פסחים 98 — Soncino English Talmud

¹IF A MAN SEPARATES HIS PASSOVER-OFFERING AND DIES, HIS SON AFTER HIM MUST NOT BRING IT AS A PASSOVER-OFFERING BUT AS A PEACE-OFFERING. G E M A R A.R.Huna son of R.Joshua said, This proves three things: [i] Live animals may be [permanently] rejected; [ii] that which is rejected [even] ab initio is rejected; and [iii] rejection is applicable to monetary sanctity. IF A MAN SEPARATES HIS PASSOVER-OFFERING etc. Our Rabbis taught: If a man separates his Passover-offering and dies, — If his son is registered with him, he must bring it as a Passover-offering; [if] his son is not registered with him, he must bring it as a peace-offering on the sixteenth [of Nisan]. Only on the sixteenth, but not on the fifteenth: he holds, Vows and voluntary offerings may not be offered on a Festival. Now when did the father die? Shall we say that he died before midday [then how is it stated], ‘if his son is registered with him he must bring it as a peace-offering’? — But surely aninuth [bereavement] has previously fallen upon him! Again, if he died after midday, ‘[if] his son is not registered with him, he must bring it as a peace-offering’?-But midday has stamped it? Said Rabbah: In truth it is meant where he died before midday, and what does ‘he must bring it as a Passover-offering’ mean? He must bring it for the second Passover. Abaye said, It is taught disjunctively: If he died after midday, [and] his son is registered with him, he must bring it for the sake of a Passover. If he died before midday, [and] his son is not registered with him, he must bring it as a peace-offering. R. Sherabia said: In truth it means where he died after midday, the case being e.g., where his father was in a dying condition at midday. R. Ashi said: In truth it means that he died after midday, this being in accordance with R. Simeon, who maintained: Live animals cannot be [permanently] rejected. Rabina said: [It means] e.g., where he set it aside after midday and its owner died after midday, and he holds: [only] midday establishes it . M I S H N A H. IF A PASSOVER-OFFERING BECAME MIXED UP WITH OTHER SACRIFICES, ALL MUST BE LEFT TO GRAZE UNTIL THEY BECOME UNFIT [THROUGH A BLEMISH], THEN BE SOLD, AND FOR THE PRICE OF THE BEST ONE MUST PURCHASE [AN ANIMAL] OF EACH DENOMINATION, AND MAKE UP THE EXCESS FROM ONE'S PRIVATE PURSE. IF IT BECAME MIXED UP WITH FIRSTLINGS, -R. SIMEON SAID: IF [THE PASSOVER-OFFERING BELONGED TO] A COMPANY OF PRIESTS, THEY EAT [ALL ON THAT NIGHT]. G E M A R A.^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ

^ᵃnote:As now there are none registered for it.
^ᵇnote:As here: the animal being rejected from its original purpose, viz., a Passover-offering, it remains ineligible even for a peace-offering, for which it is fit, but must graze. There is an opposing view in Yoma 63b, and quoted infra, that only a dead animal can be rejected permanently.
^ᶜnote:This animal was not eligible for its purpose from the very outset. There is an opposing view in Suk. 33b that an animal can be permanently rejected only if it was originally eligible.
^ᵈnote:Since this animal is unfit for a Passover-offering, it was sanctified from the very outset only for its value, viz., that its redemption money should be expended on a sacrifice. Nevertheless it becomes permanently ineligible for the altar.
^ᵉnote:I.e., on the first of the Intermediate Days.
^ᶠnote:P. 288, n. 3.
^ᵍnote:Before the obligation of the Passover, which commences at midday. It is stated supra 91a that the Passover must not be sacrificed on behalf of an onen (v. Glos.) by himself, whereas the present passage implies that he brings it himself, even when he is not registered with others.
^ʰnote:As a Passover, and since it cannot be sacrificed as such it remains rejected and cannot be offered itself, as supra 96b ff.
^ⁱnote:If he did not keep the first through his bereavement.
^ʲnote:Hence if his son was registered with him, he must bring it as a Passover, since that obligation preceded his bereavement. But if his son was not registered with him, he must bring it as a peace-offering, for since his father was already in a dying condition, midday did not establish it as a Passover-offering.
^ᵏnote:But was not necessarily dying at midday.
^ˡnote:Save when they become actually unfit, e.g.,if they receive a blemish or are given as a harlot's hire (v. Deut. XXIII, 19).
^ᵐnote:But not the rest of the time allotted for its slaughtering. Hence it has not been established and therefore it cannot be rejected. Consequently, if his son was not registered with him, he must bring it as a peace-offering.
^ⁿnote:Lit., ‘lose’.
^ᵒnote:Lit., ‘house’. Thus: if three lambs of unequal value, one dedicated for a Passover-offering, another for a guilt-offering, and the third for a burnt-offering, became mixed up, they must all be sold. Since the best may have been any of the three sacrifices, he must buy an animal for each sacrifice at the cost of the best; naturally he will need more than they realized, and he must make that up himself.-Instead of ‘he must lose’ there is a variant: ‘and he must set aside’.
