PESACHIM 41 - Dedicated by Rabbi Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) who passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

[41a - 43 lines; 41b - 41 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Gemara 41a [line 11]:

The words "u'Mah Mayim she'Ein Mefigin Ta'aman... She'ar Mashkin she'Mefigin Ta'aman" ומה מים שאין מפיגן טעמן... שאר משקין שמפיגין טעמן

should be "u'Mah Mayim she'Ein Mefigin Ta'amo... She'ar Mashkin she'Mefigin Ta'amo" ומה מים שאין מפיגין טעמו... שאר משקין מפיגין טעמו

This is the Girsa in the early printings and one of the manuscripts (Dikdukei Sofrim #1).

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1)[line 7]צמותי הוא דלא צמית(TZEMUSEI HU) [MI]D'LO TZAMIS- from that which [the vinegar in the Charoses] does not sear the flour (thereby keeping moisture from penetrating)

2)[line 7]הא חמועי מחמעא(HA) CHAMU'EI MACHME'A- [we see that] it causes it to leaven

3)[line 9]"במים""BA'MAYIM"- "Al Tochelu mi'Menu Na, u'Vashel Mevushal ba'Mayim; Ki Im Tzli Eish..." — "Do not eat from it if it is rare, or cooked in water; rather it must be roasted upon a fire..." (Shemos 12:9)

4)[line 11]שאין מפיגין טעמן [טעמו]SHE'EIN MEFIGIN (TA'AMAN) [TA'AMO]- which does not affect the taste [of the Korban Pesach]

5)[line 15]צלי קדרTZELI KEDAR- roasted in a pot (into which the natural juices of the Korban Pesach drip. These do not affect its taste, but they are a liquid)

6)[line 17]חייבCHAYAV- he incurs the punishment [of Malkus if he eats it]

7)[line 20]רבי יוסי היאREBBI YOSI HI- This Beraisa follows the opinion of Rebbi Yosi, who maintains that that which is cooked following a different type of food preparation such as roasting or baking is considered to be cooked only.

8a)[line 21]יוצאין ברקיק השרוי ובמבושלYOTZIN B'RAKIK HA'SHARUY UV'MEVUSHAL- one fulfills his obligation [to eat Matzah on the first night of Pesach] with a wafer that is submerged [in a cooked dish] or cooked (after it has been baked)

b)[line 21]שלא נימוחSHE'LO NIMO'ACH- which has not completely dissolved

9)[line 29]דשויא חרוכאD'SHAVYA CHAROCHA- he charred it completely

10)[line 30]חיCHAI- raw

11)[line 33]אברניםAVARNIM- Persian for rare (half-roasted) meat

12)[line 34]בחמי טבריאCHAMEI TEVERYA- the hot springs of Tiberias

13)[line 36]תולדותTOLDOS- a derivative of

14)[line 38]דקא עבר משום צלי אשD'KA AVAR MISHUM TZELI ESH- (a) that he has transgressed the negative commandment of "rather it must be roasted upon a fire" (see above, entry #3), which is punishable with Malkus according to this opinion (RASHI); (b) that he has transgressed the positive commandment to eat the Pesach only roasted (which, due to the fact that it is not a Lav, is not punishable with Malkus; TOSFOS 41b DH Ika).

41b----------------------------------------41b

15)[line 2]לאו שבכללותLAV SHEBI'CHELALOS

(a)A Lav shebi'Chelalos is a negative commandment which forbids one from performing more than one different act. An example of such a Lav is "Ki Im Tzli Eish..." — "rather it must be roasted upon a fire..." (Shemos 12:9), which prohibits one from eating a Korban Pesach prepared in any manner other than fully roasted upon a fire (such as cooked, partially roasted, or roasted upon a source of heat other than fire).

(b)There is a disagreement among the Amora'im as to whether one who transgresses more than one of the prohibitions included in a single Lav receives Malkus for each and every prohibition, one set of Malkus for all of them, or no Malkus at all (see Insights).

