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!
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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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