pesachim 7b w tosefot

אם ירצה ה׳

Rav Miller ztl chiour

Section I: Rov, Basa Basa, and Birkat HaMitzvot

Shakla V'Tarya

Kashya 1: If a box was used for cholin (ordinary) money and then ma'aser sheni (second tithe), why not follow basa basa (after the last) presuming the found money is from the final use, ignoring rov (majority)? Terutz 1: The case lacks knowledge of the last use, so rov (majority) determines what was likely last, as frequent use implies alignment with predominant type. Sevara: Logical presumption favors statistical dominance when sequence is unknown, treating rov (majority) as proxy for basa basa (after the last) rather than contradiction.

Kashya 2: If piles of cholin (ordinary) and ma'aser sheni (second tithe) were kept separate in the box, why follow rov (majority) over basa basa (after the last), since no sequential emptying applies? Terutz 2: Papuna rejects mixed use as careless; instead, exclusive periods per type, but found coin is stuck in crevice, evading removal, nullifying basa basa (after the last). Sevara: Physical inaccessibility breaks clearance assumption, forcing reliance on rov (majority) for unresolved remnants.

Kashya 3: On bedikat chametz (search for leaven), why debate levo'er (to remove) vs. al bi'ur (on the removal) in the blessing, if levo'er (to remove) clearly suits future mitzvah? Terutz 3: All agree levo'er (to remove) means future; machloket on al bi'ur (on the removal)—one holds primarily past tense (unsuitable pre-mitzvah), other holds equally future/past. Sevara: Blessing tense must align with impending act; ambiguity in al bi'ur (on the removal) risks mismatch unless interpreted flexibly.

Kashya 4: If al bi'ur (on the removal) means future like al hamilah (on the circumcision) pre-act, why not use it uniformly over levo'er (to remove)? Terutz 4: In milah, delegable nature avoids limol (to circumcise) implying personal chiyuv; al (on) fits general command; for owner-obligated acts like owner's korban Pesach, al (on) persists to avoid implying non-obligation. Sevara: Formulation adapts to mitzvah's delegability, prioritizing accuracy over tense preference to reflect true command structure.

Kashya 5: Why al netilat lulav (on taking the palm branch) post-pickup if mitzvah fulfills instantly, contradicting pre-mitzvah blessing rule? Terutz 5: Per one view, post-fulfillment (yotzei already); language adjusted to rhyme/past tense; alternate: pre-fulfillment via upside-down hold or non-intent, allowing future al (on). Sevara: Instant fulfillment shifts blessing to retrospective, but intent qualifiers preserve pre-act status for consistency.

Kashya 6: Why leishev basukkah (to dwell in the booth) upon entry, before full dwelling, if blessing must precede mitzvah? Terutz 6: Entry initiates mitzvah, with leishev (to dwell) as future; parallels lulav where fulfillment is progressive, not instantaneous. Sevara: Mitzvah commencement defines "before," allowing blessing at threshold of action.

Kashya 7: Why post-tevilah blessings for ger/ba'al keri, if rule is pre-mitzvah? Terutz 7: Pre-tevilah unfit (non-Jew or impure); post aligns with fitness; uniform for all tevilot to avoid distinctions, per Rava. Sevara: Prerequisite purity bars pre-blessing; standardization prevents confusion across cases.

Kashya 8: Why post-netilat yadayim blessing, paralleling tevilah? Terutz 8: Impure hands (post-bathroom) bar pre-blessing; drying completes mitzvah, so post-wash/pre-dry fits "before completion." Sevara: Multi-stage mitzvot extend "before" window; impurity blocks earlier recitation.

Summary Table

Section II: Tosefot on Tevilah and Lo Plug

Kashya 9: If bedikat chametz (search for leaven) derives from gezeirah shavah (verbal analogy) mandating chippus (search), why require ner (candle) specifically—couldn't daylight or touch suffice for finding?

Kashya 10: If the Gemara rules blessings precede mitzvot except for certain tevilah (immersion) due to unfitness, why confine post-tevilah blessing only to tebilat ger (immersion of a convert), when other chayvei tevilah (those obligated in immersion) might also be unfit pre-act? Terutz 10: Rabeinu Chananel per Gaon limits to ger (convert), as pre-tevilah he's a nochri (non-Jew) unable to say "vetzivanu" (and He commanded us); others like ba'al keri (one who experienced a seminal emission) are permitted pre-blessing, per Berachos 22a custom following R' Yehudah allowing davening/learning sans tevilah. Sevara: Distinction preserves precise fitness—ger (convert) lacks covenantal obligation pre-conversion, unlike impure Jews who retain mitzvah-command status despite tumah.