16)[line 5]דלא מייחד לאויהD'LO MEYACHED LAVEI- it is a non-specific Lav

17)[line 5]כלאו דחסימהLAV D'CHASIMAH

(a)One who muzzles an ox while it is threshing grain violates the negative commandment of "Lo Sachsom Shor b'Disho" (Devarim 25:4).

(b)The prohibition of Chasimah is written in the Torah alongside those verses which command Beis Din to administer Malkus (lashes). From this, some Amora'im derive that Malkus is administered only upon the transgression of negative prohibitions similar to Chasimah in that they forbid specific actions (as opposed to a Lav shebi'Chelalos — see above, entry #15).

18)[line 6]אכל זגACHAL ZAG (NAZIR)

(a)One who vows to become a Nazir may not: (1) cut his hair; (2) become Tamei by touching or being in the same room as a corpse; or (3) consume any products of a grapevine (Bamidbar 6:1-7). See Background to Nazir 2:1.

(b)The Torah (Bamidbar 6:4) specifically prohibits a Nazir from consuming Zagim (grape peels) and Chartzanim (grape seeds), as well as generally forbidding him from eating any grape product. The latter Lav is a Lav shebi'Chelalos (see above, entry #15).

19)[line 13]פסל עצמו מבני חבורהPASAL ATZMO MI'BNEI CHABURAH (KORBAN PESACH)

(a)In the times of the Beis ha'Mikdash, every adult Jew is obligated to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as the Torah commands, "And the whole assembly of the congregation of Yisrael shall slaughter it towards evening" (Shemos 12:6). A Korban Pesach must be an unblemished male lamb or goat within its first year. The Korban may be slaughtered in any part of the Azarah (see Zevachim 56b).

(b)The body of the Korban is roasted in its entirety, and is eaten after nightfall together with Matzah and Maror. The Korban must be eaten within the walls of Yerushalayim (Zevachim 56b).

(c)In order to eat from the Korban Pesach, one must be "appointed" to the Korban before it is slaughtered, as the Torah states, "If one's household is too small for a lamb, then he and a close neighbor may obtain a lamb together, as long as it is for specifically designated individuals. Individuals shall be designated for a lamb according to the amount that each will eat" (Shemos 12:4). This appointment is called "Minuy." A person may be granted or may withdraw his share from a Korban Pesach as long as it has not been slaughtered (Pesachim 89a).

(d)The Korban is sacrificed in the name of all of the people who were appointed for that specific animal. The appointees eat their shares of the Pesach together in a group, or "Chaburah." No one may belong to more than one Chaburah, or he eat his share of the Pesach in more than one place. Therefore, if one partook of a k'Zayis of his Pesach once nightfall — the time that one may fulfill his obligation to eat from the Korban — arrives, he may no longer eat from that Korban Pesach along with his Chaburah elsewhere.

20)[line 17]בשעה שישנו בקום אכול צליB'SHA'AH SHE'EINO B'KUM ECHOL TZLI- when one may not even eat his Korban Pesach roasted

21)[line 21]הותר מכללוHUTAR MI'CHELALO- lit. permitted from the general rule [that one may not consume the Korban in any way]. That is to say, perhaps the proper approach is that just as it is forbidden to eat the Korban Pesach at all during the day but once night falls it is permitted to eat it roasted, similarly, although it is forbidden to eat the Korban Pesach during the day half-roasted, once night falls one may not eat it such l'Chatchilah, but one does not incur Malkus for doing so.

22)[line 23]שאין תלמוד לומר כי אם צלי אשSHE'EIN TALMUD LOMAR KI IM TZLI EISH- it is not necessary to say "Ki Im Tzli Eish..." (see above, entry #15; since the previous verse already describes the Korban Pesach as "Tzli Eish" (Shemos 12:8))

23)[line 28]אקרא אני בשלEKRA ANI "BASHEL"- it would have been enough if the verse had simply used the word "Bashel" (Shemos 12:9)

24)[line 29]בשלו מבעוד יוםBISHLO MI'BE'OD YOM- if one cooked it by day [and ate it after dark] (RASHI). If one ate it by day as well, he would not incur Malkus, as the previous Beraisa teaches.

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