Pesach Sheini
Rabbi Kaganoff
Pesach Sheini is this coming Friday.
Pesach Sheini
By Rabbi Yirmiyohu Kaganoff
Question #1: Pesach Sheini or Bahav?
Do we recite the selichos of bahav when it coincides with pesach sheini?”
Question #2: Bar mitzvah
Is someone who turned bar mitzvah after the 14th of Nisan obligated to offer the korban pesach on the 14th of Iyar, notwithstanding that he was included in a korban pesach on the 14th of Nisan?
Question #3: Out of sight
How far from the Beis Hamikdash does one need to be in order to be exempt from offering the korban pesach?
Foreword:
In some years, the 14th of Iyar, Pesach Sheini falls on the day that most Ashkenazim observe as the second Monday of bahav. These are three days of selichos that Ashkenazim traditionally observe during the months of Marcheshvan and Iyar. Originally these were fast days and are still kept as such by many individuals. Bahav (or bahab) is in Hebrew ב, ה, ב, and stands for Monday, Thursday, Monday.
What do communiites to when Pesach Sheini falls on bahav? There is a very diverse variety of minhag practices. Some communities observe bahav, reciting selichos, avinu malkeinu and tachanun. Others omit tachanun because it is Pesach Sheini and therefore do not recite selichos or avinu malkeinu. This includes some who observe bahav otherwise -- in other words, they observe only 2/3 of bahav because of Pesach Sheini. Still others observe both bahav and Pesach Sheini during the same tefillah by reciting the beginning of the traditional selichos, stopping in the middle and saying half kaddish, thereby omitting both tachanun and avinu malkeinu. (Those who recite the selichos in the middle of the shemoneh esrei of the chazzan follow a slightly different procedure.) The purpose of this article is not to paskin for any individual or community. Each should follow its own custom, and if there is any question what to do, should ask its rav or posek.
Pesach Sheini or Behav?
At this point, we can already answer our opening question: “Do we recite selichos of Behav when it coincides with Pesach Sheini?”
The answer is a definitive “it depends.”
Introduction
This article will explain the Torah’s mitzvah of pesach sheini, offering and eating the korban pesach on the 14th of Iyar. This is the day that the korban pesach is offered by those who missed bringing it a month earlier.
Note: To avoid confusion, throughout the rest of this article the holiday of Pesach will be capitalized, whereas the pesach offerings will be spelled lower case (except when the word begins a sentence or a heading).
Someone who was ill on Sukkos and could not fulfill the mitzvah of sukkah cannot observe the mitzvah a month later after he recovers, nor does someone who was unable to fast on Yom Kippur have a second chance during the year. But the Torah teaches: “And Hashem spoke to Moshe in the Sinai Desert in the second year of their leaving the land of Egypt, in the first month [Nisan], saying: ‘The Bnei Yisroel shall offer the pesach in its correct time, on the 14th of this month, in the afternoon… They shall prepare it following all its laws and ordnances… (Bamidbar 9, 1-7).’” Further, Hashem instructs that an individual who was tamei or at a distance and unable to offer the korban pesach is commanded to offer it during the second month, Iyar, on the afternoon of the 14th. “It should be eaten together with matzos and bitter herbs. It should not be left over until morning, nor should any bone be broken; they should prepare it like all the laws of the pesach” (ibid. 11-12).
An interesting point is that the Torah appears to compare the details of offering pesach sheini to the korban pesach usually offered on the 14th of Nisan, yet the Torah never teaches how to observe the regular korban pesach. The only other description of the korban pesach in the Torah is when the Jews were still in Egypt, called Pesach Mitzrayim, and not all of the laws of that korban pesach are applicable when offering korban pesach on the 14th of Nisan after the Jews exited Egypt. For example, there was no requirement to observe Yom Tov in Egypt, nor was there any prohibition against owning or eating chometz.
What if you don’t?
The Mishnah states that anyone who missed offering korban pesach on the 14th of Nisan can offer it on Pesach Sheini instead. Then it asks, if this is so, why does the Torah single out those who missed offering the korban pesach because they were tamei or at a distance? Why not simply say that anyone who missed pesach rishon can observe pesach sheini? The Mishnah answers that there is a major difference between those who missed pesach rishon because they were tamei or at a distance and those who missed it because they deliberately didn’t offer it. The first category of people are exempt from the severe punishment of kareis that is received by someone who intentionally does not offer a korban pesach. Those who missed pesach rishon because they were tamei or at a distance, and then failed to offer pesach sheini are exempt from chiyuv kareis, even if they intentionally did not offer pesach sheini, as we will explain shortly. However, according to some tanna’im, someone who forgot about pesach rishon and then intentionally did not offer pesach sheini will be chayov kareis.
This last question is dependent on the following three-way dispute among the tanna’im concerning the relationship between the two mitzvos of pesach rishon and pesach sheini (Tosefta, Pesachim Chapter 8; Pesachim 93a).
