Halakhah zu Schemot 13:78

It is written “In order that God’s Torah shall be in your mouth” (Exod. 13:9), and we explain that one may only write sifrei Torah, tefillin and mezuzot on skins from ritually pure animals and birds (hairs and sinews are also only fit if they come from these species) which are permitted for food. They are fit even if they weren’t killed in a ritually acceptable manner, and even if they were perforated or mutilated, because when we say “permitted for food” we mean in terms of the species, to exclude the various kinds of ritually impure species. Although fish-skin is ritually pure, we don’t write on it, because of the filth, which does not come away during processing. The skin of an embryo counts as skin for this purpose, and we may write sifrei Torah, tefillin and mezuzot on it. This is the best kind of skin. After that, bird skin, and after that the skin of wild animals, the skin of domesticated beasts, and animals which died naturally.

The commandment of sanctifying the new month To sanctify months and intercalate [months into] years in the court [whose members are the] great in wisdom and ordained in the Land of Israel, and to establish the year's holidays according to that sanctification; as it is stated (Exodus 12:2), "This month shall be to you the first of months." This means, when you see the renewal of the moon, establish for yourselves the new month - or even if you do not see it, since it is appropriate for [the moon] to appear according to the accepted calculation. Likewise, this commandment includes the commandment of intercalation, since the basis of the commandment to sanctify the month is for Israel to observe God's holidays at their appointed times. And the commandment of intercalation has the same basis. However, beyond this verse are more Torah passages concerning the commandment of intercalation, and that is what is written (Exodus 13:10), "You shall observe this commandment in its proper time"; and likewise, "Observe the month of Spring" (Deuteronomy 16:1).

The content of the commandment is that two Jews fit to testify come before the court and testify before them that they saw the renewed moon. [The judges then] establish the new month on the basis of their [testimony] and say, "Today has been sanctified." The reason why this commandment applies only with ordained judges is because it came with the explanation [of the verse], "This month shall be for you" - great [in Torah] and ordained, like you (Rosh Hashanah 22a), since it was said to Moshe and Aharon. This matter was further expounded, as it is juxtaposed to "speak to the entire congregation of the children of Israel," meaning that they who sanctify the month must have the assent of all Israel, meaning the wisest men of Israel, such as the Great Court (the Sanhedrin). And so [too] any great sage in Israel who was ordained in the Land of Israel. And since ordination is no longer practiced, as is known, [the sage] has permission to perform this commandment even outside the Land of Israel, so long as there is no one of his stature in the Land of Israel. And so we find that Chananiah son of Rabbi Yehoshua's brother, and Akiva ben Yosef did so in this regard (Berakhot 23a). But without these conditions, no one of Israel is permitted to establish the months or intercalate. And perhaps you will ask, "If so, how do we conduct ourselves today, when we lack ordained sages?" Know that so have we received it; since Rabbi Hillel the Prince, son of Rabbi Yehudah the Prince, who was the greatest of his generation and ordained in the Land of Israel - he was the sage who fixed for us the calculation of intercalation, sanctified future months, and intercalated future [months into] years until the coming of Eliyahu, and it is upon this that we rely today. That which we have said all follows the opinion of Rambam. However, Ramban (in the Sefer HaMitzvot LaRambam, Mitzvot Ase 153), considers the sanctification of the month as one commandment and intercalation a separate commandment. His proofs (for dividing these into two separate commandments are) in his Book of Commandments. And so [too] the Ba'al Halakhot (considers these separate commandments). And the verse that teaches about the commandment of intercalation, that is, that we calculate the seasons in order to make the holidays in their (proper,) established times, is "You shall observe this commandment in its proper time," (Exodus 13:10) and so, "Observe the month of Spring," (Deuteronomy 16:1) as we have written.

The laws of the commandment - for example, interrogating [those who offer] testimony concerning the new month; instilling fear in the witnesses on occasion; the law concerning circumstances under which the Shabbat may be desecrated for this testimony; for what [considerations] we do or do not intercalate; which month they would intercalate, i.e. Adar, as they, may their memory be blessed, expounded, "'You shall observe this commandment in its proper time' (Exodus 13:10), this teaches that we only intercalate at the time near the holiday"; and they, may their memory be blessed, further expounded on this verse, "From where do we know that we only intercalate the month during daytime? [We learn this from the] verse, [which] states, 'from year to year' (yamim yemima, literally from day to day) (Sanhedrin 10b); and they, may their memory be blessed, further expounded, "'For the months of the year' (Exodus 12:2) - it is months you calculate towards the year, not days" (Megillah 5a); furthermore did they say on this matter, "'A month of days' (Numbers 11:20), it is days you calculate towards the month, not hours" (Megillah 5a); and the rest of its details - are [all] elucidated in Tractate Rosh Hashanah, and in the first chapter of Sanhedrin, and similarly in Berakhot (see Mishneh Torah, Laws of Sanctification of the New Month 1).

