Pesachim 82A

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Text Excerpt

חוזר ושורפו לפני הבירה מעצי המערכה!

he must return and burn it before the Temple with wood from the arrangement. The Mishnah’s formulation uses the word remembered, implying that not only a large piece of meat that became ritually impure or somehow disqualified, but even a piece that is so small that it could become forgotten, must be burnt with wood from the arrangement.

אמר רב חמא בר עוקבא: לא קשיא, כאן ⁠— באכסנאי. כאן ⁠— בבעל הבית.

Rav Ḥama bar Ukva said: It is not difficult. Here, where it is stated that one burns it in the Temple with wood from the arrangement, it is referring to a visitor who does not live in Jerusalem or have wood there, and he may therefore use wood from the arrangement. While there, where it is stated that one burns it at home with one’s own wood, it is referring to a resident of Jerusalem.

רב פפא אמר: הא והא באכסנאי, כאן ⁠— שהחזיק בדרך, כאן ⁠— שלא החזיק בדרך.

Rav Pappa said: This case and that case both refer to a visitor. Here, where it is stated that one may use wood from the arrangement, it is referring to one who already set out on the road, and it is difficult for him to collect wood. There, where it is stated that one must use his own wood, it is referring to a case in which the visitor has not yet set out on the road, and he can gather his own wood.

רב זביד אמר: לעולם כדאמר מעיקרא ⁠— כאן באכסנאי כאן בבעל הבית, ואף על גב דלא החזיק בדרך, אכסנאי כיון דלית ליה עשאוהו כציקנין. דתנן: הציקנין שורפין אותו לפני הבירה בשביל ליהנות מעצי המערכה.

Rav Zevid disagreed with Rav Pappa and clarified Rav Ḥama bar Ukva’s opinion. He said: Actually, it can be explained as Rav Ḥama initially said: Here, it is referring to a visitor; there, it is referring to a resident. And even though he did not yet set out on the road, a visitor may use wood from the arrangement for the following reason: Since he does not have his own wood, the rabbis treated him like the misers, as we learned in a Mishnah: The misers burn it before the Temple in order to benefit from the wood of the arrangement. This indicates that anyone who is unconcerned about his reputation, like a miser, may use wood from the arrangement, and this is not considered to be a misuse of consecrated property. Similarly, the rabbis also permitted a visitor to use wood from the arrangement.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.