Halakhah su Esodo 12:78
Shulchan Arukh HaRav
And it is already known what is argued about this stringency in the book of the Zohar. Such is said in the Gemara that "midnight" is a time of will, as it is written, "And it was the half [way point] of [the] night and G-d struck the every first born..." (Shemot 12:29). And they also said that one who occupies himself with Torah at night, the divine presence is in front of him as it says, "Arise, cry out in the night, at the beginning of the watches; pour out thy heart like water before the face of the Lord" (Lamentations 2:19). Meaning, the divine presence is found with you and " beginning of the watches" is at "midnight" (if he can not get up at half way through the night, he should get up at the beginning at the beginning of the third watch (the beginning of the last third of the night)). He that is involved with Torah at night, a string of kindness is pulled on him, as it says, "By day, may the Lord command His kindness, and at night, may His resting place be with me..." (Psalms 42:9). This is called a servant of G-d as it is written, " Behold, bless the Lord, all servants of the Lord who stand in the house of the Lord at night." (Psalms 134:1). It is proper to prepare a rooster to awake him from his slumber and "midnight", which was the doing of Rabbi Akiva. He pulled along with him a rooster, even when he would go on his travels so that it would awake him at "midnight". If the rooster did not awake him, he would pay someone to awaken him.
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Shulchan Shel Arba
Birkat ha-mazon is from the Torah, as it is said, “When you have eaten your fill, you shall bless the Lord your God.”219Deut 8:10. The complete verse is “When you have eaten your fill, you shall bless the Lord your God for the good land which he has given you.” And they taught in a baraita:220B. Berakhot 48b. “you shall bless” – this is the blessing “ha-zan;” “the Lord your God” – this is birkat ha-zimmun (“the blessing of invitation”); “for the land” – this is the blessing “ha-aretz” (“for the land”); “good” [ha-tovah]– this is the blessing “boneh Yerushalayim.” And therefore it says “the good hill country [ha-har ha-tov] and the Lebanon.”221Deut 3:25. I have only a blessing after the meal; from where do I get before it? Scripture says “”which He has given you” – from the moment He has given it to you, you are obligated to bless Him. Our rabbis z”l taught in a midrash: Moses instituted the blessing “ha-zan” for Israel when the manna fell down for them; Joshua instituted the blessing “ha-aretz” when he led them into to the land, and David and Solomon instituted “boneh Yerushalayim.”222B. Berakhot 48b. And you will also find in the story of the manna a hint at the blessing “ha-zan” in the manna itself, as it is said, “In the morning you shall have your fill of bread,223Ex 16:12. and you shall know that I the Lord am you God” – this knowing will occur when remind yourselves of it when you say a blessing over eating the manna. The fourth blessing, “ha-tov ve-ha-metiv,” was instituted at Yavneh. Our rabbis z”l needed to make reference in the blessing “ha-aretz” the Torah, and also refer in it to the covenant (brit), and for them to mention brit before Torah,224In B. Berakhot 48b-49a it says that Torah was given through three covenants, while the covenant of circumcision was given through thirteen covenants. R. Bahya explains the point of this allusion in what follows. so it would be said like this: “brit and Torah, life and food, for your brit which you sealed [upon us] and your Torah which you taught us.”225A quotation from a version of birkat ha-mazon used by R. Bahya and his contemporaries, but slightly different from the version we use now. And the reason that they needed to mention both in the blessing “ha-aretz” was to instruct us that it was because of the Torah that we merited the inheritance of the Land.226And so the Tur, and Rashi’s commentary on b. Berakhot 48b. And this is the reason for the setting up of the stones upon which “the whole Torah” is written, and this is what is meant by “to [le-ma’an] enter the land.”227Dt 27:3. Le-ma’an means literally “for the sake of” R. Bahya alludes to stones Moses instructed the Israelites to set up in Dt 27:2-3: “As soon as you have crossed the Jordan into the land that the Lord your God is giving you, you shall set up large stones. Coat them with plaster and inscribe upon them all the words of this Torah when you cross over in order, to enter the land that the Lord you God is giving you.” Le-ma’an – “for the sake of” this Torah “you will enter the Land.” And in my opinion, in “to [le-ma’an] enter the land,” “le-ma’an” means “so that you are able to enter,” that is to say, “Insofar as I am commanding you to write on them the whole Torah, so you will have the power to enter the land, because the power of the Torah will cut out [yakhritu] 228R. Bahya’s word choice here is rich in relevant connotations. “Cut out” – yakhrit – is from the root of the same verb “karat” used in the Biblical expression “to cut a covenant”- likrot brit – that is, to make a covenant, and also used for the punishment of someone who violates the covenant, e.g., as in Ex 12:15: “Whoever eats leavened bread from the first day to the seventh day [of Passover], that person shall be cut off [nikhreta] from Israel.”the enemies of the land, so that you will inherit it.
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The Sabbath Epistle
We find that the light of the sun and of all the stars is eternal, of itself it does not increase nor decrease. However, the light appears to increase or decrease depending on whether the object being viewed is far or near. Also, the light varies due to changes in the atmosphere at the beginning or the middle of the day. Only the moon has a renewal of its light.1 Ibn Ezra believes that the sun, all planets and all stars, generate their own light, and only the moon reflects light of another body (the sun). Therefore, the Hebrew term for month, “hodesh,” can truly apply only to a lunar month.2 In Hebrew, a month is called “hodesh,” which is derived from the root “hidesh” meaning “renew.” Since only the moon has a renewal of its light, “hodesh” can only refer to a lunar month. We examine when such a month begins.
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The Sabbath Epistle
One revolution, which includes all the spheres, is from east to west. The twelve zodiacal constellations13 The order of the zodiacal constellations and zodiacal signs is: Aries, Taurus, Gemini, Cancer, Leo, Virgo, Libra, Scorpio, Sagittarius, Capricorn, Aquarius, and Pisces. complete a revolution in twenty-four hours,14 This is known as a “sidereal day,” which is the interval between two successive passes of the vernal equinox point over the meridian. A sidereal day is slightly less (by about four minutes) than a “solar day,” the interval of time between two successive passes of the sun across the meridian. Apparently Ibn Ezra used sidereal time rather than solar time. and the seven planets15 The seven planets known at that time are: Moon, Mercury, Venus, Sun, Mars, Jupiter, and Saturn. also finish their revolutions in approximately the same amount of time. The second revolution is from west to east. It also includes all of the spheres, for the poles of the spheres of the planets are similar to the poles of the zodiacal sphere.16 All of the lower eight spheres that contain the planets and the fixed stars rotate at various rates around the earth from west to east. Only the sun maintains the path of the ecliptic, not deviating south nor north. It traverses the complete zodiac in 365 days, five hours, and fractions of an hour. This is a solar year and the true year, for the days return a second time to what they were in the preceding year. For this reason a year is called “shana” (repetition).
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The Sabbath Epistle
All astronomers agree that the lunar month begins at the moment when the moon and the sun are in conjunction in the same longitude. This is what our Rabbis called the “molad ” (birth, i.e., new moon). Our scholars calculated it for the mean orbit,3 This figure is given in the Talmud: 29 days, 12 hours, and 793 halaqim (Rosh haShana 25a), or 29 days, 12 hours, 44 minutes, and 3 and ⅓ seconds, approximately 29.5306 days. Such a month is known as a “synodic month” and is defined as the mean time between new moons. The current approximation for a synodic month is 29 days, 12 hours, 44 minutes, and 2.7 seconds, or 29.5306 days. and all astronomers did the same. Then they adjusted it.4 “Mean conjunction” is conjunction of the sun and the moon relative to their individual spheres. However, since the moon’s sphere, the sun’s sphere, and the earth are not concentric, conjunction relative to the zodiacal sphere may differ from conjunction relative to the individual spheres. Conjunction relative to the zodiacal sphere is called “true conjunction.” Thus our Rabbis, their memory should be a blessing, said: “Sometimes it comes by a long path and sometimes it comes by a short path” (Rosh haShanah 25a). Since conjunction involves two bodies, we must know with regard to each one when it is a long path or a short path. Sometimes both are long, or both short, or the sun long and the moon short, or vice versa. Also, sometimes the length or shortness is small, sometimes large, to the extent that the length or the shortness may be as much as thirteen hours. Thus at times there is a difference between our calculation of conjunction and true conjunction of these many hours, either earlier or later.
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Gray Matter IV
As is well known, the Torah (Shemot 12:16) permits us to cook on Yom Tov. The Torah presents this exception as follows: “However, that which is done for eating purposes may be done for you (lachem).” Chazal (Beitzah 20b) interpret the word “lachem” to teach that we are permitted to cook “lachem,” for Jews, but not for nochrim. The Shulchan Aruch (O.C. 512:1) codifies this rule as normative Halachah with no dissenting opinions voiced by the Shulchan Aruch or any of its commentaries. The Aruch Hashulchan (O.C. 512:1) and Bei’ur Halachah (ad. loc. s.v. Ein Mevashlim) agree that cooking for a nochri constitutes a Torah-level prohibition.
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Sefer HaChinukh
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).
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Sefer HaChinukh
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).
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Sefer HaChinukh
And from the fundamentals of this Torah that we said that God gave to His people through Moshe, His prophet, is to know that the Lord God in the Heavens that gave the Torah to Israel is the First Being - such that there is no beginning nor end to His being, may He be blessed - and that He made exist and created from His will and His power all that was created, ex nihilo. And [likewise] that He keeps in existence everything that He created the whole time that He wishes, but no longer - [not] even an instant. And that He is not prevented from doing anything. And [also from the fundamentals is] to believe that He is one without any conjunction; to believe that in a man fulfilling that which is written in [the Torah], his soul will merit great enjoyment forever; and to believe that God oversees the actions of people and knows all the details of their deeds and repays everyone according to his action. And also from the fundamentals of the Torah is to believe that the true explanation of the Torah is the traditional received explanation that is in our hands from the early Sages of Israel. And anyone who explains about it something that is the opposite of their intention is [expressing] a mistake and a completely void thing. As our Sages received the explanation of the Torah from our teacher, Moshe - peace be upon him - who received it from God, blessed be He, when he stood on the mountain forty days. And even though it was possible to learn [it] in less time than this due to the power of the Teacher, God wanted to hint to the learners that they learn it with deliberation. And this true explanation that we wrote is the explanation that is written in the Babylonian and Jerusalem Talmuds (Gemara), which [was] composed [by] our early Sages, who received it one generation after another from our teacher Moshe, peace be upon him. And the Babylonian is lengthier and more elucidated, and [so] we rely upon it more. And it is made up of six orders, and there are sixty tractates in it, according to the division of the contents. Their mnemonic is 'there are sixty queens.' And there are five hundred and twenty-two chapters. And the true explanation of the Torah is likewise elucidated from other books that some of our early Sages composed. And [these books] are called Sifra, Sifrei, Tosefta and Mekhilta. All of these are books that all of Israel believe and [they] rely upon the words of theirs which are there without a disagreement. And about those that there is a disagreement, they have already also explained the ruling that we should take from them. Everything is nicely elucidated without any doubt or confusion to those that understand. And anyone whose heart troubles him about these matters is not included in the holy (Jewish) people - since we would never agree about the truth from the simple understanding of the verses of the Torah without their explanations and their true tradition. As there are several verses in the Torah that appear to contradict one another. But the one who knows their explanation understands and sees that the ways of God are straight: Behold it is written in the Torah (Exodus 12:40), "And the inhabitation of the Children of Israel [which they dwelt in Egypt was four hundred and thirty years]." And [yet] we found that Kehat the son of Levi was from those that went down to Egypt; and if you count the days of his life and the years of the life of Amram, his son, and the eighty years of Moshe - as he was eighty in his standing in front of Pharaoh to speak to him to take out the Children of Israel from Egypt - they all only add up to three hundred and fifty years. However the explanation of this is that the tally of four hundred and thirty begins from the time that it was stated to Avraham, "that your seed will be a stranger" (Genesis 15:13). And the explanation of the verse is thus: "And the inhabitation of the Children of Israel which they dwelt in Egypt" and other lands - meaning that they began to be exiled - "was four hundred and thirty years." As from the time that it was stated to Avraham, "that your seed will be a stranger," did the distress begin for him - and [so] the beginning of the tally is from there. And do not let its stating, "the Children of Israel," be difficult for you - as behold they said in the Midrash (Bereshit Rabbah 63:3), "Avraham is called Israel, as it is stated, 'And the inhabitation of the Children of Israel.'" And that which it states, "the Children of Israel" is meaning to say the Children of Israel and Israel (referring to Avraham); but Scripture expressed it in this language since the distress began to the father with the proclamation of the exile of the children. And that which it is stated, "Egypt," is also not specific, but rather meaning to say in exile. And that which it expressed it all with the [word,] Egypt, is because the core of the exile was there; and everything goes according to the core, and it is always called by it. And so [too,] is it written in the Torah (Deuteronomy 10:22), "With seventy souls did your forefathers go down to Egypt." But when you count their enumeration, you find [only] sixty-nine souls. But rather the explanation (Bava Batra 123b) comes that Yocheved was born 'betwixt the walls' (of Egypt, though she was conceived before they arrived), and [so] was not counted in the enumeration. And likewise, one verse (Exodus 12:15) states, "Seven days shall you eat matsot" and one verse (Deuteronomy 16:8) states, "Six days." And many like this would not be elucidated without the traditional explanation that is in our hands, that was given to us from our teacher, Moshe.