Judah the Persian¹⁹ Mentioned by Ibn Ezra in his Commentary to the Pentateuch and elsewhere. Nothing is known of this scholar. (See Encyclopedia Judaica, second edition, vol. 11, p. 505.) said that the years used by Israel were solar years, because he found the festivals were on fixed dates: Passover when the barley ripens (Exodus 34:18), Pentacost at reaping time (ibid. 34:22), and Tabernacles at harvest time (Deuteronomy 16:13). However, what can be done since Moses did not specify the length of a year?²⁰ Since the Bible does not specify the exact length of a solar year, the Karites are left with the matter being undecided. This will also affect determination of the festivals. Also, how will he explain the use of the Hebrew term “hodesh” (new) for “month,” for what is renewed relative to the sun? The uncircumcised (Christians), because their years are solar years and they found that a full year contains twelve lunations, divided the days of the year into twelve parts, for this number is closest to the number of lunar months. The result is that some months are 30 days and some months are 31 days.²¹ Here Ibn Ezra accounts for the division of a year into twelve parts, even if one uses a solar calendar. However, the term “hodesh” would not be appropriate for such solar months.

What does the evil [son] say? "'What is this worship to you?' (Exodus 12:26)" 'To you' and not 'to him.' And since he excluded himself from the collective, he denied a principle [of the Jewish faith]. And accordingly, you will blunt his teeth and say to him, "'For the sake of this did the Lord do [this] for me in my going out of Egypt' (Exodus 13:8)." 'For me' and not 'for him.' And if he had been there, he would not have been saved.

What does the innocent [son] say? "What is this?" (Exodus 13:14) And you will say to him, "'With the strength of [His] hand did the Lord take us out from Egypt, from the house of slaves' (Exodus 13:14).'"

And [regarding] the one who doesn't know to ask, you will open [the conversation] for him. As it is stated (Exodus 13:8), "And you will speak to your son on that day saying, for the sake of this, did the Lord do [this] for me in my going out of Egypt." "And you will speak to your your son " - it could be from Rosh Chodesh [that one would have to discuss the Exodus. However] we learn [otherwise, since] it is stated, "on that day." If it is [written] "on that day," it could be from while it is still day [before the night of the fifteenth of Nissan. However] we learn [otherwise, since] it is stated, "for the sake of this." I didn't say [this] except [that it be observed] when [this] matsa and bitter herbs are resting in front of you [meaning, on the night of the fifteenth].

And in each and every generation, a person is obligated to show himself as if he left Egypt, as it is stated (Exodus 13:8); "For the sake of this, did the Lord do [this] for me in my going out of Egypt." Not only our ancestors did the Holy One, blessed be He, redeem, but rather also us [together] with them did He redeem, as it is stated (Deuteronomy 6:23); "And He took us out from there, in order to bring us in, to give us the land which He swore unto our fathers."

Dayan Grossnass cites a passage from the Gemara (Temura 25a) that seems to clearly disprove Rav Moshe’s contention. The Gemara teaches that when there is a conflict between an individual’s directive and Hashem’s directive, the latter prevails. For example, if one declares that when a firstborn animal will be born it will be a korban olah (burnt offering), Hashem’s designation of the animal from birth as a bechor (a firstborn, which must be brought as a sacrifice; Shemot 13:2) prevails over the individual’s desire. Similarly, Dayan Grossnass argues, if one stipulates that at death his assets should belong to a halachically unrecognized heir, Hashem’s directive that the assets belong to the halachic heir prevails. Rav Hershel Schachter remarked that he finds this proof particularly convincing.

That is that He commanded us to put on the hand tefillin. And that is His saying, "And you shall tie them as a sign upon your hand" (Deuteronomy 6:8). And this command was already repeated four times. And the proof that the head tefillin and the hand tefillin are two commandments is their saying in the Gemara (Menachot 44a) in surprise at one who thinks that one not put on the head tefillin or the hand tefillin without the other, but rather only if they are both together - and this is the language of the statement - "one who does not have two commandments, should he also not do the one commandment?" This means to say, should one who cannot do two commandments not do the one - that is not the case, but rather he should do the one commandment that presents itself. Hence he should put on either one of them that presents itself to him. Behold it has been made clear to you that they called the hand tefillin and the head tefillin, two commandments. And these two commandments are not obligatory for women on account of His, may He be exalted, saying, as a reason for their obligation, "in order that the Torah of the Lord may be in your mouth" (Exodus 13:9) - and women are not obligated in Torah study. And so did they explain in the Mekhilta. And likewise did they explain all the regulations of these two commandments in the fourth chapter of Menachot. (See Parashat Bo, Vaetchanan and Ekev; Mishneh Torah, Tefillin, Mezuzah and the Torah Scroll 1.)

