Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER IX.

§ 1. Persons who, in consequence of being [legally] unclean, or on a distant journey, did not observe the first passover, must observe the second. They also who, through error or compulsory force, have been prevented observing the first, must observe the second passover. Then why does the text (Numb. ix. 10) particularly mention "the unclean person, or he who is on a distant journey"? in order to teach us that in case of neglect of the observance of the second passover by them, they only do not incur the penalty of utter excision n 7, but others do incur it.

§ 2. What must be considered a distant journey? According to R. Akivah, it is from Moodaim [‏מודעים‎], 1 and beyond, and from all places around Jerusalem, situated at the same distance. R. Eleazar says, "Any distance beyond the outside of the threshold of the court of the Temple, must be considered as comprehended under that term." R. José says, "It was to denote this, that it is directed that a dot must be placed over the ‏ה‎ in the word ‏רהוקה‎ [signifying 'distant'], to indicate that it is not necessary that a person should actually be on a distant road, but that he is considered as distant while he has not passed beyond the threshold of the court of the Temple."

§ 3. What is the difference between the first and second Passover? They differ, that in respect to the first mentioned, nothing leavened may be seen nor found in the house; while on the second, leavened and unleavened may be had together in the house [whilst the sacrifice is eaten]. By the eating of the first mentioned, it is necessary

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to say the "Hallel," but not by the last mentioned; but it is necessary to say the "Hallel" during the time either is sacrificed: both must be roasted, and eaten with unleavened-cakes and bitter herbs; and [the sacrifice of] both supersedes the Sabbath.

§ 4. When a paschal sacrifice was brought under circumstances of legal impurity, it might not be eaten by men having a running issue, or by women suffering under an excessive flow of menses, by those in their ordinary menstrual period, and by lying-in women; but if they have eaten thereof, they do not thereby incur the penalty of utter excision, ‏כרת‎. R. Eleazar considers these as also not subject to that punishment, if they have entered the sanctuary in that state.

§ 5. What is the difference between the Passover as celebrated in Egypt, and that observed by later generations? The Egyptian Passover was specially ordered to be purchased on the 10th of Nissan, and it was required that its blood should be sprinkled with a bunch of hyssop on the lintel, and on the two side-posts of the door, and also that it should be eaten with unleavened-bread on the first night of the Passover in a hasty manner; whilst it is required to abstain during the Passover of later generations, from all leaven during the whole seven days of its duration.

§ 6. R. Joshua says, "I heard once [of my teachers] that the animal which was substituted for another, intended as a paschal sacrifice, might be offered; and I have also heard, that it might not be offered: and I am unable to explain this." R. Akivah says, "I will explain it: if a paschal offering had been lost, and is again found, before the animal intended to replace it had been slaughtered, it must be left to pasture until it contracts a legal blemish, when it is to be sold, and peace-offerings purchased with its proceeds; and it is even so with the animal substituted for it, and if it was found after the other animal had been already killed, it may be sacrificed as a peace-offering, as also any animal substituted for it."

§ 7. If a person has set apart, or selected as a paschal-offering, a she-goat or a ewe-lamb, or a male of two years old, they must be left to pasture until they contract a [legal] blemish; they must then be sold, and the proceeds paid to the fund of voluntary burnt-offerings. 2 If a person who has selected his paschal-offering die [in the

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interim, before it is sacrificed], his son cannot bring it as a paschal offering, but must bring it as a peace-offering. 3

§ 8. When a paschal sacrifice has become mixed with other [animals intended] as sacrifices, they must all be left to pasture till they contract a [legal] blemish; they are then to be sold, and [the owner] must bring for the price obtained for the finest animal among them, another sacrifice of each kind of offering [with which it was mixed], and the loss is to be defrayed from the private means of the owner. A paschal-offering which had become mixed with first-born [of animals], may, according to R. Simeon, be eaten by a company of priests.

§ 9. When a company have lost their paschal sacrifice, and say to some one, "Go, seek, and slaughter it for us," and he went, found, and slaughtered it, whilst the company had also slaughtered one; if his had been slaughtered first, he shall eat of it, and the others shall join with him in eating; but if theirs had been first slaughtered, they shall eat of theirs and he of his; if it is uncertain which had been slaughtered first, or that both had been slaughtered at one time, then shall he eat of his paschal-offering, of which the others are not permitted to partake, and their’s must be burned; but they are not bound to observe a second Passover. If he had told them, "If I should stop out long, go ye and slaughter a paschal-sacrifice for me," and he went, found, and slaughtered [the lost paschal-sacrifice], whilst the others had also slaughtered one: if theirs had been first slaughtered, they shall eat it, and he may eat it with them; but if his had been first slaughtered, he shall eat of his, and they of theirs; if it be uncertain which sacrifice had been slaughtered first, or that both had been slaughtered at one time, then shall they eat theirs, but he is not permitted to eat thereof with them; and his sacrifice must be burned, but he is not bound to observe a second Passover. If he said to them, ["Slaughter a paschal offering for me should I stay away,"] and they had said to him ["Seek and slaughter for us our lost paschal sacrifice,"] they shall all eat of that which had been slaughtered first; 4 if it is uncertain which had been first slaughtered,

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then both must be burned; but if there was no expressed agreement between all the parties, they are not to be considered as at all connected with each other, [and each must eat his sacrifice separately].

§ 10. When the paschal sacrifices of two companies have become mixed, each company shall take one [of the animals], and a member of each company shall go to the other, whilst a member of that company goes to the first mentioned, and each company shall thus address the member of the other: "If this paschal offering be ours, we withdraw from your company, and be thou numbered with us; but should it be yours, then we withdraw from ours, and will be numbered with you;" 5 and thus five companies, of five members each, and ten, of ten, [shall act], namely, that one of each company shall conjoin with him one of another company, and shall thus address him. 6

§ 11. When a paschal offering of two individuals has become mixed, each shall take one of the animals to himself, and invite a person from the street [a stranger] to eat it with him; these individuals shall then go to each other, and thus address each other's guest: "If this sacrifice is mine, withdraw from this, and be numbered with me, but if it is yours, then I do withdraw from mine, and will be numbered with you." 7

Footnotes

119:1 This is the place mentioned so often in Josephus, and in the history of the Maccabees, under the name of Modain. Its distance from Jerusalem was stated to have been fifteen miles, ‏מילין‎; which it is calculated may be walked over by a person of ordinary powers, in the space between the rising of the sun, and commencement of the evening [the period during which the paschal sacrifice might be slaughtered], in the months of Nissan and Tishri, or during the period of the vernal and autumnal equinoxes, when the days and nights are of equal length.

120:2 There was a chest in the Temple for the reception of voluntary gifts for that purpose.

121:3 This does, of course, only apply in case that son had not been included among those appointed and numbered to eat it.

121:4 The difference between this and the preceding proposition of our Mishna consists, that in the preceding part he said, "Slaughter it for me if I stop away," the others did not say, "We will do so," but here is an expressed mutual agreement to do certain acts by both parties.

122:5 And their paschal sacrifice shall be eaten by the other company.

122:6 As above stated.

122:7 The necessity for these forms is two-fold: First, because it is a maxim, that one individual cannot be numbered in two companies, and eat of the paschal sacrifice of both; and, secondly, because every paschal offering must have owners to eat, and can only be eaten by the owners, and by those appointed and numbered to eat it with them.