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Korban Pesach - Chapter 5

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Korban Pesach - Chapter 5

1When someone was impure at the time of the slaughter of the Paschal sacrifice1 and the Paschal sacrifice could not be slaughtered for him,2 was “on a distant way,”3 he was prevented because of other reasons, or inadvertently failed to offer the first Paschal sacrifice, he should bring a Paschal sacrifice on the fourteenth of the second month in the afternoon.אמִי שֶׁהָיָה טָמֵא בִּשְׁעַת שְׁחִיטַת הַפֶּסַח, שֶׁאֵין שׁוֹחֲטִין עָלָיו, אוֹ שֶׁהָיָה בְּדֶרֶךְ רְחוֹקָה, אוֹ נֶאֱנַס בְּאֹנֶס אַחֵר, אוֹ שֶׁשָּׁגַג, וְלֹא הִקְרִיב בָּרִאשׁוֹן - הֲרֵי זֶה שׁוֹחֵט פֶּסַח בְּאַרְבָּעָה עָשָׂר שֶׁל חֹדֶשׁ הַשֵּׁנִי בֵּין הָעַרְבַּיִם.
Slaughtering this Paschal sacrifice is an independent positive commandment4 and supersedes the Sabbath prohibitions.5 For the second Pesach is not compensation for the first, but an independent festival.6 Therefore one is liable for karet for failing to bring the sacrifice.7וּשְׁחִיטַת פֶּסַח זֶה - מִצְוַת עֲשֵׂה בִּפְנֵי עַצְמָהּ, וְדוֹחָה אֶת הַשַּׁבָּת, שֶׁאֵין הַשֵּׁנִי תַּשְׁלוּמִין לָרִאשׁוֹן, אֶלָא רֶגֶל בִּפְנֵי עַצְמוֹ. לְפִיכָךְ חַיָּבִין עָלָיו כָּרֵת.
2What is implied? If a person inadvertently or because of forces beyond his control failed to offer the first Paschal sacrifice, if he intentionally refrained from offering the second, he is liable for karet.8 If he inadvertently did not offer the second Paschal sacrifice or was held back due to forces beyond his control, he is exempt from karet.9בכֵּיצַד? מִי שֶׁשָּׁגַג אוֹ נֶאֱנַס וְלֹא הִקְרִיב בָּרִאשׁוֹן: אִם הֵזִיד וְלֹא הִקְרִיב בַּשֵּׁנִי, חַיָּב כָּרֵת; וְאִם שָׁגַג אוֹ נֶאֱנַס אַף בַּשֵּׁנִי, פָּטוּר.
If he intentionally did not offer the first Paschal sacrifice, he may offer the second. If he did not offer the second Paschal sacrifice, even if his lapse was unintentional, he is liable for karet. The rationale is that he did not offer God’s sacrifice at the appointed time and was willful in his omission.10הֵזִיד וְלֹא הִקְרִיב בָּרִאשׁוֹן, הֲרֵי זֶה מַקְרִיב בַּשֵּׁנִי; וְאִם לֹא הִקְרִיב בַּשֵּׁנִי, אַף עַל פִּי שֶׁשָּׁגַג - הֲרֵי זֶה חַיָּב כָּרֵת, שֶׁהֲרֵי לֹא הִקְרִיב קָרְבַּן ה' בְּמוֹעֲדוֹ, וְהָיָה מֵזִיד.
If, however, he was impure or “on a distant way” and did not offer the first Paschal sacrifice, he is not liable for karet even though he willfully did not bring the second. The rationale is that on the first Pesach, he was already exempt from karet.11אֲבָל מִי שֶׁהָיָה טָמֵא אוֹ בְּדֶרֶךְ רְחוֹקָה וְלֹא עָשָׂה אֶת הָרִאשׁוֹן, אַף עַל פִּי שֶׁהֵזִיד בַּשֵּׁנִי, אֵינוֹ חַיָּב כָּרֵת, שֶׁכְּבָר נִפְטַר בְּפֶסַח רִאשׁוֹן מִן הַכָּרֵת.
