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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Pesachim 29



(a) The author of our Mishnah, which permits the Chametz of a non-Jew after Pesach, does not appear to be ...
1. ... Rebbi Yehudah - who forbids *all* Chametz be'Hana'ah after Pesach (mi'd'Oraysa), even that of a non-Jew.
2. ... Rebbi Shimon - who permits even the Chametz of a Jew after Pesach.
3. ... Rebbi Yossi Hagelili - who permits even Chametz *during* Pesach be'Hana'ah, and certainly Chametz after Pesach.
(b) Rav Acha bar Ya'akov, who establishes our Mishnah like Rebbi Yehudah - maintains that it is only the Chametz of a Jew that is Asur be'Hana'ah after Pesach, but that of a non-Jew cannot possibly be forbidden, since in his opinion, Chametz of a non-Jew may even be *eaten on* Pesach, in which case, it can hardly be *Asur be'Hana'ah after* Pesach?

(c) According to Rav Acha bar Ya'akov, we learn the 'Se'or' of Achilah from the 'Se'or' of Re'iyah, that just as the Chametz of a non-Jewmay be seen, so too, may it be eaten.

(a) Rava establishes our Mishnah like Rebbi Shimon - because Rebbi Shimon permits deriving benefit from Chametz after Pesach mi'd'Oraysa, but not mi'de'Rabbanan.

(b) According to Rava, what the Mishnah means when it forbids the Chametz of a Jew after Pesach, because of "Lo Yera'eh Lecha Se'or" - is that the reason that the Chachamim penalized the Chametz of a Jew after Pesach is because he had transgressed the La'av of "Lo Yera'eh Lecha Se'or".

(c) Rav Acha bar Ya'akov explains that 'Mishum she'Ne'emar "Lo Yera'eh Lecha Se'or" ' - refers to the Reisha, 'Chametz shel Nochri she'Avar Alav ha'Pesach, Mutar be'Hana'ah', because of the Pasuk "Lo Yera'eh Lecha Se'or", from which we learn that Chametz of a gentile may be seen, and we then learn Se'or of Achilah from Se'or of Re'iyah'.

(d) Someone who eats Chametz of a gentile after Pesach according to Rebbi Yehudah, will receive Malkos according to Rava (who does *not* learn Se'or of Achilah from that of Re'iyah; whereas according to Rav Acha bar Ya'akov (who *does*) he will be Patur.

(a) According to Rebbi Yehudah, who holds that Chametz is forbidden be'Hana'ah even *after* Pesach, Chametz has no value on Pesach, nor does it have any monetary value for after Pesach, which is why the Yesh Omrim hold 'Lo Mo'al'.

(b) The above Sevara is all very well by Chulin, but Kodshim are not subject to the Isur of Bal Yera'eh and Bal Yimatzei on Pesach - and if Rav Acha still learns Se'or of Achilah from Se'or of Yera'eh, then he ought to permit Hekdesh ba'Achilah, and why is he not Mo'el. So we must conclude that he retracted.

(c) Rebbi Yochanan establishes the Yesh Omrim like Rebbi Nechunyah ben Hakanah, who says that if Reuven sets fire to Shimon's haystack on Yom- Kipur, he is Patur from paying - because even though the punishment for transgressing Yom-Kipur is Kares (which is only at the Hands of Hashem, and not of Beis-Din), he is nevertheless Patur from paying. Similarly, someone who eats Chametz of Hekdesh on Pesach is Chayav Kares, and is therefore Patur from paying Hekdesh, and whoever does not pay the principle, is not Chayav to pay the extra fifth either.

(d) 'ha'Ochel Chametz shel Hekdesh be'Mo'ed, Mo'el' speaks when he was Shogeg on the Hekdesh (which explains why Me'ilah is applicable), but Meizid on the Chametz (which explains why Rebbi Nechunyah ben Hakanah exempts him from Me'ilah.




(a) According to Rav Acha bar Rava in Rav Yosef, the Tana Kama says 'Mo'el' - because he holds Davar ha'Gorem le'Mamon, ke'Mamon Dami (meaning that, since, after Pesach, he could still have fulfilled his obligation with the Chametz, even though, on Pesasch, it had no intrinsic value, it is still considered Mamon).

(b) Rav Ashi explains that both Tana'im hold that one cannot redeem Kodshim to feed one's dogs, and that even something which will eventually spare a monetary loss, is not called money. The reason that the Tana Kama renders him Mo'el - is because he holds like Rebbi Yossi Hagelili, who permits Chametz be'Hana'ah on Pesach.

(a) If Rav (who forbide Chametz that fell into other food whether it is be'Mino or she'Lo be'Mino') is speaking when sufficient food fell in to add taste - then why does he say that *after* Pesach, it is only be'Mino which becomes forbidden , but not be'she'Eino Mino? Why should that not also be forbidden? Consequently, Rav can only be speaking when only a Mashehu fell in.

(b) Rav forbids even Chametz which fell into she'Lo be'Mino be'Mashehu (and which is normally Batel), because of when it fell into be'Mino, due to the stringency of Chametz which is Chayav Kares.

(c) Rav is more stringent by Chametz than he is by Chelev and blood - because one tends to be wary of Chelev and blood, which is not the case by Chametz, which is Mutar all the year round.

(a) Shmuel says ...
1. ... 'Chametz bi'Zemano be'Mino Asur, she'Lo be'Mino, Mutar'.
2. ... 'she'Lo bi'Zemano, Bein be'Mino, Bein she'Lo be'Mino, Mutar'.
(b) Shmuel is lenient ...
1. ... on Pesach - because he does not decree she'Lo be'Mino because of be'Mino;
2. ... after Pesach - because he holds like Rebbi Shimon, who permits Chametz after Pesach.
7) Rebbi Yochanan holds like Rav with regard to Chametz that fell into food *on* Pesach, but like Shmuel if it fell in *after* Pesach.

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