Siman - Pesachim Daf 41
- אין מבשלין את הפסח
The Mishnah on Daf 40b stated, אין מבשלין את הפסח לא במשקין ולא במי פרות – One may not cook the pesach, neither in liquids nor in fruit juices. A Baraisa discussing the source for this ruling taught, במים – The passuk states, You shall not eat of it [the pesach]…cooked in water. אין לי במים שאר משקין מניין – based on the passuk, only a pesach cooked in water is forbidden to eat, from where do I know that it may not be eaten if it was cooked in other liquids? It is a kal v’chomer. Since water which is not מפיגין טעמן- it does not impart its flavor to the meat, yet the meat is forbidden to eat, then other liquids which do impart their flavor to their meat, לא כל שכן – should the meat not be forbidden all the more so? Rebbe disagrees and says that the source is from the passuk, ובשל מבשל – or cooked, cooked. The extra word comes to teach that it is forbidden in any circumstance, i.e. even if cooked in other liquids. The practical difference between these two sources is צלי קדר – a pesach made as pot roast, where it is only cooked in its own fat. According to the Tanna Kamma it should be permitted since it is not flavored by external liquids, and therefore the kal v’chomer does not apply. According to Rebbe it is forbidden because it was cooked in a liquid.
- פסח שמבשלו בחמי טבריא
Rav Chisda said: המבשל בחמי טבריא בשבת פטור – One who cooks something in the hot springs of Teverya on Shabbos is patur, פסח שבשלו בחמי טבריה חייב – However, one who eats a pesach that was cooked in them is chayav. The Gemara asks what the difference is. If one is not liable for cooking in these springs on Shabbos דתולדות אש בעינן וליכא – because we require a derivative of fire and that is lacking, then with regard to the pesach as well, the spring is not a derivative of fire and therefore one should not be liable for eating a pesach that was cooked in it. Rava answered that Rav Chisda meant that one is chayav, דקא עבר משום צלי אש – because he transgressed the mitzvah to eat the pesach only if it was roasted by fire.
- How many sets of lashes?
Rava said, אכלו נא לוקה שתים – If one ate the pesach partially roasted he gets two sets of lashes. Rashi explains that he is lashed one set for eating it partially raw, and one set for the transgression that one should not eat it except roasted by fire. מבושל לוקה שתים – If he ate it cooked, he incurs two sets of lashes. נא ומבושל לוקה שלש – If he ate one measure partially raw and one measure boiled, he incurs three sets of lashes. Abaye said, אין לוקין על לאו שבכללות – One does not incur lashes for a generalized prohibition. Rashi explains that the prohibition of not eating it except roasted over fire is a generalized prohibition since it covers all forms of pesach meat not roasted, such as raw, partially raw and cooked.
There are two interpretations of Abaye’s opinion. There are those that say that he meant that one does not incur two sets of lashes for a generalized prohibition, however he does get one set of malkus, and there are those that say that when he has only transgressed a generalized prohibition, he does not get any malkus, דלא מייחד לאוויה כלאו דחסימה – because its prohibition is not specific, as it is in the case of the prohibition against muzzling which is specific. This lav is juxtaposed next to malkus in the Torah, from which we learn that one only receives malkus for specific prohibitions.
