Monday, May 19, 2008

ones vs. derech rechoka: the obligation to bring Pesach Sheni

The Rambam (korban pesach ch. 5) writes that a peson who missed Pesach Rishon b'ones and then b'meizid skips Pesach Sheni is chayav kareis. Yet, a person who was b'derech rechoka, too far from Yerushalayim to offer Pesach Rishon, and then skips Pesach Sheni b'meizid, is not chayav kareis. Ra'avad asks: why should there be any difference between these two cases?

Lomdus fans will like this one. Apparently the Rambam held that the ptur of ones and the ptur of derech rechoka are categorically different. Someone who was ones had a chiyuv to bring Pesach Rishon but was exempt due to circumstance; failing to make-up the chiyuv on Pesach Sheni renders one liable kareis for missing that original chiyuv. Someone who was b'derech rechoka is considered to have had no obligation whatsoever to bring Pesach Rishon. The opportunity to offer Pesach Sheni is a new obligation which does not carry the penalty of kareis.

3 comments:

  1. it almost sounds like the Rambam is splitting the shitos of the tanaaim of what pesach sheini is -- tashlumin, takanta de-rishon or regel bifnei atzmo. Now it is not entirely clear how the rambam paskens but the conventional wisdom seems to be that he paskens like rebbe, who holds regel bifnei atzmo (le-inyan katar shenisgadeil and ger shenisgaeyer) but the different approaches re: kareis make it sound like it taluy on the machlokes tanaaim (been a long time since I looked at the sugya be-iyun so this may all be discussed already).

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  2. Anonymous10:38 PM

    The b'derech rechokaPerson is like the boy who becomes Bar Mitzvah in between Pesach and Pesach Sheni, Since he had no chiyuv originaly there is no din of Tashlumin

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  3. anon18:36 AM

    right -- so for tamei and derech rechoka, pesach sheini is a regel bifnei atzmo (like shitas Rebbe), as well as for the ger and the bar mitzvah, but for other onsin, Pesach Sheni is tashlumin or a takanah for Pesach Rishon. It's just an interesting idea (and probably not the pashtus of the gemara that Pesach Sheni works differently for different people).

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