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POINT BY POINT SUMMARY

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


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Pesachim 90

Pesachim 81 - 95: We are grateful to Mr. Mark Frankel of Queens, N.Y. for suggesting the idea of "Point by Point Summaries" and sponsoring its initial two weeks -- Tizkeh l'Mitzvos!

1) MONIES DESIGNATED FOR A KORBAN

(a) Question: How can the money set aside for a Korban become Chulin when they are spent to participate in just such a Korban?
(b) Answer: The owner leaves a portion of his Korban Pesach as Chulin in order that others might buy in, and their money consequently becomes Chulin.
1. This is all the more so since the owner of the money also left over a Chulin-portion of the money for his own use.
2. Abaye said that he was forced into this position out of deference to R. Oshiya.
(i) Abaye would have explained the Mishna of Esnan as being the position of R. Yosi HaGlili and it is speaking of Kodeshim Kalim which belong to the owner.
(ii) The Korban Pesach would be entirely Kadosh, there would be no "room" for Esnan to apply to it, and, in answer to our question, the monies given by those wishing to participate would be a Chulin gift to the owner who, in return, gives the giver a gift of appointment.
(iii) Abaye would explain our Bereisa like Rebbi, not like R. Yosi HaGlili, since our Bereisa states that a sale of an Olah and Shelamim is meaningless (which should be a good sale if there is leftover Chulin in the Korban).
3. R. Oshiya explained the Mishna regarding Esnan as being the position of Rebbi and it is speaking where the owner appointed the Zonah to his Korban, meaning that a person leaves Chulin in his Korban.
(c) Question: What is the Mishna which R. Oshiya explained as Rebbi?
(d) Answer: The restrictions of Esnan.
1. If Mukdashin are given as an Esnan they are permitted.
2. If Chulin animals were given, they are prohibited.
3. Were it not for the Pasuk we would have learned a Kal VaChomer to permit Chulin from Esnan.
4. Now that we have the Pasuk by Chulin we need a Pasuk to permit Mukdashin.
(e) Question: We should not need a Pasuk by Mukdashin since a person cannot prohibit that which is not his?!
(f) Answer [R. Oshiya]: The Mishna is speaking where he appointed the Zona to his Pesach, and it follows the opinion of Rebbi.
(g) Question: Where does Rebbi hold that Pesach belongs to the owner?
(h) Answer: The Bereisa dealing with the Pasuk "Im Yimat Habayis..."
1. Tana Kama holds that if he does not have enough money for his food, he may take money from his neighbor and appoint him to his Korban.
2. Rebbi holds that even if he does not have money for general purchases, he may take money and appoint him to his Korban for on this basis Klal Yisrael sanctifies the Pesach.
3. Rabah and R. Zeira argue regarding the point of dispute.
(i) All agree that he could take money to buy kindling to roast the Korban.
(ii) One holds that the dispute is over buying Matzah and Maror (are these considered an independent consumption, or a required component of the Pesach).
(iii)The other holds that the dispute is about buying a cloak or Talis (Rebbi permits as the money is Chulin).
(i) Question: What will Abaye do with the explicit "for on this basis Klal Yisrael sanctifies the Pesach?"
(j) Answer: This means sanctifying their *money* for Pesach.
2) MISHNA: PESACH FOR ONE NEAR THE END OF THEIR "TUMAH"
(a) It is permitted to Schecht for a Zav (after only two sightings).
(b) It is not permitted on the seventh day if he saw three times.
(c) It is permitted (for one who saw three times) on his eighth day.
(d) It is permitted for a Shomeres Yom on her second day.
(e) If she saw on two days, it is permitted on the third.
(f) For a Zavah it is permitted on her eighth day.
90b---------------------------------------90b

3) "MECHUSAR KAPARAH"

(a) [Rav] It is permitted to Schecht for a Tevul Yom and a Mechusar Kipurim, but not for a Tamei Sheretz.
(b) [Ula] It is permitted to Schecht even for a Tamei Sheretz.
(c) Question: Why does Rav differentiate (both will be Tahor later)?
(d) Answer: He is missing something -Tevilah.
(e) Question: But the Tevul Yom is also missing something -nightfall!
(f) Answer: Nightfall comes without any effort on his part.
(g) Question: But a Mechusar Kipurim is also missing an action?!
(h) Answer: He has his Korban ready in his hands.
(i) Question: But the Tamei Sheretz has the Mikveh ready at hand!?
(j) Answer: He may be negligent and not immerse.
(k) Question: But the Mechusar Kipurim might also be negligent?
(l) Answer: He has already turned the birds over to Beis Din (and we are confident that the Beis Din of Kohanim will take care of it).
(m) Question: According to Rav [who says that it is a Gezeirah lest he be negligent, not a Torah restriction], why do we make one person Tamei to make a majority (see Daf 80)?
(n) Answer: Rav holds that the restriction is mi'd'Oreisa.
1. We compare the Tamei Sheretz to the last day of a Tamei Mes.
2. Question: But how do we know this Pasuk deals with that day?
3. Answer: Rav holds like R. Yitzhok.
4) "ZAV"
(a) Question: If it is given that the Zav has not yet immersed himself, then we it is permitted to Schecht for a Tamei Sheretz?
(b) Answer: No, he has immersed himself.
(c) Question: Then what is the news of the Mishna?
(d) Answer: It is permitted even though the sun has not set (teaching that since the sun setting is automatic, he is permitted).
(e) This is supported by the Seifah which permits the Zav (of three sightings) on his eighth day.
1. If the news of the Mishna is that we can Schecht for the Zav who saw twice (and has not yet gone to the Mikveh), then it would go without saying that we could Schecht for the Zav of three sightings on his eighth day (where he has already gone to the Mikveh on the seventh, and has already given his birds to the Kohanim).
2. It must be that the Zav has already gone to the Mikveh.
3. No, there is still news even if he did *not* yet immerse.
(i) *His* Taharah is within his own reach (does not rely on anyone else, e.g. the Kohanim), on the other hand;
(ii) The Zav of three sightings on his eighth day is the news of the Mishna -it is permitted to Schecht for him- relying on the Kohanim as above.
5) "ZAVAH"
(a) A Tana taught that we could Schecht for the Zavah on the seventh day.
(b) Question: But she is not Tehorah (Mechusar Kaparah)!?
(c) Answer: You should rather teach the *eighth* day.
(d) Question: But that is obvious!
(e) Answer #1: The news is that we can rely on the Kohanim.
(f) Answer #2: The Tana taught to Schecht for a *Nidah*.
(g) Question: But she is not Tehorah until nightfall of the eighth day!?
(h) Answer: You should teach the eighth day.
(i) Question: But that is obvious-she is only waiting for nightfall?
(j) Answer: The news is that the *eighth*, not the *seventh*.
1. We have a Bereisa to teach us that a Nidah can only immerse at night (and thus her first nightfall is on the eighth).
2. A Yoledes is linked to the Nidah.
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