Friday, December 4, 2020

Above and beyond suspicion and what do you do when the first Seder is on Saturday night? TB Pesakhim 13

As I have previously written, the halakha follows Rabbi Yehuda. We may eat hametz during the entire fourth hour of the day, place it in abeyance for the entire fifth hour, and burn it at the beginning of the sixth hour. I want to share two important topics found on today’s daf TB Pesakhim 13. The first is an ethical teaching and the second is a practical halakha concerning Passover this year.

 By noting that Rabbi Yehuda HaNasi, the final editor of the Mishnah, concurs with Rabbi Yehuda’s position, a story is told to prove this point. The conclusion and for me the most important part of the story comes to emphasize the importance of being above and beyond suspicion when it comes to money.

 “The Gemara notes: And even Rabbi Yehuda HaNasi holds in accordance with this statement of Rav Naḥman, and rules that the halakha is in accordance with the opinion of Rabbi Yehuda. As Ravin bar Rav Adda said: There was an incident that occurred involving a certain person who deposited a saddlebag [disakkayya] filled with leavened bread with Yoḥanan Ḥakuka’a, and mice bore a hole in the bag, and leavened bread was spilling out of the sack. And he came before Rabbi Yehuda HaNasi on Passover eve to ask what he should do. In the first hour of the day Rabbi Yehuda HaNasi said to him: Wait, as the owner of the bag might yet return to take it from you and eat the leaven. In the second hour he said to him: Wait. In the third hour he said to him: Wait. In the fourth hour he said to him: Wait. In the fifth hour, concluding that the person was not coming, he said to him: Go and sell it in the market.

 “What, did Rabbi Yehuda HaNasi not mean that Yoḥanan Ḥakuka’a should sell this leaven to gentiles, in accordance with the opinion of Rabbi Yehuda, who says that it is prohibited for a Jew to eat leaven during the fifth hour? Rav Yosef said: No, it could be that he meant to sell it to a Jew, in accordance with the opinion of Rabbi Meir that one may eat leaven during the fifth hour. Rabbi Yehuda HaNasi was simply advising him to sell the leaven quickly before the sixth hour begins, at which point it would be prohibited for Jews to eat it. Abaye said to him: If it is permitted for a Jew to eat leaven, let him take it for himself and pay the owner back later. Why trouble him to sell it to someone else?

 “The Gemara responds: Eating it himself is not an option due to the potential of suspicion. As it was taught in a baraita with regard to a similar situation: Collectors of charity who have no poor people to whom they can distribute the money, change the money with other people and do not change it themselves, i.e., with their own coins.

 “Likewise, collectors of food for the charity plate, who would collect food in large vessels for the poor to eat, who do not have poor people to whom to distribute the food, sell the food to others and do not sell it to themselves, as it is stated: “And you shall be clear before God and before Israel” (Numbers 32:22). It is not sufficient that a person is without sin in the eyes of God. He must also appear upright in the eyes of other people so that they will not suspect him of wrongdoing.”(Sefaria.org translation)

 Our tradition teaches us that people in positions of power need to be above suspicion and must appear upright in the eyes of God and the people they serve. Unfortunately, the current administration and First Family are being investigated by the Washington DC Atty. Gen.’s office for using inappropriate funds to enrich themselves. “‘District law requires nonprofits to use their funds for their stated public purpose, not to benefit private individuals or companies,’" (Atty. Gen.) Racine said.” (https://abcnews.go.com/Politics/ivanka-trump-deposed-dc-attorney-general-inauguration-investigation/story?id=74514996)

 The probe, which has been led by the D.C. attorney general, has been looking into the spending of the Trump inaugural committee and specific spending at the Trump International Hotel in Washington, D.C. The probe has looked at whether President Donald Trump has violated the emoluments clause, which prohibits the president from profiting from foreign governments… In their filing, the D.C. Attorney General's Office said thus far the investigation showed a significant difference in charges given to a group hosting a prayer breakfast for a rate of $5,000, and the inauguration committee, which later in the day paid $175,000 for the same venue.

 "The PIC [Presidential Inaugural Committee] thus paid 35 times more for rental of event space on Inauguration Day at the Trump Hotel than a comparable nonprofit organization paid for renting a substantial portion of the same event space earlier that day," the filing explained.” (https://abcnews.go.com/Politics/ivanka-trump-deposed-dc-attorney-general-inauguration-investigation/story?id=74514996)

 I’m hoping that the incoming administration will conduct itself above and beyond suspicion in all matters.

 Now onto practical halakha. This year the 14th day of Nisan falls on Shabbat, March 27. Obviously one may not burn the hametz on Shabbat. What is a person to do? Today’s daf outlines the correct procedure for this year.

 With regard to the fourteenth of Nisan that occurs on Shabbat, one does not remove leaven on Passover eve in the usual manner. Rather, one removes everything leavened before Shabbat, and one burns ritually impure teruma: Teruma in abeyance, whose purity is uncertain, and even any pure teruma that he does not require for his Shabbat meals. And one leaves from the pure leaven food for two meals, the meal at night and the one in the morning, in order to eat and finish until four hours of Shabbat morning. This is the statement of Rabbi Elazar ben Yehuda of Bartota, who said it in the name of Rabbi Yehoshua…They said: They did not move from there until the Sages voted and they established the halakha in accordance with the opinion of Rabbi Elazar ben Yehuda of Bartota, who said it in the name of Rabbi Yehoshua.(Sefaria.org translation)

 Even though this Gemara is talking about teruma, the same halakha applies to our hametz. Consequently, the correct procedure for this year is to search for the hametz on Thursday night, March 26. On Friday morning you burn the hametz, but you set aside enough hametz for two meals, Friday night and Saturday lunch. You should not use matza to make the motzi upon because you want to save this experience for the Seder Saturday night. Some people use very small challah rolls and eat them far away from the table set with the Passover dishes. They make sure they don’t leave any crumbs behind. If there are any crumbs, they destroy them in any way that is possible like flushing them down the toilet at the beginning of the sixth hour. (Shulkhan Arukh, Orekh Hayyim, 444:1.)

 

 

 

 

No comments:

Post a Comment