough must be burned, but one who eats it is exempt. Furrowed dough must be burned and one who eats it is liable for karet.

Which dough is classified as "partly leavened"? When the furrows are like locusts’ horns. Which dough is classified as "furrowed"? When the furrows run into each other. These are the words of Rabbi Yehudah. But the Sges say: If one eats either of these, he is liable for karet. If so, which is "partly leavened dough"? Whenever its surface turns pallid , like that of a man whose hairs stand on end.

Commentary:

The mishnah here is referring to chametz noksheh. The elavening process has begun, but not completed. Rabbi Yehudah believes that even though the negative commandment about eating chametz does not imply chametz noksheh, nevertheless, it should be burned. However, the appearance of furrows on the dough is a sure sign of completed leavening and the dough is classified as chametz gamor. The Sages rule that one cannot be careful enough to identify partly leavened dough (for which there might be furrows underneath) and therefore order that both the partly leavened and the obviously furrowed dough be burned.

Mishnah 6:

If the fourteenth of Nisan falls on the Sabbath, we remove everything before the Sabbath. These are the words of Rabbi Meir.

But the Sages say: Everything is removed at its usual time. Rabbi Eliezer bar Tzadok says: terumah must be removed before the Sabbath and chullin at it usual time.

Commentary:

We first look at the Rambam for some insight:

"When the fourteenth falls on the Sabbath, we search for chametz on the night before Sabbath eve, the night of the thirteenth. We set aside enough chametz to eat until the end of the fourth hour on the Sabbath day. The remainder should be destroyed before the Sabbath. If some of the chametz remains on the Sabbath day after the fourth hour, he should nullify it and cover it with a utensil until the conclusion of the first day of the festival, and then destroy it."

"A person who has many loaves of bread that were terumah and must burn them on the Sabbath eve, he should not mix the pure loaves together with the impure loaves and burn them. Rather, he should burn the pure loaves alone, the impure ones alone, and the ones whose status is pending, alone. He should leave sufficient quantity, but no more than necessary, of the pure loaves to eat until the conclusion of the fourth hour on the Sabbath day."

(end of the Rambam’s commentary)

The mishnah raises the question of performing an act forbidden on the Sabbath. Rabbi Meir rules that terumah and chullin (non-consecrated food) must be removed and destroyed except for a small amount needed for the first two Sabbath meals when chametz may be eaten. The Sages disagree with rabbi Meir and rule that one may leave as much chametz as they wish as long as there are people present to eat it. When the proper time for removal comes, the chametz may be removed in whatever manner is acceptable for the Sabbath.

Notice that the view of Rabbi Eliezer bar Tzadok varies with the commentary of the Rambam just quoted above. The final halachah rules in favor of the view stated by the Rambam (originally stated in the gemara by Rabbi Eliezer ben Yehudah)

Mishnah 7:

If someone is going to slaughter his Pesach offering, to circumcise his son, or to dine at a betrothal feast at the house of his father-in-law, and he remembers that he has chametz at home-if he is able to return, remove it and then return to his mitzvah, he must go back and remove it; but if not, he nullifies it in his heart.

If he is on his way to save people from a marauding troop, from a river, from bandits, from a fire, or from a collapsed building, he nullifies it in his heart. If he was able to establish a voluntary resting place, he must return at once.

Mishnah 8:

Similarly, if someone left Jerusalem and remembered that he had sacrificial meat in his hand-if he has passed Tzofim, he burns it where he is; but if not, he must return and burn it before the Temple with the wood of the altar pyre.

And for how much chametz or meat must they return? Rabbi Meir says: In either case, when there is as much as an egg. Rabbi Yehudah says: In either case, when there is as much as an olive. But the Sages say: For sacrificial meat, as much as an olive, but for chametz, as much as an egg.

Commentary:

If one mitzvah conflicts with another, which mitzvah takes precedence? In mishnah 7, we see a situation in which a person forgets to remove chametz from his home and is in the process of fulfilling another mitzvah. The Sages rule that if there is time to fulfill both mitzvot, then the person is obligated to return home and then go back to his first engagement. If not, since the Sages allow "nullification in the heart" to satisfy the requirements of removal of chametz, then the person must remain engaged in the first mitzvah.

However, if the mitzvah is to save another person’s life, then that always takes priority. In the course of this activity, there is a possibility that the person sets up what the mishnah calls a "voluntary resting spot". The Sages instituted this concept as a way of going beyond the "Sabbath limit" for travel. This limit of 2000 cubits. If one must go beyond 2000 cubits but less than 4000 cubits, then the person may choose a spot within 2000 cubits of his primary residence and designate it as his "rest spot". This can be achieved by either putting down a minimum amount of food at the spot or go to that spot at the beginning of the Sabbath. This designation is known as making an "eruv". The Rambam has more to say on this subject:

"A person who left his house before the time for destroying chametz, in order to fulfill a mitzvah- e.g a feast associated with a betrothal or marriage-and recalls that he possesses chametz at home. If it is possible for him to go back, destroy it, and then return to the fulfillment of the mitzvah, he should return. If not, he should nullify ownership of the chametz in his heart."

"Should he go out to save people from a troop of attackers, from a flooding river, from a fire, from being buried under fallen objects, all that is necessary is for him to nullify it in his heart. Should he go out for his own purposes and remember that he possesses chametz at home, he must return immediately."

"How much chametz must be present to require him to return? The size of an egg. If there is less than the size of an egg, it is sufficient for him to nullify it in his heart." (end of the Rambam’s commentary)

In mishnah 8, the Sages compare the requirements of returning back home for chametz to returning back to Jerusalem for a sacrificial offering. The word "tzofim" literally means "lookouts" and refers to a place where the Temple can first be seen. The Sages ruled that since the Torah is stringent with the amount of sacrificial meat that can be leftover, they ruled that a smaller amount of meat is necessary for the obligation to return. One can also see that the Sage’s decision is a compromise between Rabbi Meir and Rabbi Yehudah.