Pesachim 92aפסחים צ״ב א
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92aצ״ב א

והמלקט לו עצמות טובל ואוכל בקדשים

And one who gathers the bones of his parents, who are buried in a temporary location for their flesh to decay and who is moving them to a permanent burial place must also observe a day of acute mourning by rabbinic decree. These mourners immerse and eat all types of sacrificial food at night. Since in these cases, even during the day, the mourning is by rabbinic decree, the Sages did not extend it into the evening.

גר שנתגייר בערב פסח בית שמאי אומרים טובל ואוכל את פסחו לערב ובית הלל אומרים הפורש מן הערלה כפורש מן הקבר:

With regard to a convert who converted on Passover eve, Beit Shammai say: He immerses and eats his Paschal lamb in the evening. And Beit Hillel say: One who separates from the foreskin by being circumcised is ritually impure, like one who separates from the grave after coming in contact with a corpse. Consequently, he must first observe the seven-day purification process necessary to remove ritually impurity imparted by a corpse. Only then, from the eighth day onward, may he partake of sacrificial meat.

גמ׳ מאי טעמא קא סבר אנינות דלילה דרבנן וגבי פסח לא העמידו דבריהם במקום כרת גבי קדשים העמידו דבריהם במקום עשה:

GEMARA: What is the reason that an acute mourner may eat the Paschal lamb in the evening? The tanna of the mishna holds that the observance of acute mourning at night after the day of one’s relative’s death is a rabbinic prohibition. And with regard to the Paschal lamb, the Sages waived their prohibition because they did not uphold their statement prohibiting consumption of sacrificial food in a situation in which doing so would violate a prohibition that carries the punishment of karet, as is the case with one who neglects to offer the Paschal lamb. On the other hand, with regard to other sacrificial food, they maintained the prohibition, because they upheld their statement in a situation in which neglecting to eat the sacrificial food entails only the neglect of a positive mitzva.

השומע על מתו וכו׳: מלקט עצמות הא בעי הזאת שלישי ושביעי אימא שליקטו לו עצמות:

We learned in the mishna: One who hears about the death of his dead relative more than thirty days after the death and one who gathers bones immerse and eat sacrificial food in the evening. The Gemara expresses surprise: Can this apply to one who gathers bones? But by doing so he came in contact with the bones of a corpse, and he needs sprinkling on the third and seventh days in order to become ritually pure. The Gemara answers: Emend the teaching of the mishna and instead say: One for whom they gathered bones, meaning that other people gathered the bones of his parents to transfer them to a new grave but he himself did not touch them, has a rabbinical requirement to observe a day of acute mourning, but he is not ritually impure.

גר שנתגייר וכו׳: אמר רבה בר בר חנה אמר רבי יוחנן מחלוקת בערל גוי

We learned in the mishna: With regard to a convert who converted on Passover eve, there is a dispute between Beit Shammai and Beit Hillel as to whether he may immerse and eat the Paschal sacrifice in the evening. The Gemara discusses the scope of this dispute: Rabba bar bar Ḥana said that Rabbi Yoḥanan said that the dispute is about an uncircumcised gentile that was circumcised and converted on Passover eve.

דבית הלל סברי גזירה שמא יטמא לשנה הבאה ויאמר אישתקד מי לא טבלתי ואכלתי עכשיו נמי אטבול ואוכל ולא ידע דאשתקד גוי הוה ולא מקבל טומאה עכשיו ישראל ומקבל טומאה

Beit Hillel hold that there is a rabbinic decree due to a concern that perhaps he will become contaminated by a corpse in the following year and he will say: Last year, even though I had come in contact with a corpse previous to Passover, did I not immerse and eat the Paschal lamb without completing the purification process for impurity imparted by a corpse? Now also, I will immerse and eat. And he does not know and understand that last year, before his conversion on Passover eve, he was a gentile and therefore he was not susceptible to ritual impurity, because gentiles do not contract ritual impurity according to Torah law, but now he is a Jew and is susceptible to ritual impurity. Therefore, the Sages decreed that he should complete the seven-day purification process for impurity imparted by a corpse before he can partake of sacrificial food in order to avoid such a mistake.

ובית שמאי סברי לא גזרינן אבל ערל ישראל דברי הכל טובל ואוכל את פסחו לערב ולא גזרינן ערל ישראל משום ערל גוי

And Beit Shammai hold that we do not make a decree due to this concern. But with regard to an uncircumcised Jew who for some reason had not been circumcised until Passover eve, all agree that he may immerse and eat his Paschal lamb in the evening. The concern that he will err the following year does not apply, and we do not decree in the case of an uncircumcised Jew who was circumcised on Passover eve, due to concern that the case will be confused with that of an uncircumcised gentile who was circumcised and converted on Passover eve.

