Shelamim of Simcha And Chagigah

The Gemorah in Pesachim (70b-71a) brings a machlokes amoraim if one can fulfill the obligation of shalme simcha with animals that are slaughtered prior to the holiday or do we require זביחה בשעת שמחה.  We see from the opinion (עולא אמר ר"א) that requires זביחה בשעת שמחה that the mitzvoh isn’t fulfilled by the eating of the korban, rather there is an obligation of the holiday simcha is to bring a korban.  The language of Maimonides indicates this way as well.  He says in positive commandment #54 and Laws of Chagigah 1:1 the mitzvah is to be מקריב  a korban.  On the other hand, the Gemorah in Chagigah 7b says that one can fulfill shalme simcha with other korbanot.  If one needs a הקרבה as a shelamim, how can one fulfill their obligation with other korbanot? 

Tosfos in Chagigah says (in one answer) that one can fulfill shalme simcha with נדרים ונדבות only if they are offered לשם שמחה, not לשם נדרים.  We see from Tosfos that one does need to offer the korban for the sake of simcha in order to fulfill the הקרבה as a shalme simcha.  On the one hand you don't need to offer a specific shalme simcha, but you do need to have intent that the korban is being offered for simcha (see Maadanei Moshe siman 4.)

However, Rashi in Zevachim 99b explains that you can use a todah as shalmei simcha only because its called a shelamim.  Why does it have to be called a shelamim if you can fulfill your obligation with other korbanot ?(see Sfas Emes.)

What is the din regarding the shelamim of chagigah, does it have to be offered on yom tov itself?  The simple understanding would be that it has too because it is an obligation of the day.  That is the view of Tosfos in Pesachim 70b ד"ה שלמים as well as the opinion of the Rid (71a).  It is clear from the Raavad and Rambam Laws of Chagigah 2:10-11 that they disagree.  How can they hold you have fulfilled your obligation of bringing a korban to Hashem?  We see that they must hold the obligation of the chagigah isn't to offer a korban to Hashem, rather its an obligation on the person to eat 'לפני ה.  Hence, even if the הקרבה  was done before the holiday, since the eating itself is done on the holiday one fulfills their obligation.  Tosfos on the other hand, holds its an obligation of הקרבה and therefore, the הקרבה must be done on yom tov (see Avnei Nezer #422 and Maseas Moshe siman 97.)  

Sheepfull Lesson

Why must the Korban Pesach come from a sheep and not from a cow?

Yermiyahu Ch. 50 verse 17: שֶׂה פְזוּרָה יִשְׂרָאֵל אֲרָיוֹת הִדִּיחוּ הָרִאשֹׁון אֲכָלוֹ מֶלֶךְ אַשּׁוּר וְזֶה הָאַחֲרוֹן עִצְּמוֹ נְבוּכַדְרֶאצַּר מֶלֶךְ בָּבֶל:

Yalkut Shemoni on the verse:

משולים כשה. שה פזורה ישראל
מה דרכו של שה לוקה באחד מאבריו וכלם מרגישים, אף ישראל אחד חוטא וכלם נענשים
תני רבי שמעון בן יוחאי:
משל לשני בני אדם שהיו נתונים בספינה נטל אחד מהם מקדח והתחיל קודח תחתיו.
אמרו לו חבריו: למה אתה עושה כך?
אמר להם: מה איכפת לכם, לא תחתי אני קודח?!
אמרו לו: מפני שאתה מציף עלינו את הספינה!
אף איוב אמר כן: ואף אמנם שגיתי אתי תלין משוגתי.
אמרו לו חבריו: כי יוסיף על חטאתו פשע בינינו יספוק - אתה מספיק בינינו את עונותינו.

The Ritvah on the Haggadah on ויהי שם לגוי:

Based upon his words we understand why the Haggadah starts with an invitation to guests and how the plea for redemption follows.  Because it is by helping others, by feeling their pain, that we merit to end the golus.

This is the lesson of the sheep.

The Matzoh Story

Many ask why is there no blessing recited on the mitzvah of סיפור יצ"מ?  The Rosh (24:2) answers that there are many mitzvot that function to remind us of the Exodus and yet we don’t say a blessing on it for example separating the first-born animal.  The question is what is the comparison of the Rosh to other mitzvot, there it is a side detail in the mitzvah but here the mitzvah itself is to say the story of the Haggadah?