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Gray Matter IV
Three basic concepts must be clarified in order to understand this issue. The first is the debate between Beit Shamai and Beit Hillel regarding the law of “mitoch.” The Torah (Shemot 12:16) permits certain melachot on Yom Tov, including cooking, transferring fire, and carrying in a public domain, for the sake of ochel nefesh (food preparation). Beit Shamai limits this permission to food preparation while Beit Hillel expands it to any Yom Tov need.
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Gray Matter III
A similar rule applies to all forbidden foods – as the Gemara (Avodah Zarah 67b-68a) states, the Torah forbids only food that is fit for human consumption. Regarding Pesach, however, we are stricter, requiring that the chametz be unworthy even for canine consumption.1This is consistent with Halachah’s unusually strict overall approach to chametz on Pesach, which manifests itself in such laws as the prohibition to own chametz and the impossibility of nullifying it in a mixture. The Ran (13b in the pages of the Rif s.v. Tanu Rabbanan) and the Magen Avraham (442:14) explain that chametz that is fit for canine consumption has the potential to ferment bread. Hence, it is similar to sourdough, which the Torah (Shemot 12:19) specifically forbids for Pesach consumption.
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The Sabbath Epistle
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.
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The Sabbath Epistle
There are those of our generation who calculate the Hebrew calendar. Because they know the calculation based on 1:12:793,8 A mean lunar month is 29 days, 12 hours and 793 halaqim. If we discard the four complete weeks from this figure, we have the “character” of 1 day, 12 hours, and 793 halaqim (1d, 12h, 793p). This is the amount of time that the molad proceeds through the week from month to month. Thus the molad advances monthly by 1d, 12h, 793p of a week. they think that they have discovered the principle of the calendar. They then examine the duration between the molad and the beginning of the night, and they tell the uncircumcised (Christians) when the moon will be visible.9 I do not know why the Christians, who use a solar calendar, need to know when the moon will be visible. Perhaps there is an error here in our texts and it should read “Arabs.” When they see that in their place the duration [between molad and sighting] is sometimes less that six hours,10 It sometimes happens that the molad is less than six hours before sunset yet the moon is visible that evening. they think that the time given for the molad applies to the location of each individual calculator. However, there are times when the moon is seen at the beginning of the night and sometimes there are seven or eight hours between the molad and dusk, and the moon is still not visible. Therefore, they think that the calculation of our calendar is incorrect. Heaven forbid! Rather they err, for they think they are wise. For a scholar cannot know when the moon will be visible until he does as I shall explain: He must know the moment of the molad. He should not assign to the night twelve hours. Rather he should begin to count from the beginning of the night until the moment of conjunction so many and so many hours.11 He should count night followed by day on a 24-hour clock and not begin a new count with dawn. He should know where conjunction will take place as to the minute of the degree of the zodiacal sign. He should see if the sun’s path is long or short, and how long the path of the moon is. He should then add or subtract until he knows the moment of true conjunction for Jerusalem. He should then calculate how far this conjunction is from the beginning of the night by hours and minutes. If he is west of Jerusalem he should add to those hours the hours of his distance in longitude, or subtract hours if he is east of Jerusalem. He should know the daily distance that the sun travels in hours and add it to the place of the sun at the moment of true conjunction. He should do similarly for the position of the new moon based on its orbit. Then he should record in a chart the degrees of the zodiacal signs in his land, and take those degrees that he will find relative to the position of the sun. He should similarly do this in degrees relative to the moon, and subtract the smaller from the larger. Then he will find the arc of the chord (between the sun and the moon). He should find the positions of the nodes,12 The nodes are the two points at which the moon crosses the ecliptic. They are called the “head” and the “tail” of the “dragon.” Berry (p. 48) explains: “The moon’s path on the celestial sphere is slightly inclined to the ecliptic, and may be regarded as a great circle cutting the ecliptic in two nodes, at an angle which Hipparchus was probably the first to fix definitely at about 5÷. Moreover, the moon’s path is always changing in such a way that, the inclination to the ecliptic remaining nearly constant, the nodes move slowly backwards from east to west along the ecliptic, performing a complete revolution in about 19 years.” so that he will know the latitude of the moon,13 There is a difference in the time of visibility of the moon if it is north of the ecliptic or if it is south of the ecliptic. in order to correct this arc. Then he should adjust the arc based on the correction of the sighting, both in longitude and in latitude. Then we will know the true arc of vision.14 This is the arc between the longitude of the sun and that of the moon. In order for the moon to be visible, an arc of vision of at least 12÷ is necessary. Then he will know when the moon will appear in each place for any desired month. One who knows these matters can understand the principle “If it is born before noon” (Rosh haShana 20b).15 The Talmud states: “If it [the moon] is born before noon, it will be seen before sunset; if it is not born after noon, it will not be seen before sunset.” In Sefer ha‘ibbur (p. 10b) Ibn Ezra explains this statement.
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Sefer HaChinukh
And from the fundamentals of this Torah that we said that God gave to His people through Moshe, His prophet, is to know that the Lord God in the Heavens that gave the Torah to Israel is the First Being - such that there is no beginning nor end to His being, may He be blessed - and that He made exist and created from His will and His power all that was created, ex nihilo. And [likewise] that He keeps in existence everything that He created the whole time that He wishes, but no longer - [not] even an instant. And that He is not prevented from doing anything. And [also from the fundamentals is] to believe that He is one without any conjunction; to believe that in a man fulfilling that which is written in [the Torah], his soul will merit great enjoyment forever; and to believe that God oversees the actions of people and knows all the details of their deeds and repays everyone according to his action. And also from the fundamentals of the Torah is to believe that the true explanation of the Torah is the traditional received explanation that is in our hands from the early Sages of Israel. And anyone who explains about it something that is the opposite of their intention is [expressing] a mistake and a completely void thing. As our Sages received the explanation of the Torah from our teacher, Moshe - peace be upon him - who received it from God, blessed be He, when he stood on the mountain forty days. And even though it was possible to learn [it] in less time than this due to the power of the Teacher, God wanted to hint to the learners that they learn it with deliberation. And this true explanation that we wrote is the explanation that is written in the Babylonian and Jerusalem Talmuds (Gemara), which [was] composed [by] our early Sages, who received it one generation after another from our teacher Moshe, peace be upon him. And the Babylonian is lengthier and more elucidated, and [so] we rely upon it more. And it is made up of six orders, and there are sixty tractates in it, according to the division of the contents. Their mnemonic is 'there are sixty queens.' And there are five hundred and twenty-two chapters. And the true explanation of the Torah is likewise elucidated from other books that some of our early Sages composed. And [these books] are called Sifra, Sifrei, Tosefta and Mekhilta. All of these are books that all of Israel believe and [they] rely upon the words of theirs which are there without a disagreement. And about those that there is a disagreement, they have already also explained the ruling that we should take from them. Everything is nicely elucidated without any doubt or confusion to those that understand. And anyone whose heart troubles him about these matters is not included in the holy (Jewish) people - since we would never agree about the truth from the simple understanding of the verses of the Torah without their explanations and their true tradition. As there are several verses in the Torah that appear to contradict one another. But the one who knows their explanation understands and sees that the ways of God are straight: Behold it is written in the Torah (Exodus 12:40), "And the inhabitation of the Children of Israel [which they dwelt in Egypt was four hundred and thirty years]." And [yet] we found that Kehat the son of Levi was from those that went down to Egypt; and if you count the days of his life and the years of the life of Amram, his son, and the eighty years of Moshe - as he was eighty in his standing in front of Pharaoh to speak to him to take out the Children of Israel from Egypt - they all only add up to three hundred and fifty years. However the explanation of this is that the tally of four hundred and thirty begins from the time that it was stated to Avraham, "that your seed will be a stranger" (Genesis 15:13). And the explanation of the verse is thus: "And the inhabitation of the Children of Israel which they dwelt in Egypt" and other lands - meaning that they began to be exiled - "was four hundred and thirty years." As from the time that it was stated to Avraham, "that your seed will be a stranger," did the distress begin for him - and [so] the beginning of the tally is from there. And do not let its stating, "the Children of Israel," be difficult for you - as behold they said in the Midrash (Bereshit Rabbah 63:3), "Avraham is called Israel, as it is stated, 'And the inhabitation of the Children of Israel.'" And that which it states, "the Children of Israel" is meaning to say the Children of Israel and Israel (referring to Avraham); but Scripture expressed it in this language since the distress began to the father with the proclamation of the exile of the children. And that which it is stated, "Egypt," is also not specific, but rather meaning to say in exile. And that which it expressed it all with the [word,] Egypt, is because the core of the exile was there; and everything goes according to the core, and it is always called by it. And so [too,] is it written in the Torah (Deuteronomy 10:22), "With seventy souls did your forefathers go down to Egypt." But when you count their enumeration, you find [only] sixty-nine souls. But rather the explanation (Bava Batra 123b) comes that Yocheved was born 'betwixt the walls' (of Egypt, though she was conceived before they arrived), and [so] was not counted in the enumeration. And likewise, one verse (Exodus 12:15) states, "Seven days shall you eat matsot" and one verse (Deuteronomy 16:8) states, "Six days." And many like this would not be elucidated without the traditional explanation that is in our hands, that was given to us from our teacher, Moshe.
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Sefer HaChinukh
The commandment to slaughter the Pesach sacrifice: To slaughter on the day of the fourteenth of Nissan in the late afternoon an unblemished one-year-old male lamb, or kid, in the Chosen House (Temple), and this is called the Pesach (Passover) sacrifice, as it is stated (Exodus 12:6), "The entire assembly of the congregation of Israel shall slaughter it in the afternoon." The content of this commandment is that all the people of Israel divide into assemblages, take from the market or from their houses an unblemished one-year-old male kid or lamb, and slaughter it in the courtyard of the Temple on the fourteenth day of Nissan in the afternoon. Afterwards in the evening, they eat it, [dividing it up] amongst themselves, after [eating their other] food; since its commandment is that it should be eaten while satiated (Pesachim 70a).
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Gray Matter III
The Torah (Shemot 12:16) permits hav’arah (kindling a fire) on Yom Tov, but Chazal (see Bei’ur Halachah 502:1 s.v. Ein) forbade creating a new flame. Hence, when we light any fire on Yom Tov, we light it from a preexisting flame. Even on a Torah level, however, it is forbidden to burn incense on Yom Tov (Beitzah 22b and Shulchan Aruch O.C. 511:4), because Halachah does not permit any melachah (creative activity) that is not shaveh l’chol nefesh (customarily enjoyed by all). Burning incense is regarded as an exotic luxury and therefore is not a permissible form of hav’arah on Yom Tov.
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Sefer HaChinukh
The commandment of eating the meat of the Pesach sacrifice: To eat the meat of the Pesach sacrifice on the fifteenth night of Nissan, according to the specifications of the verse, as it is stated (Exodus 12:8), "And they shall eat the meat on this night."
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The Sabbath Epistle
We find the solar cycle of Shmuel32 A scholar of the Talmud (’amora) who lived around 300 C.E. in Neharde‘a, Babylonia. Shmuel was well acquainted with astronomy and declared “The paths of the heavens are as clear to me as the paths of Neharde‘a” (Berachot 58b). to be exactly 365¼ days, not more nor less.33 Shmuel said that each of the four seasons is 91 days and 7.5 hours (‘eruvin 56a). Thus a solar year consists of 365 days and 6 hours. In his days that was close to the truth,34 Although Shmuel’s solar cycle is excessive, relative to the currently accepted value of a solar year, by about one day every 128 years (see Appendix A), however, Shmuel also set the first (virtual) vernal equinox at the time of Creation about seven days before the accepted date. Hence, at the time of Shmuel the discrepancy in his approximation of the vernal equinox (and hence of the solar calendar) and the actual vernal equinox was not great. To see this we calculate (see Appendix A): Shmuel lived around the year 4010 Anno Mundo (A.M.) (250 C.E.), the first year of the 212th mahzor. Multiplying the character of a mahzor by 211 (the number of past mahzorim), we obtain 211 ׳ (1 hour, 485 halaqim) = 12 days, 17 hours, and 815 halaqim. Subtracting the starting interval of 7 days, 9 hours, and 642 halaqim, we have the span between molad Nisan and the vernal equinox for the year 4010 of approximately 5 days. So according to Shmuel, the vernal equinox took place about the fifth of Nisan, which corresponds with March 25, 250 in the Gregorian calendar. This is quite close to the true vernal equinox (March 21). and he cited a figure appropriate for his students. He did a similar thing in a Bereita,35 See Bereita of Shmuel, ch. 5 (p. 29). Apparently Ibn Ezra is of the opinion that the author of Bereita of Shmuel was the ’amora Shmuel, the same scholar quoted in the Talmud regarding the seasons. where, in calculating the mean lunar month, he did not include the 73 halaqim36 One heleq (part) is 1⁄1080 of an hour. We have the following conversions: 1 hour (h) = 1080 halaqim (p), 1 minute (m) = 18p, 1 second (s) = 0.3p. Also 1 heleq is 3 and ⅓ seconds. which are in addition to ⅔ of an hour.37 According to the Talmud, a mean lunar month consists of 29 days, 12 hours, 40 minutes, and 73 halaqim (Rosh haShana 25a). In the Bereita of Shmuel the 73 halaqim are omitted. It is also written that there are two cycles, the cycle of Rav Adda38 Rav Adda bar Ahava, a third-century Babylonian ’amora. He composed a treatise on the calendar titled Bereita deRav Adda. in private and the cycle of Shmuel in public. The reason that Rav Adda’s figure was in private was because of prognostications, lest their scholars know the true cycle.39 If unscrupulous astrologers would know the true solar cycle, they might use the information for nefarious purposes. (See Sefer ha‘ibbur, p. 6b.)
