Daf Ditty Pesachim 99: Perek Arvei Pesachim

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Seder Night Obligations

2
Steinsaltz (OBM) writes:1

Following several chapters that deal with the Passover sacrifice, the
tenth perek of Massekhet Pesahim returns to the holiday itself – specifically to the seder that takes
place on the eve of the 15th of Nisan. In fact, early manuscripts of the massekhet have
this perek appearing immediately after the discussion of hametz and matza that are the concern of
the first four chapters, closing what is referred to as Pesah rishon – the first set of rules of the
Passover holiday (the second set of rules being those that deal with the sacrifice). Aside from the
basic biblical commandments that make up the seder, such as eating the korban Pesah together
with matza and marror, discussing the exodus story, etc., the Sages added other commandments,
such as drinking four cups of wine and dining in a manner that befits an honorable, free man.
Similarly, we are instructed to behave in a manner that will encourage children to ask their parents
about the curious behaviors of the meal, in order to allow for discussion of the exodus from Egypt
and its miracles.

These issues are the topic of perek Arvei Pesahim, which begins on our daf.

The first Mishna in the perek teaches that every person is obligated to drink four cups of wine,
even if he needs to accept charity in order to do so.

The Rashbam points out the source for this Rabbinic enactment. When God first turns
to Moshe and promises to takes the Jewish People out of Egypt, He makes use of four different
terms that describe the redemption (see Ex 6:6-7):

• Ve-hotzeti – and I will bring them out.

• Ve-hitzalti – and I will deliver them.
• Ve-ga’alti – and I will redeem them.
• Ve-lakahti – and I will take them to me as a people.

The Me’iri explains the unique significance of each term as follows:

• Ve-hotzeti – I will bring them out from the difficult activities that are forced upon them as
slaves.
• Ve-hitzalti –I will deliver them out of the physical bondage of belonging to a master.
• Ve-ga’alti – I will redeem them by smiting their enemies and making them free men.
• Ve-lakahti – I will take them to me as a people by giving them the Torah.

Other reasons for the four cups of wine are mentioned by the Yerushalmi.

Rabbi Simchah Roth writes:2

1
https://steinsaltz.org/daf/pesahim99/
2
http://www.bmv.org.il/shiurim/pesachim/pes10.html

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On the day before Passover from before the Minĥah a person should not eat until it gets dark.
Even the indigent in Israel should eat only reclining; and he should not be given less than four
cups of wine even if this is from the soup-kitchen.
1:
When we began our study of this tractate, I pointed out that it follows a chronological format,
tracing the halakhic events from Nisan 13th onward. We started off with the search for ĥametz and
its elimination; we continued with a revue of the halakhic status of Nisan 14th; this led to a long
and protracted survey of the manner of slaughtering the paschal lamb. Since we have eliminated
from our ownership all ĥametz and since we now have our lamb slowly roasting, we are ready to
celebrate the Seder service.
2:
Not only is it important to eat the paschal lamb at the Seder service but it is important to enjoy
eating it. One way to ensure this is to make certain that we are reasonably hungry to eat by the
time we get to the Seder meal. Our mishnah ensures this by prohibiting the consumption of food
during the afternoon of Nisan 14th. When we studied the first mishnah of chapter 5 we surveyed
the time schedule associated with Minĥah. Here are the main points that we raised then:

Our present mishnah is referring to the daily sacrifice [called] the Minĥah, which was offered
during the afternoon every day... On all regular days, regardless whether it was a weekday or
Shabbat or YomTov, the Minĥah sacrifice was slaughtered at 'eight and one half hours' and
incinerated on the main altar in the Courtyard of the Priests one hour later. In common with almost
all rabbinic timekeeping, these hours are not 'clock' hours of 60 equal minutes, but each hour
represents one twelfth of the time that lapses between sunrise and sunset on any given day. Since
Pesaĥ always falls on the day of the full moon immediately after the spring equinox, when the
number of hours of daylight is about the same as the number of hours of the night, we can more or
less translate the 'hours' of our mishnah directly. Thus, the Minĥah was usually offered at around
3.30 pm.