The Ramban in his attacks on the Rambam mitzvah #15 says that birchat hatorah should be counted as a separate mitzvah just as the reading of the parsha of Bikkurim isn’t included in the mitzvah of Bikkurim and like Haggadah isn’t included in the mitzvah of pesach.  We understand that the reading of the parsha of Bikkurim goes hand in hand with the Bikkurim itself but what does the mitzvah of סיפור יצ"מ have to do with the pesach? 

We see from here that סיפור יצ"מ comes to complete the mitzvot of the night.  The Smag goes so far as to not even count it as its own mitzvah.  The other Rishonim don’t go that far and do count it as its own mitzvah but they agree as well that the yesod of the mitzvah is part of the mitzvah of matzah and pesach  (Bad Kodesh volume 5 siman 9.) 

Based upon this, we can gain an understanding in the din of Rabban Gamliel (116a cited in Haggadah) that one who doesn’t say the reason of pesach, matzah and maror hasn’t fulfilled their obligation.  Why is there a din of mentioning the reason over here?  Because we see that the Torah makes the saying of the story part of the mitzvah itself.

Don't Shect In Private

Thr possuk says in Re’ah (16:5) says לֹ֥א תוּכַ֖ל לִזְבֹּ֣חַ אֶת־הַפָּ֑סַח בְּאַחַ֣ד שְׁעָרֶ֔יךָ אֲשֶׁר ה' אלקיך נותן לך The Gemorah in Zevachim 114b derives from here a negative prohibition to slaughter the pesach on a bammah at the time when bamot were permitted.  The Chinuch #487 counts it as a lav to slaughter the pesach on a bammah.  It is clear that he holds it is a specific prohibition regarding the pesach.  It appears that way as well from the Rambam Korban Pesach 1:3.  However, Rashi in Zevachim says that the lav applies to all korbanot that aren’t offered on a bammah.  What is the nature of this debate?  

The Minchas Avrohom explains that according to Rashi the lav is like the issur of שחוטי חוץ.  Just as there is a prohibition in slaughtering an animal of kodesh outside the mikdash, so too one can’t slaughter an animal that should be offered on the bammas tzibbur outside of it. The Meiri (Pesachim 91) takes this idea a step further and understands it is a גילוי מילתא  that there is kares for slaughtering the animal outside the bammah just like there is for שחוטי חוץ.  However, the Rambam and Chinuch understand the lav is a specific din regarding the pesach. 

Why is there a specific prohibition regarding the pesach not to slaughter the pesach on a personal bammah?  Based upon what we explained here, it’s understood that the pesach is supposed to bind everyone together.  Hence, the pesach must be offered on the communal, shared altar, not on individual, private ones.

Chagigas Yud Daled

On every one of the three regalim a person must offer three korbanot, an olah and two shelamim.  The olah is part of the obligation to come to the עזרה, one must offer a shelamim as a chagigah as celebration of the holiday and then there is an additional offering of a shelamim to be offered for simcha (see Rambam beginning of Laws of Chagigah.)  On Pesach there is an additional offering, the chagigas yud daled.  What is the nature of this additional chagigah, why is it brought and what is its obligation?

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 120^th 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.)

A New Seder

The Seder night is of course called the Seder because of the order of events that we follow.  Of course, the very fact that the night of the foundation of our Emunah and relationship to God shows us the importance of seder and how it is an integral theme in Judaism.  It is quite interesting that we put this emphasis on seder on this night for the events involved in the exodus from Egypt seemed anything but seder.  There were open miracles, changes of nature and all sorts of wild and crazy things going on so why is this night called the Seder, it should be called the night of chaos?

Pesach was not chas v’shalom a lack of seder.   What was  being revealed was a new type of seder. 

The first mitzvah given to Klal Yisroel is to be mekadesh the month.  Everyone asks why is this the first mitzvah given, is this mitzvah so fundamental that it must be first?  The Ritvah on the Haggadah says on the passage of מרא גדל – זו השכינה that in the process of the Exodus Hashem revealed himself three times, once at the time of saying the mitzvah of kiddush hachodesh, a second time at the night of the geulah and the third time at krias yam suf.  That means there was the same revelation in the giving of the mitzvah of kiddush hachodesh as there is at the night of the geulah and krias yam suf.  Why does the giving of this mitzvah need to be accompanied with such a revelation? 