Kashya 11: Even if other chayvei tevilah (those obligated in immersion) can bless pre-tevilah, why permit women to routinely bless post-tevilah without rebuke, contradicting the pre-mitzvah rule? Terutz 11: Ri invokes lo plug (do not distinguish) from tebilat ger (immersion of a convert) precedent where post-blessing is mandatory; uniform application avoids selective rules, paralleled in netilas yadayim (washing of hands) not distinguishing post-beis hakisei (bathroom) cases. Sevara: Practical uniformity prevents errors in varied contexts, prioritizing communal consistency over strict temporal ideals.

Kashya 12: For netilas yadayim (washing of hands), if lo plug (do not distinguish) allows post-wash blessing uniformly, why add a separate rationale for blessing before drying, as if the timing needs extra justification? Terutz 12: Additional reason from Sotah 4b: eating sans drying equates to consuming with tamei (impure) hands, so post-wash/pre-dry remains over la'asiyasan (passing over to its performance), completing the mitzvah only upon drying. Sevara: Mitzvah wholeness requires both washing and drying as integral stages, extending "pre-fulfillment" to mid-process for blessing validity.

Kashya 13: If unfitness for blessing in tevilah (immersion) stems from specific causes like being a nochri (non-Jew), why do others explain all tevilos (immersions) render one unfit pre-act, broadening beyond the Gemara's exceptions? Terutz 13: Alternative view: Pre-entry, no need to bless due to bie'utasa d'maya (fear of the water) risking non-tevilah; post-entry/pre-immersion, forbidden as naked with levavo ro'eh es ha'ervah (his heart sees the nakedness). Sevara: Sequential barriers ensure unfitness at each preparatory stage, universally applying to prevent premature or invalid blessings.

Kashya 14: If lo plug (do not distinguish) from tebilat ger (immersion of a convert) allows post-blessing universally, why not apply it to override pre-blessing entirely for all tevilos (immersions), making post the sole rule?

Summary Table

Section III: Deriving Bedikah by Ner from Pesukim

Shakla V'Tarya

Kashya 1: If the Torah mandates bi'ur chametz (removal of leaven) via lo yimatze (shall not be found), why derive a specific bedikas chametz (search for leaven) method—couldn't nullification or casual glance suffice to prevent finding? Terutz 1: Rav Chisda chains derivations: Lo yimatze (shall not be found) in chametz links via [Gezeirah shava] gezeira shava (verbal analogy) to vayimatze (and it was found) in Yosef's cup (Genesis 44:12), where finding follows vayechapes (and he searched), mandating chippus (searching) for chametz. Sevara: Passive avoidance insufficient; "finding" implies proactive effort, as Yosef's steward didn't wait but actively searched sacks to locate the cup.

Kashya 2: Granted chippus (searching) is required from Yosef's chapes (searched), but why specify by ner (lamp)—couldn't daylight or tactile probing achieve the search? Terutz 2: Chippus (searching) equates to choifes (searches) in Mishlei (Proverbs 20:27): "Ner Hashem nishmas adam, chofes kol chadrei baten" (the lamp of God is man's soul, searching all inner chambers), linking search to ner (lamp) for probing hidden recesses. Sevara: Deep inspection mirrors divine scrutiny of the soul; a ner (lamp) penetrates dark corners where chametz hides, unlike superficial methods.

Kashya 3: If choifes (searches) in Mishlei teaches ner (lamp), why not a full [Gezeirah shava] gezeira shava (verbal analogy) on "choifes"—is this a weaker juxtaposition, and does it mandate only one ner (lamp) or multiple? Terutz 3: Not strict gezeira shava (verbal analogy) but [Davar ha-lamed me-inyano] davar ha-lamed me-inyano (a matter learned from its context): Mishlei's verse contextually ties choifes (searches) to singular ner Hashem (lamp of God), sufficient for chametz as "one ner is enough" per thematic introspection. Sevara: Contextual learning prioritizes essence over multiplicity; Hashem's "lamp" illuminates inwardly without excess, so bedika needs focused light, not abundance.

Kashya 4: If Mishlei's ner Hashem (lamp of God) is metaphorical for the soul, why apply it literally to a physical ner (lamp) for chametz—couldn't the derivation teach spiritual introspection instead of candlelight?