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Sefer HaChinukh
To not eat the Pesach sacrifice uncooked or boiled: To not eat from the meat of the Pesach sacrifice uncooked or boiled, but rather roasted with fire, as it is stated (Exodus 12:9), "Do not eat any of it raw (na), or surely boiled with water, but only roasted with fire." The content of this is not to eat it before it is completely cooked, even if roasted. And this is the explanation of na (Pesachim 41a) - as the meat that the process of heating has begun upon and is roasted a bit but is not [yet] fit for a person to eat is still called na. But when it is completely raw - whereby the heating process has not begun upon it at all - it is not included in the prohibition of na; such as to administer lashes, because of "Do not eat any of it na." But [it] is [still] prohibited by the Torah, as the Torah prohibited more generally anything that is not roasted with fire. And the explanation of "boiled" (literally, cooked) is that it is boiled in water or in any liquid or fruit juice; as it is stated, "surely boiled" - [to] include all [of these].
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The Sabbath Epistle
I also found explicit with regard to the first of the holidays (Passover), which God gave to Israel prior to instructing them about the Sabbath, “on the fourteenth day of the month at evening you should eat unleavened bread, until the twenty first day of the month at evening” (Exodus 12:18), a total of “seven days” (ibid. 12:19). Thus the evening of the fifteenth is the first day. It is also written “[neither shall any of the flesh] from which you offered in the evening of the first day [be left over] until the morning” (Deuteronomy 16:4). Also, it is known that the firstborn were smitten at midnight (Exodus 12:29), yet it is written “on the day that I smote all firstborn” (Numbers 3:13, 8:17).4 The verse informs us that God sanctified all Jewish first born on the day that the Egyptian first born were slain. It seems likely that this took place on the first day of Passover. Also in Scripture “this day is a day of tidings…if we wait until the morning light” (2 Kings 7:9).
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The Sabbath Epistle
I also found explicit with regard to the first of the holidays (Passover), which God gave to Israel prior to instructing them about the Sabbath, “on the fourteenth day of the month at evening you should eat unleavened bread, until the twenty first day of the month at evening” (Exodus 12:18), a total of “seven days” (ibid. 12:19). Thus the evening of the fifteenth is the first day. It is also written “[neither shall any of the flesh] from which you offered in the evening of the first day [be left over] until the morning” (Deuteronomy 16:4). Also, it is known that the firstborn were smitten at midnight (Exodus 12:29), yet it is written “on the day that I smote all firstborn” (Numbers 3:13, 8:17).4 The verse informs us that God sanctified all Jewish first born on the day that the Egyptian first born were slain. It seems likely that this took place on the first day of Passover. Also in Scripture “this day is a day of tidings…if we wait until the morning light” (2 Kings 7:9).
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The Sabbath Epistle
Today Shmuel’s cycle is not correct.40 In the year 4919, the year that Ibn Ezra wrote The Sabbath Epistle, the vernal equinox according to Shmuel should have been April 1, about ten days later than the true vernal equinox (see Appendix A, Table 7). Thus, referring to the vernal equinox for the year 4918, Ibn Ezra writes: “Even the simplest of simpletons can see that the day and night were equal close to eleven days ago” (Ha‘ibbur, p. 8b). The daily shadow in each place is positive proof for the scholar.41 Thus for example, at the time of the winter solstice it is easily observed that the true solstice does not coincide with Shmuel’s calculation. A sundial would be useful for these observations. Also it is written “If you see that the winter season extends until the sixteenth of Nisan, do not hesitate to intercalate that year” (Rosh haShana 21a). Now, according to Shmuel’s calculation, last year (4918) spring began on the 25th of Nisan.42 See Appendix A, Table 7. So we transgressed the words of our Sages. Heaven forbid! We certainly observed the holiday in its correct time. Thus the cycle of Rav Adda is more exact than that of Shmuel, for the beginning of spring will not go beyond the given date (16 days in Nisan).43 See Appendix B, Table 5. In Sefer ha‘ibbur (p. 3b), Ibn Ezra sets Rav Adda’s figure for a tropical year as 365 days, 5 hours, 997 halaqim, and 48 rega‘im (secondary parts, s), where 76 rega‘im constitute one heleq. This is equivalent to 365 days, 5 hours, 55 minutes, and 25 + 25⁄57 seconds, approximately 365.2468 days. This value is obtained by equating 19 tropical years to 235 mean lunar months. 235 months calculates to 6939d, 16h, 595p. Dividing by 19, we arrive at Rav Adda’s figure. (See Appendix B.) This same figure is given by Maimonides in Mishne Torah, Laws of Sanctification of the New Moon 10:1. Note that earlier Ibn Ezra set a tropical year at approximately 365.2423 days (see note 13). Summarizing, we have the following opinions for the length of a tropical year: Shmuel: 365.25 days (exact), Rav Adda: 365.2468 days (rounded off), Ibn Ezra: 365.2423 days (rounded off), Current value: 365.2422 days (rounded off). Thus Shmuel’s cycle differs from the currently accepted approximate value by 0.78 day per century, or about ¾ of a day per century. Rav Adda’s figure differs from the currently accepted approximate value by about 0.46 day per century, or about ½ day per century. So it is difficult to understand why Ibn Ezra is so critical of Shmuel’s cycle and not that of Rav Adda. At the time of Ibn Ezra (4919), Rav Adda’s cycle had fallen behind by over 22 days; Shmuel’s cycle had fallen behind by over 38 days. Note that Ibn Ezra’s figure differs from the currently accepted figure by less that ½ day over the 49 centuries since Creation. Also, looking at Table 6 of Appendix B, we see that Rav Adda’s date for the vernal equinox differs from the true current vernal equinox by about seven days.
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The Sabbath Epistle
I also found explicit with regard to the first of the holidays (Passover), which God gave to Israel prior to instructing them about the Sabbath, “on the fourteenth day of the month at evening you should eat unleavened bread, until the twenty first day of the month at evening” (Exodus 12:18), a total of “seven days” (ibid. 12:19). Thus the evening of the fifteenth is the first day. It is also written “[neither shall any of the flesh] from which you offered in the evening of the first day [be left over] until the morning” (Deuteronomy 16:4). Also, it is known that the firstborn were smitten at midnight (Exodus 12:29), yet it is written “on the day that I smote all firstborn” (Numbers 3:13, 8:17).4 The verse informs us that God sanctified all Jewish first born on the day that the Egyptian first born were slain. It seems likely that this took place on the first day of Passover. Also in Scripture “this day is a day of tidings…if we wait until the morning light” (2 Kings 7:9).
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The Sabbath Epistle
I also found explicit with regard to the first of the holidays (Passover), which God gave to Israel prior to instructing them about the Sabbath, “on the fourteenth day of the month at evening you should eat unleavened bread, until the twenty first day of the month at evening” (Exodus 12:18), a total of “seven days” (ibid. 12:19). Thus the evening of the fifteenth is the first day. It is also written “[neither shall any of the flesh] from which you offered in the evening of the first day [be left over] until the morning” (Deuteronomy 16:4). Also, it is known that the firstborn were smitten at midnight (Exodus 12:29), yet it is written “on the day that I smote all firstborn” (Numbers 3:13, 8:17).4 The verse informs us that God sanctified all Jewish first born on the day that the Egyptian first born were slain. It seems likely that this took place on the first day of Passover. Also in Scripture “this day is a day of tidings…if we wait until the morning light” (2 Kings 7:9).
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Sefer HaChinukh
To not leave from the meat of the Pesach sacrifice: To not leave any of the meat of the Pesach sacrifice to the next day (overnight), which is the fifteenth of Nissan, as it is stated (Exodus 12:10), "You shall not leave any of it over until morning."
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Sefer HaChinukh
And [it] is practiced by males and females at the time of the [Temple]. And one who transgresses it and leaves [it] over violates a negative commandment. And we do not give lashes for this negative commandment, since it is rectifiable by a positive commandment (Mishneh Torah, Laws of Paschal Offering 10:11) - as it is stated (Exodus 12:10), "and that which remains until the morning, you shall burn with fire." And it is a law that we do not give lashes for [the transgression of] a negative commandment that is rectifiable by a positive commandment.
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Contemporary Halakhic Problems, Vol IV
One such event occurred in Jerusalem in 5608 (1848) on a Tuesday, the 23rd of Adar II, 5608. A certain gentile, a Moroccan émigré, underwent circumcision for purposes of conversion in the presence of the Ashkenazic Bet Din of Jerusalem. The incision did not heal as quickly as might have been anticipated and, as a result, the prospective convert was unable to complete the conversion process by immersing himself in a mikveh prior to the ensuing Shabbat. The gentleman in question was meticulously observant of all aspects of Jewish law and, indeed, had been observant for some time prior to commencement of the conversion proceedings. It is reported that despite the absence of any doubt that, on Shabbat, a non-Jew may attend to the needs of a Jew who is ill, the would-be convert refused to permit a gentile to kindle a fire in his home on that Shabbat.2It seems to this writer that even a Jew might properly have directed a gentile to perform such services on behalf of this individual despite the fact that, in actuality, his status was that of a non-Jew. The prohibition against allowing a non-Jew to perform forbidden acts on Shabbat is limited to acts performed on behalf of a Jew. Accordingly, a gentile may be requested to perform such acts on behalf of himself or on behalf of a fellow gentile provided that the acts are performed with materials that do not belong to a Jew. See Ramban, Commentary on the Bible, Exodus 12:16, as well as Shulḥan Arukh and Rema, Oraḥ Ḥayyim 307:21. Accordingly, a Jew might have requested a gentile to perform such services on behalf of the would-be convert even if he were to have been perfectly healthy.
R. Abraham Menachem Steinberg, Teshuvot Maḥazeh Avraham, I, no. 54, tentatively permits a Jew to direct a non-Jew to minister to the needs of a dangerously ill circumcised but unimmersed convert on the ground that the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” may be relied upon in vitiation of a rabbinic prohibition. [See, however, R. Meir Arak, Teshuvot Imrei Yosher, II, no. 130, who states, albeit somewhat equivocally, that the principle is normative in all cases of otherwise certain loss of life and serves to permit violation even of biblical prohibitions. Cf., however, Teshuvot Ḥelkat Yo’av, II, no. 8. See also R. Eliezer Waldenberg, Ẓiẓ Eli‘ezer, X, no. 25, chap. 2, and R. Mordecai ha-Kohen Deutsch, Birkat Kohen (Jerusalem, 5749), no. 20.] In light of the rule that a gentile may be directed to perform proscribed acts on behalf of another gentile, appeal to the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” seems to be entirely superfluous.
R. Abraham Menachem Steinberg, Teshuvot Maḥazeh Avraham, I, no. 54, tentatively permits a Jew to direct a non-Jew to minister to the needs of a dangerously ill circumcised but unimmersed convert on the ground that the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” may be relied upon in vitiation of a rabbinic prohibition. [See, however, R. Meir Arak, Teshuvot Imrei Yosher, II, no. 130, who states, albeit somewhat equivocally, that the principle is normative in all cases of otherwise certain loss of life and serves to permit violation even of biblical prohibitions. Cf., however, Teshuvot Ḥelkat Yo’av, II, no. 8. See also R. Eliezer Waldenberg, Ẓiẓ Eli‘ezer, X, no. 25, chap. 2, and R. Mordecai ha-Kohen Deutsch, Birkat Kohen (Jerusalem, 5749), no. 20.] In light of the rule that a gentile may be directed to perform proscribed acts on behalf of another gentile, appeal to the principle “Better to desecrate a single Sabbath in order to observe many Sabbaths” seems to be entirely superfluous.
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Sefer HaChinukh
The commandment of disposing of chamets: To remove all leavened bread from our dwellings on the fourteenth day of Nissan, as it is stated (Exodus 12:15), "but on the first day, you shall dispose of leaven from your homes" - and the understanding of "first" is before Pesach.
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Sefer HaChinukh
And this commandment is practiced in every place and at all times by males and females. And one who transgresses it and does not dispose of [his chamets], has violated the commandment of 'you shall dispose of it.' And if there is chamets in his dwellings, he also transgresses a negative commandment - as it stated (Exodus 12:19), "leaven is not to be found in your homes." But we do not administer lashes for this negative commandment, if he has not done an act - as it is the law that we do not administer lashes for a negative commandment that does not have an act [involved] with it.