3:
Since our present mishnah states that one should stop eating on Nisan 14th 'from before the
Minĥah' this has generally been understood as requiring us to refrain from eating on the day before
Pesaĥ from about 3 pm onwards in order that we may eat the roast meat of the paschal lamb with
relish.
4:
Nowadays, of course, we do not eat roast lamb at all at the Seder service.

In some places outside Jerusalem, it was customary not to eat roast meat at the Seder service. This
was so as not to seem as if they were eating that paschal lamb, which could only be eaten at a
Seder in Jerusalem after it had been slaughtered in the Bet Mikdash...

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Rambam [Ĥametz u-Matzah 8:11] quotes our mishnah almost word for word: 'Where it is
accepted practice to eat roast meat on the night of Pesaĥ one may do so, but where this is not
accepted practice one may not do so, and this is a decree of the sages so that people should not
think that it is paschal lamb [that they are eating]. However, everywhere it is forbidden to eat
roast lamb [at the Seder service].' This halakhah is quoted verbatim by the Shulchan Arukh [Oraĥ
Ĥayyim 476:1].

The Tur [Oraĥ Ĥayyim 476] is more circumspect. He says that one may not eat a lamb that has
been roasted whole over a spit. He points out that the Talmud of Eretz-Israel [Pesaḥim
28a] prohibits the eating at the Seder service of anything that requires ritual slaughter - even fowl!
Since this is not echoed in the Babylonian Talmud it is not accepted halakhah. Today, one should
avoid eating roast lamb at the Seder service.

5:
Nowadays it is accepted that where in former times halakhah and custom stipulated the eating of
the paschal lamb we now substitute the eating of matzah. Thus, we refrain from eating on the
afternoon of Nisan 14th in order to eat matzah with relish at the Seder service later that evening.
6:
Our mishnah makes two other stipulations: the Seder meal must be eaten reclining and it must be
accompanied by four cups of wine. The following is noted in the Talmud of Eretz- Israel [Pesaḥim
68b]:

Rav Levi says that because servants usually eat standing up here, we should eat reclining in order
to demonstrate that we have left servitude for liberty. Rav Simon reports Rabbi Yehoshu'a ben-
Levi as saying that the olive's-bulk which a person must eat on Pesaĥ must be eaten reclining.
Rabbi Yosé asked Rabbi Simon whether this included a servant in the presence of his master and
a woman in the presence of her husband; he replied, 'that is what I have heard'.

The reclining referred to here is the Roman habit of formal dining. Low tables were surrounded
on three sides with couches on which the male diners lay on their left side, so as to leave their right
hand free for handling the food.

It was unheard of in polite Roman circles for women to recline they usually sat, as we do, on
upright chairs on the inside of the U-shape created by the couches of the males (and usually retired
before the after-dinner entertainment). The response of Rabbi Simon to the query of Rabbi Yosé
clarifies that even women and servants at the Seder service must behave as free Roman males did
at their dinner parties.

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MISHNA: On the eve of Passover, adjacent to minḥa time, a person may not eat until dark,
so that he will be able to eat matza that night with a hearty appetite. Even the poorest of Jews
should not eat the meal on Passover night until he reclines on his left side, as free and wealthy
people recline when they eat.

And the distributors of charity should not give a poor person less than four cups of wine for the
Festival meal of Passover night. And this halakha applies even if the poor person is one of the
poorest members of society and receives his food from the charity plate.

GEMARA: The Gemara expresses surprise at the mishna’s statement that one may not eat on
Passover eve from the time that is adjacent to minḥa. Why discuss this halakha particularly
with regard to the eves of Passover? Even on the eves of Shabbat and other Festivals it is also
prohibited to eat in the late afternoon, as it was taught in a baraita: A person should not eat on
the eves of Shabbat and Festivals from minḥa time onward, so that he will enter Shabbat
when he has a desire to eat and he will enjoy the Shabbat meal; this is the statement of Rabbi
Yehuda. Rabbi Yosei says: One may continue eating until dark.

