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Pesachim 95

1) THE ISUR OF CHAMETZ ON PESACH SHENI

QUESTION: The Mishnah discusses the ways in which the Korban Pesach Sheni differs from the Pesach Rishon. One of those ways is that the Korban Pesach Sheni may be eaten while Chametz is in one's house. Does that mean that there is no Isur of Chametz whatsoever on Pesach Sheni?

ANSWERS:

(a) RASHI (Bamidbar 9:10) writes that Pesach Sheni differs from Pesach Rishon in that on Pesach Sheni, "one may have Matzah and Chametz together in one's house... and there is no Isur of Chametz, except with him while he eats" ("Matzah v'Chametz Imo ba'Bayis... v'Ein Isur Chametz Ela Imo ba'Achilaso"). That is, the only Isur of Chametz on Pesach Sheni is to eat the Korban Pesach itself with Chametz. One is allowed to have Chametz in his home, though.

The MINCHAS CHINUCH (Mitzvah 381) challenges Rashi's explanation and leaves it unresolved. He asks that there is no source at all to teach that there is an Isur Chametz while eating the Pesach Sheni. The Torah only gives us a Mitzvas Aseh to eat a k'Zayis of Matzah with the Korban Pesach Sheni, but it never forbids eating Chametz with it.

The MESHECH CHOCHMAH defends Rashi and says that Rashi understood the verse which says, "With Matzos and Maror they shall eat it" (Bamidbar 9:11), as a "Lav ha'Ba mi'Chlal Aseh" -- a Lav implied from an Aseh. That is, the verse is saying both that one must eat it with Matzah and *not* with Chametz.

(b) HARAV ELAZAR SHACH (AVI EZRI, Hilchos Chametz u'Matzah) writes that this might not be what Rashi means at all. Rashi is not saying that there is no Isur of Chametz *except* an Isur to eat it with the Korban itself. Rather, Rashi is saying that "there is no Isur of Chametz, *but rather* [the Chametz may be] with him while he eats" ("v'Ein Isur Chametz, *Ela Imo ba'Achilaso*"). Rashi is saying that not only is there no Isur of Chametz, but it may *even be with him* as he eats the Korban Pesach Sheni.

QUESTION: The Gemara says that according to the Rabanan, the verse, "Ya'asu Oso," teaches that the Pesach Sheni should not be brought by an individual, but by at least two or more ("*Ya'asu*," in the plural form). Preferably, one should find someone else to join with in bringing the Korban Pesach Sheni.

RASHI explains that this means that if, on Pesach Rishon, one is Tamei and he sees that there is no one else who is Tamei, one should make someone else Tamei with Tum'as Sheretz in order to have a partner in bringing the Korban Pesach Sheni.

Where does Rashi see this in the Gemara? Perhaps the Gemara means, simply, that when Pesach Sheni comes one should look for someone else to join with in bringing the Korban. What made Rashi explain that it means that on Pesach Rishon he should make someone else Tamei in order to have a partner on Pesach Sheni? (DEVAR SHMUEL)

ANSWER: Rashi is answering the question asked by TOSFOS (DH Miba'ei). Tosfos asks that the Rabanan must hold that the Korban Pesach Rishon is also Asur to be brought by one person, because the laws of Pesach Sheni cannot be more stringent than Pesach Rishon. However, this Halachah for Pesach Rishon is derived from a different verse. If this Halachah exists for Pesach Rishon, and it is a Halachah in the actual Korban itself, then we do not need another verse to teach that it applies to Pesach Sheni! All Halachos in the actual Korban itself are learned from Pesach Rishon to Pesach Sheni through the verse, "k'Chol Chukas ha'Pesach" (Bamidbar 9:12). Why, then, is another verse needed to teach that an individual may not bring the Korban Pesach Sheni?

It is this question which Rashi is answering. Rashi is saying that the Halachah which the Torah is teaching for Pesach Sheni is not the same as the Halachah on Pesach Rishon. It differs in that if one has no one else with whom to bring the Korban Pesach Sheni, then he should be Metamei someone in order to have a partner in the Korban Pesach Sheni. We would not have learned this Halachah from Pesach Rishon, and therefore the additional verse is necessary. (M. Kornfeld)

95b