3When someone was “on a distant way” on the fourteenth of Nisan,12 but the Paschal sacrifice was nevertheless sacrificed on his behalf and the blood was poured on the altar for him, it is not accepted and he is obligated to offer a second Paschal sacrifice even though he came in the evening.13גוּמִי שֶׁהָיָה בְּדֶרֶךְ רְחוֹקָה וְשָׁחֲטוּ וְזָרְקוּ עָלָיו אֶת הַדָּם, אַף עַל פִּי שֶׁבָּא לָעֶרֶב - לֹא הֻרְצָה, וְחַיָּב בְּפֶסַח שֵׁנִי.
4When a person is impure, but could purify himself to partake of the first Paschal sacrifice,14 and yet refrains from immersing himself and instead, remains in a state of impurity until the time for offering the sacrifices passes, he is considered as having intentionally failed to sacrifice the first Paschal sacrifice.15 This ruling also applies to an uncircumcised person16 who does not circumcise himself until the time for the sacrifice passes.דטָמֵא שֶׁיָּכוֹל לִטַּהֵר בְּפֶסַח רִאשׁוֹן שֶׁלֹּא טָבַל אֶלָא יָשַׁב בְּטֻמְאָתוֹ עַד שֶׁעָבַר זְמַן הַקָּרְבָּן, וְכֵן הֶעָרֵל שֶׁלֹּא מָל עַד שֶׁעָבַר זְמַן הַקָּרְבָּן - הֲרֵי זֶה מֵזִיד בָּרִאשׁוֹן.
Therefore if these individuals do not offer the second Paschal sacrifice—even if their failure to do so is inadvertent—they are liable for karet.17לְפִיכָךְ אִם לֹא עָשָׂה אֶת הַשֵּׁנִי, אַפִלּוּ בִּשְׁגָגָה - חַיָּב כָּרֵת.
5Just as the failure to circumcise oneself holds a person back from offering the Paschal sacrifice,18 so too, the failure to circumcise one’s children below the age of majority19 and the failure to circumcise all of one’s Canaanite servants, whether above majority or below majority, holds him back,20 as Exodus 12:48 states: “He shall circumcise all males, then he will draw close to offer it.”הכְּשֵׁם שֶׁמִּילַת עַצְמוֹ מְעַכֶּבֶת אוֹתוֹ מִלַּעֲשׂוֹת פֶּסַח, כָּךְ מִילַת בָּנָיו הַקְּטַנִּים וּמִילַת כָּל עֲבָדָיו, בֵּין גְּדוֹלִים בֵּין קְטַנִּים מְעַכֶּבֶת אוֹתוֹ, שֶׁנֶּאֱמַר "הִמּוֹל לוֹ כָל זָכָר וְאָז יִקְרַב לַעֲשֹׂתוֹ" (שמות יב,מח).
If one offered the Paschal sacrifice before circumcising the above individuals, the Paschal sacrifices is invalidated.וְאִם שָׁחַט קֹדֶם שֶׁיָּמוּל אוֹתָם, הַפֶּסַח פָּסוּל.
Similarly, the immersion of one’s Canaanite maidservants in a mikveh for the sake of servitude21 holds one back from offering the Paschal sacrifice. This matter is part of the received tradition:22 immersion for maidservants is equivalent to circumcision for servants.וְכֵן טְבִילַת אַמְהוֹתָיו לְשֵׁם עַבְדוּת מְעַכֶּבֶת אוֹתוֹ. וְדָבָר זֶה מִפִּי הַקַּבָּלָה, שֶׁהַטְּבִילָה לַשְּׁפָחוֹת כַּמִּילָה לָעֲבָדִים.
