The Gemorah in Pesachim (69b-70a) says the chagigah isn’t
obligatory and that’s why the Mishna rules that it isn’t always
brought. Tosfos understands that means
that there is no concept of the chagigah from the Torah (according
to the Mishna,) it’s merely a Rabbinic concept.
In the Laws of Korban Pesach (10:13) the Rambam rules that the chagigas
yud daled isn’t obligatory but is a Torah law based upon the verse in Re’ah
16:2 [see Mahri Korkas there.] In
other words, it is a Torah law that declares a reshus to bring the chagigah. Tosfos seems to understand there is no such
thing as a Torah din of a reshus and understands if the chagigah
is optional it must be Rabbinic.
The Minchas Chinuch (5:19) asks what does the Rambam
mean that the chagigah is a rishush, what is the special din here,
one can offer a shelamim whenever they want? The Chazon Eish (Orach Chayim 129:10)
explains that the intent of the Rambam is that the korban isn’t considered
a mere shelamim, its considered a chagigah with special dinim tied
to the pesach. The Briskor Rav
supports this idea from Rashi Pesachim 89: ד"ה ועל חגיגתו and Rambam Pesach
4:10 that say there is a concept of מינוי on
the chagigah. There is no din of
מינוי
on a regular korban, we see from here that the chagigas yud daled must
be distinct from a regular korban.
We also see this from the Rambam that counts the 120th לא תעשה
not to leave over kodshim and #117 not to leave over the pesach and
#118 not to leave over the chagigah.
We see from here again that the chagigah is distinct from other korbanot. However, we still need to understand what the
nature of this chagigah is, is it viewed as part of the korban pesach or
is it an additional obligation because of the holiday?
The Rambam understands that is the machlokes between
Ben Tameh and the Rabbis that the Gemorah in 70a cites. The Gemorah cites that Ben Tameh holds the chagigah
has the same dinim as the pesach. The Rabbis holds that the chagigah has
the dinim of a shelamim. The
Rambam understands that Ben Tameh holds that the chagigah is viewed to
be part of the obligation of the pesach but the Rabbis hold it’s an
obligation of the holiday.
The Rambam rules in the Laws of Chagigah 2:10 that since
its non-obligatory you could fulfill your obligation of the shelamim of simcha
with it but not your obligation of chagigah. Everyone asks on the Rambam how is the chagigah
of the pesach not being obligatory a reason that one can’t fulfill
their obligation of the yom tov chagigah with it, indicating if its
obligatory you can fulfill your obligation, the Gemorah says that if the chagigah is
obligatory you can’t fulfill your obligation is because the chagigah of yom
tov must be a voluntary korban, not a different obligation?
According to how the Rambam understood, the reason why you
can’t fulfill your obligation of chagigas yom tov with the chagigah of
the pesach isn’t because chagigas pesach is obligatory and the chagigah
must be offered from chullin, it’s because it is viewed as part of
the pesach. It is viewed as a pesach
offering, not a chagigah. It is only
in the opinion of the Rabbis that the chagigas yud daled is an
obligation of the holiday, not part of the korban pesach, that there is
a possibility that you can fulfill your obligation with it. According to the Rabbis the chagigas yud
daled is an obligation of the holiday like the regular chagigah of yom
tov. That’s what the Rambam means to
say, “since it’s just a reshus you can’t fulfill your obligation,” had
it been a chiuv according to the Rabbis that view it as a korban of
the holiday, then you would be yotzeh.
However, since its merely a reshus, it has an element of nedavah
in it and one can’t be yotzei the chagigah with a korban that
one volunteers to offer (see Maseas Moshe siman 97.)
This idea can be used to answer a question of the Lechem
Mishne as well. The Gemorah at the
end of Pesachim says there is a machlokes if the blessing one says
before eating the pesach will exempt the blessing of the chagigah. The blood of the ipesach is poured, the
blood of the chagigah is sprinkled.
The Gemorah says if one can pour the blood instead of sprinkling then
one can exempt the chagigah with the blessing of the pesach for
the avodot match but if not, not.
The Rambam rules the blessing of the pesach doesn’t exempt the chagigah
but he also rules that if one spilled the blood instead of sprinkling that
one is yotzei. The Lechem
Mishne asks how does the Rambam split the ticket? The Rambam understood the whole Gemorah
assumes like Ben Tame that the chagigah is part of the obligation of pesach,
hence they can share the same blessing.
However, like the Rabbis, it is a distinct korban and the
blessing of the chagigah doesn’t cover the pesach (Divrei
Eliezer siman 7.)
[Of course, the Gemorah there needs an explanation what is
the connection between the avodot hadam and the blessing, והאריכו האחרונים ואכ"מ. Also needs to be explained how the blessing
of the pesach will exempt the chagigah if the chagigah is
eaten first? See the Ri’ M’lonel there.]
This issue of how linked the chagigah is to the pesach
may have a bearing on determining what time its slaughtered. The Mishne L’melech Kli Mikdash 6:9 has
a long discussion about this. It is
clear from the Tosfos Rid that he understands it is slaughtered at the same
time as the pesach. Whether the chagigas
yud daled is viewed as part of the pesach or a holiday obligation
its understood that the chagigah must be slaughtered at the time of the pesach
or when it is already considered yom tov on erev pesach from
the time of the pesach slaughtering.
According to Rashi in Pesachim 69b the reason that you bring
the chagigah of the pesach is so that the pesach can be
eaten when one is already satiated. The
point of the chagigah is to insure the pesach is eaten when
already satiated. The Rambam indicates
(8:3) that the eating of the chagigah does ensure the pesach will
be eaten after one is already satiated but that’s not the reason why it is
brought. It is a separate korban. The Rambam follows his own view that it is an
independent obligation. The Chinuch
(486) writes the reason for the mitzvah is to add to the simcha (see
Yerusalmi 9:3 links it to hallel.)
This fits with the Rambam that the chagigah is a Torah concept,
not just to aid the pesach (see Maseas Moshe siman 96.)
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