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Rav Huna said: The mishna was necessary only according to the opinion of Rabbi Yosei, who
said that one may continue eating until dark. According to his opinion, the mishna is necessary
to emphasize that this applies only on the eves of Shabbat and Festivals. But on the eve of
Passover, due to the obligation to eat matza, Rabbi Yosei concedes that one must refrain from
eating in the afternoon, so that he will eat matza with a good appetite.

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Rav Pappa said: Even if you say that the mishna is in accordance with the opinion of Rabbi
Yehuda, there is still a difference between the eves of Shabbat and other Festivals, as compared
with the eve of Passover. There, on the eves of Shabbat and other Festivals, it is only from
minḥa time onward that it is prohibited to eat, but adjacent to minḥa time it is permitted.
However, on the eve of Passover, even adjacent to minḥa time, it is also prohibited to eat. For
this reason, the mishna is referring specifically to the eve of Passover.

The Gemara asks: And on the eve of Shabbat adjacent to minḥa time, is it permitted to eat?
But wasn’t the following taught in a baraita? A person may not eat on the eve of Shabbat and
Festivals from nine hours onward, so that he will enter Shabbat when he is filled with the
desire to eat; this is the statement of Rabbi Yehuda. Rabbi Yosei says: One may continue
eating until dark. According to the opinion of Rabbi Yehuda, even on Shabbat eve one may not
eat from before the time of the lesser minḥa, which is at nine and a half hours of the day.

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 EATING THE SHABBOS MEAL BEFORE SHABBOS ARRIVES

Rav Mordechai Kornfeld writes:3

The Mishnah states that on Erev Pesach, one may not eat from "close to Minchah... until dark."
The Gemara cites a similar Beraisa in which Rebbi Yehudah says that this applies both to Erev
Shabbos and to Erev Yom Tov. The Beraisa, though, leaves out the words "until dark."

Is there a difference between the requirement to refrain from eating on Erev Pesach and the
Halachah to refrain from eating on Erev Shabbos?

TOSFOS writes that on Pesach there is a special requirement to eat Matzah at the time of the
Korban Pesach, after nightfall. Therefore, the Mishnah says that one may not eat "until dark." On
Shabbos, however, a person may accept the sanctity of Shabbos, recite Kiddush, and begin his
meal even before nightfall. The ROSH agrees with this opinion.

BACH (beginning of OC 472) cites the MAHARAL (Gevuros Hash-m 48) who writes that while
one may begin his Shabbos meal before nightfall, he must eat part of his meal after dark. The
source of the Mitzvah to eat three meals on Shabbos is the verse which mentions the word
"ha'Yom" ("the day") three times (Shemos 16:25; see Shabbos 117b). The time before nightfall is
not yet called the day of Shabbos. Therefore, at least part of the meal must be eaten on Shabbos
after nightfall.

‫תוס' ד"ה ערב פסחים‬

Tosfos reconciles the text 'Erev' (singular) with Pesachim [plural]).

.'‫ ניחא‬,‫אי גרסינן 'ערבי‬

If we read 'Arvei', that is fine.

... '‫ואי גרסינן 'ערב‬
But if we read 'Erev' ...
.‫ ערב ששוחטין בו פסחים‬- ‫ה"ק‬

Then what the Mishnah is saying is - 'The evening on which one Shechts Pesachim'.

.‫א"נ ערב פסח ראשון ושני‬

Or 'the eve of Pesach Rishon and Pesach Sheini.

