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Misva #14: Feeding the Korban Pesach to a “Toshab” or “Sachir”

Misva #14: Feeding the Korban Pesach to a “Toshab” or “Sachir”

FromSefer Hachinuch


Misva #14: Feeding the Korban Pesach to a “Toshab” or “Sachir”

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Aug 13, 2021
Format:
Podcast episode

Description

The Torah commands in the Book of Shemot (12:45), “Toshab Ve’sachir Lo Yochal Bo,” introducing a prohibition against feeding the meat of the Korban Pesach to a “Toshab” (literally, “resident”) or a “Sachir” (literally, “employee”). The Sefer Ha’hinuch, based on the Rambam, explains that “Toshab” refers to a non-Jew who has renounced foreign worship but has not converted to Judaism, and a “Sachir” is a gentile in the process of conversion, who has undergone circumcision but has yet to immerse in a Mikveh. Although such people are not full-fledged gentiles – as a “Toshab” has renounced idolatry, and a “Sachir” has begun the conversion process – nevertheless, they may not be fed the hallowed meat of the Korban Pesach. The Sefer Ha’hinuch explains that the Pesach sacrifice commemorates our freedom from Egyptian bondage, whereupon we entered into a special covenant with G-d. As such, only those who are full members of Am Yisrael and are thus included in this special covenant should be permitted to partake of this sacrifice. The Sefer Ha’hinuch writes that one who gives a “Toshab” or “Sachir” meat from the Korban Pesach to eat is in violation of this command. However, he is not liable to Malkut (lashes), as this command falls under the category of “Lav She’en Bo Ma’aseh” – a prohibition which is not violated through an action. Since it is the “Toshab” or “Sachir” who eats the meat, the Jew who hands him the food is not considered to have performed a forbidden act for which he would be liable to Malkut. Conceivably, one who places meat of the Korban Pesach directly into the throat of the “Sachir” or “Toshab” would be liable to Malkut, as he has performed an action. However, this would depend on the question discussed by the Aharonim regarding the definition of “Lav She’en Bo Ma’aseh.” One possibility is that each violation is assessed on its own, and anytime one violates a Biblical prohibition by performing an action, he is liable to Malkut. If so, then, indeed, one who places food in the mouth of a “Sachir” or “Toshab” would be liable to Malkut. Others, however, maintain that if a prohibition can be violated through inaction, then one is never liable to Malkut for violating that prohibition, even if this is done through an action. According to this view, one can never be liable to Malkut for feeding meat of the Korban Pesach to a “Sachir” or “Toshab.” In our discussion of the prohibition against feeding the Korban Pesach to a “Meshumad” (Jew who has renounced Jewish faith), we encountered the question as to whether the “Meshumad” himself would be liable to Malkut for eating the meat of the sacrifice. As we saw, the Rambam maintained that he is not liable, and the explanation given is that the Torah’s commands are directed only to those who accept its authority, as opposed to a “Meshumad,” who has rejected the Torah altogether. The Minhat Hinuch, as we discussed, questioned this explanation, arguing that the “Meshumad” remains a Jew and remains bound by Torah law irrespective of his renunciation of Jewish faith. When it comes to a “Sachir” or “Toshab,” we might assume that the gentile who is fed the Korban Pesach certainly cannot be said to be in violation of this command, because he is not even Jewish. Non-Jews are bound only by the Seven Noachide Laws, which do not include a prohibition against eating the Korban Pesach. It would thus seem clear that a “Sachir” and “Toshab” cannot be said to violate Torah law by partaking of the Korban Pesach. Surprisingly, however, the Samag (Sefer Misvot Gadol, by Rav Moshe of Coucy, France, 13 th century) writes that a “Toshab” or “Sachir” who eats the Korban Pesach is, in fact, guilty of violating Torah law. The Samag contends that although this command is not included among the Seven Noachide Laws, nevertheless, there are several commands which are relevant to non-Jews beyond these seven Misvot. The Minhat Hinuch suggests drawing proof to the Samag’s view from the famous story told in Masechet
Released:
Aug 13, 2021
Format:
Podcast episode

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