Siman - Pesachim Daf 28

• Destroying chametz vs. destroying avodah zarah

In the Mishnah on Daf 21a the Chochomim disagreed with Rebbe Yehudah regarding burning chametz and stated, מפרר וזורה לרוח ומטיל לים – He crumbles the chametz and scatters it to the wind or casts it into the sea. The Gemara inquires if that means that the chametz must be crumbled whether it is thrown to the wind or cast into the sea, or it means that he must crumble it to scatter it to the wind but may be cast into the sea intact. A parallel inquiry is made regarding a Mishnah that discusses destroying avodah zarah, using similar language. Does it need to be ground up before throwing it to the wind or into the sea, or only when thrown to the wind?

Rabbah said that it seems most reasonable to say that avodah zarah which in that Mishnah is discussing throwing it specifically into the Yam Hamelech for disposal, does not require grinding before being cast into it, but chametz, which our Mishnah is discussing throwing in into other rivers, requires crumbling before being cast into the river. Rashi explains that in the Yam Hamelech there are no boats passing, and hence no concern that travelers will pick it up. Rav Yosef said the opposite is more reasonable. Avodah zarah which does not dissolve in water, requires grinding, whereas chametz which does dissolve, does not require it. Baraisos are brought which support each view.

• חמץ שעבע עליו הפסח

The next Mishnah states, חמץ של נכרי שעבר עליו הפסח מותר בהנאה – Chametz belonging to a nochri, after Pesach has passed, is mutar b’hana’ah, ועל ישראל אסור בהנאה – but chametz that belonged to a Jew over Pesach, is assur b’hana’ah, שנאמר 'לא יראה לך שאר' – as it says, “leaven shall not be seen to you”. Rashi cites the Gemara’s conclusion that the passuk is cited as the reason for the ruling, meaning that the Jew’s chametz is forbidden because he is penalized for having transgressed the prohibition against having it in his possession over Pesach.

• Three-way machlokes regarding the issur chametz

The Gemara brings a Baraisa with a three-way machlokes regarding chametz:

•Rebbe Yehudah holds that from the beginning of the seventh hour until Pesach, and after Pesach, one transgresses a lav for eating or getting hana’ah from chametz. If it is consumed during Pesach one transgresses a lav and is liable for kares.

•Rebbe Shimon holds that from the beginning of the seventh hour until Pesach and after Pesach, אינו עובר בלא כלום – one does not transgress anything on its account. During Pesach one transgress a lav and is liable for kares.

•Rebbe Yose Haglili reacted strongly to those opinions stating that chametz during the seven days of Pesach is mutar b’hana’ah. The Baraisa continues with bringing the various pasukim that support each position and explaining why each Tanna did not hold like the other.