TOSFOS (DH Ad) cites RABEINU YEHUDAH who quotes the Yerushalmi that Erev Shabbos
and Erev Pesach are the same; just as one may not eat until after dark on Erev Pesach, so, too, one
may not eat on Erev Shabbos until after dark. Therefore, the Beraisa which discusses Erev Shabbos
3
https://dafyomi.co.il/pesachim/insites/ps-dt-099.htm

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should also say "Ad she'Techshach" ("until dark"). Apparently, one may not eat on Erev Shabbos
until after dark because one cannot fulfill the Mitzvah to declare the sanctity of Shabbos ("Zachor
Es Yom ha'Shabbos") when the day of Shabbos has not yet arrived.

On Erev Pesach, one must wait until dark to recite Kiddush at the beginning of the Seder
(SHULCHAN ARUCH OC 472). The TERUMAS HA'DESHEN (#137) reasons that the four cups
of wine, which include the cup of Kiddush, represent the Ge'ulah which is celebrated Pesach night.
Since the Ge'ulah occurred after nightfall, the Seder must wait until that time as well.

With regard to Shabbos, the SHULCHAN ARUCH (OC 267:2) writes that one may begin his
Shabbos meal before dark, as long as he starts after Plag ha'Minchah (1 1/4 hours before sunset).

MISHNAH BERURAH quotes the view of the BACH in the name of the MAHARAL (in (b)
above), that if one eats his Shabbos meal early, he should eat at least a k'Zayis of bread after
nightfall.

Mishnah Berurah raises another issue. The MAGEN AVRAHAM (OC 233) writes that one is
not permitted, on any night, to begin a meal within a half-hour before nightfall because he might
get involved in his meal and forget to recite Keri'as Shema after dark. Therefore, if one does recite
Kiddush and begin the Shabbos meal early, he must start prior to a half-hour before nightfall (but,
again, after Plag ha'Minchah).

The Mishnah Berurah cites the TAZ (OC 233 and 271) who, on the contrary, permits a person to
start his meal even within a half-hour of nightfall, as long as he has already recited Keri'as Shema.
This is based on the opinion noted by TOSFOS (Berachos 2a) that one may say Keri'as Shema
before nightfall.

However, the Mishnah Berurah (in BI'UR HALACHAH 271:1 and SHA'AR HA'TZIYUN 267:1)
points out that the ruling of the Taz applies only to people who have a Minhag to always recite
Ma'ariv early. One who always recites Ma'ariv after sunset is not permitted to recite Keri'as Shema
early on Friday evening and begin the Shabbos meal early.4

Drinks on Us
Rabbi Jay Kelman writes:5

4
This discussion applies only to eating the Shabbos meal before dark. With regard to accepting upon oneself the sanctity of
Shabbos before dark, the SHULCHAN ARUCH (OC 261:2) cites the opinion that it is a Mitzvah to add to the Shabbos from the
weekday ("Tosefes Shabbos"). See Mishnah Berurah there (261:19).
5
https://www.torahinmotion.org/discussions-and-blogs/pesachim-99-drinks-us

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Jewish law is most strict when it comes to accepting charity. "Make your Shabbat like a weekday"-
-eating less quantitatively and qualitatively--"and do not have need for others [for
support]"(Pesachim 113a). The argument that some jobs are too demeaning is addressed by the
Talmudic ruling, "Skin carcasses in the marketplace and receive wages, and do not say 'I am a
kohen, I am too important a person [for this]!'" (ibid).

In Talmudic times, a Jewish food bank was designed with two types of distribution depots. Those
who had only enough food for one week or less were allowed to accept charity from the kupah,
the main charity plate. Those whose poverty was so extreme that they did not even have enough
money to purchase their next two meals[1] were allowed to collect from the special charity plate
known as the tamchui. And those who had food supplies even for just a week were not entitled to
utilize food banks.

It is thus somewhat surprising to read, "Do not give him [the impoverished] less that four cups of
wine, even if [the money for it comes] from the tamchui" (Pesachim 99b). While drinking wine is
a central part of the seder, when all is said and done, it is "only" a rabbinic mitzvah. Would it not
be enough to give the poor one cup of wine, or maybe even none at all?

