Siman - Pesachim Daf 23
- A Yisrael getting הנאה from terumah
The Gemara continues to challenge Rebbe Abahu’s principle that whenever the Torah forbids eating something it includes a prohibition from deriving benefit from it as well. The Gemara asks, והרי תרומה דרחמנא אמר וכל זר לא יאכל קדש - that in regard to terumah the Torah states “And a זר may not eat that which is holy” which should also prohibit getting הנאה, yet we have a Mishnah in Eiruvin 26b which states that we may make an eruv techumin for a Yisrael with terumah. We see that even though the Torah says that a Yisrael may not eat terumah, it is permissible for a Yisrael to get הנאה from it. Rav Pappa answers that when discussing terumah, the Torah says תרומתכם - your terumah, which teaches that a Yisrael may get הנאה from terumah.
- Getting הנאה from sheratzim
The Gemara presents another challenge to both Chizkiyah and Rebbe Abahu from the prohibition of sheratzim where the Torah states, שקץ הוא לא יאכל – It is an abomination, it shall not be eaten, which according to both of them implies that one may not derive benefit from them as well. Yet, it is stated in a Mishnah, ציידי חיה ועופות ודגים – With regard to trappers of beasts, birds and fish, שנזדמנו להם מינין טמאין – where species of impure creatures happened into their traps, מותרין למוכרן לנכרים – they may sell these creatures to nochrim. It is clear from here that one may derive benefit from them even though one is prohibited from eating them.
The Gemara answered,שלכם יהא שאני התם דאמר קרא "לכם"- The law regarding sheratzim is different and therefore, an exception to the rules of Chizkiya and Rebbe Abahu for the verse states, “and they shall be an abomination to you” – This terminology implies that they shall be yours to use.
- Another source that chametz is forbidden for הנאה
The Gemara brings a question in the name of Rebbe Yehoshua ben Levi, מנין לכל איסורין שבתורה דכי היכי דאסורין באכילה הכי נמי אסורין בהנאה - How do we know that all foods that are forbidden to eat are also forbidden to get הנאה from, as well? which the Gemara clarifies is a question only in regard to chametz on Pesach, and an animal which was stoned by beis din. The Gemara answers that it is written that if the blood of an outer chatas is mistakenly brought into the קודש of the Beis HaMikdash for sprinkling, באש תשרף - that the chatas must be burned. The Gemara teaches that אם אינו ענין לגופו דכתיב והנה שורף - Since that passuk is not needed for itself as we already know that it must be burned from another passuk that says והנה שורף – behold it shall be burned, the passuk can be used to teach us that it is forbidden to eat chametz on Pesach and that it is forbidden to eat of an animal that was stoned. And since we do not need a passuk to teach us that it is forbidden to eat these foods, as we already know this from other pesukim, therefore the passuk will teach us that it is forbidden to even get הנאה from these foods.
Rashi explains that this way of learning a passuk to be going on some other halachah entirely, is one of the ways to be doresh and is a הלכה למשה מסיני.