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Sefer HaMitzvot
The second type is when one negative commandment comes to forbid several matters that are connected to one another - and that is that He says, "Do not do such and such." And this type is divided into two divisions. For included in it is that about which they said in the Talmud, that he is liable for lashes on each and every one of the connected matters. But [also] included in it is that about which they said that he is only liable once, since it is a general negative commandment. And those negative commandments about which they explained that one is liable for each and every one of them - they are the ones that we count each and every one as a separate commandment; whereas that about which they explained that one is only liable once for all of them is counted as a single commandment. This is according to that which we established in this principle - that under no circumstances is one given two [sets of] lashes for one negative commandment . So when, in the explanation, they made one liable for each and every connected matter - to give lashes for each and every one of them when they were all done at once, to give several [sets of] lashes - we perforce know that they are several categories; and that each one should be counted separately. And I will mention several examples from both divisions until the intended matter becomes totally clear. And that is His, may He be blessed, saying, about the lamb of the Pesach sacrifice, "Do not eat any of it raw or boiled in any way with water" (Exodus 12:9) - a negative commandment, which we count as one commandment. And we don't count, do not eat it raw, as one commandment; and do not eat it boiled, as another commandment. For He did not specify a separate negative commandment for each matter, to say "Do not eat any of it raw; and not boiled in any way" - but rather one negative commandment came to include both matters; and the one matter was appended to the other. And in the second chapter of Pesachim (Pesachim 41b), they said, "Abbaye said, 'If he ate it raw, he is given two [sets of] lashes; raw and boiled, he is given three." And that is because he holds that we give [distinct sets of] lashes for general negative commandments. So when he ate it raw, he transgressed two negative commandments: One of them is, "Do not eat any of it raw"; and the second [set of] lashes is from the general principle - as He is saying, do not eat it when it is not roasted, and he has already eaten it when it is not roasted. And according to his opinion, when he eats it raw and boiled, he gets three [sets of lashes] - one because he ate it raw; the second because he ate it boiled; and the third because he ate it when it was not roasted. And over there, they said about this statement, "But Rava said, 'One does not receive lashes for a general negative commandment.' Some say, at any rate, one [set of] lashes he does receive. And some say he does not receive even one [set of] lashes, as the negative commandment he transgressed is not specific to it, as is the negative commandment against muzzling." That means to say, like that which He, may be exalted, said (Deuteronomy 25:4), "You shall not muzzle an ox while it is threshing" - which is one negative commandment that prohibits one matter. However for this negative commandment, which prohibits two things - raw and boiled - we do not give lashes. And you already know that it was clarified in the Gemara (Sanhedrin 63a), that we do not give lashes for a general negative commandment. And hence the statement of Abbaye is rejected; and the truth is that he is given one [set of] lashes: Whether he ate any of it raw and boiled, [just] raw or [just] boiled, he is only given one [set of] lashes. And so we shall count His, may He be exalted, saying, "Do not eat any of it raw or boiled," as one commandment. And there, it is also stated, "Abbaye said, '[If a nazirite] ate a grape skin, he receives two [sets of lashes]; a grape pit, he receives two; a grape skin and a grape pit, he receives three. But Rava said, 'One does not receive lashes for a general negative commandment'" - meaning to say, "from anything that is obtained from the grapevine" (Numbers 6:4), for which Abbaye thinks we give lashes. And they also said in the fifth chapter of Menachot (Menachot 58b), "One who offers leaven and honey on the altar - Abbaye says, 'He receives lashes on account of leaven; he receives lashes on account of honey; he receives lashes on account of a mixture of leaven; and he receives lashes on account of a mixture of honey'" - meaning to say that His saying (Leviticus 2:11), "any," is including two things: That he not offer it by itself; and that he not offer a mixture of it, whatever the quantity [of what is mixed with it] may be. And this is all according to the principle of his approach - as he holds that we give [distinct sets of] lashes for general negative commandments. And it is stated there, "But Rava said, 'One does not receive lashes for a general negative commandment.' Some say, at any rate, one [set of] lashes he does receive. And some say he does not receive even one set of lashes, as the negative commandment he transgressed is not specific to it, as is the negative commandment against muzzling."
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Mishneh Torah, Leavened and Unleavened Bread
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.
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Mishneh Torah, Leavened and Unleavened Bread
"And the Lord took us out of Egypt" - not through an angel and not through a seraph and not through a messenger, but [directly by] the Holy One, blessed be He, in His glory, as it is stated (Exodus 12:12); "And I will pass through the Land of Egypt on that night and I will smite every firstborn in the Land of Egypt, from men to animals; and with all the gods of Egypt, I will make judgments, I am the Lord."
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Mishneh Torah, Leavened and Unleavened Bread
The Passover sacrifice that our ancestors were accustomed to eating when the Temple existed, for the sake of what [was it]? For the sake [to commemorate] that the Holy One, blessed be He, passed over the homes of our ancestors in Egypt, as it is stated (Exodus 12:27); "And you shall say: 'It is the Passover sacrifice to the Lord, for that He passed over the homes of the Children of Israel in Egypt, when He smote the Egyptians, and our homes he saved.’ And the people bowed the head and bowed."
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Mishneh Torah, Leavened and Unleavened Bread
This matsa that we are eating, for the sake of what [is it]? For the sake [to commemorate] that our ancestors' dough did not have time to become leavened before the King of the kings of kings, the Holy One, blessed be He, revealed [Himself] to them and redeemed them, as it is stated (Exodus 12:39); "And they baked the dough which they brought out of Egypt into matsa cakes, since it did not rise; because they were expelled from Egypt, and could not tarry, neither had they made for themselves provisions."
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The Sabbath Epistle
Also, Shmuel’s figure contradicts the fixed calendar. For according to his calculation there remains in each mahzor (nineteen year cycle) one hour and 485 halaqim.45 In 19 solar year, Shmuel’s figure gives us 19 ׳ (365d, 6h) = 6939d, 18h. Also, in one mahzor, the Hebrew calendar (‘ibbur) contains 12 “ordinary” years of 12 lunations and 7 “embolismic” years of 13 lunations, a total of 235 lunations. Each lunation is 29d, 12h, 793p. Thus 235 lunations is 6939d, 16h, 595p. So the difference between Shmuel’s cycle and the calendar is 1 hour and 485 halaqim per mahzor, approximately 0.0604 day per mahzor. This comes to about 0.0032 day per year, or 0.32 day per century. This is the difference between Shmuel’s cycle and that of Rav Adda. However, by right not even one heleq should remain, for then you will not have a complete mahzor. In addition, all scientists agree that 19 solar years is equal to 235 lunar months.46 Based on current approximations, 19 tropical years do not equal exactly 235 lunar months. 19 tropical years totals 19 ׳ 365.2422 = 6939.6018 days. 235 lunar months is 235 ׳ (29d, 12h, 793p) = 6939.6896 days, a difference of 0.0878 day per mahzor. Over a century this would amount to a difference of almost one half day. That is the reason for having seven embolismic years. But today, as a result of the excess, there has accumulated approximately one-half month.47 In the year 4919, 258 mahzorim and an additional 16 years had passed since Creation. Each mahzor has an excess of 1h, 485p. Thus 258 mahzorim would give an excess of 258 ׳ (1h, 485p) = 15d, 13h, 930p, or approximately ½ month. Perhaps those who love Shmuel’s cycle will tell us what we should do with them.
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Sefer HaChinukh
The commandment of eating matsah: To eat matsah-bread that is made from a species of grain on the night of the fifteenth of Nissan (Pesachim 35a), as it is stated (Exodus 12:18), "in the evening, you shall eat matsot." And the understanding [of "evening"] is the night of the fifteenth of Nissan - whether it be at a time when the Pesach sacrifice is present or whether it be at a time that it is not present.
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Sefer HaChinukh
That chamets not be found in our possession on Pesach: That chamets not be found in our possession on all the days of Pesach, as it is stated (Exodus 12:19), "Seven days shall leaven not be found in all of your homes." And our Sages, may their memory be blessed, elucidated (Pesachim 5b) that it is not specifically one's home, but rather anything that is in his possession; and not specifically leaven which makes rise, but the same is true of [any grain product] that has risen - as leaven and leavened grain products are one [and the same] concerning the matter of its prohibition (Beitzah 7b).
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Sefer HaChinukh
It is from the roots of the commandment [that it is] so that we should always remember the miracles that were done for us in the exodus from Egypt, as is written with the lamb of the Pesach sacrifice (Sefer HaChinukh 5). And we should remember that which occurred to us with this matter - that as a result of the haste of the exodus, we baked the dough [into] matsah. As they could not wait until it rose, as it is written (Exodus 12:39), "And they baked the dough, etc."
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Sefer HaChinukh
To not eat from anything that has chamets in it: To not eat from things that have chamets in them, even though the main part is not a chamets product - for example, Babylonian kutach (a type of bread pudding) and similar to it. As it is stated (Exodus 12:20), "All that is leavened shall you not eat" - and they, may their memory be blessed, explained (Pesachim 43a) that the subject of the verse instructs about this; as so did they receive the understanding about it. And the opinion of Rambam (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 198), may his memory be blessed, is that if there is in these foods a kazayit (the size of a large olive) of chamets [that is eaten] in the time it takes to eat a peras (a half-loaf of bread), it is forbidden by the Torah as a negative commandment - meaning to say for lashes, but not for excision, since it is mixed with a majority [of non-chamets products]. But if there is not in them a kazayit of chamets [that is eaten] in the time it takes to eat a peras, there are no [formal] lashes, but rather [just] lashes of rebellion - as it is only prohibited rabbinically. And so is it written in his great essay (Mishneh Torah, Laws of Leavened and Unleavened Bread 1:6). And if so - according to his opinion - this prohibition of "All that is leavened" comes when a kazayit of chamets [that is eaten] in the time it takes to eat a peras, is mixed in. [This is such] that there should be a negative commandment - meaning to say [for] lashes, not excision. And Ramban, may his memory be blessed, wrote the opposite of this (on Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 198) and said that this negative commandment is not considered [a separate commandment] among the negative commandments, but rather is one of the many negative commandments [included in the prohibition] of leaven and chamets. And this prohibition (of "All that is leavened") is coming to teach about that which the Sages, may their memory be blessed, said in the Gemara (Pesachim 28b), "I only have if it became leavened on its own. From where [do I know] if it became leavened due to another substance? [Hence] we learn to teach, 'All that is leavened.'" But concerning chamets that is mixed, anytime there is a kazayit of chamets [that is eaten] in the time it takes to eat a peras, there is no need for a separate negative commandment about it - as behold, it is as if it is intact, and it [comes with] excision. And if there is not a kazayit of chamets [that is eaten] in the time it takes to eat a peras, one who eats it is exempt [from the prohibition], but [still doing something] forbidden. As the law is like the words of the sages (Pesachim 43a) that said [that] on complete leavened grain products, one is punished with excision. And anything that is a kazayit of chamets [that is eaten] in the time it takes to eat a peras is called a complete leavened grain product. And about its mixture - meaning less than a kazayit of chamets [that is eaten] in the time it takes to eat a peras - [there] is no [prohibition]. And [the law] is not like Rabbi Eliezer who disagrees with them in the Gemara and said that its mixture is a negative commandment.
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Sefer HaChinukh
That we not feed of the Pesach sacrifice to an apostate Jew: That we not feed of (allow to eat from) the Pesach sacrifice to a Jew that is a habitual sinner of idolatry, as it is stated (Exodus 12:43), "no foreigner shall eat of it." And the understanding (Mekhilta DeRabbi Shimon Bar Yochai 12:43) comes upon it that [this 'foreigner'] is a Jew whose actions have become foreign to his Father in Heaven. And so did Onkelos translate.
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Sefer HaChinukh
That we not feed of the Pesach sacrifice to a stranger or a resident: To not give (allow) to eat from the meat of the Pesach sacrifice to a stranger or resident, as it is stated (Exodus 12:45), "The resident or wage-worker shall not eat it." And a "resident" is a man from the [other] nations who takes upon himself not to worship idolatry, but eats carcasses. And a "hired laborer" is a convert who has circumcised himself but not immersed [in a mikveh] - as so did our Sages, may their memory be blessed, explain (Yevamot 71a).
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Sefer HaChinukh
Not to take out from the meat of the Pesach offering outside: Not to take from the meat of the Pesach offering out of the place of the assemblage (Pesachim 85b), as it is stated (Exodus 12:46), "you shall not take any of the meat outside the house."
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Sefer HaChinukh
To not break a bone from the Pesach sacrifice: To not break any from all of the bones of the Pesach sacrifice, as it is stated (Exodus 12:46), "and a bone of it, you shall not break."
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Sefer HaChinukh
That an uncircumcised man not eat from the Pesach sacrifice: That the uncircumcised man not eat from the Pesach sacrifice, as it is stated (Exodus 12:48), "and no uncircumcised man shall eat from it." And that is the uncircumcised man whose brothers have died because of circucision, and it is not necessary to say [also] the sinner (the apostate) regarding being uncircumcised. And it is "from it" that he shall not eat, but he shall eat from the matsah and the marror. And so [too], the [gentile] resident and wage-worker.
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The Sabbath Epistle
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.
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The Sabbath Epistle
The beginning of Israel’s year is determined by the court, as it is written regarding Hezekiah “And the king consulted” (2 Chronicles 30:2). He intercalated the year on advice of the court, and the Passover that he conducted was in the first month (Nisan). There are clear proofs that the revered God accepted his decision. However, he made one small error, namely, he did not intercalate the year on the day before the first month. This is the meaning of “He intercalated Nisan in Nisan, to which the Rabbis did not concur” (Mishna, Pesahim 4:9).