There are times when norms are meant to be broken. For one night a year, on the night we celebrate
the forming of our nation, there are no social distinctions. At least for this night, "all men are
created equal". Even the poorest of the poor are entitled to feel rich for one night[2].

The obligation to deplete the charity plates if necessary, also serves as a reminder of the communal
obligation to refill those charity plates. Moreover, perhaps the Mishnah is hinting that the mere
need for a tamchui is a poor reflection on society. It is great that the poor have somewhere to turn
to get food, but tragic that there is a need for such. Society must have as its goal the eradication of
poverty, even if in reality, such is unattainable. But if we don't have the goal, there is sure to be a
need for more tamchuis. At least on Pesach, the notion of a charity plate must be a foreign one.

The ruling that we are to ensure that the poor have enough wine is the third law of the opening
Mishnah of Arvei Pesachim, the tenth and last chapter of the mashechet and the only one that deals
with the laws and rituals of the seder. The first law of the Mishnah teaches that one may not eat
from mid-afternoon onward on erev Pesach, to ensure that one will eat matzah with a full appetite.
While we must feed the poor, those of means can wait to eat. The Mishnah introduces us to the
poor with the teaching, "Even the poor in Israel should not eat without reclining"; reclining being
the symbol of wealth and freedom.

There is at least one other time that distinctions between rich and poor are eschewed: on Yom
Kippur, when "the daughters of Israel would go out with borrowed clothes, so as not to embarrass
those who do not have" (Taanit 26b), and dance. When the books of life and death are open, all
class distinctions fade away. And it is for this reason that Rabban Gamliel instituted the rule that
rich and poor alike are to be buried in simple shrouds (see Moed Katan 27a-b).

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It is not possible nor desirable that all should be economically equal. However, ultimately, wealth
matters very little. It is our character that is the true legacy that rich and poor alike will pass down
to future generations.

‫תוס' ד"ה לא יפחתו לו‬

Tosfos clarifies the Mishnah, virtually word by word

.‫ גבאי צדקה‬- ‫פי' רשב"ם‬

The Rashbam explains that it refers to the Gana'ei Tzedakah.

.'‫וגרס 'לא יפחתו‬

And he has the text 'Lo Yifch'su lo' (without a 'Vav).

.‫ ל' יחיד‬,'‫ מדלא קתני 'לא יפחות‬,‫וכן נראה‬

And this is correct, since it does not say 'Lo Yifchos', in the singular.

... ‫וליכא למימר ד'יפחתו' א'ד' כוסות קאי‬

Nor can one say that 'Yifch'su' (in the plural) refers to the four cups ...

.‫ הוה ליה למיתני 'ארבע כוסות' בלא מ"ם‬,‫דאם כן‬

Because if so, the Mishnah ought to have said 'four cups', without the 'Mem' in front.

.‫ לא ימנע מלקבל כדי לקיים ארבע כוסות‬- ‫והא דקאמר 'אפילו מן התמחוי'הכי פירושו‬

And when the Tana says 'even from the Tamchuy', he means that he (the poor man) should not
refrain from taking from accepting if need be, in order to fulfill the Mitzvah of four cups.

.‫וארבע כוסות פירש רשב"ם כנגד ארבעה לשוני גאולה‬

Regarding the four cups, The Rashbam explains that they correspond to the four expressions of
redemption.
.‫וכן יש בירושלמי‬

And so, it says in the Yerushalmi.

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Tosafos above, write that the words of the Mishnah suggest that the supplies provided from the
community chest are for “him”, meaning the head of the household.6

Tosafos ponders whether this actually means that rations for four cups of wine were only given to
the one person per family, and that the other members of his family, i.e., his wife and children,
would fulfill their obligation to have four cups by listening attentively to his fulfillment of the
mitzvah. This is a reasonable assumption, claims Tosafos, as we find that the head of the household
says Kiddush for his family all year long, and he is ‫ מוציא‬his family to fulfill their obligation.

Why, then, should he not be able to drink the four cups of wine at the proper moments as
the seder progresses, and thereby be ‫ מוציא‬everyone in their mitzvah?

