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Pesahim Vol One.Indb Perek IV Daf 52 Amud a HALAKHA we do not perform labor in the sett led area due to the need to avoid ַּב ִיּ ּׁיש ּוב ָלא ָﬠ ִב ְיד ָנא – ִמ ְּפ ֵני ׁ ִש ּינ ּוי deviation that causes dispute, as it is the custom in the Diaspora to refrain In a settled area it is prohibited, in the des- : ַּבִיּ ּׁיש ּוב ָא ּסור ַּב ִּמְד ָּבר ּמו ָּתר – ert it is permitted ַה ַּמ ֲח ֶלוֹקת. ַּב ִּמְד ָּבר ַמאי? ֲא ַמר ֵל ּיה, ָה ִכי from performance of labor on those days. However, in the desert outside Residents of Eretz Yisrael who travel abroad ֲא ַמר ַרב ַא ִמי: ַּבִיּ ּׁיש ּוב – ָא ּסור, ַּב ִּמְד ָּבר – the Jewish community, what is the halakha? He said to him that this is with the intention of returning are required ּמו ָּתר. what Rav Ami said: In a sett led area it is prohibited; in the desert it is to refrain from violating the laws of the Festi- H permitt ed. val, even in private, when arriving at a Jewish settled area on the second day of the Festival. -Tangentially, it is reported that Rav Natan bar Asya relied upon his Since this custom is universally accepted out ַרב ָנ ָתן ַּבר ַא ְסָיא ֲאַזל ִמ ֵּבי ַרב ְל ּפ ּו ְמ ְּבִד ָיתא side Eretz Yisrael, violating the halakhot of the knowledge of the calendar and traveled from Rav’s study hall to ְּביוֹם טוֹב ׁ ֵש ִני ׁ ֶשל ֲﬠ ֶצֶרת, ׁ ַש ְמ ֵּת ּיה ַרב ֵיוֹסף. PumbeditaB on the second day of the festival of Assembly, i.e., Shavuot, Festival in those circumstances is prohibited -Magen Avraham based on Rabbi Zeraĥya HaL) ֲא ַמר ֵל ּיה ַא ַּבֵיי: ּו ְל ַנ ְגֵד ּיה ָמר ְנ ִג ֵידי! ֲא ַמר and thereby desecrated the second day of the Festival by traveling beyond evi). Outside a Jewish settled area, the travelers ֵל ּיה : ֲﬠִד ָיפא ֲﬠ ַבִדי ֵל ּיה, ִ ּד ְב ַמ ַﬠְר ָבא ִמ ְימ ּנו the town limits. Rav Yosef excommunicated him as punishment for this may continue to observe the accepted practice act. Abaye said to Rav Yosef: Let the Master fl og Rav Natan bar Asya in Eretz Yisrael. However, one who does not ַא ְּנ ִג ָידא ְ ּד ַבר ֵּבי ַרב ְו ָלא ִמ ְימ ּנו ַא ַּׁש ְמ ָתא. for this grave sin. Rav Yosef said to him: I punished him more severely, intend to return to Eretz Yisrael may not vio- as in Eretz Yisrael they vote to fl ogN a Torah scholar, but do not late the halakhot of the Festival on the second vote to punish him with excommunication,H in deference to the Torah. day, even when he is outside the settled areas (Shulĥan Arukh, Oraĥ Ĥayyim 496:3). Apparently, excommunication is a more severe punishment than lashes. ַּת ְל ִמיד ָח ָכם – A Torah scholar who has sinned -It is common practice to avoid excom : ׁ ֶש ָח ָטא Some say: Rav Yosef ordered the court offi cer to fl og him.N Abaye said ִא ָּיכא ְ ּד ָא ְמִרי, ַנ ְגֵ ּד ּיה ַרב ֵיוֹסף. ֲא ַמר ֵל ּיה municating or ostracizing a Torah scholar, even -to Rav Yosef: Let the Master excommunicate him, as it is Rav and if he performed an action that carries that pun ַא ַּבֵיי: ְנ ׁ ַש ְּמ ֵת ּיה ָמר, ְ ּדַרב ּו ׁ ְש ּמו ֵאל ְ ּד ָא ְמִרי Shmuel who both say that one excommunicates for desecration of the ishment. Rather, an attempt is undertaken to ַּתְרַו ְי ּיהו: ְמ ַנִ ּדין ַﬠל ׁ ְש ֵני ָי ִמים ִטוֹבים ׁ ֶשל second day of the Festival in the Diaspora.N H Rav Yosef said to him: Th at maintain distance from him. However, if he ָּג ֻליּוֹת! ֲא ַמר ֵל ּיה: ָה ֵני ִמ ֵּילי – ִא ִינ ׁיש applies to an ordinary person. Here, he is a Torah scholar. I did what deserves it, he may be flogged even with rab- .was best for him, as in Eretz Yisrael they vote to fl og a Torah scholar binically ordained lashes for rebelliousness ְ ּד ָﬠ ְל ָמא, ָה ָכא ּצוְר ָבא ִמְ ּדַר ָּב ַנן ּהוא, ְ ּד ָט ָבא but do not vote to punish him with excommunication. Rav Yosef did If a Torah scholar sins and corrupts others to ֵל ּיה ֲﬠ ַבִדי. ִ ּד ְב ַמ ַﬠְר ָבא ִמ ְימ ּנו ַא ְּנ ַגְד ָּתא ְ ּד ַבר not wish to sentence him to so severe a punishment. sin along with him, he is excommunicated ֵּבי ַרב ְו ָלא ִמ ְימ ּנו ַא ַּׁש ְּמ ָתא. (Shulĥan Arukh, Yoreh De’a 334:42). One who displays contempt for the second One : ַה ְּמַז ְלֵזל ְּביוֹם טוֹב ׁ ֵש ִני – We learned in the mishna: Similarly, one