6The circumcision of his servants and the immersion of his maidservants are not factors that prevent a minor from being enumerated on a Paschal sacrifice,23 as indicated by ibid.:44: “Any servant of a man.”24 This excludes a minor.25והַקָּטָן, אֵין מִילַת עֲבָדָיו וּטְבִילַת שִׁפְחוֹתָיו מְעַכֶּבֶת אוֹתוֹ מִלְּהִמָּנוֹת עַל הַפֶּסַח, שֶׁנֶּאֱמַר "וְכָל עֶבֶד אִישׁ" (שמות יב, מד) - לְהוֹצִיא אֶת הַקָּטָן.
7A convert who converts between the first Pesach and the second Pesach and similarly, a child who comes of age between these two holidays are obligated to offer the second Paschal sacrifice.26 If one slaughtered the first Paschal sacrifice for the sake of the minor,27 the minor is exempt from bringing the second sacrifice.28זגֵּר שֶׁנִתְגַּיֵּר בֵּין פֶּסַח רִאשׁוֹן לְפֶסַח שֵׁנִי, וְכֵן קָטָן שֶׁהִגְדִּיל בֵּין שְׁנֵי פְּסָחִים - חַיָּבִין לַעֲשׂוֹת פֶּסַח שֵׁנִי. וְאִם שָׁחֲטוּ עָלָיו בָּרִאשׁוֹן, פָּטוּר.
8When the obligation of women is postponed until the second Pesach, whether because of forces beyond their control, inadvertent omission, impurity, or because they were “on a distant way,” offering the second Paschal sacrifice is optional for them. If they desire, they may have the offering slaughtered; if they do not desire, they don’t. חנָשִׁים שֶׁנִּדְחוּ לַשֵּׁנִי - בֵּין מִפְּנֵי הָאֹנֶס וְהַשְּׁגָגָה, בֵּין מִפְּנֵי הַטֻּמְאָה וְדֶרֶךְ רְחוֹקָה - הֲרֵי פֶּסַח שֵׁנִי לָהֶם רְשׁוּת: רָצוּ שׁוֹחֲטִין, רָצוּ אֵין שׁוֹחֲטִין.
Therefore one should not slaughter a Paschal sacrifice only for women when the second Pesach falls on the Sabbath.29 If, however, a woman is part of the company offering a second Paschal sacrifice, it is permitted.לְפִיכָךְ אֵין שׁוֹחֲטִין עֲלֵיהֶן בִּפְנֵי עַצְמָן בַּשַּׁבָּת בְּפֶסַח שֵׁנִי. אֲבָל אִם הָיְתָה הָאִשָּׁה אַחַת מִבְּנֵי חֲבוּרָה, מֻתָּר.
What is meant by the term “on a distant way” which exempts a person from bringing a Paschal sacrifice? Fifteen mil30 outside the walls of Jerusalem.31אֵיזוֹ הִיא דֶּרֶךְ רְחוֹקָה? חֲמִשָּׁה עָשָׂר מִיל חוּץ לְחוֹמַת יְרוּשָׁלַיִם.
9If one was fifteen mil or more outside of Jerusalem at the appearance of the sun32 on the fourteenth Nisan, he is considered to be “on a distant way.” If he was closer than this, he is not considered to be “on a distant way,” because he could reach Jerusalem after midday33 while walking comfortably by foot.34טמִי שֶׁהָיָה בֵּינוֹ וּבֵין יְרוּשָׁלַיִם יוֹם אַרְבָּעָה עָשָׂר עִם עֲלִיַּת הַשֶּׁמֶשׁ, חֲמִשָּׁה עָשָׂר מִיל אוֹ יָתֵר - הֲרֵי זֶה בְּדֶרֶךְ רְחוֹקָה; הָיָה בֵּינוֹ וּבֵינָהּ פָּחוֹת מִזֶּה - אֵינוֹ בְּדֶרֶךְ רְחוֹקָה, מִפְּנֵי שֶׁיָּכוֹל לְהַגִּיעַ לִירוּשָׁלַיִם אַחַר חֲצוֹת כְּשֶׁיְּהַלֵּךְ בְּרַגְלָיו בְּנַחַת.