^ᵖnote:Which are offered in the same way as Passover-offerings, viz., the blood of both is sprinkled in the same way, and neither require the waving of the breast and shoulder, nor laying of the hands, nor libations.
^ᵠnote:Stipulating at the time of slaughtering: ‘Whichever is the Passover-offering, we sacrifice it as such, and whichever is the firstling, we offer it as such’.

²But he brings sacrifices to the place of unfitness? -R. Simeon is consistent with his view, for he maintains: One may bring sacrifices to the place of unfitness. For we learned: If a guilt-offering was mixed up with a peace-offering, — R. Simeon said: They must be slaughtered at the north [side of the altar] and eaten in accordance with [the laws of] the more stringent of them. Said they to him: One may not bring sacrifices to the place of unfitness. Now according to the Rabbis, what do we do? -Said Raba: We wait until they receive a blemish. Then he brings a choice animal and declares: ‘Wherever the Passover-offering may be, let it[s sanctity] be transferred to this one,’ and he eats them In accordance with the laws of a blemished firstling. M I S H N A H. IF A COMPANY LOST THEIR PASCHAL SACRIFICE AND INSTRUCTED ONE [OF THEIR NUMBER], ‘GO AND SEEK IT, AND SLAUGHTER IT ON OUR BEHALF’; AND HE WENT, FOUND, AND SLAUGHTERED IT, WHILE THEY [Also] TOOK AN ANIMAL AND SLAUGHTERED [IT]: IF HIS WAS SLAUGHTERED FIRST, HE EATS OF HIS AND THEY EAT WITH HIM. WHILE IF THEIRS WAS FIRST SLAUGHTERED, THEY EAT OF THEIRS, WHILE HE EATS OF HIS. BUT IF IT IS UNKNOWN WHICH OF THEM WAS FIRST SLAUGHTERED, OR IF THEY KILLED BOTH OF THEM AT THE SAME TIME, HE EATS OF HIS, BUT THEY MAY NOT EAT WITH HIM; WHILE THEIRS GOES FORTH TO THE PLACE OF BURNING, AND THEY ARE EXEMPT FROM KEEPING THE SECOND PASSOVER. IF HE SAID TO THEM, IF I DELAY, GO FORTH AND SLAUGHTER ON MY BEHALF,’ [AND] THEN HE WENT AND FOUND AND SLAUGHTERED [IT], WHILE THEY TOOK [ANOTHER] AND SLAUGHTERED [IT], IF THEIRS WAS SLAUGHTERED FIRST, THEY EAT OF THEIRS WHILE HE EATS WITH THEM. WHILE IF HIS WAS SLAUGHTERED FIRST, HE EATS OF HIS AND THEY EAT OF THEIRS. But IF IT IS UNKNOWN WHICH OF THEM WAS SLAUGHTERED FIRST, OR IF THEY SLAUGHTERED BOTH OF THEM AT THE SAME TIME, THEY EAT OF THEIRS, BUT HE MAY NOT EAT WITH THEM, WHILE HIS OWN GOES FORTH TO THE PLACE OF BURNING, AND HE IS EXEMPT FROM KEEPING THE SECOND PASSOVER. IF HE INSTRUCTED THEM, AND THEY INSTRUCTED HIM, THEY MUST ALL EAT OF THE FIRST [TO BE SLAUGHTERED], AND IF IT IS UNKNOWN WHICH OF THEM WAS SLAUGHTERED FIRST, BOTH GO FORTH TO THE PLACE OF BURNING. IF HE DID NOT INSTRUCT THEM AND THEY DID NOT INSTRUCT HIM, THEY ARE NOT RESPONSIBLE FOR EACH OTHER. IF THE PASCHAL SACRIFICES OF TWO COMPANIES BECOME MIXED UP, THESE TAKE POSSESSION OF ONE [ANIMAL] AND THOSE TAKE POSSESSION OF ONE. ONE MEMBER OF THESE JOINS THOSE, AND ONE MEMBER OF THOSE JOINS THESE, AND THEY DECLARE THUS: IF THIS PASCHAL SACRIFICE IS OURS, YOUR HANDS ARE WITHDRAWN FROM YOUR OWN AND YOU ARE REGISTERED FOR OURS; WHILE IF THIS PASCHAL SACRIFICE IS YOURS, OUR HANDS ARE WITHDRAWN FROM OURS AND WE ARE REGISTERED FOR YOURS. SIMILARLY, IF THERE ARE FIVE COMPANIES CONSISTING OF FIVE MEMBERS EACH OR OF TEN EACH, THEY DRAW ONE FROM EACH COMPANY TO THEMSELVES AND MAKE THE FOREGOING DECLARATION. IF THE PASCHAL SACRIFICES BELONGING TO TWO [SINGLE INDIVIDUALS] BECOME MIXED UP, EACH TAKES POSSESSION OF ONE [ANIMAL]; THIS ONE REGISTERS A STRANGER WITH HIMSELF AND THAT ONE REGISTERS A STRANGER WITH HIMSELF. THE FORMER GOES OVER TO THE LATTER SACRIFICE AND THE LATTER GOES OVER TO THE FORMER SACRIFICE, AND THEY [I.E., EACH OWNER] DECLARE THUS: IF THIS PASCHAL SACRIFICE IS MINE, YOUR HANDS ARE WITHDRAWN FROM YOUR OWN AND YOU ARE REGISTERED FOR MINE; WHILE IF THIS PASCHAL SACRIFICE IS YOURS, MY HANDS ARE WITHDRAWN FROM MINE AND I AM REGISTERED FOR YOURS.’ G E M A R A. Our Rabbis taught: if he instructed them and they instructed him, they must [all] eat of the first. If he did not instruct them and they did not instruct him, they are not responsible for each other.33^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ

^ʳnote:This difficulty arises on R. Simeon's ruling. A firstling may be eaten two days and the night in between, whereas the Passover-offering may be eaten only on the first night. Thus if it is not eaten by morning he must burn it as nothar (v. Glos.), whereas it is actually still fit.
