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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Pesachim 69



(a) If Machshirei Mitzvah *after* the Shechitah, when the initial Mitzvah has already been performed, over-ride Shabbos, argues Rebbi Eliezer, then how much more so the Machshirei Mitzvah *before* the Shechitah, whose purpose is to enable the Mitzvah to be performed!

(b) Rebbi Akiva counters this with the argument that, on the contrary, it is precisely *because* the Shechitah was already performed on Shabbos, that the accompanying Machshirin (such as cleaning out the insides - see Tosfos DH 'Im') over-ride Shabbos, too; whereas the Machshirin of before the Shechitah, which have nothing on which to rely, do not over-ride Shabbos.

(c) On the basis of the argument that the Machshirei Mitzvah *before* the Mitzvah should not over-ride Shabbos, due to the possibility of the Korban turning out to be Pasul, in which case the Chilul Shabbos will turn out to have been in vain, we should not permit the Shechitah of the Korban either, for the very same reason. Yet everyone agrees that the Shechitah is permitted. Consequently, this reason cannot be correct.

(a) Rebbi Eliezer told Rebbi Akiva that, since he asked him from Shechitah, he would die through Shechitah (meaning that he would die a gruesome death).

(b) The Gemara thinks that Haza'ah to eat Terumah does not over-ride Shabbos, since the separation of Terumah itself doesn't either; whereas the Haza'ah to eat Pesach over-rides Shabbos, since the bringing of the Korban Pesach itself over-rides Pesach.

(c) The Gemara is forced to retract from this suggestion - because of a Beraisa, where Rebbi Akiva asks Rebbi Eliezer not from the Haza'ah of Terumah, but from the Haza'ah of Pesach.

(d) Rebbi Eliezer disagrees with Rebbi Akiva simply because he forgot what he had previously taught him.

(a) Rebbi Akiva did not remind Rebbi Eliezer *directly* of what he had previously said - because he did not consider it respectful to do so.

(b) Chazal forbade Haza'ah on Shabbos because one may come to carry it four Amos in the street.

(c) Even according to Rebbi Eliezer, Chazal permitted other Machshirei Mitzvah on Shabbos only when the person himself is already a Bar Chiyuva, but not Haza'ah, where at this stage, he is not, and the purpose of the Haza'ah is to turn him into one.

(a) Rabah draws a distinction between a healthy baby, for whom one may heat water even on Shabbos, in order to make him strong, to circumcise him that same day; one may not however, heat water to heal a sick baby on Shabbos, in order to circumcise him on the same day.

(b) Rava maintains that every baby is considered sick regarding Milah (since, as long as he has not been bathed in hot water, he is not fit to be circumcised [although this is not necessarily true, nowadays]). Consequently, even according to Rebbi Eliezer, one may not heat water for *any baby* before the Milah.

(c) The Beraisa in which Rebbi Eliezer punishes with Kares an Areil who failed to circumcise in order to bring the Korban Pesach, even though he is not yet a Bar Chiyuva - poses a Kashya on Rabah in a.




(a) Rabah explains that Rebbi Eliezer holds 'Ein Shochtin ve'Zorkin Al Tamei Sheretz'. Whenever the Yachid who is Tamei brings the Pesach Sheni, the Tzibur brings the Korban on Pesach Rishon be'Tum'ah, and whenever the Tzibur (who bring the Pesach be'Tum'ah), are not obligated to make Haza'ah, the Yachid is Patur, too. Arlus, on the other hand, where the Tzibur *are obligated* to circumcise themselves in order to bring the Pesach, a Yachid is obligated to circumcise, too.

(b) Were Rebbi Eliezer to hold 'Shochtin ve'Zorkin Al Tamei Sheretz', then the Tzibur would not be permitted to bring it be'Tum'ah, but would be obligated to perform Haza'ah first, in which case, so would the Yachid. Incidentally, a Tamei Mes whose seventh day falls on Shabbos has the same Din as a Tamei Sheretz.

(c) The reason that the Yachid brings the Pesach Sheni is because the Tzibur brought the Rishon (had they not done so - for example, if most of the Tzibur were Zavin by the Pesach Rishon - the Yachid would be Patur altogether).

(a) The Beraisa which sentences, among others, an Areil and a Tamei (who are able to rectify their situation) to Kares for not doing so - holds 'Ein Shochtin ve'Zorkin Al Tamei Sheretz', because otherwise, why would the Beraisa need a special Pasuk for a Tamei Sheretz? Why should he be any different than a Tahor person who did not bring his Pesach?

(b) From this Beraisa we see that, even though the Yachid is not a Bar Chiyuva, and even though the Tzibur are *not* obligated to make Haza'ah (since they bring the Korban be'Tum'ah), the Yachid *is*, posing a problem with Rabah, who said earlier that a Yachid is Patur.

(a) Rava finally establishes Rebbi Eliezer to hold 'Shochtin ve'Zorkin Al Tamei Sheretz'. Nevertheless, Haza'ah is not Docheh Shabbos because Haza'ah is only necessary, to permit eating the Korban Pesach (but not to bring it), and eating the Pesach is not imperative.

(b) This is not the same as Shechting the Pesach for someone who cannot eat it (i.e. a sick or an old person) who are not fit at all to eat the Korban, whereas in our case the Tamei person is fit to eat it, only he requires a Tikun.

(c) "Ish Le'fi Ochlo" is for a Mitzvah, but is not imperative (similar to the principle of 'Kol ha'Ra'uy le'Bilah, Ein Bilah Me'akeves Bo').

8) Rav Yehudah Amar Rav needs to rule like Rebbi Akiva (that a Melachah that could have been performed before Shabbos is not Docheh Shabbos) -
1. ... by Pesach - by which the Torah does not make thirteen covenants, as it does by Bris Milah.
2. ... by Bris Milah - for which one is not Chayav Kares (should one perform the Bris Milah on the following day).
(a) One brings a Korban Chagigah if the fourteenth of Nisan falls on a weekday, if it is a Pesach ha'Ba be'Taharah (since the Chagigah over-rides neither Shabbos nor Tum'ah) and if the lamb is small and there are too many designees to give each one a substantial portion.

(b) The Chagigah, according to the Tana of our Mishnah, could consist of a sheep, a goat or even cattle - male or female.

(c) It could be eaten for two days and the night in between (like a regular Shelamim).

(a) The Tana mentioned Chagigah here at this juncture - because he just described how carrying the animal and bringing it from outside the Techum etc. do not over-ride Shabbos, so he added that Chagigah does not over-ride Shabbos either.

(b) If the Chagigah was an obligatory offering, then it would be brought even on Shabbos, even be'Tum'ah and even together with a large Pesach.

(c) The Chagigah is brought to ensure that the Pesach is eaten to satisfaction (i.e. not ravenously, but when one is approaching satisfaction - like a desert).

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