Mishnah Pesachim
by Jonathan Wolf

(Chapter 9 of 10)

Chapter 9

If a person could not perform the mitzvah of the Korban Pesach on the afternoon of the fourteenth of Nisan because of contamination, the Torah (Bamidbar 9:9-13) provides for a second opportunity on the fourteenth of Iyar. This is known as Pesach Sheni. If a person was on a distant journey, then he is eligible for the second Pesach as well. This chapter deals with the various laws governing Pesach Sheni.

Mishnah 1:

One who was contaminated or was on a distant journey, and had not observed the first Pesach, must observe the second. If he erred or was prevented, and therefore did not observe the first Pesach, he must observe the second. If so, why is it said (Bamidbar 9:10) "One who was contaminated or was on a distant journey?" Because these are exempt from kares, but those are liable to kares.

Commentary:

The concept of kares, or spiritual excision appears in Torah in many places. It means to be "spiritually cut off" as a heavenly punishment. According to the sages, kares is incurred for willful violations of scriptural commandments. The Torah specifies only two provisions (being contaminated or on a distant journey) since those are beyond the control of the person and so they are exempt from kares. Thus if he erred or was delayed, he is liable for kares.

Mishnah 2:

What is "a distant journey?" From Modi’in and beyond, or a like distance in any direction. These are the words of Rabbi Akiva. Rabbi Eliezer says: From the threshold of the Temple courtyard and beyond. Said Rabbi Yose: Therefore there is a dot over the "hei", as if to say, not because it is literally distant, but rather from the threshold of the Temple courtyard and beyond.

Commentary:

Modi’in (or Modin) was the town where the Hasmoneans came from. It was 15 mil from Jerusalem (each mil being 2000 cubits). Thus, if a person left at noon on the fourteenth, he would reach Jerusalem by sunset( if he walked at a normal pace). Rabbi Eliezer’s point is that if a person is uncontrollably delayed (by illness) and merely outside the precincts of the Temple, he is considered to have been on a distant journey and exempt from kares. The inference of the dot over the leter "hei" is a kabbalistic allusion to the fact that in the Torah scroll, a dot is mysteriously placed over the letter "hei" which is the last letter in the word R’choka, meaning "distant".

Mishnah 3:

What are the differences between the first Pesach and the second? The first Pesach comes under the prohibition of, "It shall not be seen and it shall not be found (Shemot 12:19), whereas at the second, both matzah and chametz are with him in the house; the first requires the recitation of Hallel during the eating (of the Pesach), but the second does not require Hallel during its eating.

Both require the recitation of Hallel when they are offered; both are eaten roasted, together with matzah and bitter herbs (maror); and both override the Sabbath.

Commentary:

Hallel are Psalms of praise sung during the three Festivals of Pesach, Shavuot, and Sukkot. A "Half-Hallel" is recited on Rosh Chodesh. We have learned that during the period of slaughtering the Pesach, the Levi’im would chant Hallel as the three groups performed the ritual. It should also be mentioned that the Hagaddah is not recited on the second Pesach since the Torah commands the telling of the story "on this day" meaning the fifteenth of Nisan. The second Pesach is available for those who could not offer the Korban on the first one.

Mishnah 4:

If the Pesach was offered in a state of contamination, zavim, zavot, menstruants, or women after childbirth may not eat of it; but if they did eat, they are exempt from the penalty of kares. Rabbi Eliezer exempts them even from the kares due for entering the Temple.

Commentary:

We have previously discussed the states of "zavim" in a previous chapter. The Halacha does not follow Rabbi Eliezer. According to the Sages, the exemption from kares for consuming the Pesach is due to the fact that it is also consumed by people in a "pure state" and we have previously learned that a group of registrants that includes contaminated individuals should can eat the Pesach without incurring the penalty of kares normally applied for such an offense.

Mishnah 5:

What are the differences between the Pesach offered in Egypt and the Pesach offering of succeeding generations? The purchase of the Egyptian Pesach was on the tenth of Nisan, it required sprinkling of its blood with a bundle of hyssop upon the lintel and the two doorposts, and was eaten in haste during one night. But the Pesach of succeeding generations is observed all seven days.

Commentary:

The Torah states in Shemot 12:3, "On the tenth of this month, they shall take each man a kid." The Sages interpret "this month" to mean the tenth of Nisan" as observed in Egypt. Thus the acquisition of the Pesach was designated for that particular observance and not subsequent ones. Additionally, we no longer sprinkle the blood of the sacrifice along the posts and lintels. For that matter, the generations afterwards, even when sacrifices were offered, did not sprinkle the blood in that manner.

The final part of the mishnah cannot refer to the actual sacrifice since that must be offered on the fourteenth, afternoon, and consumed on the fifteenth before midnight. The gemara points out that the mishnah refers to the prohibition of keeping chametz is observed for seven days.

Mishnah 6:

Said Rabbi Yehoshua, "I have heard that the substitute of a Pesach is offered, and that the substitute of a Pesach is not offered, but I cannot explain it."