^ˢnote:In such a case, rather than let them graze until they receive a blemish, which is the only alternative.
^ᵗnote:The side prescribed for the slaughtering of a guilt-offering. Peace-offerings could be slaughtered on any side of the Temple Court.
^ᵘnote:I.e., as guilt-offerings, viz., during one day and a night only, within the Temple precincts, and by male priests.-A peace-offering is eaten two days and one night, anywhere in Jerusalem, and by Israelites as well as priests.
^ᵛnote:But they must be left to graze until blemished.
^ʷnote:When a Passover-offering is mixed up with a firstling. When it is mixed up with a burnt-offering or guilt-offering, or when a peace-offering is mixed up with a guilt-offering, the expedient stated in the Mishnah is possible. But a firstling, even when blemished, can not be redeemed in the sense that it becomes hullin but must be eaten by a priest with its blemish; while on the other hand when a Passover-offering receives a blemish, it must be redeemed and may not be eaten otherwise.
^ˣnote:I.e., whichever of these two animals is the Passover.
^ʸnote:Thus whichever is the Passover-offering is redeemed.
^ᶻnote:These are: it may not be slaughtered or sold in the ordinary abattoir, nor weighed with the ordinary weights. These restrictions do not apply to a redeemed Passover-offering, and would not apply here if he knew which it was.
^ᵃᵃnote:By instructing him to slaughter it on their behalf they become registered for his and cannot register for another after the first was slaughtered. Hence their own is unfit and must be burnt.
^ᵃᵇnote:By slaughtering their own first they ipso facto cancelled their registration for the original, which is permissible, v. supra 89a.
^ᵃᶜnote:But not of theirs, since he had not registered with them.
^ᵃᵈnote:Lest their own was slaughtered first, whereby they had cancelled their registration for his.
^ᵃᵉnote:For his may have been killed first; v. n. 4.
^ᵃᶠnote:Because they were certainly registered for one animal at the first Passover, while the eating is not indispensable.
^ᵃᵍnote:But they did not instruct him to slaughter the lost animal on their behalf.
^ᵃʰnote:While his own must be burnt, for according to his instructions he was now registered for theirs; hence his is unfit, having none registered for it.
^ᵃⁱnote:Cf. p. 528, n. 5.
^ᵃʲnote:For they were not registered for his, since they had not instructed him to slaughter it on their behalf.
^ᵃᵏnote:Cf. p. 528, n. 9.
^ᵃˡnote:He instructed them to slaughter on his behalf if he delayed, and they instructed him to slaughter on their behalf if he found the lost animal.
^ᵃᵐnote:For which they are all automatically registered now.
^ᵃⁿnote:Each must thus go forth lest it was slaughtered last and had none registered for it.
^ᵃᵒnote:To slaughter on each other's behalf.
^ᵃᵖnote:Each party eats of its own, whatever the order of their slaughtering.
^ᵃᵠnote:Each company declares thus to the newcomer.
^ᵃʳnote:I.e., it belongs to your first company.
^ᵃˢnote:One of each company must join the other, for otherwise each company would have to withdraw en masse from their own, if it had been taken by the second, thus leaving it momentarily entirely without owners, and this is forbidden.
^ᵃᵗnote:Each company consists of four new members and one original member. The latter (or all the original members, where each company consisted of more than five) makes the foregoing declaration to each new member in turn.
^ᵃᵘnote:Lit., ‘a man from the street’.
^ᵃᵛnote:Thus there are now two registered persons for each sacrifice.
^ᵃʷnote:The general reasoning is the same as in the previous cases.
^ᵃˣnote:Thus in the first case one animal must be destroyed, whatever happens, while in the second both are eaten.