When we investigate the Torah’s year, we find written “This month shall be for you the beginning of months” (Exodus 12:2), so it is first of the months of the year. It is also written “This day you depart, in the month of ripening” (ibid. 13:4), and “Observe the month of ripening” (Deuteronomy 16:1). The explanation is that Israel counts by lunar months, and the month in which the barley ripens in the Land of Israel is the first of the year’s months. The beginning of that month is the beginning of the year, whether the equinox has passed or not. However, in order to perform the waving of the Omer ⁷⁸ The Omer waving took place on the second day of Passover, the sixteenth of Nisan (Leviticus 23:10–11). the court should ensure that Passover will occur when the barley has ripened.⁷⁹ There are exceptions to this requirement. See Ibn Ezra’s commentary to Exodus 12:2 and to Deuteronomy 15:1. Most years the ripening coincides with the equinox, but sometimes they are separated slightly because of an abundance of rain or because of drought.

The commandment of sanctifying the first-born in the Land of Israel: To sanctify the first-born; meaning to say that all those that are born first, which is to say [that] come out first from the womb of the female - whether with people or with beasts - the males are holy to God; as it is stated (Exodus 13:2), "Sanctify for Me every first-born; the first issue of every womb among the Israelites - man and beast - is Mine." And specifically the beast (behamah) - which is an ox and and a sheep and a goat - but not a wild animal (chayah). And from the impure beasts, only the donkey is [included] in this commandment (Bekhorot 10a). And the content of the commandment with a pure beast is that it is a commandment upon the owners to sanctify it and say, "Behold this is holy." And they are obligated to give the first-born to the priests (Kohanim); and [the latter] offer its fat and its blood on the altar and eat the meat in Jerusalem. And he does not give it immediately when it is born, but rather takes care of it - with [sheep and goats] for thirty days; and with [cattle] for fifty days (Bekhorot 10a). And outside the Land, where we do not have a Temple - according to some commentators (Mordechai in the name of Rabbi Eliezer MiMetz on Avodah Zarah, Chapter 1) - he locks the door in front of it and it dies on its own. But there are [others] of them (Mishneh Torah, Laws of Firstlings 1:10) that said we should always kill it. And if a blemish developed upon it, he can feed it to any man and in any place that the priest wants to give it to him. And it is considered like unsanctified meat (as it is like unsanctified meat) - as it is stated (Deuteronomy 15:22), "the impure and the pure shall eat it, like the gazelle and the deer." And so wrote Ramban, may his memory be blessed, in his Laws of Firstlings (at the end of Chapter 5). And we shall explain the topics of the first-born of a man and the [first-born] of a donkey with the commandment of the redemption of each of them, with the help of God. And they are in this Order and in the Order of Vayikach Korach.

To not eat chamets (leavened grain products) on Pesach: To not eat chamets on Pesach, as it is stated (Exodus 13:3), "no chamets shall be eaten."

That chamets not be found to us on Pesach: That chamets should not be seen in all of our dwellings all seven days of Pesach, as it is stated (Exodus 13:7), "and no chamets shall be seen with you, and no leaven shall be seen with you in all your territory (seven days)." And these are not two negative commandments about two topics, but rather one negative commandment; as they, may their memory be blessed, said (Beitzah 7b), "The verse opened with chametz and ended with leaven, to say to you that chamets is leaven" - meaning to say [that] there is no difference between chamets itself and something that causes it to become chamets.

The commandment to recount the exodus from Egypt: To tell about the exodus from Egypt on the night of the fifteenth of Nissan (the first night of Pesach) - each person according to his own power of expression - to laud and to praise God, may He be blessed, for all the miracles He performed for us there, as it is stated (Exodus 13:8), "And you shall tell your son." [Although the verse doesn't specify when this should be done,] the Sages have already explained (Mekhilta d'Rabbi Yishmael 13:8) that this commandment of retelling is on the night of the fifteenth of Nissan - which is the time of the eating of the matsah. And that which the verse states, "[and you shall tell] your son," [does not mean] exclusively one's son; but rather even with any creature (Pesachim 116a).

The commandment of the redemption of a [first-born] donkey: To redeem the male offspring of a donkey that was born first, as it is stated (Exodus 13:13), "And the first-born of a donkey, you shall redeem with a sheep." And its content is that the Israelite takes one sheep and gives it to the priest as redemption for the first-born donkey, which is to God, for the reason that we wrote above. And He, blessed be He, gave it to the priest. And hence the Israelite redeems it from him, since God, may He be blessed, wanted that there should be a redemption for it with a sheep. And if he does not have a sheep, he redeems it with the money [value] of a sheep. And since the money of sheep is not the same [in all cases], the Rabbis, may their memory be blessed, said (Bekhorot 11a), "A good eye (a generous price) is a sela, a bad eye (a miserly price) is half a sela, an intermediate [one] is three zuz." And the time of the redemption is until thirty days. And the sheep is non-sanctified in the hand of the priest and the donkey is [likewise] in the hand of the Israelite.

