Pesachim 28a, b

We continue to follow the rabbi's conversation about whether or not we can benefit from leaven which is forbidden over the Pesach chag.  A new argument is introduced by Rabbi Yehuda regarding how we might benefit from leftover leaven.  He suggests that leftover sacrificial meat is burned and thus the same may be true for leftover leaven.  The rabbis counter Rabbi Yehuda, reminding him that the leftovers of an uncertain guilt-offering and a bird used as a sin-offering are not burned but buried.  These two offerings are also subject to the prohibition of "and you shall not leave over".  Rabbi Yehuda is silenced by this counter-argument.

Disturbing accounts of the rabbis teasing Rabbi Yehuda for his flawed argument are recorded: Rav Yosef, Abaye and Rava cite examples of circumstances where one creates the tool that ultimately harms himself.  Was this done in friendly, spirited and compassionate camaraderie?  Or was this an opportunity for Rabbi Yehuda's rivals to knock him down and flaunt their knowledge of clever truisms?

The rabbis discuss whether or not idols AND chametz must be ground up before throwing them into the wind and/or the sea.  Their arguments are varied and interesting.  We know that the halacha regarding chametz is that it may be crumbled and thrown into the wind, thrown into the sea, or burned.  

At the end of daf (a) introduces a new mishna.  It states that after Pesach concludes, it is permitted for a Jew to derive benefit from chametz made by a Gentile over Pesach (perhaps not to eat that bread, but to derive secondary benefit from it).  However, a Jew cannot benefit from chametz made by another Jew over Pesach.**  The Gemara begins with a question about who might have written this mishna, as the mishna goes against previous understandings of the prohibitions on chametz.

Daf (b) is devoted to understanding which of Rabbi Yehuda, Rabbi Shimon or Rabbi Yosei HaGelili might have authored this mishna.

The Gemara reminds us that the baraita is clear: we cannot benefit from leavened bread from  mid-day of the 14th of Nisan until after Peach has ended.  Rabbi Yehuda has taught that eating leavened bread during Pesach is transgressing a negative mitzvah and thus liable for karet.  Rabbi Shimon believes that we cannot benefit at all from leaven made during Pesach, period.  Rabbi Yosei HaGelili believes that of course, we must benefit from leaven over the chag of Pesach: "How can it be prohibited to derive benefit from leavened bread for all seven days?"

The rabbis continue to argue this point.  They use three verses that prohibit eating leavened bread to prove their points.  "Leavened bread shall not be eaten" (Exodus 13:3), "and all that which is leavned you shall not eat" (Exodus 12:20), and "You shall eat no leavened bread with it" (Deuteronomy 16:3).  Rabbi Yehuda, Rabbi Shimon and Rabbi Yosei HaGelili each use these commandments to prove their points.  Their arguments are truly opposed, but each rabbi is able to provide proof-texts for his argument using these (and other) mitzvot.

At the end of daf (b), we do not know if there is a 'winner' in this argument.  We watch the fancy footwork of our rabbis.  We experience their brilliance through the scope of their knowledge, their creative interpretations, their internal consistency.  Today's daf showed the best and the worst of the Talmud narrative as a human process.  When Rabbi Yehuda stated a flawed argument, he was publicly mocked. However, when the Gemara set out to understand the source of an argument, equal voice was given to the dissenting opinions of at least three rabbis - and one of those rabbis was Rabbi Yehuda.

If our ancestors were able to accept different interpretations of the Torah, why can we not do the same?  I understand that their practice was different.  But they held the same fears regarding Jewish continuity.  They wanted to ensure a singular ritual for people to hang on to.  Yet they could tolerate differences in practice.  We have much to learn from our Sages.


** Were some Jews not observant?  Did Jews actually bake chametz on Pesach and remain part of the community?  We are led to believe that the only option for Jews in antiquity (and for most of the next 2000 years) was to be observant of Jewish laws.  How could it be that a Jew would bake chametz on Pesach?  Or perhaps this is one of our Sages theoretical constructs to further the argument at hand.