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Pesachim 92


QUESTION: Beis Shamai and Beis Hillel argue whether a convert who becomes circumcised on Erev Pesach and immerses in a Mikvah that day is allowed to eat the Korban Pesach. The Gemara says that everyone agrees that a *Jew* who did not have a Milah until Erev Pesach may eat the Korban Pesach that night after he immersed in a Mikvah.

Why does the Gemara say that he has to immerse in a Mikvah? He was not Tamei; he was only uncircumcised. He should be allowed to eat the Korban Pesach without Tevilah! A convert is different -- he has to immerse because of his conversion. (TOSFOS)


(a) TOSFOS YOM TOV answers that the reason a Jew does Tevilah on Erev Pesach has nothing do with the fact that he performed Milah on that day. Rather, every Jew is obligated to make himself Tahor for the Yom Tov (Beitzah 16b), and that is why the Gemara says that he must perform Tevilah.

(b) The MINCHAS CHINUCH (Mitzvah 282) answers that the reason he has to do Tevilah is because of Hesech ha'Da'as. It is forbidden for an Arel to eat Kodshim, and therefore he was Masi'ach Da'as (he removed his attention) from eating Kodshim. Consequently, we assume that he became Tamei since he was not guarding himself from Tum'ah for the sake of eating Kodshim and therefore he has to immerse in a Mikvah. This is similar to the reason why an Onen and a Mechusar Kipurim (91b) must do Tevilah before eating Kodshim, as Rashi there says -- since it was forbidden for them to eat Kodshim until now. Similarly, an Arel who was forbidden to eat Kodshim until his Milah must do Tevilah.

(c) The OHR ZARUA mentions that a Mumar (apostate) who repented and did Teshuvah should immerse himself in a Mikvah. Perhaps the Arel mentioned in the Gemara here refers to one who did not circumcise himself out of a spirit of apostasy. He needs Tevilah because he was a Mumar who repented.

(d) The SEFAS EMES proposes that even though a Jew who gets a Milah does not have to wait seven days and have Haza'ah (like a convert must wait after having Milah), this applies only when his Milah is on Erev Pesach. At any other time of the year, though, even a Jew must wait seven days and have Haza'ah, as a Gezeirah because a *convert* waits seven days and has Haza'ah. This, he contends, is why Beis Hillel says that "one who separates from his Arlah is considered as though he has separated from the grave;" that is, he is considered Tamei with Tum'as Mes. Only on Erev Pesach did the Rabanan allow him to forego the seven days and Haza'ah in order not to miss the Chiyuv of Korban Pesach. However, he is still required to do Tevilah on Erev Pesach, as part of the Gezeirah, because the requirement to do Tevilah will not prevent him from bringing his Korban Pesach.


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