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The Sabbath Epistle
When the new moon comes again at the time of ripening in the Land of Israel, then one year is complete, whether the year is twelve months or thirteen. For this reason, in Hebrew they did not refer to the month of ripening as Nisan, rather “first.”80 The first month in the Hebrew calendar might not always coincide with the Babylonian month of Nisan. The same is true for all the months. Therefore, other than in books of the exilic period, you will not find in the twenty-four books (the Hebrew Bible)81 The canon for the Hebrew Bible contains 24 books: Pentateuch (5), Early Prophets (4), Later Prophets (4), Psalms, Proverbs, Job, Daniel, Ezra-Nehemia, Megilot (5), and Chronicles. names for the months as they are known today, of which the first is Nisan.82 The names used for the months of the Hebrew calendar – Nisan, Iyar, etc. – for approximately the last two and a half millennia are Babylonian in origin. These names were adopted by the Jews after the destruction of the first Temple. Until that time the months were not given names and were referred to numerically – first month, second month, etc. So the year for Israel does not begin with the equinox, rather with the day of the new moon. Once we know that this month is the first, we observe the holidays in the seventh month from it. Thus, if Passover was in the days when the barley ripens, then Pentacost will be at the time of cutting and Tabernacles at the time of gathering.
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The Sabbath Epistle
We also find written83 Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.84 Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),85 The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).86 We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,87 Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).
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The Sabbath Epistle
Similarly,97 Now Ibn Ezra brings other examples from Scripture where a phrase does not refer to what is adjacent to it in the verse but rather to a part of the verse that is some distance away. “from the first day until the seventh day” (Exodus 12:15)98 The verse reads: “Seven days you shall eat unleavened bread, but on the first day you shall remove leaven from your homes, for whoever eats leavened bread will be cut off from Israel, from the first day until the seventh day.” Reading this verse literally, it gives the impression that one who eats leavened bread will be cut off from Israel for only seven days, from the first day of Passover until the seventh day. This is not a correct reading. is not connected to the adjacent phrase, rather to “whoever eats leavened bread etc.” (ibid.) which is some distance away.99 The verse is to be understood as: “whoever eats leavened bread from the first day to the seventh day will be cut off from Israel.” Similarly, “and Israel saw Egypt dead upon the bank of the sea” (ibid. 14:30) is to be understood as “and Israel saw, while standing upon the bank of the sea, Egypt dead.” For “they went down like a stone into the depths” (ibid. 15:5), and “the earth swallowed them” (ibid. 15:12).100 Therefore, verse 14:30 cannot mean that Israel saw Egypt’s dead upon the bank of the sea, since the Egyptian bodies sank and were not thrown upon the bank. Similarly, “to fall before you in siege” (Deuteronomy 20:19) is connected with “you may not cut it down” (ibid.).101 The verse is to be understood as: “you may not cut down the tree so that the city should fall before you in siege, for man is dependant on the tree of the field.” There are many similar verses.
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The Sabbath Epistle
Similarly,97 Now Ibn Ezra brings other examples from Scripture where a phrase does not refer to what is adjacent to it in the verse but rather to a part of the verse that is some distance away. “from the first day until the seventh day” (Exodus 12:15)98 The verse reads: “Seven days you shall eat unleavened bread, but on the first day you shall remove leaven from your homes, for whoever eats leavened bread will be cut off from Israel, from the first day until the seventh day.” Reading this verse literally, it gives the impression that one who eats leavened bread will be cut off from Israel for only seven days, from the first day of Passover until the seventh day. This is not a correct reading. is not connected to the adjacent phrase, rather to “whoever eats leavened bread etc.” (ibid.) which is some distance away.99 The verse is to be understood as: “whoever eats leavened bread from the first day to the seventh day will be cut off from Israel.” Similarly, “and Israel saw Egypt dead upon the bank of the sea” (ibid. 14:30) is to be understood as “and Israel saw, while standing upon the bank of the sea, Egypt dead.” For “they went down like a stone into the depths” (ibid. 15:5), and “the earth swallowed them” (ibid. 15:12).100 Therefore, verse 14:30 cannot mean that Israel saw Egypt’s dead upon the bank of the sea, since the Egyptian bodies sank and were not thrown upon the bank. Similarly, “to fall before you in siege” (Deuteronomy 20:19) is connected with “you may not cut it down” (ibid.).101 The verse is to be understood as: “you may not cut down the tree so that the city should fall before you in siege, for man is dependant on the tree of the field.” There are many similar verses.
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The Sabbath Epistle
Be aware that the moon does not generate a year, for it traverses the zodiac in twenty seven and one-third days.104 This is called a “tropical month,” and is defined as the mean time it takes for the moon to travel from one equinoctial point, all the way around the zodiac, and return to the same point. In his Sefer haLuhot (quoted by Rabbi Yosef Tov ‘elem, Tzafnot Pa‘neah, vol. 1, p. 13), Ibn Ezra records a more exact figure for a tropical month: 27 days, 7 hours, and 775 halaqim; or 27 days, 7 hours, 43 minutes, and 3 and ⅓ seconds, approximately 27.3216 days. The current approximation for a tropical month is 27 days, 7 hours, 43 minutes, and 5 seconds, also approximately 27.3216 days. This is less than the mean time between new moons or full moons (called a “synodic month”), since the sun advances easterly along the ecliptic in the course of a month, and it takes time for the moon to catch up with the sun. See Ibn Ezra’s commentary to Exodus 12:2. However, since twelve lunar months are approximately a full solar year, we call a twelve month period a “lunar year.”105 An ordinary lunar year consists of twelve synodic months, totaling 12 ׳ (29d, 12h, 793p) = 354d, 8h, 876p, approximately 354.3671 days. According to Shmuel, a solar year is 365d, 6h, thus a solar year has an excess of 10d, 21h, 204p, approximately 10.8829 days, over an ordinary lunar year. According to Rav Adda, a solar year is 365d, 5h, 997p, 48s (see note 43), hence a solar year has an excess over a lunar year of 10d, 21h, 121p, 48s, approximately 10.8797 days. The Arabs count by such lunar years, therefore their holidays occur sometimes in the summer and sometimes in the autumn. However, Israel’s years will equal exactly the true solar years every nineteen years.106 The Hebrew calendar is a “lunisolar calendar,” being basically lunar but incorporating adjustments (leap years and adjustable months) to accommodate the solar year. Only Israel’s calculation is correct.107 “Of all methods of intercalation which exist today, the Jewish calculation is the oldest, the most skillful, and the most elegant” (Joseph Justus Scaliger, De Emendatione Temporum, 1593; quoted by Reingold and Dershowitz, p. 96).
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Sheiltot d'Rav Achai Gaon
As it is required for the house of Israel to read from the scrolls, and to teach in the Torah, and to conclude with the prophets, on each day according to its subject matter — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot, as it is written "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44), and it is commanded to read every matter at its time and extrapolate on the subject of the day, as taught, "Rabbi Shimon ben Elazar says:1In our manuscripts, it says "The Rabbis taught" here. Moses ordained for Israel that they would investigate and extrapolate on the matter of the day — laws of Pesaḥ on Pesaḥ, laws of Shavuot on Shavuot, laws of Sukkot on Sukkot" (Megillah 32a:17). On Ḥanukkah we read the princes (Numbers 7). On Purim we read "And Amalek came" (Exodus 17:8—16). When Rosh Ḥodesh Adar falls on Shabbat we read the portion of the sheqalim (Exodus 30:11—16). "And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Adar falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for the new moon, and one from Ki Tissa. And Rabbi Yitzḥaq Nappaḥa said: when Rosh Ḥodesh Tevet falls on Shabbat, bring three Torah scrolls, and read one for the matter of the day, and one for Rosh Ḥodesh, and one for Ḥanukkah" (Megillah 29b:22). On Ḥanukkah and on Purim three people read, on Rosh Ḥodesh and on Ḥol ha-Moed four people read — since there is Musaf, we add [mosifin] a person. When Rosh Ḥodesh Adar falls on Shabbat, we read the portion of the sheqalim (Exodus 30:11—16). When it falls on another day of the week, we advance the reading of the portion of the sheqalim, and interrupt the special readings. On the second2 Shabbat of the month we read 'Remember' (Deuteronomy 25:17—17). On the third, the red heifer (Numbers 19:1—22). On the fourth, 'This month' (Exodus 12:1—20). If it falls on the sixth, then 'This month' is on the fifth. After that they return to the regular order. And everyone interrupts the order for Rosh Hodesh, Ḥanukah, Purim, fast days, festival days, and Yom Kippur (Mishnah Megillah 3:5). On Pesaḥ they read the portion of the festivals. And a mnemonic is: "during the bull, sanctify with money, cut in the desert, send the firstborn." On Shavuot, "On the third day" (Exodus 19:1–20:23), and on the second day, "Every firstborn" (Deuteronomy 15:19—16:37). On Rosh Hashanah, "And haShem remembered Sarah" (Genesis 21:1–34) and on the second day, "And God tested Abraham" (Genesis 22:1—24). On Yom Kippur, "after the death" (Leviticus 16:1—34). On Sukkot, the offerings for Sukkot (Numbers 29:12—34). On Ḥanukkah, the princes (Numbers 7). On Purim, "And Amalek came" (Exodus 17:8—16). On Rosh Hodesh, "And on your new months" (Numbers 28:1–15). On the watches, the matter of creation (Genesis 1:1—2:3). On fast days, "And Moses petitioned" (Exodus 32:11—14, Exodus 34:1–10). On Mondays and Thursdays and on Shabbat in the afternoon they read according to the order, but they are not counted in the order. As it is said, "And Moses spoke the appointed-times of haShem to the children of Israel" (Leviticus 23:44) — it's commanded that they read each and every one at its time.
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Contemporary Halakhic Problems, Vol VI
At issue is the nature of the principle that subclinical phenomena are to be disregarded. The concept can be understood in two distinct ways: 1) The Torah simply ignores any and all subclinical entities and phenomena and regards them as non-existent. That notion mirrors the reasoning of Resh Lakish, Yoma 73b, who maintains that a quantity of forbidden food less than the minimum for which statutory punishment is prescribed, is entirely permissible according to biblical law because, in effect, the Torah completely disregards its existence.58Rabbi Halberstam, Ayin Lo Ra’atah, pp. 27f., cites the comments of the Brisker Rav, R. Yitzchak Ze’ev Soloveitchik, Ḥiddushei Rabbeinu ha-Griz al ha-Torah (n.d.) and idem, Ḥiddushei Maran Riz ha-Levi al ha-Torah (Jerusalem, 5723), Exodus 12:2, in support of his position regarding recognition of the sub-visual state. Mekhilta 1:6, cited by Rashi, Exodus 12:2, reports that Moses was perplexed with regard to the precise time at which the new moon might be sanctified. God responded by showing him the nascent moon and declaring, “This is what you shall see and sanctify.” The Brisker Rav explains that, in replying to Moses, God announced a shi’ur, i.e., he specified the minimum arc that must be visible as a requirement for announcing the new month. That exchange, argues Rabbi Halberstam, presumes that Moses knew that the Torah generally does take cognizance of subvisual phenomena but that he was in doubt only with regard to the shi’ur for sanctification of the new moon.
That deduction is not at all warranted. As the Brisker Rav himself remarks, it would have been impossible to sanctify the new moon on the basis of sighting the moon before it becomes visible. Moses’ doubt was with regard to whether sanctification is contingent solely upon the astronomical phenomenon of the emergence of the new moon, in which case “sighting” is merely confirmatory evidence of the moon’s return to a particular point in its orbit, or whether the new month does not commence until a visible portion of the moon has emerged. When the new moon is sanctified on the basis of actual sighting, resolution of that question is of no consequence. However, when the new moon is sanctified on the basis of astronomical calculations—as was the method utilized by Hillel II in establishing a perpetual calendar—the question assumes profound significance: Is it the exposure of even a minuscule sliver of the nascent moon that should be calculated or is it the appearance, some six hours later, of a portion of the moon of sufficient size to be perceived on earth that must be calculated? God’s reply affirmed the latter to be the case. The Peirush (anonymous marginal commentary published in standard editions of the Mishneh Torah), Rambam, Hilkhot Kiddush ha-Ḥodesh 7:1, cites a commentary on Rosh ha-Shanah attributed to Rambam indicating that it is the time of possible visual appearance of the moon that must be calculated. That issue is in no way related to the general question of the halakhic status of subclinical phenomena or entities.
Nor can Mekhilta be cited as proof that events taking place in a subclinical state are not given cognizance even when their results later become perceivable. The fact that the non-perceived emergence of the nascent moon is of no import even though the moon subsequently becomes visible does not constitute evidence for that thesis. The response, “This is what you shall see and sanctify” establishes a shi’ur, namely, that the new month does not begin with the earliest emergence of the moon but commences only when a portion of the moon sufficient for it to be visible to the human eye actually emerges. 2) The phenomena are indeed recognized as real but, since the Torah was given to human beings rather than to angels, no mandate or stricture can be attendant upon such entities or phenomena59Cf., R. Ephraim Fishel Siegal, Or Yisra’el, no. 61, p. 69. There is actually a third possibility, viz., that “the Torah was not given to angels” means only that humans cannot be held accountable for what they cannot know, just as man cannot be held culpable in instances of force majeure, but, objectively speaking, such phenomena are regarded as existent. That formulation of the principle is quite correctly dismissed by R. Zevi Fried, Or Yisra’el, no. 61, p. 49 and by Rabbi Siegal, ibid., p. 68. unless and until there is perceivable evidence of such entity or occurrence.60It has been argued that genetic engineering involving the introduction of one or more genes from another citrus fruit into the seed of an etrog does not result in a halakhic murkav or hybrid because the foreign gene is microscopic at the time that genetic manipulation is undertaken. Kereti’s thesis raises the possibility that the etrog may indeed be pasul, or disqualified, if characteristics of the alien fruit become recognizable in the mature etrog. See this writer’s Bioethical Dilemmas (Southfield, Michigan, 2006), II, 213f. If all subvisual events are to be entirely ignored, the "creeping" of minuscule Anisakis is of no moment. If, however, subclinical phenomena are ignored only until there is clinical evidence of their occurrence, the "creeping" of the Anisakis, while yet microscopic, renders it a "swarming creature" at least at such time as it becomes visually perceivable.61A difficulty arises from the fact that fermentation of wine as detected by taste buds is evidence of the presence of yeast in the wine. There is no source indicating that wine is permitted only because it is explicitly sanctioned by Scripture. Cf., Ḥokhmat Adam, Binat Adam, no. 35. Yeast, however, are incapable of independent locomotion and hence are presumably not members of the prohibited class of “swarming creatures.” See Claudio Delfini and Joseph V. Formica, Wine Microbiology: Science and Technology (New York, 2001), p. 49.
