Friday 19 July 2013

Pesachim 29a, b

A new mishna in yesterday's daf stated that Jews can benefit from chametz made by a Gentile during Pesach onece Pesach has ended.  We cannot benefit from chametz made by a Jew over that time period, however, due to Exodus 13:7, which states that "... neither shall there be leaven see with you, in all your borders."  Pesachim 28b was devoted to proving that this mishna was not in accordance with Rabbi Yehuda, Rabbi Shimon, or Rabbi Yose HaGelili.  Today's daf is devoted to proving that in fact this mishna could indeed be attributed to any one of these rabbis.

Rav Acha bar Ya'akov argues that Rabbi Yehuda could have been the author of the mishna at hand.  The idea that chametz may not be seen can infer that we cannot see chametz belonging to ourselves or other Jews.  Further, Jews can both use and eat chametz made by a Gentile over Pesach after the chag has concluded based on extending a logical argument.  'Permitted' should have meant 'permitted to both Jews and Gentiles during Pesach'.  

Rava argues that Rabbi Shimon could hold the argument of this mishna though he expressed earlier that  Jews could not derive benefit from chametz made by other Jews during Pesach after Pesach had ended. Rava aruges that Rabbi Shimon knew that this directive was based on Torah law.  Thus a person who intentionally breaks the law is subject to a fine.

Rava and Rav Acha bar Ya'akov continue to debate the finer points of these arguments.  One of their key points is whether or not a consecrated item can be redeemed to feed it to dogs, to Jewish people, or not at all.  Through Steinsaltz's notes, I have learned a number of laws related to the rabbi's arugment:

  • consecrated items can only be redeemed if they are fit for human consumption. They cannot be fed to dogs.  Instead they can be left untouched or they can be burned.
  • one who commits multiple crimes is punished only for the most severe crime.
  • one who commits multiple crimes and is given the death penalty does not have to pay damages.
The rabbis discuss whether chametz has monetary value.  If it is worth anything after Pesach, should it not be protected during Pesach?  What if the leavened bread is made of a mix of types of flour - matzah and another flour - should that affect its permissibility after Pesach?  The basic rule is that the non-permitted food cannot be more than 1/60th of the mixture.  There is a note regarding having a non-Jewish cook taste the food to ensure that the non-Kosher item cannot be detected.

It feels as though we have tried to become more and more exacting about the meanings and practice of halachot over time.  If some chametz flour Kosher-for-Pesach soup of an orthodox person, would s/he ensure that it was less than 1/60th of the entire mixture?  Or would s/he throw out the soup, just to be safe?  I could be wrong, but my sense is that there are rewards within the community for behaviour that is more 'letter-of-the-law-observant'.  Learning Talmud also opens up their social world around eating, drinking, food-preparation, and other norms of social etiquette.





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