The commandment of beheading a [first-born] donkey: To behead a [first-born] donkey, if he does not want to redeem it, as it is stated (Exodus 13:13), "and if he does not redeem it, he shall behead it." Its content is that he kills the offspring of the donkey if he does not want to redeem it. And God decreed that he should not benefit from it, since he did not redeem it. And [this is such] that even the carcass is forbidden for him to benefit from.

There is no substitute for the prayer of the community as a unified whole. As so eloquently stated by Ramban in his commentary on Exodus 13:16, "The purpose of … synagogues and the merit of communal prayer is that people have a place wherein they assemble and express gratitude to the Almighty … and proclaim publicly and say before him 'we are Your creatures!' " To this end Jews, men and women alike, join together in the synagogue in common and collective expression of worship and devotion.

The commandment of "Tefillin" is to write four passages i.e. "Kadesh" until "l'moadah [m'yamim yamimah]"(Exodus 13:1-10); "v'haya ki yevi'acha" until "ki b'chozek yad hotziyanu Hashem mimitzrayim" (ibid 11-16); "Sh'ma" until "uvish'arekha" (Deuteronomy 6:4-9) and "v'haya im shamo'ah" until "al ha'aretz" (ibid 11:13-21) Rema: They must be written in this order, that is the order they appear in the Torah and if [the scribe] deviates from this order [the tefillin] are invalid. Ideally the arm-tefillin should be written before the head-tefillin.

On the seventh of Pesaḥ, the nights before the holiday, we sanctify it with Kiddush over the wine, and we do not need to say the blessing Sheheḥeyanu over the season. And here ¹ Pesachim 102b:5 is the proof. As it says there: Because Rav did not say that one recites the blessing over the season, learn from that that we are discussing the seventh day of Pesaḥ. Whatever wine he had, he already consumed, and does not have enough for two more cups. And the explanation for this is that the season is included within the pilgrimage. And we pray as on the first two days of Pesaḥ, for the evening and for the morning, but in the Musaf prayer we add to the verses of And you shall present ² Numbers 28:19-24, and we say, And on the seventh day a sacred gathering it will be for you, all laborious work you will not do.³ Numbers 28:25 And its offerings, etc. And we take out two Torah scrolls and read from And it was when he let them go⁴ Exodus 13:17 to For I am the LORD your healer ⁵ Exodus 15:26, since on the seventh day the Israelites of the exodus said the Song at the Sea. And the mafṭir reads from And you shall present to the end of the part⁶ Numbers 28:19-25, and concludes in Samuel, from And there was again fighting in Gath⁷ II Samuel 21:20 to the end of the song of David⁸ II Samuel 22:51, because it is a song, and it has language within it showing similarity to language of the exodus from Egypt, like Smoke went up from His nostrils⁹ II Samuel 22:9 or And he let loose bolts¹⁰ see II Samuel 22:9. And a minor translates it all into the Aramaic translation verse by verse, from And it was when he let them go¹¹ Exodus 13:17 and from the entire song, for this very day Israel crossed the sea, and the section is translated to publicize miracle. And just as it is our custom to translate the Torah into the Aramaic of Onkelos, so too we translate the Prophet into the Aramaic of Jonathan. And we also translate the readings on Atzeret that is to say, Shavuot, but not on the other festivals. On the eighth day we read Every firstborn to the end of the reading¹² Deuteronomy 15:19-16:17, and conclude with Isaiah, at That same day at Nob up to Shout and cheer¹³ Isaiah 10:32-12:6, because the downfall of Sanḥeriv was on Pesaḥ.

A Jew who has chametz in his possession on Pesach, continually transgresses the law, "No chametz must be seen in your possession" (Ex. 13:7) and "No chametz may be found in your home" (Ex. 12:19). Benefit of such chametz is forever forbidden, even if he nullified it before Pesach.¹Many later Poskim rule that this law applies, even if you made the search for chametz and also nullified the chametz, but others are lenient and rule that if you both searched for and nullified the chametz, it is not forbidden for benefit, since you fulfilled all that was required of you. Therefore, in a situation where there is a potential for great losses, this lenient opinion may be relied on. (Mishnah Berurah 448:25; also Biyur Halachah) Therefore, if you own a great deal of chametz that you cannot do away with, you must sell it to a non-Jew before Pesach, while you are still permitted to derive benefit from it. You should not treat the matter of selling chametz as a routine formality. Rather, it should be your firm intention to actually sell the chametz to the non-Jew, in a firm and binding sale. You should not sell it for more than it is worth. After Pesach you demand from the non-Jew that he pay his debt, and when he replies that he has no money, you ask of him to resell the chametz to you (together with the room) for so-and-so-much. You should not make a mockery out of this matter, rather, it should be handled in a business-like manner.