That deduction is not at all warranted. As the Brisker Rav himself remarks, it would have been impossible to sanctify the new moon on the basis of sighting the moon before it becomes visible. Moses’ doubt was with regard to whether sanctification is contingent solely upon the astronomical phenomenon of the emergence of the new moon, in which case “sighting” is merely confirmatory evidence of the moon’s return to a particular point in its orbit, or whether the new month does not commence until a visible portion of the moon has emerged. When the new moon is sanctified on the basis of actual sighting, resolution of that question is of no consequence. However, when the new moon is sanctified on the basis of astronomical calculations—as was the method utilized by Hillel II in establishing a perpetual calendar—the question assumes profound significance: Is it the exposure of even a minuscule sliver of the nascent moon that should be calculated or is it the appearance, some six hours later, of a portion of the moon of sufficient size to be perceived on earth that must be calculated? God’s reply affirmed the latter to be the case. The Peirush (anonymous marginal commentary published in standard editions of the Mishneh Torah), Rambam, Hilkhot Kiddush ha-Ḥodesh 7:1, cites a commentary on Rosh ha-Shanah attributed to Rambam indicating that it is the time of possible visual appearance of the moon that must be calculated. That issue is in no way related to the general question of the halakhic status of subclinical phenomena or entities.
Nor can Mekhilta be cited as proof that events taking place in a subclinical state are not given cognizance even when their results later become perceivable. The fact that the non-perceived emergence of the nascent moon is of no import even though the moon subsequently becomes visible does not constitute evidence for that thesis. The response, “This is what you shall see and sanctify” establishes a shi’ur, namely, that the new month does not begin with the earliest emergence of the moon but commences only when a portion of the moon sufficient for it to be visible to the human eye actually emerges. 2) The phenomena are indeed recognized as real but, since the Torah was given to human beings rather than to angels, no mandate or stricture can be attendant upon such entities or phenomena59Cf., R. Ephraim Fishel Siegal, Or Yisra’el, no. 61, p. 69. There is actually a third possibility, viz., that “the Torah was not given to angels” means only that humans cannot be held accountable for what they cannot know, just as man cannot be held culpable in instances of force majeure, but, objectively speaking, such phenomena are regarded as existent. That formulation of the principle is quite correctly dismissed by R. Zevi Fried, Or Yisra’el, no. 61, p. 49 and by Rabbi Siegal, ibid., p. 68. unless and until there is perceivable evidence of such entity or occurrence.60It has been argued that genetic engineering involving the introduction of one or more genes from another citrus fruit into the seed of an etrog does not result in a halakhic murkav or hybrid because the foreign gene is microscopic at the time that genetic manipulation is undertaken. Kereti’s thesis raises the possibility that the etrog may indeed be pasul, or disqualified, if characteristics of the alien fruit become recognizable in the mature etrog. See this writer’s Bioethical Dilemmas (Southfield, Michigan, 2006), II, 213f. If all subvisual events are to be entirely ignored, the "creeping" of minuscule Anisakis is of no moment. If, however, subclinical phenomena are ignored only until there is clinical evidence of their occurrence, the "creeping" of the Anisakis, while yet microscopic, renders it a "swarming creature" at least at such time as it becomes visually perceivable.61A difficulty arises from the fact that fermentation of wine as detected by taste buds is evidence of the presence of yeast in the wine. There is no source indicating that wine is permitted only because it is explicitly sanctioned by Scripture. Cf., Ḥokhmat Adam, Binat Adam, no. 35. Yeast, however, are incapable of independent locomotion and hence are presumably not members of the prohibited class of “swarming creatures.” See Claudio Delfini and Joseph V. Formica, Wine Microbiology: Science and Technology (New York, 2001), p. 49.
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Contemporary Halakhic Problems, Vol IV
Iggerot Mosheh's analysis of Rashi's view leaves a serious question unresolved. As recorded in Exodus 12:9, the paschal sacrifice must be roasted and cooking the sacrifice in water is explicitly forbidden. The Gemara, Pesaḥim 41a, declares that cooking the paschal sacrifice in the thermal "waters of Tiberias" does not constitute a transgression of the negative commandment prohibiting cooking in water. Eglei Tal, Melekhet Ofeh, sec. 44, notes the obvious difficulty. If cooking by means of the heat of the sun is merely an uncommon or unusual mode of cooking it must nevertheless be categorized as being intrinsically a form of cooking. Unlike the rule with regard to Sabbath prohibitions, unusual forms of cooking are included in the prohibition regarding preparation of the paschal offering.17See, however, R. Elchanan Wasserman, Koveẓ Shi ‘urim, Ketubot 60a, who asserts that unusual acts are not only outside the ambit of Sabbath prohibitions but are also excluded from other biblical prohibitions. Thus, he argues, there is no biblical prohibition against cooking the paschal offering by means of solar heat. The same is true with regard to heat derived from the sun: Just as cooking in the “waters of Tiberias” on Shabbat is not biblically forbidden since the heat is derived from an unusual source so is cooking the paschal sacrifice in the “waters of Tiberias” excluded from the biblical prohibition. Cf., R. Benjamin Silber, Oz Nidberu, I, no. 34. If so, cooking the paschal sacrifice in the "waters of Tiberias" should constitute a transgression of the prohibition against cooking the sacrificial animal. Eglei Tal explains that, in terming solar cooking an "unusual" form of cooking, Rashi intends to indicate that cooking by means of solar heat is intrinsically different from conventional cooking, i.e., for halakhic purposes, solar heat and heat of a fire are regarded as qualitatively different. Hence, preparation of food by means of solar heat does not constitute "cooking," not because it is not analogous to the cooking performed in the construction of the Tabernacle, but because, by definition, it is not "cooking." There can be no question that, according to Eglei Tal, microwave cooking is similarly, by definition, not to be regarded as cooking; microwaves are even less similar in nature to a flame than are solar rays.18See also R. Gedaliah Rabinowitz, Torah she-be-’al Peh, XXIV (5743), who attempts to explain the “unusual” nature of solar cooking in another manner.
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Sefer HaMitzvot
That is that He commanded to burn consecrated items that have become impure. And that is His saying, "Meat that touches anything impure [... shall be burned in fire]" (Leviticus 7:19). And in the Gemara Shabbat (Shabbat 25a), it comes to explain the reason for that which it is forbidden to kindle priestly tithes of oil that have become impure on a holiday - and they said about this, "'Shabbaton' (Leviticus 23:24) [indicates] it is a positive commandment, such that [rest from work on] the holiday is a positive commandment and a negative commandment. And a positive commandment does not push off a negative commandment and a positive commandment." And the content of this statement is that the doing of work on a holiday is forbidden: And one who does it transgresses a positive commandment, since [work] is the negation of a positive commandment. And that is His, may He be exalted, saying about the holiday, "it shall be a Shabbaton for you." And he [also] transgresses a negative commandement, since he is doing what has been forbidden to him. And that is His saying, "no work shall be done on them" (Exodus 12:16) - meaning on the holidays. Whereas the burning of consecrated items is a positive commandment. Hence it is not permitted to burn it on a holiday, on account of the principle that it mentioned: "A positive commandment does not push off a negative commandment and a positive commandment." And there, they also said, "Just like it is a commandment to burn consecrated items that have become impure, so too is it a commandment to burn priestly tithes of oil that have become impure." And the laws of this commandment have already been explained in Pesachim and at the end of Termurah. (See Parashat Tzav; Mishneh Torah, Things Forbidden on the Altar.)
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Kitzur Shulchan Arukh
You may not make mugmar, that is to scatter various spices over coals, either in order to smell its fragrance, or to perfume the house or clothing, for it is written "For everyone," (Ex. 12:16). meaning, it must be of a nature that everyone requires. But perfuming is only a necessity for dainty and indulgent people. With regard to smoking tobacco, the poskim, of blessed memory, disagree.91The prohibition involved is that of extinguishing fire. The Magein Avraham 514:4, Korban Nessanel (Maseches Beitzah Chapter 2) and Chayei Adam 95:13 prohibit smoking on Yom Tov, for it is not necessary for everyone. Some halachic authorities rule that you are not allowed to smoke at all because it is a proven health hazard. On Yom Tov there is more reason to be stringent. Even according to those who are lenient, you must be careful not to light it with a (burning) piece of paper or a coal, because when you throw these on the ground, they will be extinguished.92You may not light a cigarette from another cigarette because it partially extinguishes the first one. (Minchas Yom Tov) It is easy to make the mistake of doing it on Yom Tov, since you are used to doing so during the week. If there are letters on the paper, either written or printed, and you burn it, the prohibition of erasing also applies. Rather, you must light it from a (pre-existing) flame. You also may not smoke a new pipe.93This refers only to an unglazed potsherd pipe, which becomes stronger from heat. It does not apply to wooden pipes. (see Kerem Shlomoh and Misgeross Hashulchan) It is also forbidden to grind the tobacco on Yom Tov. It would seem that it is also forbidden to cut off the tips of cigars.94To open its ends. You may also not bite off the ends and, maybe, not even burn them when you begin smoking, because it may be considered making a vessel (in this case a cigar) on Yom Tov. (see Minchas Yom Tov, Mikra Kodesh)
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Kitzur Shulchan Arukh
All work that is permitted to be done on Yom Tov, may be performed only for the needs of man, but not for animals, for it is written, "Shall be done for you," (Ex. 12:16) and it is expounded100Masechet Beitzah 21. "For you, but not for animals." Therefore it is forbidden to cook or carry out anything for the needs of an animal, just as it is forbidden on Shabbos.
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Kitzur Shulchan Arukh
It is written, "And you must guard the matzos" (Exodus 12:17). From this we learn that we must guard the wheat [from which we make] the matzos with which we perform the mitzvah, to see that no water comes upon them. According to some of the great halachic authorities, of blessed memory, this watchfulness is to begin from the time the wheat is harvested. The prevailing custom is to follow the opinion of the authorities, who maintain it is sufficient to guard it from the time it is brought to the mill, and thereafter. However, people who are meticulous in their performance of mitzvos, are concerned that [the wheat] should be guarded from the time it is harvested, and this is the proper thing to do. Special care must be taken that the stalks do not remain attached to the earth until they completely dry out and turn white, because then if rain falls on them they will become chametz, even though they are still attached to the soil,1This is so only if there was a huge downpour of rain, but a slight rain or drizzle does not disqualify the wheat and it may be used even for the required matzo of the Seder. (Mishnah Berurah 467:18) since they no longer need the soil's (nourishment). It is, therefore, fitting and proper to harvest them when they are still slightly green. If you can obtain wheat that was guarded from the time of harvesting for all the days of Yom Tov, so much the better. If this is impossible, you should at least be scrupulous about this for the matzos of both Seder nights.
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Kitzur Shulchan Arukh
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.
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Kitzur Shulchan Arukh
Although on every other Shabbos and Yom Tov, you are permitted to say kiddush and eat a meal while it is still day, in order to add from the secular to the holy, on Pesach, you are not permitted to do so. The mitzvah of eating matzah must be performed only at night, as was the case with the Pesach sacrifice, about which it is written, "And they shall eat the meat (of the Korban Pesach) on this night." (Exodus 12:8). The mitzvah of the Four Cups may also be done only after nightfall. Since the cup of wine, over which we say kiddush, is one of the Four Cups, the kiddush should not be said until it is definitely night.1It is required to wait, therefore, until after the appearance of the stars. See glossary. (The person who conducts the seder) puts on the kittel and takes his seat to conduct the seder. It is a mitzvah to distribute almonds, nuts and similar things to the children, so that they notice the change and ask questions, and this will also stimulate them to ask also the reasons for eating matzah, maror and reclining.2These questions are included in the text of the Haggadah, Mah Nishtanah. It is important to keep the children at the table until after Avodim Hayinu is recited and explained to them, because this section of the Haggadah explains the questions, previously asked by the children. (Mishnah Berurah 472:50) Boys and girls who have reached the age of training for mitzvos, that is, who are able to understand the holiness of Yom Tov and understand what is being told about the Exodus from Egypt, should also be given a cup of wine,3It is considered a mitzvah to give them a cup of wine, but it is not required to do so, since many Poskim ruled that the mitzvah of the Four Cups was never ordained for children. (Ibid. 472:46,47) from which they should drink. It is customary to fill an additional cup of wine,4It is not clearly stated, when the Cup of Elijah should be filled. The fact that the Kitzur Shulchan Aruch mentions it, in this paragraph, could indicate that he maintains that it be filled, when the first cups are filled for Kiddush. Mishnah Berurah mentions the filling of the Cup of Elijah, in the paragraph dealing with the text, שֽׁפוֹךְ חֲמָתְךָ (Pour out Your wrath etc.), which comes much later after Birkas Hamazon. (Ibid. 481:10) and it is called "The Cup of Elijah the Prophet."
