Wednesday, July 11, 2007


The Gemora concludes that the words “toshav v’sachir” mentioned in respect to the Pesach offering are extra. What does “toshav v’sachir” mean when it is written here? It cannot be referring to the two types of Jewish servants (a Jewish servant who is acquired for an acquisition of years, and a Jewish servant who is acquired as an everlasting acquisition) because for what reason should they be exempt from eating the Pesach offering? We have previously established that they cannot eat terumah because their master, the Kohen, has not acquired them as a “monetary acquisition.” They are obviously included in the obligation of bringing and eating a Pesach offering.

It is evident that the words are extra for the purpose of teaching us the gezeirah shavah (to teach us that n uncircumcised person is forbidden to eat terumah), and it cannot be refuted.

Tosfos asks: How can the Torah make a false statement (a toshev and sachir may not eat the Korban Pesach) just for the purpose of teaching a gezeirah shavah?

Tosfos answers: The Torah is referring to non-Jewish workers. Although it is unnecessary (because there is another verse excluding non-Jews from the korban Pesach), at least it is halachically correct. Tosfos concludes that there actually is a Mechilta that expounds the verse in this manner.

The Rambam in Hilchos Korban Pesach (9:7) rules: One is prohibited to give an idolater to eat from the Pesach offering. One who does provide the idolater with meat from the Pesach has violated a negative precept in the Torah.

The Kesef Mishna asks: The Torah does not forbid a Jew from giving the idolater from the Pesach offering; the Torah states: A toshav and a sachir may not eat of it.

He answers: It is obvious that the Torah is not referring to the idolater himself because an idolater is not concerned for that which is written in the Torah. We are compelled to understand the verse to be referring to the Jew. He is forbidden from giving meat from the Pesach to an idolater. Tosfos HaRosh comments similarly on our Gemora.

Rabbi Chaim Braun cites a dissenting opinion: The Yereim in mitzvah 410 states: The Holy One, blessed is He commanded an idolater against partaking in the Pesach offering that his master has slaughtered.

Minchas Chinuch in mitzvah 14 asks on the Rambam from the Gemora Pesachim (3b) which states the following: A gentile would always go up to Jerusalem and eat the Pesach offering. The gentile once told Rabbi Yehudah ben Beseira that although it is written in the Torah that strangers or an uncircumcised male cannot eat from the Pesach offering, he had eaten from the best meat of the Pesach offering. Rabbi Yehudah ben Beseira told the gentile to ask for the fat tail of the animal. When the gentile asked for the fat tail, he was told that the fat tail is burned on the mizbeach and was not eaten. When the gentile informed them that Rabbi Yehudah ben Beseira had instructed him to make this request, they investigated and discovered that he was a gentile and they had him killed. They sent the following message to Rabbi Yehudah ben Beseira: “Peace upon you, Rabbi Yehudah ben Beseira, for you are in Netzivin but your net is spread in Jerusalem.” The Minchas Chinuch asks: Why did they kill him; the prohibition is not written for the gentile; it is written for the Jew. What did the gentile do wrong that he was deserving to be killed?