Tuesday, February 9, 2021

Is it still there? הוּתְּרָה vs דְּחוּיָה TB Pesakhim 80

Previously we learned when the majority of the Jewish people are ritually unready  (טמאים), everybody, those who are ritually ready (טהורים) and those who are ritually unready, all sacrifice and eat the korban Pesakh in a state of ritual unreadiness. “The reason for this is that a communal offering, which is sacrificed even in a state of ritual impurity, is not divided. Therefore, since some of the service must be performed in a state of ritual impurity, it may all be performed in a state of ritual impurity.” (Sefaria.org translation) On yesterday’s daf we learned from Rav Hisda an important limitation concerning which level of ritual unreadiness (טומאה -tumah) overrides normal prohibitions and allows the korban Pesakh to be sacrificed and eaten. Only when the majority the Jewish people are ritually unready with the severe level of tumah of coming in contact with a corpse (טְמֵא מֵת) does the community continue to celebrate Passover with the korban Pesakh. Usually people who are ritually unready with a less severe level of tumah, bring their korban Pesakh one month later on the makeup day called Pesakh sheni.

Whether the holiday effectively cancels the tumah (טוּמְאָה הוּתְּרָה  בְּצִיבּוּר) or does the tumah just override holiday, but it is still there (טוּמְאָה דְּחוּיָה בְּצִיבּוּר), determines whether Pesakh sheni is observed is discussed on today’s daf TB Pesakhim 80. Keep in mind only when a minority of the Jewish people, who were unable to observe Passover at its correct time, may observe Pesakh sheni as a makeup. If for some reason the majority of the Israel has to observe Pesakh sheni, then no one observes it. The Gemara discusses a case when the majority of the Jewish people were ritually unready because they came in contact with the corpse and a minority were ritually unready because they were zavim.1 How does this scenario impact the observance of Pesakh sheni?

“In a case where the zavim became pure in time for the second Pesakh, Rav Huna said: There is no redress for a Paschal lamb that is brought in ritual impurity. Since the Paschal lamb was sacrificed in a state of impurity on the first Pesakh, it cannot be sacrificed on the second Pesakh that year. And Rav Adda bar Ahava said: There is redress for a Paschal lamb that is brought in a state of impurity. Therefore, one who was unable to participate when the public sacrificed the Paschal lamb in a state of impurity may still bring the Paschal lamb on the second Pesakh. 

“The Gemara suggests: Let us say that they disagree about the following: Rav Huna, the one who said there is no redress for a Paschal lamb that is brought in a state of impurity, holds that ritual impurity is merely overridden in cases involving the public (טוּמְאָה דְּחוּיָה בְּצִיבּוּר). It is not fully permitted. Therefore, although those who are impure are deferred to the second Pesask when the Paschal lamb is brought in a state of purity, there is no indication that the same is true when it is brought on the first Pesakh in a state of impurity. 

“Conversely, Rav Adda bar Ahava, the one who said there is redress for a Paschal lamb that is brought in ritual impurity, holds that ritual impurity is wholly permitted in cases involving the public (טוּמְאָה דְּחוּיָה בְּצִיבּוּר). Therefore, it is considered as though the Paschal lamb were sacrificed on the first Pesakh in a state of purity, and those who were unable to sacrifice the Paschal lamb on the first Pesakh sacrifice it on the second Pesakh” (Sefaria.org translation)

Rambam decides Jewish law according to Rav Huna’s opinion that the tumah just override holiday, but it is still there (טוּמְאָה דְּחוּיָה בְּצִיבּוּר). Consequently, in our case the zavim should not celebrate Pesakh sheni. (Mishneh Torah, Sefer Korbanot, Hilkhot Pesakh, Chapter 7 Halakha 5)

1. In Jewish ritual law, a zav ("one who[se body] flows") is a man who has had abnormal seminal discharge from the male sexual organ, and thus entered a state of ritual impurity. A woman who has had similar abnormal discharge from her genitals is known as a zavah. This is a lesser degree of ritual on readiness

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