תניא נמי הכי אמר רבי שמעון בן אלעזר לא נחלקו בית שמאי ובית הלל על ערל ישראל שטובל ואוכל את פסחו לערב על מה נחלקו על ערל גוי שבית שמאי אומרים טובל ואוכל את פסחו לערב ובית הלל אומרים הפורש מן הערלה כפורש מן הקבר:

That was also taught in a baraita: Rabbi Shimon ben Elazar said: Beit Shammai and Beit Hillel did not disagree about the fact that an uncircumcised Jew who was circumcised on Passover eve may immerse and eat his Paschal lamb in the evening. With regard to what did they disagree? With regard to an uncircumcised gentile who converted on Passover eve. Beit Shammai say that he may immerse and eat his Paschal lamb in the evening, and Beit Hillel say that one who separates from the foreskin is ritually impure like one who separates from the grave.

אמר רבא ערל הזאה ואיזמל העמידו דבריהן במקום כרת אונן ומצורע ובית הפרס לא העמידו דבריהן במקום כרת

Rava said: With regard to an uncircumcised gentile who converted, sprinkling the purification waters to purify impurity imparted by a corpse, and a circumcision scalpel [izmel], the Sages upheld their statement even in a situation in which doing so would violate a prohibition that carries the punishment of karet. However, with regard to an acute mourner, a leper, and a beit haperas, an area in which a doubt exists concerning the location of a grave or a corpse, they did not uphold their statement in a situation in which doing so would violate a prohibition that carries the punishment of karet.

ערל הא דאמרן

The Gemara details all the cases Rava referred to: The case of an uncircumcised gentile who converted is as we have said previously. Beit Hillel disqualify a convert from offering the Paschal lamb, despite the fact that neglecting to do so renders one liable to receive karet.

הזאה דאמר מר הזאה שבות ואינו דוחה את השבת

The case of sprinkling the purification waters to purify impurity imparted by a corpse is as the Master said in a mishna: Sprinkling is prohibited on Shabbat due to rabbinic decree, and it does not override Shabbat even on Passover eve, despite the fact that one who requires sprinkling will then be unable to offer the Paschal lamb.

איזמל דתניא כשם שאין מביאין אותו דרך רשות הרבים כך אין מביאין אותו דרך גגות ודרך חצרות ודרך קרפיפות

The case of the circumcision scalpel is as it was taught in a baraita: If a circumcision scalpel was not brought to the location of the baby from before Shabbat, just as we may not bring it through a public domain in violation of Torah law, so too we may not bring it through roofs, through courtyards, and through enclosures, even though carrying in this manner is prohibited by rabbinic decree. One who has an uncircumcised member of his household may not bring a Paschal lamb and is liable for karet. The Sages maintained the prohibition of carrying the scalpel in all circumstances, even when doing so would mean the baby would remain uncircumcised on Passover eve, preventing his household from offering a Paschal lamb.

אונן הא דאמרן

The Gemara lists the cases where the Sages waived their prohibition in the face of a prohibition carrying the punishment of karet: The case of an acute mourner is that which we said in the mishna.

מצורע מאי היא דתניא מצורע שחל שמיני שלו בערב הפסח וראה קרי בו ביום טובל ואוכל

The case of the leper, what is it? It is as it was taught in a baraita: A leper is ritually impure and must undergo an involved, eight-day purification process, which culminates on the eighth day with the bringing of various offerings in the Temple. If his eighth day occurs on Passover eve, such that it would be possible to bring his offerings and be fit to partake of the Paschal lamb that evening, and he saw an occurrence of semen on that day, and one who experiences such a discharge is ritually impure and prohibited from entering the Temple, he may immerse in order to purify himself from the discharge and then bring his offerings and eat the Paschal lamb at night.

אמרו חכמים אף על פי שטבול יום אינו נכנס זה נכנס מוטב יבא עשה שיש בו כרת וידחה עשה שאין בו כרת

The Sages said: Although normally, with regard to ritual impurity from seminal discharge, one who has immersed on that day may not enter the Temple until nightfall, this one may enter. The reason is that it is better for a positive mitzva that has a punishment of karet, i.e., the bringing of the Paschal lamb, to come and override a positive mitzva that does not have a punishment of karet, i.e., the mitzva of “They shall send out from the camp every leper and whoever has had issue, and whoever is unclean by the dead” (Numbers 5:2), which requires the removal from the Temple of one who has immersed that day and will become pure only upon nightfall.

ואמר רבי יוחנן דבר תורה אפילו עשה אין בו שנאמר ויעמד יהושפט בקהל יהודה וירושלים בבית ה׳ לפני החצר החדשה מאי חצר החדשה שחדשו בו דבר ואמרו טבול יום לא יכנס במחנה לויה

And furthermore, Rabbi Yoḥanan said: By Torah law, there is not even a positive mitzva that restricts one who has immersed that day and will become pure only upon nightfall from entering the Temple, as it is stated: “And Jehoshaphat stood in the congregation of Judea and Jerusalem, in the House of the Lord, before the new courtyard” (II Chronicles 20:5). What is indicated by identifying the courtyards as the new courtyard? It indicates that they innovated something in it, and they said: One who has immersed on that day but will become pure only upon nightfall may not enter the Levite camp, which includes the entire Temple Mount. This suggests that the prohibition is of rabbinic origin and is not a positive mitzva.

בית הפרס דתנן ושוין בית שמאי ובית הלל

The case of a beit haperas, in which the Sages did not uphold their decree, is as it was taught in a mishna: And Beit Shammai and Beit Hillel agree