That is that He commanded us to count the years and the sabbatical cycles until the Jubilee year, once the land has been conquered and we have subdued it. And this commandment - meaning the counting of the years of the sabbatical cycle is given over to the Great Court, meaning the Great Sanhedrin. For they are the ones that count each year of the fifty years, just like each and every one of us counts the days of the omer. And that is His, may He be exalted, saying, "And you shall count off seven weeks of years" (Leviticus 25:8). And the language of the [Sifra] (Sifra, Behar, Section 2:1) is, "I might think that one counts seven sabbatical years, one after the other, and then have the Jubilee. [Hence] we learn to say, 'seven years, seven times.' [This was not] until both verses were stated; if not, we would not have understood [the law.]" That is to say that the nature of this commandment's performance is only attained with two verses - and that is that he counts the years individually and counts the cycles with them, seven times. And once it says that this matter is only attained from two verses, it indicates that they are perforce one commandment. For had they been two commandments - meaning the counting of the sabbatical cycles and the counting of the years - they would not have said, "[This was not] until both verses were said." For we always learn two commandments from two verses; and likewise always learn every singular commandment from one verse. However, it is said that this is not at all [understood] until two verses were said for this one commandment - the knowledge of which would be incomplete without the two verses. This is like [the commandment of] the firstborn animal that comes from the verse, "All that opens the womb is Mine" (Exodus 34:19). However this alone would indicate that the firstborn would be the Lord's, whether male or female. But another verse comes - "the males are the Lord's" (Exodus 13:12). However that verse by itself would indicate that all the males are the Lord's - whether they are a firstborn or [not]. Rather the content of the commandment comes from the two verses, which is that it is only a firstborn male, like they explained in the Mekhilta. (See Parashat Behar; Mishneh Torah, Sabbatical Year and the Jubilee 10.)

That is that He commanded us to sanctify (proclaim) the months (in other versions, and to calculate the months) and years. And that is the commandment of sanctifying the month. And that is His, may He be exalted, saying, "This month shall mark for you the beginning of the months" (Exodus 12:2). And the explanation (Rosh Hashanah 22a) comes [and tells us] that "this testimony is given over to them" - meaning that this commandment is not given over to each and every individual, like the Shabbat of creation, towards which every individual counts six days and rests on the seventh. [Here, it is not] that when each and every individual sees the [new] moon, he determines that today is Rosh Chodesh (the first of the month), or that he should count some Torah matter and establish the new month or look into the lateness of the Spring - or something else that is fitting to observe - and add a month. Rather, this commandment is always only done by the High Court, and only in the Land of Israel. And the sighting [of the new moon] has therefore been annulled for us today with the absence of the High Court, just like the offering of sacrifices has been annulled with the absence of the Temple. And the heretics called Karaites have referred to this and erred about it. And this is a principle that even some of the rabbis did not concede and followed them into the darkness and the shade. You should know that the calculation that we count with today, through which we know Rosh Chodesh and the holidays, is impossible to do outside of the Land. However in the absence of sages in the Land of Israel, it is possible for a court that was ordained in the Land of Israel to intercalate years and determine months outside of the Land, like Rabbi Akiva did - as is explained in the Talmud (Berakhot 63a) - yet there is a great and strong question about this. And it is known that the Great Court, however, was in the Land of Israel; and that they were the ones that determined the months and intercalated the years in ways that were passed on to them, [doing so] in their gathering together. And this is one of the great principles of the faith - only those that have a deeper knowledge know it and see it in its place. And that is that that which we count today outside of the Land with the work of intercalation that is in our hands - and say that this day is Rosh Chodesh and that day is a holiday - is not because we have determined the holiday from our [own] calculation in any way. Rather, it is because the Great Court in the Land of Israel had already determined that this day is Rosh Chodesh or a holiday. And since they said that today is Rosh Chodesh or a holiday, it is [actually] Rosh Chodesh or a holiday - whether this action of theirs was through calculation or sighting - as appears in the explanation (Rosh Hashanah 25a), "'These are the set times of the Lord [...] which you shall proclaim as sacred occasions' (Leviticus 23:4); I have no other set times besides these" - meaning to say, the ones that they say are the sacred times, even under duress, even in error, even inadvertently - as it appears in the tradition. And we indeed consider the day determined by them - meaning the inhabitants of the Land of Israel - to be Rosh Chodesh. As it is upon [their] work itself that we count and determine [it] - not upon sighting; and it is upon their calculation that we rely, and not upon our [own] calculation. Rather our calculation is just an exposition of the matter. And understand this. And I will explain to you further. If we were to assume, by way of illustration, that the [Jewish] residents of the Land of Israel disappeared from the Land of Israel - God forbid that God would do this, since He promised that He would not erase the traces of the nation [there] totally - and that there would not be a court there, nor a court outside the Land of Israel that was ordained there. [In such a case,] this calculation of ours would surely not help us at all in any way. For we may only calculate months and intercalate years outside the Land of Israel according to the conditions mentioned, as we have explained - 'for out of Zion comes forth Torah.' And when someone with a complete intellect examines the [related] statements of the Talmud with this approach, everything that we said will become clear, without a doubt. And note that there were hints that appear in Scripture that indicate the principles of this work upon which we should rely to know Rosh Chodesh and the intercalation of years. Among them is His saying, "You shall keep this ordinance at its set time from year to year" (Exodus 13:10). They said (Mekhilta DeRabbi Shimon Bar Yochai 13:9), "It teaches that we only intercalate the year during the period that is proximate to the sacred occasion (Pesach)." And they said [further], "From where [do we know] that we only sanctify the month during the day? [Hence] we learn to say, 'from year to year (literally, from day to day).'" And they [also] said (Megillah 5a), "You calculate months for years, but you do not calculate days for years." This indeed indicates that the addition in this is in fact a full month. And they said [further], "'A month of days' - you count the days of a month, and you do not count the hours of a day." And His saying, "Observe the month of Spring" (Deuteronomy 16:1), indicates that it is fitting that we preserve the seasons of the year in our years, and that is why it is [also] solar. And the regulations of this commandment have already all been completely explained in the first chapter of Sanhedrin, in Tractate Rosh Hashanah and in Berakhot. (See Parashat Bo; Mishneh Torah, Sanctification of the New Month 1.)

