PESACHIM 70 (17 Shevat) - Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman, who passed away 17 Shevat 5766, in honor of his Yahrzeit.

[70a - 38 lines; 70b - 39 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 70a [line 31]:

The words "Af Al Gav d'Chi Akshei Rachmana" אף על גב דכי אקשיה רחמנא

should be "Af Al Gav d'Akshah Rachmana" אף על גב דאקשה רחמנא

This is the Girsa of the Manuscripts and the emendation of the Maharam.


1)[line 8]וחגיגת חמשה עשרCHAGIGAS CHAMISHAH ASAR

(a)Every adult Jewish male is obligated to come to the Azarah of the Beis ha'Mikdash on Pesach, Shavuos, and Sukos to offer an animal as a Korban Chagigah, as the Torah states, "Shalosh Regalim Tachog Li ba'Shanah" (Shemos 23:14).

(b)If this Korban was not brought on the first day of the festival, it may be brought on any of the subsequent days (where applicable; see Insights to Chagigah 9:1). The Gemara (Chagigah 7a) records an argument with regard to whether one is required (or even permitted) to bring more than one Korban Chagigah if he comes to the Azarah on more than one day of a festival.

2)[line 10]יוצא בה משום שמחהYOTZ'AH BAH MI'SHUM SIMCHAH (SIMCHAH)

(a)There is a Mitzvah to be happy on the three holidays of Pesach, Shavuos and Sukos (Devarim 27:7). This is practically understood as a commandment to partake of meat from sacrifices every day of the holiday. If no meat from a sacrifice is readily available, one offers a Korban known as Shalmei Simchah for the express purpose of fulfilling this Mitzvah. Women as well as men are obligated in this Mitzvah (RAMBAM Hilchos Chagigah 1:1).

(b)The Mitzvah of Simchah applies in a more general sense as well. The purchase of food or clothing which one enjoys is a fulfillment of this Mitzvah. Included in the Mitzvah is bringing other people — especially the poor and downtrodden — happiness on Yom Tov, for if one gorges himself while ignoring others, this is considered Simchas Kereiso (lit. happiness of the stomach; i.e. pure physical gratification) rather than Simchah Shel Mitzvah (RAMBAM Hilchos Yom Tov 6:17-18).

(c)Although generally an animal designated for an obligatory Korban must be Chulin (see next entry), Shalmei Simchah are an exception to this rule. Therefore, even if an animal has been designated as a Chagigah on the fourteenth of Nisan, if it is left over until the next day it may be slaughtered as a Korban Shelamim in fulfillment of the Mitzvah of Simchas Yom Tov.


(a)When a person is required to bring a Korban, he must verbally designate an animal to be offered for that particular obligation. Prior to being so designated, this animal must have the status of Chulin (it is not already consecrated to Hekdesh). This means that an animal which has been set aside for a voluntary Shelamim, etc., or an animal which is automatically Kadosh such as Ma'asar Behemah, cannot be used to fulfill one's obligation. This qualification applies whether the obligation to bring the Korban has been placed upon him by the Torah such as a Korban Pesach, Chatas, Asham, etc., or whether it has been voluntary accepted by the person himself, such as one who vows to offer a Korban Olah, Shelamim, or Todah (Menachos 81b).

(b)If one vows to bring a Korban and specifies at the time of the vow that the Korban may be designated from that which is already Kadosh due to its status as Ma'asar Behemah, he may fulfill his obligation with such an animal (ibid.).

4)[line 17]כולו צליKULO TZLI- everything [including the Korban Chagigah, must be eaten] roasted

5)[line 30]יש בה משום שבירת עצםYESH BAH MISHUM SHEVIRAS ETZEM- is it prohibited to break one of its bones? (The Torah prohibits one from breaking a bone of a Korban Pesach: "v'Etzem Lo Sishberu Vo" (Shemos 12:46).)

6)[line 33]שוחט בה מידSHOCHET BAH MIYAD (TEVILAS KELIM)

(a)If a utensil becomes Tamei, it must be immersed in a Mikvah. Once night falls, it is then Tahor. The Chachamim decreed that one may not immerse Kelim in a Mikvah on Shabbos or Yom Tov, since it appears as if he is fixing the utensil.

(b)If one finds a knife in Yerushalayim on the fourteenth of Nisan, he may assume it to be Tahor. Since everyone requires a knife to slaughter the Korban Pesach, had it been Tamei its owner most certainly would have immersed it in a Mikvah on the thirteenth. That way, night would have fallen before the fourteenth, which is when the Korban Pesach must be offered.

7)[line 33]שונה ומטבילSHONEH U'MATBIL- he must immerse it [in a Mikvah for what may be the] second time [if he wishes to use it to slaughter his Korban Pesach, since he is in doubt whether its owner immersed it to begin with]

8)[line 33]קופיץKUFITZ- a cleaver. (This is a knife primarily used to chop meat and cut through bones, as opposed to slaughtering animals.)

