Siman - Pesachim Daf 29
- Is it mutar to eat a nochri’s chametz during Pesach?
After stating on Daf 28 the positions of the three Tannaim regarding if and when chametz becomes prohibited, and what prohibition is violated during different time periods, the Gemara goes back to its initial difficulty in determining whose opinion is reflected in the Mishnah that states that a Jew’s chametz is forbidden after Pesach but a nochri’s is permitted.
Rav Acha bar Yaakov said that the Mishnah reflects the opinion of Rebbe Yehudah, ויליף שאור דאכילה משאור דראיה – and he derives the prohibition of leaven regarding eating from the prohibition of leaven regarding seeing. Meaning, that just as one is restricted from seeing his chametz but he may see the chametz of nochrim and hekdesh, so too only your leaven you may not eat but one may eat that of nochrim and hekdesh. In fact, continues Rav Acha bar Yaakov, the Mishnah should have stated that a nochri’s chametz is permitted to be eaten during Pesach, but since it stated that a Jew’s chametz is assur b’hana’ah after Pesach, it contrasted it with a nochri’s chametz that is mutar b’han’ah after Pesach. The Gemara later proves that Rav Acha bar Yaakov retracted his understanding of Rebbe Yehuda’s position.
- Machlokes whether one who eats chametz of hekdesh during Pesach has committed me’ilah
The Gemara brings a Baraisa and cites five interpretations. The Baraisa stated, האוכל חמץ של הקדש במועד מעל – One who eats chametz of hekdesh during Pesach has committed me’ilah. ויש אומרים לא מעל – and there are those that say that he has not committed me’ilah.
Rav Acha bar Rava explained in the name of Rav Yosef that the machlokes is regarding בדבר הגורם לממון כממון דמי – whether something that can lead to a benefit of money is treated as though it is money now. The one who says that he who eats the chametz has committed me’ilah holds that it is treated as money now, since the chametz of hekdesh can be eaten after Pesach and therefore has value. The יש אומרים holds דבר הגורם לממון לאו כממון דמי – that something that can lead to a benefit of money is not treated as though it is money now. Therefore, the person did not commit an act of me’ilah on something of value. Rav Acha bar Yaakov has the next interpretation, from which the Gemara proves that he retracted his original understanding of Rebbe Yehudah’s opinion.
- Three opinions regarding mixtures containing chametz
The Gemara presents three opinions regarding the halachos of mixtures containing chametz:
- Rav holds חמץ בזמנו בין במינו בין שלא במינו אסור – If chametz is mixed with permitted foods on Pesach, then whether the chametz is mixed in with its kind or not, it is forbidden. After Pesach it is only forbidden in its kind, and it is permitted mixed with something that is not its kind, provided that it is not נותן טעם - it is too minute to impart flavor to the mixture.
- Shmuel holds that during Pesach, במינו אסור שלא במינו מותר – it is prohibited with its kind but permitted with not its kind, provided that it is too minute to be נותן טעם – to impart flavor. After Pesach the mixture is permitted with its kind and not its kind, provided it is not נותן טעם.
- Rebbe Yochanan holds חמץ בזמנו בין במינו ובין שלא במינו אסור בנותן טעם – the mixture is assur during Pesach with its kind and not with its kind, if it imparts flavor, and after Pesach it is permitted with food of its kind or not of its kind. The Gemara brings the rationale for each of these opinions.
