Today’s daf TB Pesakhim 30 is replete with practical halakha like how one kashers pots, ovens, knives, and even bread baskets for Passover. To appreciate what Shmuel did, we have to understand basic kosher laws concerning mixtures that were enumerated on yesterday’s daf.[1]
The Gemara presents three points of view:
1. 1. Rav is always stringent whether a mixture which includes hametz is mixed with its own type (מִין בְּמִינוֹ) for example kosher milk and nonkosher milk or with another type (מִין שֶׁלֹּא בְּמִינוֹ) for example milk in a meat stew is forbidden both before and after Passover even if any amount becomes mixed in because he poskins like Rabbi Yehuda who holds that leavened bread that remains after the conclusion of Passover-חָמֵץ שֶׁעָבַר עָלָיו הַפֶּסַח (hametz she’avar alav hapesakh) is forbidden by Torah decree.
2 2. Shmuel agrees with Rav when it comes to the mixtures that are mixed with its own type (מִין בְּמִינוֹ) which includes hametz even if any amount becomes mixed in on Passover. He disagrees with Rav when the mixture is mixed with another type (מִין שֶׁלֹּא בְּמִינוֹ) if the ratio of permitted to forbidden is 60 to 1. After Passover all mixtures are permitted because he poskins like Rabbi Shimon who holds that leavened bread that remains after the conclusion of Passover-חָמֵץ שֶׁעָבַר עָלָיו הַפֶּסַח (hametz she’avar alav hapesakh) is only forbidden by rabbinic decree. The penalty of applies only to hametz in pure and unadulterated form and was not extended to mixtures.
3. 3. Rabbi Yokhanan and Reish Lakish hold that all mixtures are forbidden during Passover when taste is transmitted (בְּנוֹתֵן טַעַם) i.e. the ratio of 60 to 1 of annulment applies. After Passover, he agrees with Shmuel.
Rava teaches
that during Passover we follow Rav’s position and after Passover we follow Shmuel’s
position. The Gemara relates how Shmuel acted as a one-man Consumer Protection
Agency.
“Rav said: Earthenware pots in which leavened
bread was cooked during Passover should be broken, as some small
quantity of the flavor of the leavened bread was absorbed into the pot. It is
therefore prohibited to cook in them again, as the forbidden flavor of this
leavened bread would be transmitted to the new food. The Gemara asks: And
why was Rav so stringent with
regard to these pots? Let him retain the pots until after the
conclusion of Passover and prepare mixtures of another type of
food in them. Even Rav maintains
that when a small bit of leavened bread is mixed with another type of food
after Passover, the mixture is permitted. The Gemara explains that he did not
allow this due to a rabbinic decree that perhaps one will come to prepare a
mixture of the same type in these pots, causing their contents to become
prohibited. He therefore instructed that one destroy these pots in order to
avoid this pitfall.
“And Shmuel said: They
need not be broken. Rather, he should retain them until after its
time, i.e., the conclusion of Passover, and then he may prepare
food of either the same type or another type in them.
“And Shmuel
follows his
line of reasoning, stated elsewhere, as Shmuel said to the
pot merchants, who would dramatically raise their prices after Passover: Level
the prices for your pots. And if you do not bring your prices down, I
will teach you that the halakha is in accordance with the
opinion of Rabbi
Shimon, that one is permitted to derive benefit from leavened bread
after Passover. This ruling would lead people to retain their vessels and
desist from purchasing new vessels after Passover, and consequently the
merchants would lose business.
“The Gemara
asks: Let him indeed teach this ruling to them, for Shmuel holds
that the halakha is in accordance with the opinion of Rabbi Shimon,
as was previously mentioned. As such, why did he not publicize his opinion on
the matter? The Gemara answers: It was Rav’s
locale, and therefore it would not be appropriate for Shmuel to publicly
present a position with which Rav did
not agree. However, when he saw the merchants raising their prices in an unfair
manner, he nevertheless threatened to make his opinion on the matter public.”
(Sefaria.org translation)
Shmuel prohibited the pot merchants from price gouging after Passover
even where Rav was the Mira Datra (מרא דאתרא)[2]. I can appreciate why kosher food especially on Passover is
more expensive; nevertheless, I wish there was more transparency on the true
cost because I suspect that there is price gouging today as well. We need a
modern day Shmuel!
[1] The
laws concerning mixtures containing both kosher and nonkosher ingredients are
much stricter and Passover because the ban of hametz is absolute. During the rest of the year there are different
kinds of annulment depending upon the type of mixture. For concise definitions
and applications I refer you to Rabbi Isaac Klein's
A Guide To Jewish Religious Practice, Volume VI in the Moreshet series, studies
in Jewish history, literature and thought, the Jewish theological seminary of
America: New York, 1979. Pages 360-378
[2]
(from Aramaic "Lord
of the Place") is the nickname of the local rabbi . From
the point of view of Jewish law, his
rulings obligate his people during his tenure. (https://he.wikipedia.org/wiki/%D7%9E%D7%A8%D7%90_%D7%93%D7%90%D7%AA%D7%A8%D7%90)
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