 The first mitzvah fulfilled by Adam was kiddush hachodesh (see Tosfos Rosh Hashana 8a ד"ה לתקופת.)  The first mitzvah was for man, Adam to recognize that all the natural order of the world, demonstrated by time are set in place and controlled by Hashem.  Adam was being mekadesh time, acknowledging the seder of tevah is controlled by Hashem.

Nissan is considered month #1.  Why is it #1 if the world was created in Tishrei, what sense does it make to consider it month #1?  Tishrei was the creation of the world, it is month #1 in the seder of tevah.  Gentile kings count it as a new year in their reign from Tishrei, they follow the pattern of tevah.  Nissan is #1 to the seder.  This is a seder of Nissim (Maharal terminology.)  This isn’t the normal seder, it is a seder of Divine interference, of גילוי שכינה.  Just as the first mitzvah given to mankind in the seder of tevah is kiddush hachodesh, to recognize Hashem controls that order, so too the new order starts with kiddush hachodesh.  However, the mitzvah of kiddush hachodesh given to Klal Yisroel isn’t merely to be mekadesh time, it gives us the power to rule over time as is known from the Yerushalmi Ketubot (Ch. 1 halacha 2.)  It is a kiddush of Divine interference, when the seder is determined by the mitzvah, not just the natural order (largely based upon Shiras Dovid, but I  explained the part about Adam differently.)  [The two kinds of seder is in Maharal second intro. to Gevurot and the difference between Tishrei vs. Nissan is explained in the Torah of Chabad (see for ex. The maamarim on parshas hachodesh) and its in Rav Eizek Chavar, though I don’t remember where.]     

Two Types Of Matzah

In Bamidbar (9:11) it says the pesach should be eaten with matzah and marror.  However, in Shemos (12:18) it says the obligation to eat matzah independently, is matzah to be eaten alone or together with the pesach?  The Gemorah in Pesachim 120a reconciles the two verses.  The verse in Shemos teaches us that even when there is no pesach there still is an obligation to eat matzah.  We see from the Gemorah that there are two obligations of matzah, one as part of the pesach and other as its own obligation.

Tosfos in Kiddushin 38a asks for that the generation that entered Eretz Yisroel and didn’t have matzah, the mitzvah of matzah should be doche the lav of eating chadash.  The Achronim ask that one only fulfills matzah that could’ve become chametz.  If its chadash, then the lav of chametz isn’t chal and therefore can’t become chametz.  So how can one fulfill the obligation of matzah with chadash?  The Zecher Yitzchak (80:2) explains that all the laws necessary for matzah like lechem oniy, can become chametz etc. only apply to the obligation of matzah to be eaten with the pesach.  However, the obligation to eat matzah by itself doesn’t have all these details.  This obligation is to merely eat something called matzah.  (See further elaboration about this principal in Kol Avinoam siman 18 by Rav Warmen.)

This lomdus can be used to explain what appears to be a contradiction in the Haggadah.  We start Maggid by explaining the reason of matzah is because that’s what we ate as slaves in Egypt.  However, at the end of Maggid, when we give the reasons for the mitzvot we say it’s because we had to flee Egypt in a hurry and the bread had no time to rise.  Which one is the reason, is it because of the slavery or the freedom?  Furthermore, what is the connection between the fact that we ate matzah in Mitzraim and the line afterward in the Ha Lachmeanyah where we add a prayer to be in Jerusalem next year?  Based upon the understanding of the two obligations of matzah we can understand these two passages in Maggid.  The first mention of matzah is referring to the obligation to eat it with the pesach and marror.  This was the obligation of matzah that Bnei Yisroel had before being freed.  This matzah serves a remembrance of the slavery.  Therefore, it goes together with marror and the pesach to remember the slavery and how Hashem saved us from the makkos and killed the Egyptians.  This obligation we can’t fulfill today without a pesach and therefore we say a prayer that next year we should be able to fulfill it in Jerusalem.  The second reason the Haggadah gives for matzah is for the obligation to eat matzah independently.  This matzah corresponds to the matzah that was eaten because we were rushed out and is a remembrance to the freedom (Based upon Haggadah Yesi Veyipsach.)