Selection of Mishnayos Relating to Korban HaOmer (5780)

This source sheet is the second part of in a Series of source sheets focusing on different aspects of the Holiday of Pesach as seen through the Mishnah. This sheet will focus on the Mitzvah of Korban Omer.

Color Code for the Mishnah: Case: Black; Ruling: Green or Red; Name of Tanna: Gold; Reason: Blue; Condition: Purple; Proof: Grey ; Rule: Fuscia

Introduction to Mishna 10:3-4

The following two Mishnayos describe the process of harvesting, preparing and bringing of the Korban Omer. It would start prior to Pesach when the court would send out people to bundle the grain (while it was standing) so that it would be easier and faster to reap at night. The barley had to be roasted before being ground and sifted (13 times!). Once the flour was made it was mixed with oil, layered with frankincense, waived and a portion was offered on the Alter. The rest would be eaten by the Kohanim.

The Mishna describes the fanfare associated with the harvesting ceremony. People would gather on the night after the first day of Pesach in the fields outside Yerushalyim and watch as the barley was harvested. There was significant audience participation in this event and the mood was particularly joyous. There were a number of reasons for this. First, as noted, the harvest took place during the holiday of Pesach and the people were already in a joyous mood. Second, the Omer signified the start of the harvesting season. Third, as specifically mentioned in the Mishna and as is described in detail below, the proper date of the Korban Omer was a point of contention and the Chachomim, by including the general population, sought to solidify their viewpoint that the proper date to bring the Korban Omer was the eve of the 16^th of Nissan.

Because the Korban Omer was a public offering, the barley from which it was brought was paid for by the public coffers (See Shekalim 4:1). Because only a small portion of the extracted flour was needed for the Korban Omer, the residual could be purchased and redeemed by anyone. Once redeemed, any dough made from the flour was subject to the obligation of Challah [the requirement to give a potion of every dough to the Kohein]. The end of Mishna 4 describes a dispute over whether the redeemed flour is obligated in Terumos and Maasros. The Chachomim say it is not obligated since at the time the obligation comes into being (i.e., the obligation to give Terumos and Ma'asros arises once the winnowed pile of grain is smoothed over) the grain was owned by Hekdesh. Whereas, according the Rabi Akiva, from the onset, Hekdesh only wanted to purchase the limited amount of flour needed for the Korban, therefore, the residual flour was never purchased by Hekdesh--hence the flour was subject to Ma’asros from the very beginning.

The Different Jewish Sects

Towards the second half of the second Beis HaMikdash a number of different groups (sects) of Jews developed, including the Tziddukim (Saducees), Boethusians and Essenes. The Chachomim were known as Peirushim (Pharisees). Throughout the Mishnayos we find a number of disagreements between these groups and the Chachomim. One of the most famous and contentious fights was over the day on which the Korban Omer was to be brought.

Traditional sources relate that the Sadducian sect was started by a wayward student of Antigonus Ish Socho named Tzadok. He misinterpreted one of his Rebbe's teachings and could not reconcile it with his faith. It is commonly misunderstood that that the Sadducees only believed in or followed exclusively the Torah Sh'beksav, the Written Torah (like the Karaites of the Middle Ages). However, as it appears in various Mishnayos, while they had their own distinctive way of explicating the Torah and its laws--often adhering to a more Peshat level understanding of the text--they did have an interpretive tradition. Many of their leaders were active in the Beis HaMikdash and the Beis Midrash and, more importantly, there likely was not a singular set of Halochos they all followed. In addition, while not identical, the Qumran sect espoused similar Halachik positions. See generally, Eyal Regev, הצדוקים והלכתם: על דת וחברה בימי בית שני, יד יצחק בן צבי, ירושלים תשס"ה and Yair Furstenberg, "קובלין אנו עליכם פרושים: לעיצובה של תמונת העולם הפרושית במשנה", א' רוזנק וד' שרייבר (עורכים), ההלכה: הקשרים רעיוניים ואידיאולוגיים גלויים וסמויים, מגנס וואן ליר, ירושלים תשע"ב, עמ' 283-211

Korban Omer

In describing the day on which to bring the Korban the Torah uses the term "מִֽמָּחֳרַת֙ הַשַּׁבָּ֔ת," the day after "shabbos." The Chachomim had a tradition that this meant the day after the first day of Pesach (i.e., the second day of Pesach). Whereas, the Boethusians, relying on a literal translation of the words held that the Korban was meant to be brought on the Sunday following the first day of Pesach (this would mean that the date of the Korban was not fixed and it would depend on when Pesach fell--but it would always be a Sunday, as would Shavuous). Importantly, this also meant that according to the Boethusians the harvesting of the Omer would never fall on Shabbos, requiring the potential desecration of Shabbos, something they generally would try and avoid at all costs.

The only time these two group would agree that the Korban be brought on the same day was when the first day of Pesach fell on Shabbos. Then, according to all, the Korban Omer was brought the next day, Sunday, the second day of Pesach. In order to make sure this would happen, the Boethusians would try to make sure that Rosh Chodesh Nissan fell on a Shabbos--at times that would mean having witnesses say they saw the new moon on Friday night even if they had not. Our Mishna tells us that once this started happening, the Beis Din would only rely on witnesses that were known not to be Boethusians. (See Rosh Hashana 2:1)

Notably, we do not find specific cases of the Pharisees directly challenging the logic of the Sadducian Halacha, rather, you find numerous instances of the Pharisees (and the later Chachomim) taking actions to indoctrinate their own views and solidify its practice. For example, our case of the harvesting of the Omer, the procession and the triple repeat of the instructions ensured that no one forgot the law. Similarly, we find the Chachomim admonishing the Kohein Godol prior to Yom Kippur to properly observe the Incense Service. Finally, when it came to the Parah Adumah, the Chachomim would specifically make the Kohein designated to burn the Heifer a "T'vul Yom" so as to clearly indicate that the Halacha was not like the Sadducees.

Introduction to Mishna 10:7

The Chachomim identified five main grains: wheat, barley, spelt, oats* and rye which are subject to a number of Halachos. These grains can be used for Matzoh and, alternatively, can become Chametz. Dough made from these grains are subject to the laws of Challah.** According to our Mishna, the dough need not be made from a single grain--in other words you can combine grains to make Challah-eligible dough.

The bringing of the Korban Omer acts as a trigger to permit two, otherwise prohibited actions. First, the Mishna tells us that these grains are subject to the rules of Chadash. The Pasuk tells us וְלֶחֶם֩ וְקָלִ֨י וְכַרְמֶ֜ל לֹ֣א תֹֽאכְל֗וּ עַד־עֶ֙צֶם֙ הַיּ֣וֹם הַזֶּ֔ה עַ֚ד הֲבִ֣יאֲכֶ֔ם אֶת־קָרְבַּ֖ן--it is prohibited to eat from these new grains prior to the bringing of the Korban Omer. This prohibition applies even nowadays--even without a Beis HaMikdash. As we will see in Mishna 5, this prohibition lasts until day’s end on the 16^th (or 17^th) of Nissan. Then, all new grain is permissible to consume.

Second, the Pasuk tells us that the Omer is to be from the first harvest. וַהֲבֵאתֶ֥ם אֶת־עֹ֛מֶר רֵאשִׁ֥ית קְצִירְכֶ֖ם. By implication, this means that you are prohibited from harvesting anything prior to the cutting of the Omer. Once again, the harvesting of the Omer permits subsequent harvesting of all grain.

Finally, the Mishna expands on the topic of Chadash and explains that in order for the grain to be "freed" by the Korban Omer, it must have taken root prior to the bringing of the Korban. Otherwise, it will remain prohibited until after the following year's Korban if offered.

This exact Mishna is repeated in Challah 1:1 (with a slight change to the introduction leading some to suggest that that Mishna is a combinatin of our Mishna with an additional introductory phrase that, at one point, was the entirety of the Mishna in Challah).

* As of late, there are some who have questioned the identity of oats as on of the five grains.

**From every dough measuring at least 43 1/5 egg's in volume, you are required to set aside a portion of the dough for the Kohein.

Introduction to Mishna 10:6

As we learned in Mishna 7, the bringing of the Korban Omer triggers the permissibility to both harvest and consume the new grain. Importantly, this was limited to the general population. For purposes of the Beis HaMikdash (i.e., for Korbonos), the new grain was only permitted to be used only after the "Shtei HaLechem," the two leavened loafs, were brought at the end of the counting of the Sefirah (i.e., Shavuous). Nevertheless, if the grain was used between the Omer and the Shtei HaLechem, the Korban was valid. If, however, the new grain was used prior to the Omer, than the Korban is invalid.

Introduction to Mishna 10:5

As we learned in Mishna 7, it is prohibited to harvest any grains prior to the harvesting of the Omer. Once the Omer was harvested, however, you are allowed to harvest other grains. According to our Mishna, it seems that as soon as the Omer was offered the marketplace would be flooded with flour and grain from the new harvest. For this to happen, it meant that the farmers spent the night, after the Omer was cut, harvesting their fields and bringing the product to market. Our Mishna records a dispute between Rabi Meir and Rabi Yehuda whether this was appropriate behavior (i.e., should the merchants have waited some amount of additional time before offering their wares for sale).