After bringing proofs from other Gemara citations which indicate that, indeed, four cups are only
needed for one person per seder, as well as proofs to the contrary, that indicate that everyone had
to have his or her own set of four cups, Tosafos concludes that it is appropriate to “be ‫“ מחמיר‬and
to arrange that everyone have his or her own set of four cups of wine for the seder.

Maharal (Gevuros Hashem, Ch. 48) discusses this issue, and to him it is obvious that each and
every person must have his own set of four cups. He notes that it is not possible for one person to
be ‫ מוציא‬others in eating matzah and marror, and it is similarly impossible to consider the drinking
of the cups by the father to be ‫ מוציא‬the members of his family. This is a mitzvah that is incumbent
upon each person directly, and it cannot be delegated or fulfilled through representation. The
association Tosafos makes to Kiddush all year, says Maharal, is not valid. Kiddush is mainly just
that, the declaration of Shabbos being holy. We do it while holding a cup in order to elevate its
importance, but the drinking of the cup is merely ancillary to the Kiddush recitation.

The four cups at the seder on Pesach, however, are a function of the cups themselves. Our sages
who established these four cups also arranged precisely when and how they are to be consumed.
But they remain integrally an act of drinking, and this cannot be fulfilled by sitting at a table where
someone else drinks for you.

The Gri”z on Rambam (Chometz u’Matzah 7:9), in the name of R’ Chaim, explains Tosafos. As
we find regarding Kiddush all year, the four cups on Pesach are also not mainly for drinking. The
sages arranged to have a new cup in one’s hand as he recites Kiddush, Maggid, Birkas Hamazon
and Hallel.

It might be allowed, as Tosafos considers, for one person to drink. This is why Tosafos considered
it an alternative that one person be provided with the four cups, and everyone else fulfill his
obligation with listening to him.

6
https://dafdigest.org/masechtos/Pesachim%20099.pdf

14
 Rav Yair Kahn writes:7

A. Tosafot s.v. Lo Yokhal

‫תוס' ד"ה לא יאכל אדם‬

Tosfos first establishes the case and then what it is that the Tana is prohibiting to eat.

.'‫ כדאמרינן בגמ‬,‫ ומשום מצה‬,‫פירוש אפילו התפלל‬

This refers even to where he has already Davened (Minchah), and the Isur is that of Matzah,
as the Gemara explains.

.(:‫ כדתנן בפ"ק דשבת )ד' ט‬,‫ אפילו בשאר ימות השנה אסור‬,‫דבלא התפלל תפלת מנחה‬

Because if one has not yet Davened Minchah, it is forbidden even during the rest of the
year, as we learned in the Mishnah in the first Perek of Shabbos (Daf 9:).

... ‫ אפילו קודם נמי אסור‬,‫ ומה לא יאכל? אי מצה‬,‫וא"ת‬

Question: What is he forbidden to eat? If it is Matzah, it is forbidden even earlier

?'‫ כאילו בועל ארוסתו בבית חמיו‬,‫כדאמרינן בירושלמי 'כל האוכל מצה בערב הפסח‬

As we learned in the Yerushalmi 'If someone eats Matzah on Erev Pesach, it is as if he is

intimate with this betrothed ion his father-in-law's house!'

?'‫( 'אבל מטבל הוא במיני תרגימא‬:‫ הא אמר בגמרא )ד' קז‬,‫ואי במיני תרגימא‬

And if it is kinds of 'Targima' ('dessert'), the Gemara (on Daf 107:) permits eating kinds of
dessert (such as fruit)?

‫ אבל‬,‫ דלא אסר בירושלמי אלא במצה הראויה לצאת בה חובתו ואוכלה קודם זמנה‬,‫ דאיירי במצה עשירה‬,‫וי"ל‬
.‫מצה עשירה שריא‬

The Mishnah is talking about Matzah Ashirah (made with egg and fruit-juice), since the
Yerushalmi only forbids eating before the time Matzah with which one fulfill one'
obligation after the time, but not Matzah Ashirah.
.‫וכן היה נוהג ר"ת‬

And this is what Rabeinu Tam used to do.