who transports Sabbatical Year day of the Festival ַּ״כ ֵיּוֹצא ּבוֹ ַה ּמ ִוֹל ְיך ֵּפירוֹת ׁ ְש ִב ִיﬠית וכו׳״. produce from a place where a crop has ceased in the fi elds to a place where who displays contempt for the second day of ְו ֵלית ֵל ּיה ְלַר ִּבי ְי ּהו ָדה ָהא ִ ּד ְת ַנן: ְנוֹת ִנין it has not yet ceased, or from a place where it has not yet ceased to a place the Festival in the Diaspora is punished with ָﬠ ָליו ּחו ְמֵרי ַה ָּמקוֹם ׁ ֶש ָיּ ָצא ִמ ָּׁשם ְו ּחו ְמֵרי where it has already ceased, is obligated to remove the produce from his ostracism. If he is a Torah scholar, he is flogged ַה ָּמקוֹם ׁ ֶש ָה ַל ְך ְל ׁ ָשם? possession, in accordance with the stringencies of both locations. Rabbi instead, in accordance with the second version Yehuda says that one need not remove the produce, as he can say to a local of the discussion between Abaye and Rav Yosef (Shulĥan Arukh, Oraĥ Ĥayyim 496:1). resident: You too go out and bring this produce from a place where it remains in the fi eld. Th erefore, he may partake of the produce that he BACKGROUND brought with him. Th e Gemara asks: And is Rabbi Yehuda not in agree- -A city on the Euphra : ּפ ּו ְמ ְּבִד ָיתא – ment with that which we learned in the mishna: Th e Sages impose upon Pumbedita tes River, northwest of Neharde’a, Pumbedita him the stringencies of both the place from which he left and the was an important center of the Babylonian stringencies of the place to which he went? Jewish community for many generations. As early as the Second Temple period Pumbedita Rav Sheisha, son of Rav Idi, said: Rabbi Yehuda is stating a diff erent was called: The Diaspora, as it was considered ָא ַמר ַרב ׁ ֵש ׁ ָישא ְּבֵר ּיה ְ ּדַרב ִא ִידי: ִמ ְּיל ָתא -matt er, and this is what the mishna is saying: Or if one went from a the center of Babylonian Jewry. After the de ַא ֲחִר ִיתי ָק ָא ַמר ַר ִּבי ְי ּהוָדה. ְו ָה ִכי ָק ָא ַמר: אוֹ struction of Neharde’a, some scholars from place where a crop has not ceased in the fi elds to a place where it has ִמ ָּמקוֹם ׁ ֶש ּלֹא ָּכ ּלו ְל ָמקוֹם ׁ ֶש ּלֹא ָּכ ּלו, ְו ׁ ָש ַמע also not ceased in the fi elds, and he heard that it now ceased in the fi elds its yeshiva relocated to Pumbedita, and from then on Torah study continued there without ׁ ֶש ָּכ ּלו ִּב ְמקוֹמוֹ – ַח ָיּיב ְל ַב ֵﬠר. ַר ִּבי ְי ּהוָדה in his original location, he is then required to remove the fruits from his .N interruption until the end of the geonic period ֵאוֹמר: ֵצא ְו ָה ֵבא ְל ָך ַאף ַא ָּתה ֵמ ֵה ָיכא possession. Rabbi Yehuda says: He need not remove it and can say to The scholars of Pumbedita were particularly the people of his location of origin: You, too, go out and bring these fruits famous for their acumen. The most famous ְ ּד ַא ְי ִית ְינ ּהו, ְו ָהא לֹא ָּכ ּלו ְל ּהו. from a place where they remain in the fi eld, as they have not ceased in heads of the Pumbedita Yeshiva were its found- the fi elds here, and I may continue eating this produce. er Rav Yehuda, Rabba, Rav Yosef, Abaye, Rav Naĥman bar Yitzhak, Rav Zevid, and Rafram bar Pappa. The Pumbedita Yeshiva was very prominent in the geonic period as well, often NOTES overshadowing the yeshiva in Sura. The last -Some commentaries explain this One excommunicates for desecration of the second day of the heads of the Pumbedita Yeshiva were the re : ִמ ְימ ּנו ַא ְּנ ִג ָידא – They vote to flog ,The se- nowned ge’onim Rav Sherira Gaon and his son : ְמ ַנִ ּדין ַﬠל ׁ ְש ֵני ָי ִמים ִטוֹבים ; ֶשל ָּג ֻליּוֹת – statement in a different manner. In Eretz Yisrael, the Sages would Festival in the Diaspora convene and vote on a case until the majority agreed that a Sage who verity of this punishment is due to the rabbinic origin of this halakha. Rav Hai Gaon. sinned should be punished with lashes. However, when it was neces- If it were treated lightly, the populace might eventually abandon it sary to excommunicate another Sage, it was carried out immediately altogether (see Ran). because this punishment was meted out only for the most serious One who comes from a place where they have ceased must re- transgressions (Rabbeinu Ĥananel; Rif).
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