1. Rabbi Yehudah Hanasi (also known simply as “Rebbi”) understands that these are two independent mitzvos, each containing its own chiyuv kareis for violation. In other words, someone who intentionally did not offer the korban pesach rishon and then did not offer the pesach sheini because of circumstances beyond his control is chayov kareis for not offering pesach rishon. Similarly, someone who could not offer pesach rishon because of circumstances beyond his control and intentionally did not offer pesach sheini is chayov kareis. This is because although he was anus for not offering pesach rishon, his violation of pesach sheini is a separate responsibility incumbent on those who did not offer pesach rishon that carries its own chiyuv kareis. (For reasons that I will not discuss in this article, there are two exceptions to these rules. The two instances that the Torah describes, someone who was tamei and therefore not allowed to offer pesach rishon and someone who was “at a distance” and therefore unable to make it to the Beis Hamikdash to offer his pesach rishon are not chayov kareis for missing pesach sheini, although they are both obligated to korban pesach on the 14th of Iyar.) The Gemara refers to this opinion as “the two times to offer the korban pesach are each a yom tov by themselves.” In other words, failure to offer the korban pesach intentionally can make one culpable of kareis, whether the intention was to miss the first korban pesach or the second.
2. Rabbi Noson understands that the mitzvah of pesach sheini is considered a repayment for not offering korban pesach when he was supposed to, but does not absolve the sinner of his chiyuv kareis. This has several ramifications:
A. Someone who was negligent and missed the korban pesach on Pesach Rishon because of circumstances beyond his control is exempt from the chiyuv kareis, regardless as to whether he brings or does not bring pesach sheini. He has a mitzvah to bring pesach sheini but failure to do so will not create a chiyuv kareis on him. This approach disagrees with Rebbi, who contends that should he fail to offer pesach sheini intentionally he is chayov kareis for violating pesach sheini, as I explained above.
B. Someone who intentionally did not bring korban pesach on Pesach Rishon is chayov kareis regardless as to whether he offered pesach sheini. He has a mitzvah to bring pesach sheini, but doing so does not release him from his chiyuv kareis – only sincere and complete teshuvah will accomplish that.
C. There is a third case in which Rebbi (the author of the first opinion) and Rabbi Nosson disagree: a geir tzedek who converted to Judaism between the 15th of Nisan and the 14th of Iyar. According to Rebbi, he is obligated to offer pesach sheini since it is an independent requirement incumbent on anyone who has not yet offered korban pesach this year. According to Rabbi Noson, he is exempt from pesach sheini since he was not obligated to offer korban pesach on pesach rishon. The same halacha is true concerning a presumably more common case: a boy who turned bar mitzvah between the 15th of Nisan and the 14th of Iyar. According to Rebbi, he is obligated to offer pesach sheini since it is an independent requirement incumbent on anyone who has not yet offered korban pesach this year, which he could not observe as an adult. According to Rabbi Noson, he is exempt from pesach sheini since he was not yet obligated to offer korban pesach on Pesach Rishon.
3. The third tanna in this dispute, Rabbi Chananya ben Akavyah, contends that pesach sheini rectifies the sin of violating pesach rishon. In practice this means that someone is chayov kareis only if he intentionally violated both pesach rishon and pesach sheini. Even if he did not bring any korban pesach this year, intentionally on either Pesach Rishon orPesach Sheini, but negligently on the other, he is exempt from chiyuv kareis, although he of course violated two mitzvos aseih, one intentionally and one negligently.
Although the Gemara does not mention how Rabbi Chananya ben Akavyah holds regarding a geir tzedek who converted to Judaism or someone who turned bar mitzvah between the 15th of Nisan and the 14th of Iyar, it would seem that he holds like Rabbi Noson -- he is exempt from pesach sheini since he was not obligated to offer korban pesach on Pesach Rishon (see Ra’avad and Lechem Mishneh, Hilchos Korban Pesach 5:2).
At this point, we have the answer to our second question: Is someone who turned bar mitzvah after Pesach Rishon obligated to offer pesach sheini, notwithstanding that he was included in a korban pesach on Pesach Rishon? The answer is that the Gemara tells us that this is a dispute among tanna’im.
Out of sight?
We now discuss the third of our opening questions: “How far from the Beis Hamikdash does one need to be in order to be exempt from offering korban pesach?”
When the Torah says that someone was “distant” from the Mishkan or the Beis Hamikdash and therefore could not offer the korban pesach, how far were they from the Beis Hamikdash to be included in this exemption? The Mishnah (Pesachim 93b) notes that the tanna’im dispute what are the parameters of this law. Rabbi Akiva contends that someone is exempt from offering the korban pesach only if he spent the entire Erev Pesach afternoon (see statement of the amora Ulla, Pesachim 93b) in a place that was too distant for him to get to the Beis Hamikdash that day. Since the Mishnah is describing someone who could not use a motorized vehicle to arrive in Yerushalayim, this distance is measured as from the town of Modi’im or the equivalent distance in any other direction. This is far enough away that it would take him more than half a day to walk from where he is to the Beis Hamikdash. Apparently, halacha does not factor in speedier methods of transportation such as horse, camel, donkey or automobile.
