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Pesachim 90


QUESTION: The Beraisa (89b) states that when one pays for a share in someone else's Korban Pesach, the money which the seller receives becomes Chulin. The Gemara grapples with the reason for this, since the money was Hekdesh and the animal was Hekdesh, and therefore there is nothing which is Chulin for the Kedushah of the money to be transferred to. Abaye explains that the Beraisa is following the opinion of Rebbi according to Rebbi Oshiyah's understanding of Rebbi, who maintains that when a person sanctifies the Korban Pesach, he leaves over part of it as Chulin.

The Mishnah in Temurah says that the Isur of an Esnan of a Zonah takes effect on an item of Hekdesh that is given to her. Rebbi Oshiyah says that that Mishnah is in accordance with Rebbi, who maintains that when a person sanctifies his Korban Pesach, he leaves over a portion which is not sanctified. It is that portion which, when given to a Zonah, becomes Asur. Abaye says that if not for Rebbi Oshiyah's explanation of the Mishnah in Temurah in accordance with Rebbi (thus showing that Rebbi holds that part of the Korban Pesach is not sanctified), he would have explained that the Mishnah there is in accordance with the opinion of Rebbi Yosi ha'Gelili (who says that Kodshim Kalim belongs to the owners and not to Shamayim). Consequently, the Beraisa here would have been according to Rebbi but for a different reason. The money becomes Chulin not because the animal is not fully sanctified, but because the buyer originally made a stipulation that if the animal which he joins for the Korban Pesach is already sanctified, then the money should not be sanctified. The Beraisa here cannot be in accordance with Rebbi Yosi ha'Gelili, because the Beraisa also says that a Korban Shelamim cannot be sold, but Rebbi Yosi ha'Gelili maintains that a Shelamim can be sold (it is "Mamon Ba'alim").

However, it is clear that it is possible to sell a Korban Pesach by the seller giving the buyer a share in the Korban as a gift, and the buyer in return giving money to the seller as a gift. But how can the owner of the Korban Pesach give a share of the Korban even as a gift? This Beraisa holds that one cannot sell or conduct any transaction with a Korban Shelamim since it is not considered to belong to him! Why should a Korban Pesach be different than a Shelamim? And if the Korban Pesach indeed differs from a Shelamim and has a special allowance to be bought and sold, then it should also become Asur when given to a Zonah as payment even without any portion being left as Chulin!

ANSWER: TOSFOS (89b, DH v'Zeh) answers that the Gemara (89a) derives from a verse that a person may enlist others with his Korban Pesach until it is slaughtered. From there it appears that the Minuy does not have to be done at the time one makes the animal Kadosh. Rather, it is a Gezeiras ha'Kasuv that the Minuy can be done even when the animal is already Kadosh.

The mechanics behind the Gezeiras ha'Kasuv, he explains, is that when a person sanctifies an animal as a Korban Pesach, he always has in mind that *whoever will join him later* will be able to join him, and thus he sanctifies it for them as well when he originally sanctified it. Retroactively, from the time that he sanctified the animal, it was the Korban of the others who will join, even though it only becomes known later who will join him.

If one gives a share in the animal to a Zonah, it is not being given in exchange for services rendered, but it is being sanctified for her fulfillment of the Mitzvah of Korban Pesach. Likewise, when one enlists others to be included in his Korban Pesach, he gives them their shares as a gift. Any money that they pay in return for their shares is not money of a "Kinyan" (acquisition), because they already own their shares in the Korban from the time that the owner sanctified it. Rather, the money they give him is a gift.

(If there is a logical basis for this -- i.e., that the person who separated the Korban had in mind to join others later -- why does Tosfos add that it is a Gezeiras ha'Kasuv? Because if there were no such verse in the Torah, then such a condition in the sanctification of the animal would not work, because we hold "Ein Bereirah." Even according to the opinion that holds "Yesh Bereirah," the Gezeiras ha'Kasuv is necessary because without it, we would not know that *every* person who sanctifies an animal as a Korban Pesach has this condition in mind.)


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