If he journeyed and did not reach Jerusalem in time, because he was held back by a press of animals or he was in Jerusalem, but was infirm in his legs and did not reach the Temple Courtyard until the time for the offering of the sacrifice passed, he is considered as having been held back by forces beyond his control, but not “on a distant way.”35הָלַךְ וְלֹא הִגִּיעַ מִפְּנֵי שֶׁעִכְּבוּהוּ הַבְּהֵמוֹת בְּדָחְקָם, אוֹ שֶׁהָיָה בִּירוּשָׁלַיִם וְהָיָה חוֹלֶה בְּרַגְלָיו וְלֹא הִגִּיעַ לָעֲזָרָה עַד שֶׁעָבַר זְמַן הַקָּרְבָּן - הֲרֵי זֶה אָנוּס, וְאֵינוֹ בְּדֶרֶךְ רְחוֹקָה.
If someone was imprisoned outside the walls of Jerusalem36 and was promised to be released in the evening, the offering may be slaughtered on his behalf37 and when he is released in the evening, he may partake of it.מִי שֶׁהָיָה חָבוּשׁ חוּץ לְחוֹמַת יְרוּשָׁלַיִם וְהִבְטִיחוּהוּ לָצֵאת לָעֶרֶב - שׁוֹחֲטִין עָלָיו, וּכְשֶׁיֵּצֵא לָעֶרֶב יֹאכַל.
When does the above apply? When he was imprisoned by Jews.38 If, by contrast, he was imprisoned by gentiles, the Paschal sacrifice should not be slaughtered on his behalf until he is released.39 If, however, it was slaughtered on his behalf and he was released, he may partake of it. If he was not released, he is exempt from bringing a second Paschal sacrifice, since the sacrifice was slaughtered on his behalf.40בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁהָיָה חָבוּשׁ בְּיַד יִשְׂרָאֵל; אֲבָל אִם הָיָה חָבוּשׁ בְּיַד גּוֹיִים, אֵין שׁוֹחֲטִין עָלָיו עַד שֶׁיֵּצֵא. וְאִם שָׁחֲטוּ עָלָיו וְיָצָא - הֲרֵי זֶה אוֹכֵל; וְאִם לֹא יָצָא - פָּטוּר מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי, שֶׁהֲרֵי נִשְׁחַט עָלָיו.
Similar laws apply when a Paschal sacrifice was slaughtered for a person in the acute state of onain mourning,41 for an invalid, or for an elderly person who could have42 partaken of the sacrifice43 who became impure after the blood was poured on the altar and thus they are no longer able to partake of it. They are exempt from offering the second Paschal sacrifice.44וְכֵן הָאוֹנֵן וְהַחוֹלֶה וְהַזָּקֵן שֶׁהֵם יְכוֹלִים לֶאֱכֹל, שֶׁשָּׁחֲטוּ עֲלֵיהֶן וְאַחַר שֶׁנִּזְרַק הַדָּם נִטְמְאוּ בְּמֵת, וַהֲרֵי אֵינָן יְכוֹלִין לֶאֱכֹל - הֲרֵי אֵלּוּ פְּטוּרִין מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי.