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Kitzur Shulchan Arukh
After that, you should wash your hands,7The reason for washing the hands, at this point, is because the karpas must be dipped in salt water, and before eating food that is dipped in liquid, such as wine, honey, oil, milk, dew, blood or water it is required that you wash your hands. (Ibid. 473:51) without saying the berachah, dry them, and cut the karpas for yourself and for all the members of the household, giving each less than a kazayis.8See glossary. We eat less than a kazayis, because, otherwise, it would be questionable, regarding the saying of the after-berachah. By eating less than a kazayis, we remove ourselves from this problem. According to the Gra, however, if you should eat a kazayis, you should say the after-berachah. (Ibid. 473:53,56) Each dips his portion in salt water and says the berachah Borei peri ha'adamah "Who creates the fruit of the ground." They should have in mind to exempt the maror which will be eaten later with this berachah, and while eating the karpas, they should also recline on the left side.9Mishnah Berurah does not mention the rule that the karpas should be eaten in a reclining position. The person who leads the Seder then takes the middle matzah and breaks it into two parts, placing the larger part near his seat for the afikoman. It is customary to wrap the afikoman in a napkin,10When using a cloth napkin, care must be taken that the napkin was not starched in laundering. (Ibid. 473:59) to recall what is written, "Their leftover dough was wrapped in their clothes" (Exodus 12:34). Some people place it on their shoulders, to recall the Exodus. Since the afikoman takes the place of the Pesach sacrifice, it is most esteemed, and the larger portion of the matzah is set aside for it. The smaller portion, is put back on the seder plate. He then uncovers the matzos slightly, lifts the seder plate, and all declare Ha lachma anya diachalu,11This declaration should be said in a loud voice. (Ibid. 473:61) "This is the bread of affliction, which our forefathers ate etc. to leshanah haba'ah benei chorin, "Next year we shall be free men." Those who say, Keha lachma anya (keha instead of ha), "Such as this bread of affliction," should omit the word di (which).
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Sefer HaMitzvot
That He prohibited an uncircumcised one from eating the priestly tithe. And the law is the same for other consecrated foods - that an uncircumcised one is forbidden to eat them. But this [prohibition of] eating is not made explicit in Scripture, but is rather learned from a verbal analogy. Yet the receivers [of the tradition] have explained that this prohibition is from the Torah. And the language of the Gemara, Yevamot (Yevamot 70a), is, "From where [do we know] that an uncircumcised one does not eat priestly tithe? It is stated, 'A sojourner (toshav) and a hired servant' (Exodus 12:45) with regard to the Pesach-offering; and [it is stated, 'a tenant (toshav) of a priest, or a hired servant, shall not eat of the consecrated food' (Leviticus 22:10),] with regard to priestly tithe. Just as 'a toshav and a hired servant,' stated with regard to the Pesach-offering, an uncircumcised one is forbidden from [eating] it; so too, 'a toshav and a hired servant,' stated with regard to priestly tithe, an uncircumcised one is forbidden from [eating] it." And the law is the same for other consecrated foods. And this is also the language of Sifra (Sifra, Emor, Chapter 4:18). And there they said, "Rabbi Akiva said, '"A man, a man" (Exodus 12:4), is to include the uncircumcised.'" And there - meaning in the Gemara, Yevamot - it is made clear that according to the Torah, one [whose circumcised foreskin is] pulled may eat of the priestly tithe. But [rabbinically], they decreed about him [that he may not eat of it], because he looks like one who is uncircumcised. Behold it has already been made clear to you that one uncircumcised is forbidden [to eat] priestly tithe, from the Torah; whereas one who is pulled is forbidden [rabbinically]. And understand this. And there, they said, "One pulled must get circumcised [rabbinically]." (See Parashat Emor; Mishneh Torah, Heave Offerings 7.)
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Sefer HaMitzvot
That He prohibited an uncircumcised one from eating the priestly tithe. And the law is the same for other consecrated foods - that an uncircumcised one is forbidden to eat them. But this [prohibition of] eating is not made explicit in Scripture, but is rather learned from a verbal analogy. Yet the receivers [of the tradition] have explained that this prohibition is from the Torah. And the language of the Gemara, Yevamot (Yevamot 70a), is, "From where [do we know] that an uncircumcised one does not eat priestly tithe? It is stated, 'A sojourner (toshav) and a hired servant' (Exodus 12:45) with regard to the Pesach-offering; and [it is stated, 'a tenant (toshav) of a priest, or a hired servant, shall not eat of the consecrated food' (Leviticus 22:10),] with regard to priestly tithe. Just as 'a toshav and a hired servant,' stated with regard to the Pesach-offering, an uncircumcised one is forbidden from [eating] it; so too, 'a toshav and a hired servant,' stated with regard to priestly tithe, an uncircumcised one is forbidden from [eating] it." And the law is the same for other consecrated foods. And this is also the language of Sifra (Sifra, Emor, Chapter 4:18). And there they said, "Rabbi Akiva said, '"A man, a man" (Exodus 12:4), is to include the uncircumcised.'" And there - meaning in the Gemara, Yevamot - it is made clear that according to the Torah, one [whose circumcised foreskin is] pulled may eat of the priestly tithe. But [rabbinically], they decreed about him [that he may not eat of it], because he looks like one who is uncircumcised. Behold it has already been made clear to you that one uncircumcised is forbidden [to eat] priestly tithe, from the Torah; whereas one who is pulled is forbidden [rabbinically]. And understand this. And there, they said, "One pulled must get circumcised [rabbinically]." (See Parashat Emor; Mishneh Torah, Heave Offerings 7.)
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Sefer HaChinukh
The commandment of the burning of the remnant (notar) of the [sacrifices]: That we were commanded to burn the notar - and that is meat of the [sacrifices] that remains after the time limited for their eating has passed - as it is stated (Leviticus 7:17), "And the notar of the meat of the sacrifice on the third day, it shall be brunt with fire." And this burning is a positive commandment - as so they say in Mekhilta concerning Pesach (Exodus 12:10), "'You shall not leave any of it, etc., and the notar you shall burn with fire, etc.' - the verse comes to give a positive commandment upon the negative commandment." It is implied that the commandment of burning notar is a positive commandment. And the law of piggul and notar are the same in this, that there is also a positive commandment in its burning, such that we have found Scripture expressing piggul, with the word, notar.
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Sefer HaChinukh
From the laws of the commandment is that which they, may their memory be blessed, said (Mishnah Shekalim 8:6) that if it became impure on the interior, we burn it on the interior; if it became impure on the exterior, we burn it on the exterior. And we burn it, whether it became impure from a main category of impurity or its immediate derivative. The owners burn notar of lower level [sacrifices] in their homes. And no bones of [sacrifices] that do not have marrow require burning, except for the bones of the Pesach sacrifice. And this matter strengthens a little our argument that we said about the spoiling of meat. And therefore the bones that do not come to spoiling do not require burning - except for the bones of the Pesach sacrifice: Since they are in the [negative commandment] of "and you shall not break a bone in it" (Exodus 12:46), there is usually a little meat upon them, because of the fear of breaking. And therefore they said in general about all of [their bones] that they require burning. And these are [the items] that are burned: Meat of [sacrifices] that have become impure or notar, or of a sacrifice that has become disqualified; also a meal-offering that has become impure, notar or disqualified; an undetermined guilt-offering about which it has become known (after) [before] its blood was sprinkled that the owner did not sin; a fowl sin-offering that came about a doubt; the hair of a pure nazirite; orlah (fruit of the first three years); and forbidden mixtures of the vineyard (so is it found in most hand-written manuscripts) - behold, these are burnt. And [while we are on this], we will write [the items] that are buried, and these are them: consecrated [animals] that died - whether consecrated for the altar or consecrated for the upkeep of the [Temple]; the fetus of consecrated [animals] that miscarried is to be buried, [and] if it passed a placenta, it is [also] buried; an ox that is stoned; a beheaded calf; the birds of a metsora; the hair of an impure nazirite; a firstborn donkey; meat with milk; and non-sacred animals slaughtered in the [Temple] yard. And the rest of the details of the commandment are elucidated in Pesachim and at the end of Temurah.
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Sefer HaMitzvot
That is that He commanded us to rest on the first day of Pesach. And that is His, may He be exalted, saying, "And on the first day, a sacred occasion" (Exodus 12:16). And the explanation (Rosh Hashanah 32a) came [to say] - "Sanctify it" - that is, that you should not do any work on it except that which is specific for eating alone, as is explained in Scripture. And their language already appeared (Sefer Hamitzvot, Positive Commandments 90), "This term, Shabbaton, is a positive commandment" (Shabbat 25b). This means to say, that every holiday about which God said, Shabbaton, is as if He said, "Rest," or "You shall rest" - and these are all commands to rest. God's days of rest are called sacred occasions, meaning to say, holidays. And their saying - "a holiday is a positive commandment and a negative commandment" - has already come in explanation in many places. This means that the negation of work on a holiday is a positive commandment; and that [not] doing certain work is a negative commandment. And hence one one who does certain work on it has transgressed a positive commandment and a negative commandment. And the regulations of this commandment - meaning resting - have already been explained in Tractate [Beitzah]. (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)
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Sefer HaMitzvot
That is that He commanded us to rest from work on the seventh [day] of Pesach. And that is His, may He be exalted, saying, "a sacred occasion on the seventh day" (Exodus 12:16). (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)
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Sefer HaMitzvot
He prohibited us from eating chametz (leavened grain products) on Pesach. And that is His saying, "no chametz shall be eaten" (Exodus 13:3). And He explained that it is [punishable] by excision and said, "for whoever eats chametz shall be excised" (Exodus 12:15)" - if one was volitional. And he is liable a fixed sin-offering if he was inadvertent. And the regulations of this commandment have already been explained in Tractate Pesachim. (See Parashat Bo; Mishneh Torah, Leavened and Unleavened Bread.)
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Sefer HaMitzvot
He prohibited us from eating things that have an admixture of chametz (leavened grain products) [on Pesach] - even though they are not bread - such as (brine,) cereal and ale and that which is similar to them. And that is His saying, "You shall eat nothing leavened" (Exodus 12:20). [And the language of the Mekhilta (Mekhilta DeRabbi Shimon Bar Yochai 12:20) is, "'You shall eat nothing leavened,'] to include Babylonian cereal, Median beer and Edomite vinegar. Perhaps we would be liable excision for them? [Hence] we learn to say, '"for whoever eats chametz shall be excised' (Exodus 12:15). What is specific to chametz is that it is fully chmetz - excluding these that are not fully chametz. So why did they appear? To transgress a negative commandment with them." And it has already been explained in Pesachim (Pesachim 43a) that the matter of their eating being liable for lashes is only if there is a kazayit of chametz in [the time] needed to eat a peras. But if the admixture of chametz was less than this amount, we are not liable lashes for their eating. (See Parashat Bo; Mishneh Torah, Leavened and Unleavened Bread.)
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Sefer HaChinukh
That an uncircumcised one not eat priestly tithe: That an uncircumcised one not eat priestly tithe; meaning to say, a priest that is not circumcised - whether he is volitional or inadvertent or from duress, such as when his brothers died because of circumcision, so that the fear of death prevented him from being circumcised; in any manner that it be - since he is uncircumcised, he is forbidden to eat priestly tithe. And the same is the law - that he is forbidden - with other consecrated foods. And this prevention is not elucidated in Scripture, but we rather learn it from an inferential comparison. And the transcriber wrote in the name of Rambam, may his memory be blessed, (Sefer HaMitzvot, Mitzvot Lo Taase 135), "The ones that received the tradition elucidated with this, that this prohibition is from Torah writ and not rabbinic. And the language of Yevamot 70a is, 'From where [do we know] that an uncircumcised does not eat priestly tithe? It is stated, "a boarder and a hired worker" (Exodus 12:45) with regard to the Pesach [sacrifice], and it is stated, "a boarder and a hired worker" (Leviticus 22:10) with regard to priestly tithe. Just as "a boarder and a hired worker" with regard to the Pesach, an uncircumcised is prohibited [from eating] it, so too, "a boarder and a hired worker" stated with regard to priestly tithe, an uncircumcised is prohibited [from eating] it.' And the same is the law for other holy foods. And this is likewise the language of Sifra, Emor, Chapter 4:18. And there it is stated, 'Rabbi Akiva says, "Every man (literally, A man, a man)" (Leviticus 22:4), [is] to include the uncircumcised.' And there - meaning in the Gemara Yevamot 72a - it is elucidated that a stretched [may] eat from priestly tithe from the word of the Torah, but [the Rabbis] decreed [that he may not] because he appears like one uncircumcised. And a stretched is one who stretched his foreskin in a way that he would appear as if he was uncircumcised, after he was circumcised. Behold, it is already elucidated that an uncircumcised is forbidden from the Torah and a stretched is forbidden rabbinically. And understand this. And there it is said that a stretched must be circumcised [again] rabbinically." To here [are his words].
