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A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Torah Lecture

Siman: 485, Seif: 01

Lectured by Rabbi Eli Mansour

Published
August 9, 2006
Duration
3:17
Lecture code
REM-MB-497

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

Siman (section), Taf Pei He (the letters taf, pe, he), din (law): mi she-nishba shelo yochal Matzah (unleavened bread) (one who swore not to eat matzah). And here is one verse. He said, “Shevuah (oath) shelo ochal Matzah stam (without specifying which matzah).” It is forbidden to eat Matzah on Leil Pesach (Passover night). He said, “Shevuah shelo ochal Matzah on Leil Pesach (An oath not to eat matzah on Passover night), lokeh ve'ochel (He is lashed and eats) Matzah on Leil Pesach.”

So the Rambam makes a chiluk (distinction) between when the guy says, “Shevuah, I swear I am not going to eat Matzah,” and then does not want to eat the Matzah on Leil Pesach, and when he says, “I am not going to eat the Matzah on Leil Pesach.” Then you give him Malkot (lashes), and he can eat. What’s the difference? The Mishnah says that whether he said it before Pesach or on Leil Pesach itself, since he didn’t specify only Matzah and Mitzvah (commandment), ella (rather), kolel (includes) bi-shevuato (in his oath) kol matzah (all matzah). The oath is about all matzah; rather, this is how the oath takes effect. Ve-shevuato (and his oath) chal (takes effect) b'kolel (includes) devarim ha-mutarim (permitted things) im (with) devarim ha-asurim (forbidden things). This is a shevuah that includes mutar things and asur things. Really, I don’t want to make a shevuah on the Matzah because it’s a mitzvah, but since the shevuah was chal on the Matzah the rest of the year, ve-shevuato, it’s a mitzvah to add to the shevuatot (oaths), but it’s a mitzvah to add to the shevuah, so that it can be—it's what I say—the matzah-related idea.

Shevuah says that really the shevuah is chal because he’s only transgressing the issur (prohibition) of it by shev ve'al ta'aseh—he's being passive, he's not doing anything, he's just sitting back—and the shevuah is chal on the other Matzah for the rest of the year. So migo (since) the shevuah is chal for the rest of the Matzah, it’s chal for this one. But still, it’s better for him to undo it. Keivan (since) it’s Leil Pesach, me'ikar (from the outset) the Matzah on Leil Pesach, that’s the second shevuah he means for Pesach itself. Lokeh, because that’s considered shevuat shav (a vain oath). You cannot make a shevuah to make a mitzvah. In any case, he says, “Wow, if he makes a mitzvah, he says, ‘I’m not going to have hana'ah (benefit) from mitzvah.’” The mitzvah is chal, and it will be forbidden. A shevuah cannot be made on the mitzvah, because when mitzvah, you can make on the mitzvah.

Let’s say he makes the shevuah that he’s not going to eat maror (bitter herbs). Why? The maror is derabbanan (rabbinic). The shevuah is derabbanan. The Rabbanan (the rabbis) is the shevuah. There is another point here. In every place, they put the one that will remain on the shevuah. We force them to make shevuah on the shevuah to break it, to make hatarat shevuot (annulment of oaths).

And then, if he cannot find it on the day in question, even if it is that day, it is almost as if he’s gone. If he cannot find it on the day in question, then he’s gone. Because that is the day in question. The person is alive and dead, but even in that, he has the power to ask questions. He should force him to ask a question about that day. So basically, if he cannot find it on the day in question, then he’s gone. On the relevant day, his day would be gone.