Quiz Yourself on Korban Pesach Chapter 5

Footnotes
1.

I.e., the afternoon of the fourteenth of Nisan.

2.

See Chapter 6, Halachot 1-2, which explains that there are situations when a person is ritually impure at the time the Paschal sacrifice is offered, but the sacrifice may be offered for him, since in the evening, he will regain ritual purity and be permitted to partake of the sacrifice.

3.

See Numbers 9:10: “If any man will be impure because of contact with a corpse or on a distant way... he may perform the Paschal sacrifice for God. In the second month, on the fourteenth day, after midday, shall he perform it.” The term “a distant way” is defined in Halachot 8-9.

4.

Sefer HaMitzvot (positive commandment 57) and Sefer HaChinuch (mitzvah 380) include this as one of 613 mitzvot.

5.

Thus if the fourteenth of Iyar falls on the Sabbath, the second Paschal sacrifice is brought regardless. Pesachim 66a derives this concept from the fact that Numbers 9:13 uses the term bimoado, “at its time.” Whenever that term is used, the offering of the sacrifice mentioned supersedes the Sabbath prohibitions.
Rav Yosef Corcus explains that according to the Rambam the term bimoado applies to both the day when the first Paschal sacrifice is offered and the day when the second Paschal sacrifice is offered.

6.

As Rav Yosef Corcus points out, the intent is not that the second Pesach is an entirely independent festival, for it is observed only by those who did not bring the first Paschal sacrifice at the appropriate time. Instead, the intent is that one is liable for karet for failing to bring the second Paschal sacrifice as explained in the following halachah. See also Halachah 7.

7.

As Numbers 9:13 states: “That person will be cut off from his nation.” The prevailing opinion in Pesachim 93a maintains that this verse refers to the second Paschal sacrifice.

8.

The rationale is that he was potentially liable for karet for the first Pachal sacrifice. Although in fact he was not liable for karet, because his failure to bring the sacrifice was inadvertent or due to forces beyond his control, since he was obligated to bring the sacrifice, he is liable for karet if he willfully did not compensate by bringing the second Paschal sacrifice.
The Ra’avad notes that although Pesachim 93a states this view in the name of Rabbi Yehudah HaNasi, two different Rabbis offer conflicting views in that Talmudic passage. Hence, it appears that the position of Rabbi Yehudah HaNasi does not represent the majority view. The Rambam does not accept that position because each of the conflicting views is based on a different rationale, and hence should not be considered as the same opinion (Rav Yosef Corcus).

9.

Because his failure to compensate was not willful.

10.

And hence was liable for karet. He had the opportunity to correct his transgression, but failed to make use of it.

11.

In his Commentary to the Mishnah (Pesachim 9:1), the Rambam explains the rationale for this ruling: there is no independent obligation for karet for failing to bring the second Paschal sacrifice. Hence even though he was given an opportunity to have fulfilled the mitzvah, since he was exempt from offering the first Paschal sacrifice, he receives no punishment for failing to offer the second. This explanation satisfies the objections raised by the Ra’avad (Rav Yosef Corcus).

12.

And thus was exempt from the obligation to bring the Paschal sacrifice.

13.

And thus was physically able to partake of the sacrifice. Nevertheless, since he was not obligated to bring the offering, he does not fulfill his obligation and is obligated to bring a second Paschal sacrifice.

14.

As explained in Chapter 6, Halachah 2.

15.

Even though he is unfit to bring the first Paschal sacrifice, he could have made himself fit.

16.

More precisely, an uncircumcised natural born Jew. With regard to a convert, see Chapter 6, Halachah 7.

17.

Since they could have offered the first Paschal sacrifice, as stated in Halachah 2.

18.

See Chapter 9, Halachah 8.

19.

The Rambam does not mention one’s children above majority, for then the obligation of circumcision is no longer the responsibility of the father, but is the son’s (Hilchot Milah 1:2).

20.

See Chapter 9, Halachah 9.

21.

The act which brings about their change in status from gentiles to Jews, as explained in Hilchot Issurei Bi’ah 13:4,6, 11.

22.

As recorded in the Mechilta of Rabbi Shimon bar Yochai to Exodus 12:44.

23.

I.e., together with others. A minor may not offer a sacrifice himself, as stated in Chapter 2, Halachah 4.

24.

The term implies one who has attained majority.

25.