That is that He commanded us to tell about the exodus from Egypt on the night of the fifteenth of Nissan - at the beginning of the night - according to the speaker's linguistic abilities. And it is better for one to add upon the telling and stretch out the words, by magnifying that which God did for us, what the Egyptians did to us in terms of injustice and oppression and how God avenged us upon them, and to thank Him, may He be exalted, for all of the good with which He benefitted us. It is like they said, "Anyone who is expansive in his telling about the exodus from Egypt - behold, he is praiseworthy." And the verse that appears about this command is His saying, "And you shall tell your son on that day" (Exodus 13:8). And the explanation (Mekhilta d'Rabbi Yishmael 12:8) comes [to say], "'And you shall tell your son' - perhaps from Rosh Chodesh [Nissan. Hence] we learn to say, 'on that day.' Perhaps while it is still day. [Hence] we learn to say, 'for the sake of this' - when [this] matzah and bitter herbs are resting in front of you," meaning, you recount [it] at the beginning of the night." And the language of the Mekhilta (Mekhilta DeRabbi Shimon Bar Yochai 13:2) is, "It is implied from its being stated, 'when your son asks you' (Exodus 13:14) - perhaps if he asks you, you tell him, etc. [Hence] we learn to say, 'and you shall tell your son' - even though he does not ask you. I only [know] at the time that he has a son. [If he is] by himself [or] with others, from where [do I know it? Hence], we learn to say, 'And Moshe said to the people, "Remember this day"'" - meaning to say that He commanded them to remember it, just like He said, "Remember the Shabbat day" (Exodus 20:8). And you already know the language of their saying, "And even if we are all sages, all understanding, all knowing the whole Torah, it is a commandment upon us to tell about the exodus from Egypt" (Haggadah). And the regulations of this commandment have already been explained at the end of Pesachim (See Parashat Bo; Mishneh Torah, Leavened and Unleavened Bread 8.)

That He prohibited us from having weights and measures that are deficient, with us in our homes - even though one does not buy and sell with them. And that is His, may He be exalted, saying, "You are not to have for yourself in your pouch varying weight-stones, large and small" (Deuteronomy 25:13); and likewise, "varying ephah measurements" (Deuteronomy 25:14). And the language of the Gemara, Batra (Bava Batra 89b), is, "It is prohibited for a person to keep in his house a measure that is deficient or inflated, even if [he only uses it as] a chamber pot for urine." And you should not think that His saying, "You are not to have for yourself [...] "varying ephah measurements"; and "You are not to have for yourself [...] varying weight-stones" - [signifies] that they are two [distinct] negative commandments. Indeed, it is coming to round out the laws of the commandment, so that the types of measures are explained - and they are weight and measurement. It is as if He would say, "You should not have two measures with you - not for measuring, and not for weighing," as we explained in the Positive Commandments (Sefer HaMitzvot, Positive Commandments 208). And His saying, "You are not to have for yourself [...] varying weight-stones"; and "You are not to have for yourself [...] varying ephah measurements" - is like His saying, "You shall not charge interest to your brother; interest of money, interest of food, interest of anything upon which interest can be charged" (Deuteronomy 23:20) - which is one negative commandment that includes many types, all of which have the very same content. And it is not from the repetition of language that there is an expansion of commandments, as we discussed earlier in Principle 9. And something like this negative commandment already came before us; and that is His saying, ""no chametz may be seen [...], and no leaven may be seen" (Exodus 13:7). (See Parashat Ki Tetzei; Mishneh Torah, Theft 7.)

