Shulchan Aruch: Chapter 469 - Not to Designate Meat for Pesach

SECTION 469 Not to Designate Meat for Pesach (1-5)

1 It is forbidden for a person to say (regarding an animal he owns), “[Its] meat will be for Pesach.”1 Needless to say, he may not make such a statement regarding a goat kid or a lamb, because of the impression that might be created. A listener might think that he is consecrating [the animal] as a Pesach [sacrifice].2 Afterwards, when [the person] partakes of [the animal’s meat], it will appear that he is eating sacrificial meat outside [Jerusalem].3

[The prohibition is not restricted to a goat kid or lamb.] One should not say with regard to any type of domesticated animal, non-domesticated animal, or fowl,4 whether alive or slaughtered, “[Its] meat shall be for Pesach.” Rather he should say, “[Its] meat shall be for the festival.” Were [the person] to say, “…for Pesach,” a listener might think that he is consecrating the [animal’s] meat [to use] the money [he receives for it] for the Pesach sacrifice, i.e., he will sell the meat and use [the proceeds of the sale] to purchase a Pesach sacrifice. Thus, when he eats this meat afterwards, it will appear that he is misappropriating a consecrated article.5

Similarly, a person should not tell his agent, “Take this money and use it to purchase meat for Pesach for me.” Instead, he should say, “…purchase meat for the festival for me.”6

2 One may, however, say, “This is for Pesach,” with regard to fish or other substances that are not at all like meat. Certainly, a listener will not think that [the person] is consecrating this substance [to use] the money he receives for it [for the Pesach sacrifice. The rationale is that] the item in question shares no connection with the Pesach sacrifice since it is not a type of meat.7

There are authorities who maintain that one should refrain from saying, “This is for Pesach,” regarding any entity other than wheat or the like, [i.e., substances] that must be watched lest they become chametz.8 [Wheat is an exception because when] a listener hears [a person] say, “These [kernels of] wheat are for Pesach,” he will think that the speaker’s [intent] was that he will store the [kernels of] wheat and guard them¹ so that they will not become chametz [so that they could be used] for Pesach. As an initial preference, it is desirable to give weight to the words of these authorities.9 Nevertheless, after the fact, even if one said “This meat will be for Pesach” regarding a live goat kid or lamb, [the meat of these animals] is permitted to be eaten. [This ruling applies] even if one makes such a statement on the day before Pesach after midday.10 [The rationale is that] after the fact, [the possibility of] a mistaken impression being created is not [sufficient grounds] for a prohibition.

(There are authorities who rule stringently [were one to make such a statement] regarding a goat kid or lamb and forbid [the person] from partaking [of the meat of these two types of animals concerning which these statements were made] whether during Pesach, before Pesach, or after [the Pesach holiday]. Even if one made such statements [not about the animals themselves, but only] regarding the meat of a goat kid or lamb, [the meat is forbidden] because of the concern that a listener will interpret the statement, “This meat is for Pesach,” as meaning that while [the animal was] alive, [the person] consecrated it [to be used as] the Pesach sacrifice. [Thus,] it will appear as if [the person] is eating consecrated meat outside [Jerusalem].

It is, however, permitted for [the person] to benefit from [the meat of these animals] because [the possibility of] a mistaken impression being created is not [sufficient grounds] to prohibit deriving benefit [from a substance], as explained in Yoreh Deah, sec. 5.11 It is desirable to give weight to the words [of these authorities] if a severe [financial] loss is not involved, nor is it a pressing situation.

All the above applies when the goat kid or the lamb belongs [to the person making the statement] or he is a partner in their [ownership]. If, however, no portion of [the animal] belongs to him, there are no grounds for stringency at all, because a person cannot cause an article that does not belong to him to become forbidden.12

3 [The Sages] only forbade saying, “This meat is for Pesach.” It is, however, permitted to say, “This meat is al Pesach,” as it is common to say in Yiddish.13 [Using such wording] is permissible even [when referring to] a live goat kid or lamb. There is no concern regarding the impression that might be created, since were [the owner] to be consecrating [the meat or the animal] as a Pesach [sacrifice], he would say, “This meat is for Pesach.”

4 It is forbidden to prepare a goat kid or a lamb mikulas14(on the day before Pesach after midday or on Pesach night,) i.e., to roast [the animal] whole (“[with] its head, its legs, and its inner organs”)15 like the Pesach sacrifice was roasted [in Jerusalem]. Even after the fact, it is forbidden to eat [the meat of an animal roasted in this manner] on the night of Pesach16 even if [the person] did not specify, “This meat is for Pesach.” ([This prohibition applies] even if [the animal] was roasted several days before Pesach,) as will be explained in sec. 476[:2]. See [that section] regarding all the details concerning this law.

5 A person should not say, “How much trouble does this Pesach involve,” for it is the wicked son who says, “What is this service that you are performing?” i.e., why are you troubling yourselves for this?17

In the present era, people at large are not careful concerning this [matter]. There are authorities who have justified their conduct, [explaining] that one is only deemed wicked when he [complains], “How much trouble this is!” regarding the difficulty involved in offering the Pesach sacrifice, for that is a Scriptural commandment. Thus, [the person’s] words imply that he considers the mitzvos of the Torah as “trouble.” In the present era,18 by contrast, there is no prohibition [involved] when one says, “How much trouble [this is!],” with regard to the great care and the extra stringencies [observed when preparing for Pesach].