Rav Yosef Corcus explains that there are other Rabbinic sources that appear to contradict this teaching. Nevertheless, the Rambam’s ruling has a basis, for a minor is not obligated in any of the mitzvot. Hence he is not obligated to have his servants circumcised.

26.

For, as stated in Halachah 1, the second Pesach is an independent festival. Hence even a person like those mentioned above who were not obligated to bring the first Paschal sacrifice must bring the second.

27.

Although the suffix the Rambam uses means “he,” it can only refer to a minor, for until a convert actually converts, he cannot be enumerated on a Paschal sacrifice (Kessef Mishneh).

28.

Although the minor does not become personally obligated in the observance of mitzvot until he comes of age, the mitzvah he observed while being trained is considered as significant enough to exempt him from the obligation.

29.

Since there is no obligation for them to offer this sacrifice, the Sabbath laws should not be violated to enable them to do so. See also Chapter 2, Halachah 4.

30.

A mil is a Roman measure approximately equivalent to a kilometer.

31.

The measurement is made from the walls of Jerusalem and not from the walls of the Temple, because-the Paschal sacrifice may be eaten throughout the city of Jerusalem.

32.

This phrase apparently refers to hanetz hachamah, the time when the sun rises on the horizon. In his Commentary to the Mishnah (Pesachim 9:2), the Rambam speaks of dawn which is more than an hour earlier. The Meiri also notes that Pesachim 2b states that it is proper to wait until dawn to depart on a journey.

33.

This point is the subject of a difference of opinion in Pesachim 93b. There is another opinion that maintains that the person does not really have to be in Jerusalem until the evening of the fourteenth when the sacrifice is eaten. Hence, seemingly, he should have been granted more time and a further distance to travel before being considered “on a distant way.”

34.

And not riding on an animal or wagon.

35.

As mentioned in Halachah 2, there is more leniency granted to a person “on a distant way” than to one held back by other forces beyond his control.
The Ra’avad objects to the Rambam’s ruling, stating that it runs contrary to Pesachim 94b. The Kessef Mishneh states that although a surface reading of the passage would appear to support the Ra’avad’s understanding, the Rambam makes a distinction between one who is prevented from reaching Jerusalem because he is “on a distant way” and one who is on a journey, but is prevented, not because of distance, but because of external factors.

36.

If he was imprisoned inside Jerusalem, the Paschal sacrifice may be slaughtered on his behalf even if he was not promised to be released, because the sacrificial meat could be brought to him in prison [the Jerusalem Talmud (Pesachim 8:6)]. This applies even if he was imprisoned by gentiles.

37.

Even if he is alone. Needless to say, this applies if others are enumerated on the sacrifice with him.

38.

For they can be expected to keep their word. Ketubot 33b explains that at times a person may be imprisoned as a means of compulsion for him to pay his debts or divorce a woman with whom he should not remain married.

39.

For we suspect that the gentiles will not keep their word. He may, however, be enumerated on a Paschal sacrifice that is slaughtered for others (Pesachim 91a).

40.

And at the time the blood was cast on the altar, it was thought that he would partake of the sacrifice.

41.

See Chapter 6, Halachah 9.

42.

The authoritative Yemenite manuscripts of the Mishneh Torah offer an alternate version: “who could not have partaken....” Nevertheless, the standard published text is preferred by the Kessef Mishneh, Rav Yosef Corcus, and other commentaries.

43.

Here we are speaking about an instance where the Paschal sacrifice was sacrificed for such a person to be eaten together with other people.

44.

Just as with regard to an ordinary person, since he was able to partake of the Paschal sacrifice at the time the blood was poured on the altar, he is exempt from the second Paschal sacrifice. These individuals are mentioned because there is an unusual element involved with each of them. The onain is unfit to partake of sacrifices during the day and the sick and the elderly are unlikely to eat large amounts. Nevertheless, they are exempt from the second Paschal sacrifice.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.