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by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Pesachim 97


(a) [Shmuel] Any animal which, invalidated as a Chatas would be put to death, is offered as a Shelamim if it were a Pesach, and if it would be pastured by a Chatas, the same would apply to a Pesach.
(b) [R. Yochanan] A Pesach can only be offered as a Shelamim if it is found after Shechitah.
(c) Question: We find that the pasturing law is *not* identical?!
1. A Chatas which passed its first year is put out to pasture.
2. A Pesach would be brought as a Shelamim (as in the Bereisa).
(d) Answer: Shmuel was speaking of lost animals, not rejected ones.
(e) Question: But the law of a lost animal does not follow the rule!
1. The cited Mishnah is a dispute between Rebbi and Chachamim regarding a lost, replaced, and found Chatas.
2. Rebbi holds that one is offered and the other dies.
3. Chachamim hold that a Chatas only dies if its owners were already atoned for, such that this Korban is pastured.
4. The lost and found Pesach, however, is offered as a Shelamim!
(f) Answer: Shmuel holds like Rebbi that such a lost Chatas is killed.
(g) Question: But according to Rebbi *all* lost animals die, whereas by Pesach it depends on whether it is lost and found before or after Chatzos?!
(h) Answer: Before Chatzos the Pesach is not considered lost (as Rava).
(i) Question: When will Rebbi ever have an animal put out to pasture?

(j) Answer: In the case of R. Oshiya (where the backup Chatas will be put out to pasture).
(k) Question: But in the equivalent Pesach case, it would be brought as a Shelamim!?
(l) Answer: Shmuel really holds like R. Shimon that the Chatas dies under all circumstances, whenever it is found.
(m) Question: But according to R. Shimon there is never a case of the animal being put out to pasture!
(n) Answer: Shmuel only meant to teach the first part, that when a Chatas would die, the equivalent Pesach would be a Shelamim.
(o) Question: What, then, is the news of Shmuel?
(p) Answer: To disagree with R. Yochanan who holds that a Pesach found before Shechitah is not brought as Shelamim (Shmuel holds that Chatzos is the determinant).
(q) Alternate answer to Question (e) above: Shmuel holds like Rabah (Shechitah is the determinant).
(r) Question: We can infer Shmuel's position (that Shechitah is *not* the determinant) from R. Yochanan!?
1. R. Yochanan who argues with Shmuel holds that Shechitah is the determinant.
2. From which we can infer that Shmuel holds Chatzos determines.
(s) Answer: Shmuel holds like Rebbi (answer (f) above).
(t) Question: But according to Rebbi the Pesach would also die (yet by Pesach if it was lost and found before Chatzos it would be a Shelamim)?
(u) Answer: He holds that before Chatzos is not called lost, and midday is the determinant.
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