Said Rabbi Akiva, " I will explain. If the original Pesach offering was found before the slaughtering of the substitute Pesach, it must be left to pasture until it develops a blemish, is then sold, and a peace offering is brought with its proceeds, and so is the rule regarding its substitute. But if it was found after the slaughtering of the replacement Pesach, it is offered as a peace offering, and so is the rule regarding its substitute."

Commentary:

The Torah in Vayikra 27:10 prohibits the exchange of a sacrifice:

"He shall not alter it, nor change it, a good for a bad, or a bad for a good; and if he shall at all change beast for beast, then shall both it and its exchange be holy."

If an exchange was made in violation of a Torah law, it does not change the sanctity of the first animal, but it does consecrate the second one. Clearly, there may be circumstances where an exchange must be made. The second animal is called a temurah, which means "substitute". There is a whole section of the Talmud devoted to the laws of temurah in which the rules governing substitutions are further elaborated. Offerings with blemishes are invalid and must be sold.

Mishnah 7:

If someone designates a female animal for his Pesach offering, or a male in its second year, it must be left to pasture until it develops a blemish, then it is sold, and its money is placed in a donative offering chest. If one had designated his Pesach offering and then died, his son who inherits it may not bring it as a Pesach offering, but rather as a peace offering.

Mishnah 8:

If the Pesach offering was confused with other offerings, they must all be left to pasture until they develop blemishes, and are sold. Then he should bring this type of offering equivalent in value to the best of them, and he should bring the other type of offering equivalent in value to the best of them, and he must cover the added cost from his own purse. If it was confused with firstborn offerings, Rabbi Shimon says: If the group is composed of Kohanim, they may be eaten.

Commentary:

In mishnah 7, the Torah clearly states (Shemot 12:5) that the Pesach must be an unblemished, yearling kid. Blemished animals are redeemable for valuation, but the money must be set aside. The Pesach offering cannot be confused with other offerings since the procedures for each are different with regards to the throwing of the blood and the eating of the meat.

Mishnah 9:

A group lost its Pesach offering and said to one: " Go out, seek it, and slaughter it for us;" and he went out, found it, and slaughtered it. Meanwhile, they bought and slaughtered another. If his was slaughtered first, he eats of his and they eat of his with him. But if theirs was slaughtered first, they eat of theirs and he eats of his. If it is not known which of them was slaughtered first, or if both were slaughtered at the same time, then he eats of his but they do not eat with him; and theirs must be burned; but they are exempt from observing the second Pesach.

If he said to them, "If I delay, go and slaughter for me", and he went out, found it, and slaughtered it. Meanwhile, they bought and slaughtered another. If theirs was slaughtered first, they eat of theirs and he eats with them. But if his was slaughtered first, they eat of theirs and he eats of his. If it is not known which was slaughtered first, or if both were slaughtered at the same time, they eat of theirs but he does not eat with them; and his is burned; but he is exempt from observing the second Pesach.

If he said to them and they said to him, all of them eat of the first. But if it is not known which of them was slaughtered first, both are burned. If he said nothing to them and they said nothing to him, then they are not responsible for each other.

Commentary:

Let us look at this long mishnah in parts. In the first part, the man was appointed to act as their agent to slaughter the first animal. Thus, they are registered on his slaughter and may eat it when it is properly prepared. However, if they now go out and select another animal for themselves, they have obviously withdrawn their registration and this is valid as long as (recall mishnah 8:4) the first slaughter has not taken place.

The remaining circumstances are variations on this theme of agency and registration. Only a valid offering may be eaten. The need for the second Pesach is not invoked in these cases because all of them had an opportunity to slaughter the Pesach (they were registered in either case).

Mishnah 10:

If the Pesach offerings of two groups were confused, these take one for themselves, and the others take one for themselves. Then a member of one group comes to the other group, and a member of the other group comes to this group, and they declare the following: "If this Pesach is ours, then you are withdrawn from your own Pesach and you are registered on ours. But if this Pesach is yours, then we withdraw from ours and we are registered on yours."

Similarly, if there were five groups, each comprising five or ten members, they take to themselves one person from each group and declare the same.

Mishnah 11:

Two individuals whose Pesach offerings were confused, this one takes one Pesach for himself, and that one takes one for himself; this one registers some stranger with himself and that one registers some stranger with himself. This one comes to that Pesach and that one comes to this Pesach and they say thus: "If this Pesach offering is mine, then you are withdrawn from yours and are registered upon mine; and if that Pesach offering is yours, then I am withdrawn from mine and am registered upon yours."

Commentary:

The Rambam comments that the offerings were mixed up before slaughtering. Recall that before slaughtering, people may still withdraw their registration on a sacrifice. The wording of the mishnah implies that each group claims one of the confused offerings and then they legally absolved the other group of ownership thus reconciling the problem of consuming a Pesach that they were not registered for. The last mishnah in the chapter continues the theme for individuals.