PESACHIM 2-5 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the sixth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Rebbi Morton Weiner) Z'L, who passed away 18 Teves 5760. May the merit of supporting and advancing Dafyomi study, which was so important to him, during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[5a - 54 lines; 5b - 49 lines]

1)[line 9]אך חלקACH CHALAK- The word "Ach" - "however" - always excludes something. In this case, Abaye understands it to limit the prohibition of Chametz on the fourteenth of Nisan to only part of the day. Since the verse does not specify which part is permitted and which forbidden, it is only logical to assume that the day is split down the middle.

2)[line 13]"הראשון...""HA'RISHON..."- "Are you the first man that was born?" (Iyov 15:7) - The Gemara understands this verse to mean, "Were you born before Adam?".

3)[line 33]הני שלשה ראשוןHANI SHELOSHAH RISHON- The three verses quoted above containing the word "Rishon"; namely, the two which describe Pesach and Sukos as "Mikra Kodesh," and the verse containing the Mitzvah of taking the four species on Sukos.

4)[line 37]ולשמו של משיחV'LISHMO SHEL MASHI'ACH- for the coming of Mashi'ach

5)[line 40]"כסא כבוד...""KISEI KAVOD..."- "A glorious throne, exalted from the beginning, is the place of our sanctuary" (Yirmeyahu 17:12).

6)[line 43]לא תשחט הפסחLO SISHCHAT HA'PESACH- do not slaughter the Korban Pesach (which may be slaughtered any time on Erev Pesach from midday and on)

7)[line 51]ומצינו להבערה שהיא אב מלאכהU'MATZINU L'HAV'ARAH SHE'HI AV MELACHAH- and we know burning to be one of the [thirty-nine] Melachos [that are forbidden on Shabbos and Yom Tov] (and therefore the commandment to destroy Chametz must apply to a time earlier than Yom Tov)


8)[line 2]אין ביעור חמץ אלא שריפהEIN BI'UR CHAMETZ ELA SEREIFAH- See Background to 2:21

9)[line 3]הבערה לחלק יצאתHAV'ARAH L'CHALEK YATZAS

(a)After stating that all Melachah is forbidden on Shabbos, the Torah singles out the Melachah of Hav'arah (kindling a fire) and states, "Lo Seva'aru Eish b'Chol Moshevoseichem b'Yom ha'Shabbos" - "Do not light a fire in all of your places of residence on the day of Shabbos" (Shemos 35:3).

(b)Rebbi Nasan is of the opinion that Hav'arah l'Chalek Yatzas, which means that the Melachah of kindling was singled out in order to teach us that transgressing it (or, similarly, any other Melachah) alone is enough to require one to bring a Korban Chatas. If not for this extra verse, we would have understood that one must transgress all of the Melachos before he is required to bring even one Korban.

(c)Rebbi Yosi argues, ruling that Hav'arah l'Lav Yatzas. This means that the Melachah of kindling was singled out in order to teach us that transgressing it is not as serious as transgressing any of the other acts of labor, which are punishable by Sekilah (stoning), but rather involves a Lav which is punishable by Malkus (lashes) (Shabbos 70a).

10)[line 4]והותרה הבערה לצורךHUTRAH HAV'ARAH L'TZORECH- lighting a fire is permitted when necessary [for the preparation of food]

11)[line 9]אחריםACHEIRIM- others (here, specifically Nochrim)

12)[line 10]יטמיןYATMIN- he may hide

13)[line 11]שלא כיבשתוSHE'LO KIBASHTO- whom you have not subjugated (lit. conquered)

14)[line 12]שרוי עמך בחצרV'SHARUY IMCHA B'CHATZER- or one who is living with a Jew in the same Chatzer

15a)[line 14]בבורותBOROS- round wells dug in the ground

b)[line 14]בשיחיןSHICHIN- elongated ditches

c)[line 14]ובמערותME'AROS- caves

16)[line 34]כלפי לייאKELAPEI LAYA- which way [is this going]? That is, just the opposite would appear to be more logical! (It should be more obvious that Chametz belonging to a Nochri who is under the jurisdiction of a Jew is prohibited than that which Chametz belonging to a Nochri who is not under the jurisdiction of a Jew is prohibited.)

17)[line 40]מיהדר אהיתיראMIHADER A'HETEIRA- is looking for [a source for] that which it is permitted [to maintain Chametz in one's Chatzer belonging to a Nochri who is under the jurisdiction of a Jew]

18)[line 41]לך לך תרי זימניLECHA LECHA TREI ZIMNI- The Torah stresses that only Chametz which belongs to you is forbidden to be seen in your wider domain - "Gevulecha" - on Pesach in two different verses (Devarim 16:4 and Shemos 13:7). Only one is necessary. From the other we understand that even the prohibition against finding Chametz in your house applies only to Chametz which you own.

19)[line 45]בעירו חמירא דבני חילאBE'IRU CHAMIRA DI'VNEI CHEILA- destroy the Chametz of the (Nochri) troops

20)[line 46]מיתבידMISVID- it gets lost

21)[line 46]ובעיתו לשלומיU'BE'ISU LI'SHELUMEI- and you must pay [for it]

22)[line 46]כדילכון דמיK'DILCHON DAMI- it is like your own Chametz

23)[line 47]דבר הגורם לממון כממון דמיDAVAR HA'GOREM L'MAMON, K'MAMON DAMI

(a)Davar ha'Gorem l'Mamon refers to an object which is forbidden to eat, use, or derive benefit from in any way; and yet, when this object is destroyed, it causes a financial loss. Examples of such objects are:

1.an object from which it is forbidden to derive benefit from at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to the view of Rebbi Shimon who permits its use after Pesach;

2.an item which became Asur b'Hana'ah or invalidated (such as an animal upon which Beis Din decreed the death penalty) while in the domain of someone other than the owner who had agreed to guard the item. Under certain circumstances, the Shomer may return such an item "as is" (though it is now worthless) to the owner, and he need not replace it with a different object of similar value;

3.a Korban which, if lost, must be replaced by he who designated it as such.

(b)The Tana'im disagree as to whether a person who steals or damages such an item is liable to pay for the damage (seeing as he caused the owner/Shomer a financial loss) or not (since it is worthless at present).