A cliff hanger daf yomi style TB Pesakhim 28

Today’s daf TB Pesakhim 28 introduces us to the new concept “benefit from leavened bread over which Passover has elapsed, i.e., leavened bread that remains after the conclusion of Passover- חָמֵץ שֶׁעָבַר עָלָיו הַפֶּסַח (hametz she’avar alav hapesakh)” The mishnah makes the distinction between this category of hametz that remains after Passover owned by a Gentile and owned by a Jew. “It is permitted for a Jew to derive benefit from leavened bread of a gentile over which Passover has elapsed, i.e., leavened bread that remains after the conclusion of Passover. However, it is prohibited to derive benefit from leaven of a Jew over which Passover has elapsed, as it is stated: “And no leavened bread shall be seen with you, neither shall there be leaven seen with you, in all your borders” (Exodus 13:7).” (Sefaria.org translation)

Immediately, the Gemara wants to know who is the author of this mishnah. It tells us it can’t be Rabbi Yehuda nor Rabbi Shimon nor Rabbi Yosei HaGelili.  The Gemara explains why.

“As it was taught in a baraita: One who eats or derives benefit from leavened bread, whether before its time, starting at midday on Passover eve, or after its time, i.e., leavened bread over which Passover has elapsed, transgresses a negative mitzva. During its time, on Passover itself, one who eats leavened bread transgresses a negative mitzva and is liable to receive karet. This is the statement of Rabbi Yehuda. (We shall learn this ban on deriving benefit from hametz includes hametz owned by non-Jews as well.-gg)

“Rabbi Shimon says: One who eats or derives benefit from leavened bread, both before its time and after its time, does not transgress any prohibition. During its time one is liable to receive karet and transgresses a negative mitzva for eating or deriving benefit from leavened bread. And from the time that it is prohibited to eat leavened bread, beginning at midday on Passover eve, it is also prohibited to derive benefit from it. The Gemara comments: With this last sentence we have come to the opinion of the first tanna, as this statement appears to present Rabbi Yehuda’s opinion and not that of Rabbi Shimon. Rabbi Yosei HaGelili says: Be astounded with yourself. How can it be prohibited to derive benefit from leavened bread for all seven days? In other words, he disagrees with the premise that it is prohibited to derive benefit from leavened bread even during the seven days of Passover.” (Sefaria.org translation)

Instead of telling us who is the author of our mishnah, we are left with a cliff hanger ending for we won’t find out the answer until tomorrow! To heighten the suspension, the Gemara goes on a tangent teaching us how each rabbi reached his conclusion. I think that Rabbi Yehuda’s methodology teaches us the most basic understanding of practical halakhot so that is the only explanation I shall share.

“From where is it derived that one who eats leavened bread on Passover eve from the sixth hour (of the 14^th of Nisan-gg) and onward transgresses a negative mitzva? As it is stated: “And you shall sacrifice the Paschal lamb to the Lord your God, of the flock and the herd, in the place which the Lord shall choose to cause His name to dwell there. You shall eat no leavened bread with it; for seven days you shall eat matzot, the bread of affliction” (Deuteronomy 16:2–3). The juxtaposition of the Paschal lamb with the prohibition of leavened bread teaches that the prohibition to eat leavened bread begins from the time that the Paschal lamb is slaughtered, namely, the afternoon of the fourteenth of Nisan. This is the statement of Rabbi Yehuda.

“...The Gemara asks: What is the reason for the opinion of Rabbi Yehuda? The Gemara explains: There are three verses that are written with regard to this prohibition, and in Rabbi Yehuda’s opinion each one teaches that the prohibition applies at a different time. One verse states: “Leavened bread shall not be eaten” (Exodus 13:3). Another verse states: “And all that which is leavened you shall not eat; in all your habitations you shall eat matzot” (Exodus 12:20). And a third verse states: “You shall eat no leavened bread with it” (Deuteronomy 16:3). One verse indicates that there is a prohibition against eating leavened bread even before its time, on Passover eve. One verse indicates that there is a prohibition against eating leavened bread after its time as well, if a Jew owned it during Passover. And one verse indicates that the prohibition applies during Passover itself.” (Sefaria.org translation)

At least we know why a Jew is forbidden to benefit from leavened bread over which Passover has elapsed, i.e., leavened bread that remains after the conclusion of Passover- חָמֵץ שֶׁעָבַר עָלָיו הַפֶּסַח according to Rabbi Yehuda. And that is the halakha. See Shulkhan Arukh, Orekh Hayyim, 548:3

Stay tuned until tomorrow to find out who is the mystery author our mishnah.