May I please have the envelope, the author of the Mishnah is… TB Pesakhim 29

Yesterday the Gemara left us with the cliff hanging question who is the author of the Mishnah on yesterday’s daf? Initially the Gemara rules out three possible contenders, Rabbi Yehuda, Rabbi Shimon, and Rabbi Yosei HaGelil. “If one suggests that it is in accordance with the opinion of Rabbi Yehuda, this cannot be, as Rabbi Yehuda said leavened bread without stipulation that the leavened bread belong to a Jew, indicating that one may not even benefit from leavened bread of a gentile over which Passover elapsed. Therefore, since this opinion contradicts the statement made in the mishna discussed here, Rabbi Yehuda can be ruled out as its author. And if it is in accordance with the opinion of Rabbi Shimon, Rabbi Shimon also permits one to derive benefit from leavened bread after Passover even if it was owned by a Jew. And if the mishna follows the opinion of Rabbi Yosei HaGelili, he would permit one to derive benefit from it even during Passover.” (TB Pesakhim 28b-29a, Sefaria.org translation)

The Gemara did not like the answer “d-none of the above” so it reinterprets Rabbi Yehuda’s and Rabbi Shimon’s position in order that one of them is the author. Rav Aḥa bar Ya’akov reinterprets Rabbi Yehuda’s position providing us with a startling novel interpretation and Rava reinterprets Rabbi Shimon’s position.

“Rav Aḥa bar Ya’akov said: Actually, it is possible to explain that the mishna is in accordance with the opinion of Rabbi Yehuda, and he derives the restrictions pertaining to the eating of leaven from the restrictions relating to seeing leaven. The prohibition against seeing leaven is worded: “It shall not be seen by you.” It is understood to mean that you should not see your own or another Jew’s leaven. But you may see leaven that belongs to others, i.e., gentiles, and leaven consecrated to God. Similarly, with regard to the prohibition against eating leaven that was owned by a Jew during Passover after Passover, you may not eat your own leavened bread, but you may eat the leavened bread of others or the leaven consecrated to God after Passover.

“And by right it should have taught that even the eating of leavened bread belonging to a gentile is permitted after the conclusion of Passover, but since the tanna taught that it is forbidden to derive benefit from leavened bread belonging to a Jew after Passover, he also taught that it is permitted to derive benefit from leavened bread belonging to a gentile. However, one should understand that it is permitted to eat this leavened bread as well. And similarly, by right it should have taught that even during Passover it is permitted to derive benefit from leavened bread that belongs to gentiles. But since the tanna taught about the leavened bread belonging to a Jew after Passover, he also taught about the leavened bread belonging to a gentile after Passover. Thus, one should not infer halakhot from the exact formulation of these details in the baraita, but rather understand that the mishna follows Rabbi Yehuda’s opinion.” (Sefaria.org translation)

Rashi comments one has to come to the startling conclusion with this reinterpretation by Rav Aḥa bar Ya’akov that one is allowed to eat the hametz owned by a non-Jew even on Passover! But don’t get too excited because on TB Pesakhim 29b Rav Aḥa bar Ya’akov retracts this interpretation as correct.

“Rava said: This is not so. Actually, our mishna is in accordance with the opinion of Rabbi Shimon. However, this is difficult, as Rabbi Shimon states that it is permitted for a Jew to derive benefit from leavened bread that had been owned by another Jew during Passover, while our mishna explicitly states that this is forbidden. This can be resolved by explaining that Rabbi Shimon argues that it is permitted only according to Torah law. However, one who intentionally commits such a transgression incurs a penalty. Since he transgressed the prohibition it shall not be seen and the prohibition it shall not be found, the Sages decreed that it is forbidden for him to derive benefit from this leavened bread.” (Sefaria.org translation)

We have our author. It is Rabbi Shimon. Leavened bread that remains after the conclusion of Passover-חָמֵץ שֶׁעָבַר עָלָיו הַפֶּסַח (hametz she’avar alav hapesakh) is only forbidden by rabbinic decree as a penalty according to Rabbi Shimon’s understanding as explained by Rava. (Rambam, Mishneh Torah, The Laws of hametz and matzah, chapter 1 halakha 4)

This halakha impacted my life as a rabbi in Springfield, Massachusetts. There was a great kosher bakery (now out of business) that all the synagogues purchased their baked goods from for their oneg Shabbats and kiddushes. Of course they were closed during the week of Passover. However, when Easter happen to overlap with Passover and not wanting to lose that Christian business, the bakery opened up on Passover to sell them whatever goodies Christians eat on Easter making all their baked goods hametz she’avar alav hapesakh and forbidden for observant Jews. We had to wait 30 days before we could purchase any baked goods because the assumption was it took 30 days to use up all the old flour before the bakery got a shipment of new after Passover flour.