9)[line 36]שבאSHE'BA- that [Erev Pesach] fell

10)[line 38]שוחט בה מידSHOCHET BAH MIYAD- he may slaughter with it (the Kufitz) immediately. Even if the owner of this cleaver did not require it for slaughtering as he had a smaller knife more suitable for the task, he surely immersed the cleaver before Yom Tov as well. This is because the Kufitz is necessary to chop up the Korban Chagigah on the fifteenth of Nisan. Since the fourteenth fell on Shabbos, there would be no opportunity to immerse it in a Mikvah before the fifteenth after the thirteenth.


11a)[line 1]מנא ידעי?MENA YAD'I?- how do they know [that there will be so many people designated for this Pesach that a Chagigah will be unnecessary]? People may — and do — add and/or subtract themselves from being designated for specific Korbenos Pesach up until the time that it is slaughtered.

b)[line 2]מנא ידעי?MENA YAD'I?- how do they know [that most of Klal Yisrael will be Tamei on the following day, and therefore no Chagigah will be brought?]

12)[line 2]דמית נשיאD'MIS NASI- that the Nasi died (in which case every Jew is obligated to participate in his funeral)

13)[line 6]דנשיא גוסס בשלשה עשרD'NASI GOSES BI'SHELOSHAH ASAR- the Nasi was on his deathbed on the thirteenth [of Nissan, and the knife was found on the following day]

14a)[line 7]דחד ספיקאD'CHAD SEFEIKA- [about] which there is only one uncertainty, [namely, whether the Nasi will die and immersing it will be unnecessary as Klal Yisrael will be offering their Pesachim b'Tum'ah, or whether he will remain alive into Pesach and the knife will need to be Tahor]

b)[line 8]דתרי ספיקיD'TREI SEFEIKI- [about] which there are two uncertainties; [namely, whether or not the Nasi will die, thereby creating a situation in which no Korban Chagigah is offered, and whether or not there will be so many people designated for his Pesach that a Chagigah will be necessary]

15)[line 9]פירשPIRESH- separated [himself from the Chachamim]

16)[line 10]בדרוםB'DAROM- in the south (i.e., far enough away from Yerushalayim that it was not incumbent upon him to be Olah l'Regel)

17a)[line 19]טעמא דפרושים ניקו ונפרוש?TA'AMA D'PERUSHIM NEIKU V'NIFROSH?- must we explain the reasoning of renegades?

18)[line 22]למותר הפסחMOSAR HA'PESACH

(a)If an animal was designated for a Korban Pesach but was not actually offered as one for any reason (e.g. it was lost on the fourteenth of Nisan), it is called "Mosar ha'Pesach" and may be offered at any time as a Korban Shelamim. A Mosar ha'Pesach is identical to a Shelamim in every way other than that which it may be eaten for only one day and the following night, instead of the two days and intervening night allowed for a regular Korban Shelamim.

(b)Some maintain that in order to become a Korban Shelamim, a Mosar ha'Pesach requires an Akirah — an active uprooting of its status (TOSFOS 60b DH b'She'ar; see Background to Pesachim 64:2). If the animal is slaughtered without an Akirah, it is still a full-fledged Pesach and is therefore Pasul since it was not slaughtered at the proper time for a Korban Pesach (see Pesachim 60b). If, however, one offers his Mosar ha'Pesach "she'Lo Lishmo" — with intent that it be a regular Shelamim or Olah — this qualifies as an Akirah.

(c)Another situation which falls under the heading of "Mosar ha'Pesach" is one in which one designated money equal in value to a sheep or goat to be used to buy a Korban Pesach. Subsequently, the animal went down in price. Any leftover money goes towards the purchase of a Shelamim.

19)[line 25]לדבר הבא מן הצאן ומן הבקרL'DAVAR HA'BA MIN HA'TZON U'MIN HA'BAKAR- toward that which may come from both sheep/goats and cattle; i.e., a Shelamim

20)[line 28]"וחגותם אותו חג לה' שבעת ימים...""V'CHAGOSEM OSO CHAG LA'HASH-M SHIV'AS YAMIM BA'SHANAH..."- "And you shall celebrate it as a festival for HaSh-m seven days of the year..." (Vayikra 23:41). This verse refers to the obligation to offer a Korban Chagigah on the festival of Sukos (see above, entry #1).

21)[line 31]כי אתא רבין אמרKI ASA RAVIN AMAR- when Ravin came, he asked [the following question]

22)[line 34]אבין תכלאAVIN TICHLA- Avin the Bereaved (called such because his children died in his lifetime)

23)[line 34]אבין תכלא לימא כי הא מילתא?AVIN TICHLA, LEIMA KI HA MILSA?- (a) is it fitting that Ravin (Rav Avin) should say such a thing?; (b) such a thing could have been uttered by Avin the Bereaved (who lived at the time of Abaye, but not by Ravin, who lived long before; MAHARSHAL)

24)[last line]"וזבחט [שלמים ואכלת שם] ושמחתה [לפני ה' אלוקיך]""V'ZAVACHTA [SHELAMIM V'ACHALTA SHAM] V'SAMACHTA [LIFNEI HASH-M ELOKECHA]"- "And you shall slaughter Shelamim sacrifices and eat [them] there, and you shall rejoice before HaSh-m your G-d." (Devarim 27:7) - This verse is written with regard to the building of the Beis ha'Mikdash.