7
https://www.etzion.org.il/en/arvei-pesachim-2-99b

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The Mishna prohibits eating during the afternoon of Erev Pesach until nightfall. Tosafot question
what foods could have potentially been eaten, which are now prohibited by this injunction.

Tosafot's dilemma is based on a later gemara (107b) which limits the injunction of our mishna to
serious eating. However, allowance is made for a light snack, referred to as "minei targima."
Apparently, Tosafot feel that anything that does not constitute a se'uda (a meal) is "minei targima"
and consequently permitted. This includes fruits, vegetables, fish, meat and cakes. (According to
more restrictive definitions of minei targima, the entire problem is avoided. This will be discussed
in greater detail on 107b.)

This means that only some form of bread is prohibited. Now chametz is clearly not the food which
is prohibited by our mishna, since it is banned by the Torah from noon (according to most
opinions). Matza is also banned on Erev Pesach (based on the Talmud Yerushalmi. There are
customs to begin this ban on Rosh Chodesh Nissan, or 30 days before Pesach.) What, therefore, is
forbidden before the mincha, according to the mishna?

Tosafot respond that the mishna is referring to "matza ashira" (matza baked with eggs, wine, fruit-
juice and the like), which is not suitable for the mitzva of matza. This solution is based on two
assumptions:

1. Matza ashira is NOT considered "minei targima;" i.e., despite its ineligibility for the mitzva
of matza, it IS considered bread. This could be based on the understanding that although
matza ashira qualifies as bread (regarding birkat ha-motzi etc.), nevertheless, it is not
considered "lechem oni," poor man's bread required for the mitzva of matza. (There are
opinions, however, which deny matza ashira the status of bread.)

2. Matza ashira is permitted on Erev Pesach. This, of course, would depend on the reason one
is not allowed to eat matza on Erev Pesach. It may be that one is prohibited from pre-
empting the fulfillment of the mitzva. Accordingly, only matza which lends itself to the
fulfillment of the mitzva would be banned. (See Me'iri.)

Alternatively, one could claim that the injunction of the Yerushalmi is in order to promote and
ensure a feeling of novelty and excitement in anticipation of eating matza on the Seder night.
According to this possibility, anything which tastes very similar to matza may be included in this
ban. (See Maharsha.)

A clear nafka mina between these two possibilities is matza which was not baked with the intention
to be used for the mitzva of matza (not "lishma;" i.e., not "shemura matza"). It is physically
identical to ordinary matza but eating it does not constitute a mitzva performance. [What would
you say about the use of egg matzot?]

This issue becomes very real when Erev Pesach falls out on Shabbat. On the one hand, we cannot
eat matza. On the other hand, we are obligated to eat a full meal on Shabbat, which includes bread

16
(or matza). One solution is to wake up early and eat bread before the fifth hour, being very careful
to dispose of all the crumbs.

However, the above discussion leads to another possible solution. If we could find something
which is considered bread but is not chametz nor prohibited as matza on Erev Pesach, the problem
would be solved. (See OC 444:1.)

B. Tosafot s.v. Ad

‫תוס' ד"ה ערב פסחים‬

Tosfos reconciles the text 'Erev' (singular) with Pesachim [plural]).

.'‫ ניחא‬,‫אי גרסינן 'ערבי‬

If we read 'Arvei', that is fine.

... '‫ואי גרסינן 'ערב‬
But if we read 'Erev' ...
.‫ ערב ששוחטין בו פסחים‬- ‫ה"ק‬

Then what the Mishnah is saying is - 'The evening on which one Shechts Pesachim'.

.‫א"נ ערב פסח ראשון ושני‬

Or 'the eve of Pesach Rishon and Pesach Sheini.