Summary Table

Consolidated Talmudic Terms of Art

• Al bi'ur (on the removal): Blessing formulation debated as past or future tense applicability.
• Basa basa (after the last): Principle that in a container used sequentially for different items, any found item is presumed from the most recent use, assuming prior contents were fully removed.
• Ba'al keri (one who experienced a seminal emission): A man in a state of ritual impurity from emission, debated for permissions in Torah study or prayer without immediate tevilah.
• Bedikas chametz / Bedikat chametz (search for leaven): Rabbinic obligation to inspect one's domain for chametz by candlelight on the eve of Pesach, fulfilling bi'ur chametz (removal of leaven).
• Beis hakisei (bathroom): Place of excretion, rendering hands impure, barring blessings until washed.
• Bi'ur chametz (removal of leaven): Biblical command to eliminate chametz before Pesach, encompassing search, destruction, and nullification.
• Bie'utasa d'maya (fear of the water): Apprehension of immersing in natural bodies like rivers, potentially leading to abandonment of the tevilah.
• Birkat hamitzvot (blessing on commandments): Formulaic blessing recited before performing a mitzvah, typically in future tense.
• Bitul chametz (nullification of leaven): Mental or verbal renunciation of ownership over chametz, rendering it ownerless.
• Chayvei tevilah (those obligated in immersion): Individuals requiring ritual purification via mikveh, such as a ba'al keri or similar cases.
• Chippus (searching): Methodical inspection, derived from chapes (searched) in the Yosef context, applied to chametz removal.
• Choifes (searches): Verb in Mishlei (Proverbs 20:27) describing deep probing, equated to chippus (searching) and tied to ner Hashem (lamp of God) for illumination.
• Cholin (ordinary, profane): Non-sacred items or money, as opposed to sanctified ones.
• Davar ha-lamed me-inyano (a matter learned from its context): Interpretive method deriving meaning from surrounding words or theme, here associating choifes (searches) with ner (lamp) in Mishlei's introspective verse.
• Gezeirah shavah (verbal analogy): Hermeneutical method linking identical words across verses to transfer laws, here explicit between yimatze (shall be found) and vayimatze (and it was found) to derive search requirement.
• Leishev basukkah (to dwell in the booth): Blessing for sukkah mitzvah, recited upon entry.
• Levavo ro'eh es ha'ervah (his heart sees the nakedness): Prohibition on blessings when one's heart (chest area) has direct line of sight to private parts, even if not visually exposed.
• Levo'er (to remove): Future-tense formulation in blessings, explicitly denoting the impending act.
• Lo plug (do not distinguish): Rabbinic principle avoiding distinctions in practice to prevent confusion or error, applying uniform rules across similar cases.
• Lo yimatze (shall not be found): Torah phrase in chametz prohibition (Exodus 12:19), implying active prevention via search to ensure no chametz is found.
• Ma'aser sheni (second tithe): Portion of produce or its monetary equivalent that must be consumed in Jerusalem.
• Milah (circumcision): Covenant of circumcision, blessing debated based on obligee.
• Ner (lamp/candle): Light source required for bedikat chametz to ensure thorough search of hidden areas.
• Netilas yadayim / Netilat yadayim (washing of hands): Ritual handwashing, varying by context like before meals or after impurity, blessing post-wash but pre-drying.
• Netilat lulav (taking the palm branch): Mitzvah of taking the four species on Sukkot, blessing timing tied to fulfillment.
• Nochri (non-Jew): A gentile, unfit for certain blessings like those including "vetzivanu" (and He commanded us) prior to conversion.
• Over la'asiyasan (passing over to its performance): Timing of a blessing immediately before or during a mitzvah's fulfillment, ensuring it precedes completion.
• Rov (majority): Principle that an uncertain item follows the statistical majority of prior uses in a container.
• Shechitah (slaughter): Ritual animal slaughter, with pre-act blessing.
• Shehecheyanu (who has kept us alive): Blessing for joyous occasions or first-time mitzvot, not recited here.
• Tebilah (immersion): Ritual immersion in a mikveh for purification, with blessings post-act in certain cases.
• Tebilat ger (immersion of a convert): Ritual immersion marking conversion to Judaism, after which the ger can fulfill mitzvot as a Jew.
• Vayimatze (and it was found): Narrative phrase in Yosef's cup story (Genesis 44:12), linked to vayechapes (and he searched), teaching that finding requires searching.