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Pesachim 83

83b

QUESTION: Rav Mari bar Avuha says that bones which serve Nosar must be burned like the Nosar itself. The Gemara questions this from a Beraisa which states, "All bones of Kodshim are not required to be burned (Rashi: rather, the marrow inside of them which is Nosar is removed and burned, and the bones may be discarded), except for the bones of the Korban Pesach," which must be burned because they cannot be broken to remove the marrow. The Gemara proves from here that bones which serve Nosar are *not* like Nosar and do not need to be burned, because if they were like Nosar, then the bones of all other types of Kodshim should also be required to be burned.

Rav Nachman and Rav Zevid offer answers to defend Rav Mari bar Avuha's opinion that the bones which serve Nosar are forbidden. It is evident from Rav Zevid's answer that he argues with Rav Nachman and holds that if a person finds piles of Pesach bones from which the marrow has been removed, they do not have to be burned. Even though items which served Nosar are normally forbidden, and these Pesach bones might have served Nosar (the marrow inside), nevertheless these bones do not have to be burned because we assume that the marrow was removed *before* it became Nosar, as Rashi (DH Atzmos) explains.

The MAHARSHA considers this assertion to be strange. How could the marrow be removed *before* it became Nosar? Before it became Nosar, it was still edible, and there was an Isur of Sheviras Etzem (breaking a bone of the Korban Pesach)! Only after it becomes Nosar is it permitted to break the bone to remove the marrow (83a, according to Rebbi Shimon). Why, then, do we assume that someone broke the bones b'Isur, before the marrow became Nosar, and thus the bones do not need to be burned? We should assume instead that the person did *not* transgress the Isur of Sheviras Etzem and the bones were broken only after the marrow became Nosar (and thus the bones *should* be burned).

ANSWER:

(a) The MAHARSHA answers that Rav Zevid is following the opinion of Rebbi Yakov, who says that even after the marrow becomes Nosar, it is also Asur to break the bones. Therefore, whether the bones were broken before the marrow became Nosar or after, breaking the bones was done b'Isur. This is why we assume, in a case of a doubt, that it was done before the marrow became Nosar, and the bones need not be burned.

(b) This does not seem to be RASHI's approach. Rashi says that Rav Zevid's ruling is *in disagreement* with Rav Nachman, who holds that we assume that the marrow was removed after the marrow became Nosar and therefore the Pesach bones must be burned. If Rav Zevid is merely following the opinion of Rebbi Yakov, he is not in disagreement with Rav Nachman! Rav Nachman requires the bones to be burned only because he holds like *Rebbi Shimon*, who says that breaking the bones after the marrow is Nosar is permitted (and thus we assume that a person broke the bones b'Heter and not b'Isur). Rav Zevid, though, holds like Rebbi Yakov who says that it is always forbidden to break the bones!

It seems that Rashi understands that Rav Zevid is also in accordance with the opinion of Rebbi Shimon and holds that it is permitted to break the bones after the marrow has become Nosar. According to Rav Zevid, even though it is very likely that the bones were broken after the marrow became Nosar, when it was permitted to break them, we still assume that they were broken before it became Nosar and that they were broken b'Isur, in order not to prohibit the bones because of serving Nosar. Since that possibility exists, and since the obligation to burn the bones that served Nosar is not severe, we assume that they were broken b'Isur and they did not serve Nosar.