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The Mishnah

פסחים ח׳Pesachim 8

Perek 8 of 10 in Pesachim — 8 mishnayot

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Mishnah 1א׳

הָאִשָּׁה בִּזְמַן שֶׁהִיא בְּבֵית בַּעְלָהּ, שָׁחַט עָלֶיהָ בַּעְלָהּ וְשָׁחַט עָלֶיהָ אָבִיהָ, תֹּאכַל מִשֶּׁל בַּעְלָהּ. הָלְכָה רֶגֶל רִאשׁוֹן לַעֲשׂוֹת בְּבֵית אָבִיהָ, שָׁחַט עָלֶיהָ אָבִיהָ וְשָׁחַט עָלֶיהָ בַּעְלָהּ, תֹּאכַל בִּמְקוֹם שֶׁהִיא רוֹצָה. יָתוֹם שֶׁשָּׁחֲטוּ עָלָיו אַפֹּטְרוֹפְּסִין, יֹאכַל בִּמְקוֹם שֶׁהוּא רוֹצֶה. עֶבֶד שֶׁל שְׁנֵי שֻׁתָּפִין, לֹא יֹאכַל מִשֶּׁל שְׁנֵיהֶן. מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶן חוֹרִין, לֹא יֹאכַל מִשֶּׁל רַבּוֹ:

A woman — so long as she is in her husband's house — if her husband slaughtered for her and her father slaughtered for her, she eats of her husband's, [so long as she did not specify that she wished her father's. For it is assumed that she wishes to be numbered with her husband's.] If she had gone to spend the first festival [after her wedding] in her father's house, [this being the custom] — if her father slaughtered for her and her husband slaughtered for her, she eats where she likes. [This, in an instance where she had not been in the habit of always "running" to her father's house until now, so that we are in doubt as to her preference.] An orphan for whom caretakers slaughtered [If he had two caretakers and each numbered him for his Pesach], he eats wherever he wishes. A bondsman of two partners eats of neither. [For who granted that the one's half be numbered with the other? There is no amendment for him unless the two agree that he be numbered with one of them.] One who is half bondsman-half free does not eat of his master's, [but of his own. For since the halachah is that we compel his master to write him a writ of emancipation, even though he has not yet been freed, he is regarded as freed and eats of his own.]

Mishnah 2ב׳

הָאוֹמֵר לְעַבְדּוֹ, צֵא וּשְׁחֹט עָלַי אֶת הַפֶּסַח, שָׁחַט גְּדִי, יֹאכַל. שָׁחַט טָלֶה, יֹאכַל. שָׁחַט גְּדִי וְטָלֶה, יֹאכַל מִן הָרִאשׁוֹן. שָׁכַח מָה אָמַר לוֹ רַבּוֹ, כֵּיצַד יַעֲשֶׂה, יִשְׁחַט טָלֶה וּגְדִי וְיֹאמַר, אִם גְּדִי אָמַר לִי רַבִּי, גְּדִי שֶׁלּוֹ וְטָלֶה שֶׁלִּי. וְאִם טָלֶה אָמַר לִי רַבִּי, הַטָּלֶה שֶׁלּוֹ וּגְדִי שֶׁלִּי. שָׁכַח רַבּוֹ מָה אָמַר לוֹ, שְׁנֵיהֶם יֵצְאוּ לְבֵית הַשְּׂרֵפָה, וּפְטוּרִין מִלַּעֲשׂוֹת פֶּסַח שֵׁנִי:

If one said to his bondsman: Go and slaughter the Pesach for me — if he slaughtered a kid, he [the master] may eat it [even though on all the other festivals he was accustomed to use a lamb. Since he did not specify, (it is assumed that) he relies upon him.]; if he slaughtered a lamb, he may eat it. If he slaughtered a kid and a lamb, he eats of the first [and he burns the second. The gemara construes this as applying only to king and queen — some say (that the rationale of their eating the first, etc. is) the fostering of peace in the kingdom; others, because they rely upon their bondsmen and are not particular as to whether they eat kids or lambs. Therefore, not being particular, they eat of the first, fulfilling the obligation therewith. But men in general, who are particular, may eat neither of the first nor of the second, the ruling being that one may not be numbered on two Pesachim at the same time to eat of whichever he likes. For there is no breirah (retroactive discrimination), so that when he wishes to eat of the one, we entertain the reservation that perhaps at the time of slaughtering he did not intend that one.] If he forgot what his master had told him [i.e., He told him "kid" or "lamb," but he forgot which], what does he do? He slaughters the lamb and the kid and says: "If my master said 'kid,' the kid is his and the lamb is mine; and if my master said 'lamb,' the lamb is his and the kid is mine." [The gemara construes this as an instance of one's having gone to a shepherd who was his master's familiar and who, desiring his (the master's) amendment, said to him (the servant): "If your master said 'kid,' the kid is his and the lamb is yours on condition that your master have no rights in it," in which instance the bondsman acquires it. For if not so, whatever the bondsman acquires is acquired by the master, so that both would be his master's.] If his master forgot what he had said to him, both (kid and lamb) are burned, and they (master and bondsman) have no Pesach sheni obligation. [For even though both are burned and not eaten because those numbered for them cannot be discriminated, still, the slaughtering and the sprinkling were valid, one (animal) for one; the other, for the other — as manifest to Heaven.]

…and 4 more mishnayot in this perek.

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Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY