Selection of Mishnayos Relating to Korban Pesach, Seder Night and Korban HaOmer with Running Commentary

This source sheet contains a selection of Mishnayos culled from Mesechtas Pesachim, Zevachim and Menachos. The selections focus on three main public mitzvos associated with the holiday of Pesach. Specifically, the ceremonies and rituals associated with the Korban Pesach--a national and religious highlight during Temple times--Seder Night--which in addition to consuming the Korban Pesach, Matzoh and Maror includes the annual obligation to relive and retell the story of the Exodus to our children--and the Korban HaOmer--recognition of the start of the agricultural cycle.

This compendium is not meant as a comprehensive treatise nor will it cover every possible topic. Rather it serves as an introduction to the holiday and its ceremonies; providing an appreciation of its varied aspects as seen by the Rabbis who lived just prior to and after the destruction of the Beis HaMikdash. It hopefully touches upon many of the most prominent topics and the interested reader is urged to consult the many wonderful Seforim, books and, especially, Haggados, found in your local library to gain a fuller appreciation of the beauty that is the Torah.

Because I have sought to limit this to ceremonial aspects of the Holiday, I have, for now, left out a discussion of ridding oneself of Chametz, leavened products, on Pesach as that is mostly encountered prior to the start of the Holiday.

To assist the reader I have created three additional background source sheets. These contain additional materials which provide necessary background and expanded resources for the interested reader.

Background and additional materials relating to the Korban Pesach section may be found at https://www.sefaria.org/sheets/61230

Additional materials for the Arvei Pesachim section can be found at https://www.sefaria.org/sheets/62470

Additional materials for the Korban Omer section can be found at https://www.sefaria.org/sheets/62889

This running commentary is an amalgam of various commentaries, including my own. Text of the Mishna is from Sefaria. Translations and commentaries used include: Sefaria, R"AV, Tosfos Yom Tov, Peirush HaRamBam L'Mishnayos, Mishna im peirush Siyata D'ishmaya, Yochin uBoaz, Mishna Mefureshes; Mishna with commentary by Chanoch Albeck, Artscroll/Yad Avrohom, Mishnat Yomi by Rabbi Dr. Joshua Kulp, Mishnayos im Biur HaMishna, Mishnayos Tosfos Yom Tov HaMevuar, Mishnas Eretz Yisroel (Safrai), J. Tabory, Moadei Yisroel B'Tekufas HaMishna v'Hatalmud (Hebrew), M. Kasher, Haggadah Shleima (Hebrew), D. Goldschmidt, Haggadah Shel Pesach (Hebrew), Safrai, Haggadah of the Sages; Yaakov Nagen, Nishmat HaMishnah (Hebrew). Inspiration for this project comes, in part, from Mivchar Mishnayos (Hebrew) M. Bar-Yosef (Tel Aviv) (available on Hebrewbooks.org). All mistakes are my own. If you would like this sheet in pdf format or for any comments and/or questions, email me at [email protected].

The Korban Pesach

In describing the holiday of Pesach, the Torah describes what are essentially two holidays, Chag HaPesach and Chag HaMatzos. The former, is celebrated on the 14th of Nissan (i.e., what we call Erev Pesach) and its distinguishing Mitzvah is the bringing of the Korban Pesach. The later, begins on night of the 15th of Nissan when a person is obligated to eat the Korban Pesach alongside Matzoh and Marror as he retells the story of the Exodus from Egypt. This holiday last for seven days and requires, in addition to the affirmative Mitzvos, a person to rid his household of any Chametz. Obviously, these "Chagim" are intertwined in myriad ways and are essentially celebrated as one.

The original Korban Pesach was brought on the eve of the Jewish Nation's exodus from Egypt. The instructions for the first Korban were given to Moshe Rabbeinu on the first day of the month of Nissan. He is told to direct the nation to take a lamb on the 10th of Nissan and to slaughter it on the 14th. The Jews are then to take the blood and smear it on their doorposts--indicating the presence of an Israelite household. The Korban was not meant to be eaten alone. Instead, it was to hurriedly be eaten in groups as they anxiously awaited their imminent departure from Egypt. In subsequent years, the Jews were commanded to recall this seminal event in our Nation's history by likewise bringing a Korban Pesach and having a "Seder."

As we will learn, the Korban Pesach was meant as both an individual expression of gratitude and as a communal recognition of our collective heritage. This duality finds its expression in the rules governing its consumption. On the one hand, the focus on the parent/child dynamic speaks to the intimate nature of the evening and the need to create a personal narrative. On the other, the Torah appears encouraging of creating larger groups to share in consuming the Korban Pesach. But this too requires advance thoughtfulness as one cannot randomly join in a Chaburah.

The Korban Pesach, thanks to its national significance, is featured throughout Tanach--often as part of a covenant renewal or reaffirmation of the Jewish Nation's commitment to Torah and Mitzvos. Its prominence is further attested to in late Second Temple period writings noting the prevalent participation by the people in this Mitzvah.

Introductory Mishnah

The fifth chapter of Mesechtas Zevachim provides a comprehensive summary of animal Korbanos and their basic laws. Specifically, for each Korban the Mishnah lists some, or all, of the following:

• Its Holiness Level: the Torah has a holiness hierarchy for Korbonos. The two basic groups are Kodshim Kalim (the basic level of Kedusha) and Kodshei Kodshim (the higher level of Kedusha).
• Where in the Beis HaMikdash's courtyard (the "Azarah") must the animal be slaughtered;
• The nature of the its blood-sprinkling ceremony (i.e., where must the blood be sprinkled and how many times);
• Whether the Korban is consumed or fully burned on the Mizbeach or otherwise;
• If edible, where can the Korban be eaten, by whom and when?

The last three Mishnayos of the chapter describe the Korban Shelamim and four subsets of Korbanos that fall under its rubric:

1. The Todah: Thanksgiving offering and the Nazir's Ram offering (their rules being identical)
2. The Bechor: the first-born animal given to a Kohein, which absent a blemish, must be brought as a Korban;
3. Ma'aser B'heima: one out of ten newborn animals are specially separated by their owner and used as Korbanos, and
4. the Korban Pesach: the pascal lamb brought on the 14th of Nissan and eaten at the Seder Night meal.

The Korban Pesach is unique in that the rules regarding when it can be eaten, who can eat it and how it must be eaten are unique as well. They are succinctly listed in our Mishna. First, even though it has to be slaughtered during the day, it may only be eaten during a very limited window of time, between nightfall and midnight following its slaughter. Second, participation in the Korban requires forethought and planning and not randomness and carelessness. Therefore, only those people who join the group prior to the Korban being slaughtered may participate. Finally, it may only be roasted and cannot be cooked or eaten raw, you cannot break a bone and it must be eaten alongside Matzoh and Marror.

This Mishna will set the stage for our subsequent explorations in Mesechtas Pesachim as all the selected Mishnayos will deal with these unique aspects of the Korban Pesach.

Question: This Mishna is included in Davening, where? Why are these particular Mishnayos included in our Tefillos?

The Korban Pesach as Reflected in Mishnayos Pesachim

As noted above, the Korban Pesach played an outsize role in the national story of the Jewish people. Tellingly, roughly half of Mesechtas Pesachim concerns itself with the Korban and the myriad details surrounding its sacrifice. We will focus our discussions on the following topics:

• The timing of the Korban Pesach ceremony
• Eligibility to Participate in the Korban Pesach
• The details of the Korban Pesach ceremony
• The unique nature of the Chabura (the prearranged group specifically identified to partake in the particular Korban Pesach)

The following mishnayos are a selection from Mesechtas Pesachim. We will not cover every Mishna related to these topics, but the sampling below will provide sufficient background for these topics. The interested reader is encouraged to further explore these topics and others such as the interplay between Shabbos and the Korban Pesach or the effect of communal impurity and the Korban Pesach.

Introduction to Mishna 5:1

Our Mishna (and the last part of Mishna 5:3) discusses when, on the 14th of Nissan, is the appropriate time to bring the Korban Pesach. As background, the Halachik day is broken down into two, twelve hour periods. Furthermore, the daylight period is broken down into twelve equal parts and, depending on the time of year and the total amount of sunlight hours, each Halachik hour can be more or less than sixty minutes. For our purposes, we will assume that our Mishna is talking about a case when there are exactly twelve hours of sunlight (6am to 6pm), making each Halachik hour exactly sixty minutes.

Each day, two sheep were sacrificed, one in the morning and one in the afternoon. These are called the Korban Tamid and they act as bookends in the Beis HaMikdash's service. No Korban may be brought prior to the morning Tamid and no Korban may be brought after the afternoon Tamid. Although the afternoon Tamid can be brought starting as early as 12:30 pm, they typically delayed bringing the afternoon Tamid until later in the day (2:30 pm) so that anyone needing to bring a Korban had ample time throughout the day to bring their sacrifice.

The Korban Pesach was the only exception. It was brought after the afternoon Tamid. To accommodate both the vast number of general Korbonos being brought and the numerous Korbanei Pesach needing to be slaughtered ahead of Yom Tov, they moved up the time of the afternoon Tamid by an hour (1:30 pm). When Erev Pesach fell on a Friday, they would move it up two hours (12:30 pm) to ensure ample time to even cook the Korban ahead of Shabbos.

Introduction to Mishna 5:3

In addition to bringing the Korban Pesach, there is an additional Mitzvah of eating at least a Kazayis of the Korban (within the appropriate time-span of 2-9 minutes). Therefore, in the first instance, only those who can eat a Kazayis should be included in the Korban Pesach. (See also Mishna 8:3 and 8:7). The person actually bringing the Korban, therefore, should ideally intend to only include properly eligible persons.

Someone who cannot eat at least a Kazayis (such as an older of sickly person) should not be joined into a Chaburah in the first instance. Further, at the time the Korban is brought the designated group must be established so that the Korban is brought for the proper people. Finally, there are certain persons who are not eligible to eat from the Korban including someone who has not had a Bris Milah or is Tamei.

Part one of our Mishna tells us that if a Korban Pesach was brought exclusively for people who cannot eat a Kazayis, the wrong Chaburah or ineligible people, the Korban is Pasul. If brought for both eligible and illegible people than the Korban is Kosher but it is not preferable. In the first instance, only those that can eat a whole Kezayis should be designated for the Korban.

Part two of the Mishna is a continuation of Mishna 1. As noted the Korban Pesach and the Tamid needed to be brought in the afternoon ("בין הערבים") and the Tamid was supposed to be brought first.

בין הערבים was defined to be when the sun's angle begins casting a shadow to the east. Technically, this happens just after midday, however, the Chachomim required them to delay until 12:30 to make sure that it was afternoon. A Korban Pesach brought before Noon is Pasul. If brought before the Tamid, it was Kosher, but you needed to wait to sprinkle the blood until after the Tamid's blood was sprinkled on the Mizbeach.

Introduction to Mishnayos 5-7

The next three Mishnayos describe in detail the pomp and circumstance surrounding the bringing of the Korban Pesach in the Beis HaMikdash. ​As described, the Pesach festival brought out the multitudes of people and to accommodate all the people, the operations of the Beis HaMikdash were modified to streamline the processing of all the Korbanei Pesach.

To prevent overcrowding in the Azarah, the Kohanim would divide the people into groups. From the Torah's use of the terms " קהל, עדת, ישראל" the Chachomim learned that there should be three groupings of Korbonos with each group consisting of no less than thirty people/Chaburos. As the Mishna later suggests, it was rare that the final, third group would fill up the Azarah.

Like with all Public Korbonos (Korbanei Tzibbur) the Kohanim would punctuate the service with blasts from silver trumpets. While the trumpets were typically used during the wine-libation ceremony, for the Korban Pesach (which did not include wine) they would blow them during the slaughtering process.

Once slaughtered by its owner, like all Korbonos, the blood was collected by a Kohein in a silver or gold beaker and brought close to Mizbeach where it was then sprinkled/splashed against its side. These beakers were rounded on bottom to prevent placing them on the ground where the blood could congeal. The Kohanim would stand in assembly line form and would each other the full beaker until it reached the Mizbeach where the final Kohein would pour it on the base of the Mizbeach. He would then return the empty beaker to the Kohein in the next row--keeping the flow of blood circulating through the Azarah.

Finally, the Mishna tells us that throughout this process the Leviim would be singing Hallel in a continuous loop.

Introduction to Mishna 7:13

As noted above, in order to partake in a particular Korban Pesach, a person needed to be designated a member of the Chaburah. Moreover, once the designation period was closed (at the time of slaughtering the animal) a person was tied to his Chaburah and no further people could be added.

Furthermore, a single Korban Pesach may be split up into multiple Chaburos (i.e., a Chaburah can split in half with each new Chaburah taking half the animal). However, a person was still prohibited from switching Chaburos (even though he was designated for this animal) nor could the meat of one Chaburah be fed to a member of the other Chaburah. The Chachomim were so strict regarding the separation of Chaburos that they took steps to ensure that there was not even a suspicion that a person was partaking in two Chaburos. Further, if a Kazayis of meat from one Chaburah "traveled" outside the Chabura it would be have the same Din as Kodshim having left Yerushalyim and would be Pasul.

Given the multitudes of people in Yerushalyim during the Chag, it was often the case that two Chaburos would be occupying the same space. Our Mishna discusses the practical realities of two Chaburos eating side by side and how they can avoid tripping over this prohibition. The person potentially most affected was the waiter--for while part of one Chaburah, he was still required to assist the members of the other Chaburah. The Chachomim required that the members of the Chaburah face each other while eating the Korban Pesach and if the waiter was required to assist another Chaburah, he was directed to shut his mount and stop chewing until he returned (this so that people would not suspect him of partaking in two Chaburos).

Nonetheless, the Chaburos were allowed to utilize common facilities (e.g., hot water urn) and a dispensation to turn aside was made for a Bride who may have felt uncomfortable and self-conscious with everyone in the Chaburah staring at her while she ate the Korban.

Seder Night as Reflected in Perek Arvei Pesachim

The Seder Night is perhaps the most widely celebrated Jewish ritual and the Haggadah the most commentated on work of Jewish liturgy. Its resounding messages of personal and national freedom, Divine Providence and Intervention, recompense for historic wrongs and promises of a brighter future find expression in each era, time and place allowing each individual and community to meaningfully connect to the holiday. Importantly, the ritual itself is meant to establish an atmosphere where one can relive that historic night—palpably sensing the imminent Exodus.

Seder Night, or ליל התקדש חג, is the culmination of weeks of exhaustive preparation. During Temple times the pilgrimage to Yerushalyim (עליית הרגל) and preparation of the Korban Pesach were the main focus of the people. Scholars suggest that the formal structure we know today was implemented only after the destruction of the Beis HaMikdash and that during Temple times the celebratory evening consisted of the family unit eating the Korban Pesach, Matzoh and Maror together in one's home while relating the story of Yetziyas Mitzrayim. Afterwards, everyone would make their way to the rooftops of Yerushalayim where they collectively would sing Hallel overlooking the Beis HaMikdash.

After the destruction, and in the absence of the Korban Pesach and its attendant celebration, the Rabbis and the nation looked to refashion the evening for a nation un-anchored from its land and history. To do so, meant diverting the focus from the Korban Pesach to the other elements of the night, such as the Matzoh, Marror and סיפור יציאת מצרים. Nonetheless, evidence remains of the central role the Korban Pesach continued to play post-destruction including, Rabban Gamliel's imperative to discuss the Korban, the inclusion of the question in Ma Nishtana and evidence that Jews continued to bring a Korban Pesach or a non-Korban substitute well after the destruction. Over the years, the Seder has evolved into a precise ritual of text, food and Hallel. It even contains its own table of contents/checklist.

Undoubtedly, our Seder meal mimics what one imagines a typical "Korban" meal may have looked like. The foods and liturgy may be different but the celebration was the same. Importantly, in developing the evening's festivities, the Rabbis, did not directly co-opt the model of the Greco-Roman "Symposium" (a formal meal at which the participants would drink wine, recline and partake in philosophical discussions). Rather, in developing a festive meal celebrating our freedom, they likely drew inspiration from the surrounding culture as to what constitutes such a meal. So drinking wine, reclining, dipping various foods and engaging in formal discussions were natural elements to be included.

The actual liturgy of the Haggadah was developed over the centuries but its core can already be found in the Mishna. We find mention of the מה נשתנה, the need to be דורש the passage of ארמי עובד אבי, Rabban Gamliel's directive to mention and explicate the three Mitzvos of the night: Korban Pesach, Matzoh and Maror and a discussion over the proper Berocho to make at the end of Magid. Some of these segments existed prior to the destruction of the Beis HaMikdash while others were added or altered afterwards.

The difficulty in translating Perek Arvei Pesachim is that it is easy to fall into the trap of seeing our current practices in the words of the Mishna. Many commentators have struggled to unify both the Mishna's words and common practice—essentially conflating the two. Evidence of this conundrum can be seen by the many additions and alterations to the Mishna's text to reflect later practices. Sometimes it’s the addition of a word or two; other times, it’s the inclusion of a copyist's note into the text itself. We will make an attempt to create a commentary as close to the text as possible. When dueling translations make equal sense, both will be noted.

What is clear, is that the Seder Night is an intricate amalgam of three elements: specialized and ritualized food and drink, the formal retelling of the Exodus story and exuberant praise for Hashem and the goodness He has shown us. How these three elements blend together into a considered whole is the main topic of our Perek.

A companion source sheet listing additional texts including passages from our standard Haggadah can be found at http://www.sefaria.org/sheets/62470.

Introduction to Mishna 10:1

The Seder Night was filled with anticipation. Anticipation for the Korban Pesach, for the Matzoh, Marror and the communal celebration. To ensure full participation in all the Mitzvos of the evening--especially for the Mitzvos directed at eating, the Chachomim instituted a ban or a curb on excessive eating starting from a half hour prior to Mincha Ketana (which we noted above was 3:30, so the ban started at 3:00). This would ensure that people had sufficient capacity to eat and fulfill the mitzvos of the night.

We find a similar concept in Shabbos 1:2-3 where the Chachomim banned certain activities close (i.e., half an hour prior) to Mincha or Shabbos. It seems that prior to the advent of clocks and watches when time could be more accurately tracked, a safe rule of thumb was to extend periods by half an hour.

Separately, the Mishna tells us that one must wait until nightfall to begin eating and that even a poor person must wait until he is settled in and leaning to his side before he begins eating (even though he may not have eaten all day).

Finally, the Mishna informs us that everyone must have no less than four (4) cups of wine during the Seder even is he is so poor that he generally is eligible to receive his daily food from the Tamchoi (the communal food plate).

Introduction to Mishna 10:2

Like all Shabbos and Yom Tov meals, the Seder Night begins with Kiddush. The Chachomim instituted that Kiddush be recited on wine (and if no wine is available, bread may be substituted). The Kiddush has two main components: the blessing on the wine and the blessing over the day itself (i.e., the fact that Hashem has chosen us and set aside this special time for us).

Our Mishna relates a dispute Beis Shammai and Beis Hillel over the proper order of the blessings. This Mishna is repetitive of the Mishna in Berochos 8:1 (although query which is the "real" Mishna) where the same dispute is described. Beis Shammai requires the blessing on the day to be said first since it’s the special nature of the day itself that is causing us to make the blessing on wine. Beis Hillel's view, however, is that but for the presence of the wine, Kiddush would not be said, hence the blessing on wine takes priority.

* The reference to "him" suggests that only the leader of the Seder need make Kiddush or do any of the other actions discussed throughout the MIshnayos in this Perek. Obviously, our practice is that everyone participates fully in the Seder night.

Introduction to Mishna 10:3

Mishna 3 is perhaps the hardest to decipher in our Perek. What is clear is that the Mishna is telling us about the various foods that are presented during the Seder Night. The confusion stems from the opening language of the Mishna and the words "מטבל בחזרת" and the double use of the words "הביאו לפניו". The commentators struggle to understand what does it mean to dip "in" the lettuce and what are the "two" items brought in front of him. Some commentators suggest that the Mishna is referring to the table which is brought in front of him. It first simply contains lettuce and then other items are added. Others suggest that they bring the entire table and then removed it, all to generate children's questions.

The next question is what exactly is he dipping and into what? The use of the letter ב is confusing because if what he is doing is dipping the lettuce into something it should have said "החזרת". Further, is he dipping the lettuce into Charoses (which would be duplicative of the Maror ceremony) or is he dipping into salt water like we do today? Finally, until when does he dip? Two main understandings have emerged from the commentators. Either פרפרת means the Maror [technically it means appetizer—see Mishna Berochos 6:5] which follows the Matzoh--the meaning of the Mishna being "he dips (and eats) the lettuce (and no other vegetable) until he reaches the Maror. Or, it means "to crumble" (i.e., to break the Matzoh) and the Mishna is read as follows: He dips/eats the lettuce up until he crumbles the Matzoh (at which point he uses the lettuce for Maror).

Finally, the Mishna tells us that besides for the Matzoh and Maror, they bring him Charoses (and the Mishna relates a dispute whether Charoses is a “Mitzvah” (obligatory)) and two cooked foods (representative of the Korban Chagigah and Korban Pesach). During the times of the Beis HaMikdash, they would bring him the actual Korban Pesach.

I note that Albeck suggests that the entire first clause, up until the second "הביאו לפניו" is extraneous and, in fact, was a scribal note accidentally copied into the text at some point (i.e., a copyist explaining what you might do with the Chazeres). While I am hesitant to strike words from the Mishna, it makes intuitive sense and solves many of the issues the commentators have with our Mishna while not detracting from the Halacha as we know it.

Introduction to Mishna 10:4

The Mishna now turns its attention to what can be seen as the core of the Seder Night as reconstituted by the Chachomim: the Mitzvah of סיפור יציאת מצרים. Although there is a Mitzvah to mention the Exodus from Egypt each day (and each night), the Chachomim understood (based on the Pasuk) that there was an additional and specific Mitzvah of retelling the story to our children on the night of Pesach. Furthermore, again basing themselves on the Pasuk (such as וְהָיָ֞ה כִּֽי־יִשְׁאָלְךָ֥ בִנְךָ֛ ), the Chachomim insisted that the pedagogical system of question/answer be utilized in that process and over the years, a formalized set of questions have been established. Importantly, these should not be the only questions asked on the Seder Night. They are meant to prompt further discussion among the participants.

Two things seem evident from the order and words of our Mishna. First, it would seem that "Magid" was first said after the Matzoh, Maror and meal were eaten making the questions in the Mah Nishtana reflective of the real life situation just experienced at the table. Second, it seems that rather than serving as the text of the son's questions, the Mah Nishtana were prompts used by the leader to engage the children in a discussion—eliciting further questions from those present. Over time, the roles were reversed and the child started saying the Mah Nishtana.

The text of our Mishna somewhat reflects the current version of our Mah Nishtana--however we swap out the question about roasted meat for leaning at the table. The original version contained only three questions:

מַה נִּשְׁתַּנָּה הַלַּיְלָה הַזֶּה מִכָּל הַלֵּילוֹת?

שֶׁבְּכָל הַלֵּילוֹת אָנוּ מַטְבִּילִין פַּעַם אֶחָת - והַלַּיְלָה הַזֶּה שְׁתֵּי פְעָמִים

שֶׁבְּכָל הַלֵּילוֹת אָנוּ אוֹכְלִין חָמֵץ וּמַצָּה, והַלַּיְלָה הַזֶּה - כֻּלּוֹ מַצָּה

שֶׁבְּכָל הַלֵּילוֹת אָנוּ אוֹכְלִין בשר צלי שלוק ומבושל, והלילה הזה כלו צלי

The first question reflects the reality that during the period this was written it was common to serve appetizers, including vegetables, prior to the meal. The anomaly on Pesach night was that they were served again during the meal. Notably, there is no separate question for Maror in the original text. The second question regarding Matzoh we are familiar with. The last question reflects either the memory of or the current practice of eating roasted meat (either as a Korban or a Korban substitute) at the Seder to commemorate the Korban Pesach. The Chachomim eventually put an end to that practice out of concern, in part, that one may inadvertently designate the meat as a Korban.

Next, the Mishna sets out the parameters for the night's discussion. We are to start off discussing the more shameful aspects of our history while concluding on a high note. Where to begin is a Talmudic dispute between Rav and Shmuel. Shmuel says we begin by telling how our ancestors were slaves in Egypt (עבדים היינו). Whereas Rav focuses on the spiritual depths of our history when our ancestors were idol worshipers (מִתְּחִלָּה עוֹבְדֵי עֲבוֹדָה זָרָה). More likely than not, these paragraphs constituted older parallel texts to the אֲרַמִּי אֹבֵד אָבִי Darasha that the Mishna refers to next and the Amaroim wanted to include these as well in the official text.

Finally, as noted, the Mishna tells us that there is an obligation to recite and expound on the verses of אֲרַמִּי אֹבֵד אָבִי. These Pesukim are found in the Parsha of Bikkurim--and are part of the declaration a person bringing Bikkurim (the First Fruits) was required to say at the Beis HaMikdash. Not only do these verses provide the briefest of national history overviews, these were well known verses making them the perfect vehicle to fulfill the Seder Night's obligation to retell the story. While it is unclear which Midrash the Mishna is referring to it is clear that it was something well known at that time. The Midrash we use (which can be found in Sifrei Devarim chapter 301) likely incorporates part, if not all, of the original Midrash.

* Perhaps what is underlying this question is the fact that the Korban Pesach most commonly resembles the Korban Todah, the Thanksgiving Offering. Both are Shelamim and are meant to be eaten in groups within a shortened time period. However, unlike the Todah which, along with the Korban itself, one brought both Chametz and Matzoh breads, the Pesach only had Matzoh. Any person familiar with the workings of the Beis Hamikdash and the Korbonos would find this strange--prompting a question. If this is true, it would suggest that the formulation of these questions is ancient--from the time of the Beis HaMikdash itself.

Introduction to Mishna 10:5

Mishna 5 is an interesting Mishna. First, Rabban Gamliel's* Halacha--that in order to fulfill your obligations of וְהִגַּדְתָּ֣ לְבִנְךָ֔ בַּיּ֥וֹם הַה֖וּא one must specifically mention and explain Pesach, Matzoh and Marror--itself becomes part of the liturgy. Of course, in the Haggadah, Rabban Gamliel's statement is transformed into question form and the answers are embellished with support from Pasukim.

Second, the next two parts of the Mishna appear not be part of the original text but were later additions. Note that the Mishna itself does not say one "should say these words," but they have definitively become part of the liturgy itself. The last part of the Mishna appears to be a transition from the Mitzvah of Sippur to the Mitzvah of Hallel.

*There is some debate as to which Rabban Gamliel our Mishna is referring. It may be the later Rabban Gamliel of Yavneh or his great-grandfather, who lived at the end of the Second Beis HaMikdash.

Introduction to Mishna 10:6

We saw that during the times of the Beis HaMikdash, the Levi’im would sing Hallel while the people slaughtered their Korbanei Pesach. However, on the Seder Night there is a separate Mitzvah to say Hallel as part of the meal itself. From the Mishna it seems that Hallel was split into two parts. The first one or two chapters being said prior to Birchas HaMazon and the second (and bulk of the chapters) part, afterwards. Beis Shammai and Beis Hillel argue whether the second chapter of Hallel, בצאת ישראל , is said in the first part.

Second, the Mishna tells us the rule that a blessing is said at the conclusion of the Haggadah. Rabi Tarfon and Rabi Akiva argue as to the precise nature and text of the blessing. Our common practice is to combine both of their views in one long Blessing.

Introduction to Mishna 10:7

Mishna 7 concludes the Seder evening and describes the final two cups of wine. The third cup of wine is used for Birchas HaMazon while the fourth is used to complete the second part of the Hallel. The Mishna mentions that Hallel concludes with "Birchas HaShir" which either means the standard יהללוך we say at the end of Hallel service or it means נשמת כל חי. In practice, we say both--a practice the RamBam found praiseworthy.

Finally, the Mishna tells us that one cannot drink extra cups of wine between the third and fourth cups (and likely between the first and second). But one may drink between the first set and the second (i.e., during the meal--this interpretation assumes that the meal comes after Magid).

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 kicks in 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.

* The change in terminology from Pesach to Omer is discussed in the Jerusalem Talmud (Yerushalmi). Some version flip the order referencing the Omer with respect to Chadash and Pesach regarding harvesting.

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.