The commandment of redeeming the first-born of a man: To redeem the first-born of man; as it is a commandment upon every man in Israel to redeem, from the priest, his son who is the firstborn to his Israelite mother - as it is stated (Numbers 18:15), "but you shall redeem the first-born of man." Elsewhere we find that the Torah makes being firstborn dependent on exiting the womb, as it it is stated in the Order of Bo el Pharaoh (Exodus 13:2), "all the first-born, all that exit the womb of the Children of Israel - whether man or beast - is Mine." And the meaning of exit the womb is opening the womb, meaning who was the first to open the womb of the mother. And because of this, they, may their memory be blessed, said (Bekhorot 46a) that one who is born after a stillborn - any stillborn for which the mother would be impure [as a result of it] - the one that comes after it is not a first-born to [be redeemed from] the priest, as the stillborn preceded him; but if the fetus [is not developed enough that] the mother [contracts] the impurity of birthing, the one that comes after it is a first-born. In Tractate Niddah (Niddah 21a) this distinction is elucidated, and likewise in Tractate Bekhorot (Bekhorot 46a) is elucidated which first-born children are considered first for the priest and not for inheritance, and which are first for inheritance but not for the priest. It also said there that there is a firstborn for everything and one that is not a firstborn for [even] one of them.

Our Rabbis also taught us that in our time, we do the redemption of the first-born in an order like this: They bring a cup of wine and a myrtle branch to the home of the father of the son or to [some] other place, and the priest to whom the father chooses to give the redemption of his son blesses first over the wine and over the myrtle and then recites this blessing - "Blessed are You, our Lord, King of the Universe, Who sanctified the fetus in his mother's innards, and at forty days individuated his limbs into two hundred and forty-eight limbs, and then breathed in the spirit of life, as it is written (Genesis 2:7), 'and He breathed in his nostrils ...'; He clothed him with skin and flesh, and covered him with bones and ligaments, as it is written (Job 10:11), 'He clothed me with flesh and skin and covered me with bones and ligaments.' He appointed food and drink for him, honey and milk to bring him joy, and appointed two ministering angels to guard him in his mother's womb, as it is written (Job 10:12), 'with life and kindness, etc.'" His mother says, "This is my firstborn son, with which God opened the doors of my belly." His father says, "This is my first-born and I am warned about redeeming him, as it is stated (Exodus 13:13), 'and all the first-born of man, your sons shall you redeem.' May it be the will in front of You, Lord, my God, that as You have allowed his father to merit to redeem him, so too should you allow him to merit Torah, marriage and good deeds. Blessed are You, Lord, who sanctified the first born of Israel to be redeemed." The father of the son then recites two blessings: 'on the redemption of the first born'; and 'Who has allowed us to live.' He gives the well-known redemption to the priest, which is five sela, as specified in the Torah. This is equal to sixty argents of refined silver in our land. And after the redemption, the priest recites these three blessings that we wrote.

This commandment is practiced in every place and at all times by male Israelites, but not by females. As we have in our tradition that only a man who is obligated to [potentially] redeem himself is obligated to redeem his son; but not a woman, who is not [in the category of] redemption. The commandment is also not practiced by priests and Levites (Bekhorot 4a) from an a fortiori argument (kal vechomer): If they could exempt Israelites from redemption of the firstborn in the wilderness, it follows that they would exempt themselves. They, may their memory be blessed, also said that even a son of an Israelite who has relations with a priestess or a Levite woman and his son is from her is exempt from redemption (Bekhorot 47a); since the matter is dependent upon the mother, as Scripture made it dependent on exiting the womb. And one who transgressed this and did not redeem his son from when he is fit, that is after thirty days have passed [from his birth]; if he dies before he has redeemed him, he has violated this positive commandment, and woe unto him for he carries his sin upon his soul. And even though there is no specified time for this commandment, as any time after thirty days have elapsed is appropriate, still the wise of heart will grab commandments and perform them at the first available moment, and 'the desire of God will prosper in his hand.' And it seems that the father is always obligated to redeem his son. And even after the son matures, the commandment is incumbent on the father, as the verse states (Exodus 13:17), "And all the first-born of man, your sons you shall redeem" - behold, that the commandment is made incumbent on the father. And so does it seems in Kiddushin.

