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Pesachim 42


QUESTION: The Gemara states that when a Parshah in the Torah starts with the word "Leimor" ("Hashem said to Moshe, *saying*") we understand this to mean "Lav Emor" -- the Mitzvah which the Torah is about to teach includes a negative commandment, a Lav, as well. If so, almost every Mitzvas Aseh in the Torah should also be a Lav, since the word "Leimor" is used to introduce hundreds of passages!


(a) The SHITAH MEKUBETZES in Temurah 7a (#6) answers that only if we find another Lav written in the same Parshah as the Aseh, does the word "Leimor" teach us that everything else in the Parshah is also a Lo Ta'aseh.

(b) TOSFOS here (DH Leimor) and the RA'AVAD (quoted by the Shitah Mekubetzes) answers that according to Rebbi Yehudah, a person will receive lashes if it says "Leimor" at the beginning of the Parshah only when the Mitzvah in that Parshah is a "Lav ha'Ba Michlal Aseh."

(c) RABEINU CHANANEL here says that according to Rebbi Yehudah, whenever the Torah says "Leimor," it indeed makes all of the commandments in that Parshah into Lavim.

The LECHEM MISHNAH (Hilchos Erchin 5:6) explains that "Leimor" is only an "Asmachta" for a Lo Ta'aseh. Accordingly, Malkus mid'Oraisa will not be administered for the transgression of an Aseh even according to Rebbi Yehudah. Perhaps RABEINU CHANANEL, too, will agree that it is only an "Asmachta."

Rav Yehudah states that when kneading dough for Matzah, one must use only "Mayim she'Lanu," water that rested overnight (that is, it was drawn from its source and left overnight in the container). Water that rested overnight loses its natural warmth, and is thus no longer prone to cause the dough to become Chametz. Rava adds, similarly, that a woman should not knead dough for Matzah in the sun or with warm water.

The Gemara asks what is the Halachah if a woman went ahead and kneaded the dough in a manner in which she was not supposed to? Rav Ashi says that the Matzah made from such dough is forbidden to be used on Pesach, and Mar Zutra permits it. What is the Halachah?

(a) The RIF rules stringently and says that even if she merely kneaded the dough in the sun, it is forbidden, and certainly if she kneaded it with warm water. His words imply that such Matzah may not be used throughout all of Pesach, since it may contain Chametz. The ROSH explains that the Rif would rule the same in a case when the dough was kneaded with water that was not left overnight; even in such a case, the Matzah is forbidden.

(b) The ROSH says that according to RASHI, when the Gemara says that if a woman made the Matzah in an improper manner, it was only referring to the case of making it in the sun or kneading it with warm water, but *not* to a case when she kneaded it with water that did not rest overnight. In that case, it is *certainly permissible* b'Di'eved, because the requirement to use Mayim she'Lanu is only l'Chatchilah. (Presumably, it is not warm enough to cause us to seriously doubt whether the Matzah became Chametz.) Therefore, the Rosh rules that with regard to dough kneaded in the sun or with warm water, we are stringent and forbid it (like the Rif), but if it was kneaded with water that did not rest overnight, it is permissible b'Di'eved (not like the Rif).

(c) The RAMBAM (Hilchos Chametz u'Matzah 5:1-2) splits these Halachos in another way. If the dough was kneaded in warm water or with water that did not rest, then it will be forbidden. But if it was kneaded in the sun, then it is permissible b'Di'eved. The Rambam draws the line between whether the problem is in the dough itself (such as the water used in the dough), in which case the Matzah will be forbidden, or whether the problem is external (such as the sun in which the dough was kneaded), in which case it will be permissible b'Di'eved.

HALACHAH: The SHULCHAN ARUCH (OC 455:3 and 459:5) rules in accordance with the opinion of the RAMBAM and writes that Matzah made from dough kneaded with warm water or with water that did not rest overnight is forbidden even b'Di'eved, while Matzah made from dough kneaded in the sun is permitted b'Di'eved.

The Rishonim argue concerning the reason for the prohibition of using Matzah made from dough kneaded with warm water and the like.

(1) The ROSH infers from RASHI here (DH Heichi Itmar) that the Rabanan instituted a *penalty* for not following their requirement that cool water be used. Even if one transgressed the words of the Rabanan inadvertently, the penalty still applies in this case, because it is considered to be "Karov l'Mezid," very close to intentional transgression.

(2) The HAGAHOS ASHIRI, however, cites the YERE'IM who agrees that it is only a penalty, but says that the penalty only applies when one transgressed the words of the Rabanan on purpose.

(3) The BA'AL HA'ITUR, cited by the Rosh, says that the prohibition to use Matzah made with warm water and the like is not a penalty, but is an intrinsic disqualification in the Matzah. In order for Matzah to be valid for the Mitzvah of eating Matzah, it must have had proper "Shemirah" -- that is, it must have been guarded with extra stringency to prevent it from becoming Chametz during its production. If warm water was used in kneading the dough, or it was kneaded in the sun, then the Matzah is lacking in its Shemirah. In such a case the Matzah produced is not considered "Shemurah Matzah" and may not be used for the Mitzvah of eating Matzah on the first night of Pesach. However, it is not Chametz and it may be used during the rest of Pesach.

HALACHAH: The Poskim rule stringently, like Rashi, and say that Matzah made from dough kneaded with warm water is forbidden throughout *all* of Pesach, even if it was done inadvertently.


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