We have learnt that one is not allowed to have chametz in their possession during Pesach. In this week’s Mishnayot we learn that an additional prohibition is violated if the korban Pesach was slaughtered and one has chametz in their possession. The Mishnah (5:4) taught that this prohibition is only violated if the korban was offered in a valid manner. If, for example, one performed one of the four avodot (procedures) with the intention that it was for a different korban, then since the korban is invalid, one would not have violated the prohibition of having chametz in their possession when slaughtering the korban pesach.
R’ Shimon continues by differentiating between erev Pesach, which is the time that the korban Pesach is offered and during Pesach. On erev Pesach, the prohibition is only violated if the korban Pesach is offered. If any other korban is offered, whether or not the korban is valid, the prohibition is not violated. During Pesach however, the prohibition is violated when any other1 korban is offered - provided the way it is offered does not invalidate the korban.
The Bartenura explains that the difference is based on the two separate pesukim that refer to this prohibition, with one referring to the korban Pesach and the second to other korbanot. R’ Shimon understood from the fact that separate pesukim are required, the during the time of the korban Pesach, on erev Pesach, the prohibition applies exclusively to that korban.
The Tosfot R’ Akiva Eiger cites the Tosfot (Yoma 29a) who question the need for this derivation. Any korban that is offered during the time when the korban pesach is offered is invalid since it is being offered after the korban Tamid and no other korban may be offered during this time. Consequently, since any other korbanot would be invalid, the prohibition would not be violated. Therefore, there is no need for a special pasuk to teach us this law.
Based on the strength of this question, the Tosfot conclude that if one offered another korban after the korban Tamid, even though they have gone against a positive mitzvah, we must say the korban is nonetheless valid.
The Tosfot R’ Akiva however asks that we are not forced into that position. We have learnt (4:3) that korban Pesach can be offered from midday and if it is offered prior to the korban Tamid, while not ideal, the korban is nonetheless valid. We find therefore that there is a window of time, when the korban Pesach can be offered, that is prior to the korban Tamid. If another korban is offered at the time it would be valid. Consequently, the pasuk is indeed required to teach that if one had chametz in their position when slaughtering another korban at that time, they would not have violated the prohibition. Since we have a found a need for the pasuk we are no longer forced to conclude if another korban is offered after the tamid that it is valid.
The Tifferet Yisrael (Boaz 2) however defends the Tosfot. He asserts that the Mishnah cannot be referring to the time prior to the korban Tamid being offered for we find the prohibition does not even apply to the korban Tamid that is offered after it (aside from the opinion of R’ Yehuda). The period of concern is only after the korban Tamid is offered. Since that it is the designated time when the korban Pesach should be offered2, one might think that the prohibition applies to other korbanot. Consequently, we return to Tosfot’s point that since the pasuk is required to teach that the prohibition does not apply, it must mean that another korban offered after the tamid would be valid.
1 The Mishnah teaches that the prohibition is violated if one offers a korban Pesach shelo lishmah since outside the allotted time it is treated as a korban Shelamim.
2 Not just the time when, if it is offered, that it is valid.
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