On the other hand, Rabbi Eliezer and Rabbi Yosi rule that saying someone was at a distance from the Beis Hamikdash and therefore could not offer the korban pesach is an exaggerated statement. If he never entered the Beis Hamikdash grounds the entire afternoon of Erev Pesach, he is exempt from the punishment of kareis for missing the offering of korban pesach. He has a mitzvas aseih to offer pesach sheini, but he is not chayov kareis if he fails to do so.
But not out of mind...
The Torah states that someone who was “at a distance and unable to offer the korban pesach” could bring a makeup korban on Pesach Sheini. The question is debated in the Gemara whether he could possibly fulfill pesach rishon by having other people include him in their korban pesach. As we know, each individual needed to be counted as a member of a korban pesach, but does that require him to be in the proximity of the mikdash? As the Gemara expresses it, “He was at a distance from the Beis Hamikdash and others had their korban pesach shechted and sprinkled with him in mind, Rav Nachman rules that he fulfilled his responsibility to offer the korban pesach, whereas Rav Sheishes rules that he did not. "The Rambam paskins according to Rav Sheishes that he did not fulfill his obligation and he is obligated to bring pesach sheini (Rambam, Hilchos Korban Pesach 5:3). The Kesef Mishneh and others explain that the halacha follows Rav Sheishes over Rav Nachman when we are dealing with matters of issur ve’heter, rather than financial cases in which we always rule according to Rav Nachman.
Why is this night different?
The Mishnah (Pesachim 95a) states: “What are the halachic differences between pesach rishon [the korban pesach offered on Erev Pesach] and that offered on Pesach Sheini? Bal yeira’eh and bal yimatzei [the prohibitions against owning chometz] apply to pesach rishon, whereas, when observing Pesach Sheini, he can have chometz and matzah together in his house. Pesach rishon requires the recital of Hallel during the time that one is eating the korban pesach, whereas pesach sheini does not. Both pesach rishon and pesach sheini require the recital of Hallel while preparing it, and are eaten roasted and together with matzah and bitter herbs. If the 14th falls on Shabbos, their shechitah and other steps required in offering them supersede Shabbos.”
In explaining the halachic differences between pesach rishon and pesach sheini, the Gemara returns us to the pesukim in Bamidbar 9 that we quoted above. The Torah states that the korban of Pesach Sheini should be brought kechol chukos hapesach, “like all the laws of the pesach.” The Gemara, then, is curious as to why the posuk finds it necessary to mention specifically:
(1) That pesach sheini should be eaten together with matzah and marror
(2) That no bone of the korban pesach sheini may be broken
(3) That the pesach sheini should be consumed during the night and not left uneaten until morning.
Are these not three laws that apply to the first korban pesach?
The Gemara concludes that mentioning of these laws teaches us that certain mitzvos related to the korban pesach itself, such as the requirement to roast it and eat it in one place, apply to pesach sheini, even though they are not mentioned specifically in the Torah. On the other hand, other mitzvos that are not directly part of the korban pesach, such as the requirement to dispose of all of one’s chometz before offering the korban pesach, apply only to a korban pesach offered on the 14th of Nisan and not to pesach sheini.
More on pesach sheini
How else is pesach sheini different from pesach rishon? When the korban pesach is offered on the 14th of Nisan, the Mishnah describes that the first and largest group of people entered to offer their korban and then the gates were closed, prohibiting entry to those who did not arrive on time to be part of this group. When the first group finished offering korban pesach, the gates were opened, allowing a second group to enter and offer their korban. Only when this group completed offering their korban pesach were the gates opened for a third group. The pesach rishon was always offered in three consecutive groups, and only three such groups. This is a requirement that the Gemara derives from the Torah.
Regarding pesach sheini, the Tosefta (Pesachim Chapter 8) notes that there is no requirement to divide those who offer it into three groups.
Similarities
On the other hand, there are other ways, not mentioned in the Torah, in which pesach sheini has similar laws to pesach rishon. Both require that you stay overnight in Yerushalayim until the following morning, the 15th, after offering their korban, a mitzvah called linah (Pesachim 95b). Both korbanos pesach rishon and sheini are offered on the afternoon of the 14th of the month, even when it falls on Shabbos (Pesachim 95b).
As the Rambam and others explain, all the laws regarding when and how the korban pesach is eaten -- that it cannot be eaten until night, how it must be roasted directly in fire (which means it must be barbecued whole on a spit that is made from pomegranate wood and not, for example, on a metal spit that would apply the fire’s heat indirectly), and that it should be eaten with a hearty appetite (Rambam, Hilchos Korban Pesach 8:3-4) -- apply equally to pesach rishon and sheini.
Conclusion
Observing Pesach Sheini involves many laws of the korban pesach, but not the laws of the Pesach holiday, an interesting combination. On the other hand, in a completely opposite way, we have become accustomed to keeping Pesach without its unique korban; which is perhaps the most central of the observances of Pesach. It is so significant that the men who were tamei and could therefore not be part of the communal korban pesach realized that they were deprived of a basic mitzvah observance. They understood its importance, and, in their honor, we were taught that there is a make-up date a month later, something unique among mitzvos, and this can even supersede Shabbos. We hope and pray to bring korban pesach quickly, bimheira biyameinu.