And he first places that of the arm and afterwards that of the head; and when he removes them, he removes that of the head first. And [also] that which they said (Berakhot 9b, (Mishneh Torah, Laws of Tefillin, Mezuzah and the Torah Scroll 4:10) that the time of tefillin during the day is from when one can see his friend until the sun sets, as it is stated (Exodus 13:10), "You shall observe this statute in its proper time from day to day" - and "this statute" is the commandment of tefillin. And Shabbat and holidays - and the same is true of the intermediate festival days - are not a time for the placing of tefillin, as it is stated about them (Exodus 13:16), "And it shall be a sign." And Shabbat days and holidays are a sign themselves, and we do not need another sign.

And he first places that of the arm and afterwards that of the head; and when he removes them, he removes that of the head first. And [also] that which they said (Berakhot 9b, (Mishneh Torah, Laws of Tefillin, Mezuzah and the Torah Scroll 4:10) that the time of tefillin during the day is from when one can see his friend until the sun sets, as it is stated (Exodus 13:10), "You shall observe this statute in its proper time from day to day" - and "this statute" is the commandment of tefillin. And Shabbat and holidays - and the same is true of the intermediate festival days - are not a time for the placing of tefillin, as it is stated about them (Exodus 13:16), "And it shall be a sign." And Shabbat days and holidays are a sign themselves, and we do not need another sign.

A mixture including hametz, on its account one transgresses the prohibition on seeing hametz (Exodus 13:7) and the prohibition on finding hametz (Exodus 12:19), e.g., brine, bread/milk preserve, beer, and the like. But something that is a mixture containing hametz but is not fit for consumption, one is permitted to keep on Pesah, e.g., the leather-worker's mixture that one put into it skins and flour, even if one put them together an hour before the time of destruction of hametz, it is permitted to keep it. But if one did not put the skins in but did put the flour in: three days before the time of destruction of hametz, one is permitted to keep it since it is lost and spoiled; within three days, one must destroy it. Similarly, eye salve, bandage, rag, or medicine that one has added hametz to, it is permitted to keep them over Pesah since they have lost the form of hametz.

Behold, they elucidated that even the lulav and the sukkah and tefillin - that He commanded that they be "a sign upon your arm and a commemoration between your eyes [...] that the Lord took you out of Egypt with a strong hand" (Exodus 13:9) - are not for the honor of God, may He be blessed, but [rather] to have mercy on our souls. And they already set this into the prayer of Yom Kippur, "You have separated man from the start and recognized him to stand in front of You, as who will say to You what to do, and if he is righteous, what will he give to You?" And so [too], it stated in the Torah (Deuteronomy 10:13), "for your good"; and so [too] (Deuteronomy 6:24), "And He commanded us to do all of these statutes [...], for our good all of the days." And the intention in all of them is that it be good for us and not for Him, may He blessed and elevated. But all that we are commanded is [so that] our souls be refined and purified without the dross of evil thoughts and disgusting character traits. And so that which they said (Berakhot 33a), "[It is because] he makes the traits of the Holy One, blessed be He into mercy and they are only decrees," is to say that God did not worry about the nest of the bird and His 'mercy did not reach' it and its child; as His mercy does not extend to creatures with an animal soul, to prevent us from doing what we need to them. As were it so, slaughtering would be forbidden. But [rather], the reason for the proscription is to teach us the trait of mercy and that we not become cruel. Since cruelty spreads in the soul of a man, as it is known with butchers that slaughter large oxen and donkeys, that they are 'people of blood,' 'slaughterers of men' [and] very cruel. And because of this they said (Kiddushin 82a), "The best of butchers are the partners of Amalek." And behold, these commandments with animals and birds are not mercy upon them, but [rather] decrees upon us, to guide us and to teach us the good character traits. To here are the interpretations of Ramban, may his memory be blessed.

And Rambam wrote (Sefer Hamitzvot LaRambam, Mitzvot Lo Taase 272), "And do not think that they are two [distinct] commandments since they are two negative statements [in the Torah]. Indeed, [the two statements] have come to complete the laws of the commandment, such that two types of size are included - and they are the weight and the measure. [It is] as if it stated, 'You should not have two sizes, not in measurement and not in weight.' [It is] like 'You shall not take interest from loans to your brother, whether in money or food or anything else that can be taken as interest' (Deuteronomy 23:20) - which is all one negative commandment. As it is not by the duplication of expressions that [the number of] commandments increase, when it is all one matter. And so [too with] 'no leavened bread shall be found with you, and no leaven shall be found' (Exodus 13:7), which is [all] one negative commandment, since it is [all] one matter. Rather, [the two expressions] are stated to complete the elucidation of the matter."