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Sefer HaChinukh
The commandment of resting on the first day of Pesach: To rest on the first day of Pesach, as it states about it (Leviticus 22:7), "On the first day, a holy occasion." And about all about which it is stated in the Torah, "a holy occasion," they, may their memory be blessed, explained (Sifra, Emor, Chapter 12:4), "Make it holy." And the content of its holiness is that no work be done on it, except for that which is specific to eating; as the verse elucidated (Exodus 12:16), "but that which is eaten by every soul, that alone shall be done for you." And the proof that the rest of the holiday is considered a positive commandment is their, may their memory be blessed, saying (Shabbat 25a), "This 'shabbaton' is a positive commandment." And we learn from now that in every place that shabbaton is stated in the Torah with regards to a holiday, it is a positive commandment. And [what] also appears much in the Talmud is, "The holiday is a positive commandment and a negative commandment."
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Sefer HaChinukh
To not do work on the first day of Pesach: That we not do work on the first day of the holiday of Pesach - which is the fifteenth of Nissan - as it is stated (Leviticus 23:7), "On the first day, a holy occasion shall it be for you; all work of labor shall you not do." And Scripture already warned about this in the Order of Bo el Pharoah in the command of the holiday of Pesach; as it is stated there (Exodus 12:16), "all work shall not be done upon them." And Rambam, may his memory be blessed, brought that verse (in Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 223) in his tally. But I have written this other one, so that the holidays be organized in one order. But it all comes to the same thing.
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Sefer HaChinukh
And the verse stated here, "work of labor," and it did not state, "all work" - since the needs of food for the soul were permitted to be done on the holiday; as Scripture comes in another place (Exodus 12:16), "but that which is eaten by every soul, that alone shall be done for you." And this is the understanding of work of labor - meaning to say, work that is not for the needs of food for the soul, like the matter that is stated (Exodus 1:14), "labor in the field"; and so [too,] "Kain was a laborer of the field" (Genesis 4:2); "a king over a field that is labored" (Ecclesiastes 5:8); "labors his land" (Proverbs 12:11). But work that is for food for the soul like cooking and similar to it is work of enjoyment, not work of labor. So did Ramban, may his memory be blessed, explain. And he wrote further (Ramban on Leviticus 23:7) that this understanding is elucidated in the Torah [itself], since with the Festival of Matsot, [about which] it first stated, "all work shall not be done upon them" in the Order of Bo el Pharoah, it was required to explain, "but that which is eaten by every soul, that alone shall be done for you." But with all of the other holidays, it was brief and it stated, "all work of labor you shall not do," to forbid all work that is not [for] food for the soul, and to inform that food for the soul is permitted on them. And Scripture did not ever state in one of the other holidays, "all work," nor explain the permissibility of food for the soul - since "all work of labor" teaches about this. But in the section, Kol HaBekhor on the Festival of Matsot, it states (Deuteronomy 16:8), "and on the seventh day, it is a convocation to the Lord, your God; you shall not do work." And the reason is because it already explicitly permitted food for the soul on this holiday in the Order of Bo el Pharaoh. And afterwards in this Order, it mentions "work of labor," which also implies the permissibility of food for the soul. And therefore, when it repeated and mentioned it another time in the section of Kol HaBekhor, it was not needed for it to state a further explanation about it; and [so] it mentioned just, "work," and relied on that which is known [from the earlier entries]. And nonetheless, it did not state, "all work," as [it does] with Shabbat and Yom Kippur, but [rather just] stated, "work" - meaning to say, the work which I have warned you about.
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Sefer HaChinukh
And the law that it is forbidden to make tools that prepare food for the soul, on account of its being written (Exodus 12:16), "that alone" - and not what prepares it. And the law of inviting gentiles on a holiday (Beitzah 21b), which is forbidden, as it is written, "for you" - and not for gentiles. And so [too,] that we do not bake anything for dogs, as it is written, "for you" - and not for dogs. And that which they, may their memory be blessed, said (Beitzah 4b) about the two days of the exiles - that an egg born on this one is permitted on that one; and that which is detached from the ground on this one is permitted on that one, as the [two days] are two [separate units of] holiness. And it is not like this on the two days of Rosh Hashanah. And the rest of its many details are all elucidated in the tractate that is built on this, and that is Tractate [Beitzah] (see Tur, Orach Chaim 495).
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Sefer HaChinukh
From the laws of the commandment is that which they said (Menachot 73b) that if they did not find new [wheat], they can bring it from the [storehouse]; and that one should not bring wheat that descended from the clouds at the outset, because there is a doubt if I call this, "from your inhabitations," or not. But if he brought it, it is fit. The kneading of the two breads and their forming is outside [the courtyard] and its baking is inside, like all of the meal-offerings. And their baking does not push off [the prohibition of work on] the holiday, as it is stated (Exodus 12:16), "shall be done for you" - and not for the higher realm. The waving of the bread with the lambs of the peace-offerings was done while they were still alive. And the high priest takes one of the loaves, and the second is divided for all of the shifts. And the rest of its details are elucidated in Menachot, Chapters 4, 5, 8 and 11 (see Mishneh Torah, Laws of Daily Offerings and Additional Offerings 8).
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Sefer HaMitzvot
He prohibited doing work on the the first day of Pesach. And that is His saying, "no work shall be done" (Exodus 12:16). (See Parashat Bo; Mishneh Torah, Rest on a Holiday 1.)
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Sefer HaMitzvot
He prohibited doing work on the eighth day of the Holiday (Sukkot). And that is His saying, "you shall not do any work of labor" (Leviticus 23:36). And know that anyone who does work - whatever it may be - on one of these six days is lashed; unless it is from what is required for [the preparation of] food of sustenance (okhel nefesh). As it appears in Scripture about one of them, "For that which will be eaten by every person (yeakhel lekhol nefesh), that alone may be done for you" (Exodus 12:16). And the same is the law for the other holidays. And the regulations of this commandment have already been explained in Tractate Beitzah. (See Parashat Emor; Mishneh Torah, Rest on a Holiday 1.)
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Sefer HaChinukh
It is from the roots of the commandment [that it is] because Israel is the nation that God chose from all the other nations for His service and to recognize His Name, and they are not under the rule of the constellations that God apportioned to all the other nations. They are instead [directly] under the hand of the Holy One, blessed be He, without any intermediary of an angel or constellation; and as it is written (Deuteronomy 32:9), "For the portion of the Lord is His people, Yaakov is the measure of His inheritance." And as you find when He took them out from Egypt - which was a miracle that included all the people - that He took them out by Himself in His glory. And [this is] as they, may their memory be blessed, expounded, "'I will pass through Egypt' (Exodus 12:12) - I and not an angel; 'and I will strike the first-born' - I and not a seraph," as it appears in the Haggadah. And therefore anytime Israel maintains the Torah and crowns themselves with His service, only goodness will rest upon them, and the flow of blessing and a pure benevolent spirit will support them; and the opposite - the curse and the 'dedication' - will [rest] upon their enemies and haters. As such, if one of their tempers become short and he pronounces an expression of curse and 'dedication' on his money or his lands - which are under the blessing - the verse informs that it is impossible to remove it from the domain of the blessed to another domain. [This is] since everything that belongs to Israel - who is the portion of God - is His; [as] whatever a slave acquired, his master acquired (Pesachim 88b). Still, since we truly know that the intention of the one who dedicates is to remove that thing from his domain, it is fitting to fulfill his will; and [so] it returns to the domain of his Master and it becomes holy.
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Arukh HaShulchan
It's taught in Sanhedrin 42a: "And Rabbi Aḥa bar Ḥanina says that Rabbi Asi says that Rabbi Yoḥanan says: With regard to anyone who blesses the new month in its proper time, it is as if he greets the Face of the Divine Presence. Alluding to this, it is written here concerning the sanctification of the new month: “This month shall be for you the beginning of months” (Exodus 12:2), and it is written there, where the Jewish people encountered the Divine Presence at the splitting of the sea: “This is my God and I will glorify Him” (Exodus 15:2). The term “this” is employed in both verses. The school of Rabbi Yishmael taught: If the Jewish people merited to greet the Face of their Father in Heaven only one time each and every month, it would suffice for them, since in the blessing of the moon there is an aspect of greeting the Divine Presence. Abaye said: Therefore, we will say the blessing while standing, in honor of the Divine Presence." Behond it's clear that sanctification of the moon is a great and terrible matter like greeting the Shechina. And certainly there are great and terrible secrets regarding it, as the wise receivers of tradition have elaborated: the matter of the moon's diminishing and the matter of the First Man's sin, they touch one another. In the future, when the First Man's sin is rectified - then the diminishing of the moon will also be rectified. And regarding that moment it is said "And the light of the moon will be like the light of the sun" (Isaiah 30:26).
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Arukh HaShulchan
Additonally, one cannot say that the Torah permitted [with the word "tashbisu" (Ex. 12:15)] *only* bitul but not searching [and destroying], because that would be completely illogical. Because in all instances where benefit is prohibited, for example, the Asheira tree, or [other items of] idolatry, the Torah instructs us only to search [and destroy] as it is written "you shall definitely destroy..." (Deut. 12:2). Rather, the Torah certainly is being lenient in the case of chometz, such that bitul [on its own] is sufficient, but obviously, searching [and destroying] are also included in "tashbisu". [Therefore,] one who does not wish to use bitul, or is unable to concentrate sufficiently, can search in all the places into which chometz was brought, and destroy it, either by burning it, or by one of the other methods which will, with Heaven's help, be explained. And after he searched all those places, even if chometz was subsequently found, he has not transgressed a Torah prohibition, because the Torah relies on presumptions. And since he did all that was required, he is simply a victim of circumstances. Thus, on the Torah level, one may use either of two approaches, either searching [and destroying] or bitul, and he will have fulfilled his obligation.
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Shulchan Arukh, Orach Chayim
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.
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Sefer HaChinukh
From the laws of the commandment is that which they, may their memory be blessed, said (Pesachim 11b) that we eat chamets all [the first] four hours of this day, and we suspend [it] all of the fifth - meaning to say that we do not eat [it], due to the decree because of a cloudy day, and we do not burn [it], but rather we [can] benefit from it, to feed it to any creature or to sell it to a person - and we burn it at the beginning of the sixth hour. And this is an ordinance of the Sages regarding the commandment, in order to distance a person from sin, so that he will not stumble to eat it at the beginning of the seventh hour - which is a Torah prohibition, as we have said. And [it is] also like they, may their memory be blessed expounded from another verse; as they said there in Pesachim 4b, "It is is written (Exodus 12:19), 'Seven days leaven, etc.,' yet it is [also] written (Exodus 12:15), 'but on the first day, etc.' Behold, how is this? [It is] to include the fourteenth day for destruction [of chamets]." And [so] the understanding of "first" (rishon) would be like [its usage], "Were you born rishon Adam" (Job 15:7), the understanding of which is before. And from that which the verse obligated to dispose of it on that day, we knew that part of that day would necessarily be permitted, as it is impossible to determine the exact first instant of a day and dispose of it then. And since it is like this: That part of the day is permitted, and Scripture did not elucidate which part of it is permissible, we divided it equally from true logic - as if you divide in [any] other way, there will be no foundation to the thing at all. And that is what they said over there, "[The word,] 'but (akh),' divides." And those that explained that akh is chats (divide) in [the letter susbtitution pattern called], "achs, betaa" did not understand the words of the Sages. [This] and the rest of the details of the commandment are in Tractate Pesachim in the first chapter.
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Sefer HaChinukh
From the laws of the commandment is that which they, may their memory be blessed, said (Pesachim 11b) that we eat chamets all [the first] four hours of this day, and we suspend [it] all of the fifth - meaning to say that we do not eat [it], due to the decree because of a cloudy day, and we do not burn [it], but rather we [can] benefit from it, to feed it to any creature or to sell it to a person - and we burn it at the beginning of the sixth hour. And this is an ordinance of the Sages regarding the commandment, in order to distance a person from sin, so that he will not stumble to eat it at the beginning of the seventh hour - which is a Torah prohibition, as we have said. And [it is] also like they, may their memory be blessed expounded from another verse; as they said there in Pesachim 4b, "It is is written (Exodus 12:19), 'Seven days leaven, etc.,' yet it is [also] written (Exodus 12:15), 'but on the first day, etc.' Behold, how is this? [It is] to include the fourteenth day for destruction [of chamets]." And [so] the understanding of "first" (rishon) would be like [its usage], "Were you born rishon Adam" (Job 15:7), the understanding of which is before. And from that which the verse obligated to dispose of it on that day, we knew that part of that day would necessarily be permitted, as it is impossible to determine the exact first instant of a day and dispose of it then. And since it is like this: That part of the day is permitted, and Scripture did not elucidate which part of it is permissible, we divided it equally from true logic - as if you divide in [any] other way, there will be no foundation to the thing at all. And that is what they said over there, "[The word,] 'but (akh),' divides." And those that explained that akh is chats (divide) in [the letter susbtitution pattern called], "achs, betaa" did not understand the words of the Sages. [This] and the rest of the details of the commandment are in Tractate Pesachim in the first chapter.
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Shulchan Arukh, Orach Chayim
4. On the fifth Sabbath, which is the twenty-ninth of Adar, we take out two [Torah] scrolls — in one [the Reader] reads the weekly portion, and in the second he reads "This month shall be for you..." [Exodus 12:1–20] and the haftarah is "In the first [month], on the first of the month..." [Ezekiel 45:18–46:15]
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