According to Rabi Meir, the Chachomim extended the prohibition on harvesting until after the Omer was offered on the Mizbeach because they were afraid that if you allowed people to harvest the grain right way, they may inadvertently eat the grain prior the Omer's offering--which is biblically prohibited. Rabi Yehudah did not share that concern and even seemingly encouraged the grains' immediate appearance.

As noted, the offering of the Korban Omer was the triggering event permitting the consumption of the new grain. During the times of the Beis Hamikdash, for those living in and near Yerushalyim it was easy to ascertain when the Korban was brought, allowing the consumption of new grain. For those further away, they waited until Noon to eat the new grain because surely by then the Omer would have been brought.

In the absence of the Beis HaMikdash when are you allowed to eat the new grain? According to Rabban Yochanan Ben Zakkai, the grain is permitted starting at daybreak of the 16th of Nissan. However, if people grew accustomed to eating the new grain immediately, there was a concern that when the Beis HaMikdash would be rebuilt they may forget to wait until the Korban Omer was offered--resulting in a violation of a biblical prohibition. Therefore, he instituted a rule that you must wait until the eve of the 17th of Nissan (or 18th outside of Israel) before eating the new grain.

Rabi Yehudah, on the other hand, understood the words עַד־עֶ֙צֶם֙ הַיּ֣וֹם הַזֶּ֔ה עַ֚ד הֲבִ֣יאֲכֶ֔ם אֶת־קָרְבַּ֖ן as providing two trigger points. When there is a Beis HaMikdash, the bringing of the Korban frees the grain. However, in the absence of the Beis HaMikdash, you have to wait the entire day. As a practical matter, both Rabi Yehudah and Rabban Yochanan ben Zakkai require you to wait until the eve of the 17th of Nissan.

For an article summarizing the Takkanah of R' Yochanan ben Zakkai on Chodosh, see Prof. Eliezer E. Goldschmidt, Rabban Yohanan ben Zakkai's Regulation on New Grain [Hebrew], Hama'yan, Vol. 221, Nissan 5777 [57:3], pp10-19. http://www.machonso.org/hamaayan/?gilayon=45&id=1332

One view is that rather than extending a prohibition, in the absence of the korban Omer and it's inherent ability to permit Chadash, it was not clear how or when Chadash would become permitted in the new era. Rabban Yohanan ben Zakkai's core teaching was that the grain, in fact, becomes permitted immediately upon daybreak on the 16th of Nissan. He then instituted his decree to wait the extra day to both inculcate a sense of yearning for the Beis HaMikdash and to prevent a potenital violation of a biblical prohibition.

Introduction to Mishna 10:9

As noted above, no grain was to be harvested prior to the harvesting of the Korban Omer. The biblical prohibition, however, was limited to harvesting from fields whose grains were otherwise eligible to be used for the Korban Omer. (see Mishna 10:8). Our Mishna sets out a number of other exceptions. First, is grain growing among saplings. Since such grain is not eligible to be brought for the Korban Omer and if you let the grain grow it may damage the saplings, we allow you to remove it (and you do not have to worry that you will eat such grain prior to the Omer being brought). The second exception is when the harvest is being done for non-personal reasons, such as a Mitzvah. Our Mishna posits two cases of harvesting in aid of a Mitzvah. First, it is to clear an area where mourners can gather and people can make the appropriate blessing. Second, to clear an area so that more students may study Torah. Importantly, even when permitted to harvest, one must not do so in the regular way. He should not tie the stalks into bundles, but rather let them remain loose.

The Mishna then continues with a series of "best practices" one should try and undertake when bringing the Korban Omer. Importantly, if you cannot fulfill any (or all) of them the Korban may still be brought. The most intriguing one is that if the grain cannot be harvested by night, it may be done by day. This is seemingly in contradiction to the Mishna in Megillah 2:6 which counts the harvesting of the Omer among those Mitzvos to be done at night.

Finally, like with all public offerings, the Mishna tells us that the bringing of the Korban Omer (including the harvesting, processing and offering) pushes aside any prohibition Shabbos may impose.* Obviously the Boethusians would not agree.

*The Gemara records a dispute whether the reference to permissible actions on Shabbos includes even harvesting the Omer or whether it is limited to offering the Omer (but harvesting may not be done on Shabbos). The reason to exclude harvesting is since harvesting may be done by day (if need be) it remains prohibited to harvest on Shabbos--this presumes that the "day" also includes the day prior to the 16th (i.e., the 15th--or rather, the 14th of Nissan). Based on this, the Meforshim take exception to the RAMBAM's ruling that the Korban Omer may, if need be, harvested by day and that its harvesting also pushes aside Shabbos.