Siman - Pesachim Daf 90
- What one can do with the monies from sold portions of the pesach
It was taught in a Baraisa that the passuk states, ואם ימעט הבית מהיות משה – If the household is too small for a lamb, then others should also be registered for it. This is interpreted to mean that if one cannot afford the items needed for the lamb, he may sell portions of it, החייהו משה – and thereby sustain the lamb from the proceeds of the lamb. מכדי אכילה ולא מכדי מקח – He may only sell it for things required for eating the lamb but not for other purchases. Rashi explains that it can be sold to purchase firewood but not for business purposes. Rebbe says, אף מכדי מקח – He may sell it even to have money required for other purchases. That is, if one does not have enough money for his personal needs, he may register another person with him for his pesach and chagigah offerings, and the monies that come into his possession are chullin, שעל מנת כן הקדישו ישראל את פסחיהן – because it is on these terms that Jews are makdish their pesach offerings in the first place. This means that one who designates an animal as a pesach, retains it as property so that he can sell it for whatever purposes he likes.
- Using the monies for matzah and marror and/or personal needs
There is a machlokes Rabbah and Rebbe Zeira regarding this dispute between the Tanna Kamma and Rebbe. One holds that everybody agrees that one can sell portions of the pesach for the purposes of buying wood, כיון דתקנתא דפסח הוא – since it is for the preparations of the pesach. They disagree regarding purchasing matzah and marror. The Rabbanon prohibited it because they hold אכילה אחריתי היא – it is a different act of eating, whereas Rebbe permits it, כיון דהכשירו דפסח הוא כגופא דפסח דמי – since it renders the pesach fit for eating, it is viewed like the pesach itself. The other one holds that everybody agrees that one may sell portions for matzah and marror since these foods render the pesach fit for eating, as it says in the passuk, על מצות ומררים יאכלהו – with matzos and marror they shall eat the pesach. Therefore, they are viewed like the pesach itself. They disagree with regard to someone who needs money with which to buy a shirt or a cloak. The Rabbanon hold "מהיות משה" אמר רחמנא החייהו משה – The Torah states, from being for a lamb, which is to be interpreted to mean that one must sustain the lamb, limiting use of the proceeds for the sake of the lamb. Rebbe interprets the passuk to mean, החיה משה – Sustain yourself from the lamb, permitting one to use it for his personal needs.
- Why the pesach is not shechted for someone tamei from a sheretz
Rav Yehudah said in the name of Rav, שוחטין וזורקין על טבול יום ומחוסר כפורים – We shecht the pesach and throw its blood for a tevul yom and for one who lacks kaparah, ואין שוחטין וזורקין על טמא שרץ – but we do not do so for someone who is tamei from a sheretz. Ullah said, שוחטין וזורקין על טמא שרץ – We do schecht the pesach and throw its blood for someone tamei from a sheretz. The Gemara asks according to Rav, what is the difference between a tevul yom who will be fit to partake of the pesach by nightfall, and the one who is tamei from a sheretz who will also be fit by nightfall? After a lengthy analysis the Gemara concludes that according to Rav, one who is tamei from a sheretz is unfit to bring a pesach mid’Oraysa, as it is written in the passuk regarding a Pesach Sheini, איש אשי כי יהיה טמא לנפש – Any man who will be tamei from a corpse. Now is the passuk not dealing with one whose seventh day of being a tamei meis falls on erev Pesach, whose tumah is equivalent to tumah from a sheretz in that it can be removed by nightfall, and yet the passuk says that the person is pushed off until Pesach Sheini. This implies that the same din applies to one who is tamei from a sheretz who could become tahor by night.