Tosafot distinguish between the normal case of Shabbat and Yom Tov where it is possible to begin
kiddush and the meal prior to nightfall and the unique case of the Seder night which requires actual
nightfall. Normally, it is possible to extend (add on to) a holiday or Shabbat. Therefore, one can
begin the Shabbat or Yom Tov meal earlier. This is known as "tosefet." Why, then, is the Seder
night an exception?

"Tosefet" is created through sanctification. When one recites the kiddush, he sanctifies the day.
"Tosefet" enables one to add the sanctity of Shabbat to parts of the mundane week which are
adjacent to Shabbat. Thus, by reciting kiddush late on Friday afternoon, one sanctifies that section
of Friday and includes it within the Shabbat. Regarding tosefet Shabbat as well as tosefet Yom
Tov, we are dealing with halakhic categories of kodesh and chol. Therefore, the act of
sanctification is relevant.

However, Seder night is not only a function of kedushat Pesach - the sanctity of Pesach which can
be advanced via tosefet. The Seder must be performed not only on Pesach but also at night. Night
and day are not halakhic categories and are not influenced by the act of man. Night and day are
natural phenomena. The halakha can, at times, sanctify the mundane; however, it can never
transform night into day. Therefore, the possibility of tosefet is out of context with respect to Seder
night.

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Based on this analysis, the Chatam Sofer allowed the kiddush of the Seder night to be recited
before nightfall, while requiring one to wait for actual night regarding the haggada. He argued that
kiddush on the Seder night is similar to any kiddush of Shabbat and Yom Tov, and it is therefore
a function of the halakhic categories of kodesh and chol. However, reciting the haggada must be
during the time period when one may eat matza, which is night and not day.

Rav Soloveitchik zt"l argued that kiddush on the Seder night serves a dual role. It is the standard
kiddush of a regular Yom Tov. However, on the Seder night, it is also an integral part of the
haggada. Accordingly, one must wait for nightfall in order to recite the kiddush of Seder night.
(See Terumat Ha-Deshen 137 and Shiurim Le-zekher Abba Mari vol. 1 and Si'ach Ha-Grid pp. 8-
10. This will be discussed in greater detail in a later shiur.)

A third possibility would be to distinguish between the reciting of the kiddush which is common
to all holidays, and the obligation to drink the wine, which as one of the four kosot includes an
aspect specific to the seder night. Accordingly, one could recite the kiddush immediately prior to
nightfall, and subsequently drink the wine once night has arrived.

C. Rashbam s.v. Va-afilu

The mishna requires a poor man to somehow obtain four cups of wine for the Seder. The Rashbam
claims that if necessary, he must go so far as selling his garments in order to purchase the wine.
The Maggid Mishneh (Hilkhot Chanukah 4:12) explains that this halakha is specific to those
mitzvot which are in the category of "pirsumei nissa" - publicizing a miracle. Included in this
category are reading the Megilla on Purim and lighting Chanuka candles. According to the Maggid
Mishneh, our mishna is the source of the Rambam's ruling (ibid.) that a pauper must sell his
garments, if necessary, in order to purchase Chanuka candles.

According to the Rashbam, the mishna also obligates the giving of tzedakah to enable the pauper
to purchase four cups of wine. The story is told of poor man who asked the Beit Ha-Levy if it is
permissible to use milk instead of the four cups of wine. The Beit HaLevi responded in the
negative, and gave the man a large amount of tzedakah, by far exceeding the sum needed to
purchase wine.

The wife of the Beit HaLevi was surprised by the sum and confronted her husband after the poor
man left the house. The Beit HaLevi explained, that if this man is considering milk instead of wine,
he obviously doesn't have enough money to purchase meat for the Yom Tov meal.

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R A B B I R O N A L D H . IS A A C S W R I T E S : 8

The special home ceremony on the night of Passover, the seder (which literally means “order”), is
based on the biblical injunction to parents to inform their children of the deliverance, or Exodus,
of the Israelite slaves from Egypt. “And you shall tell your son in that day, saying: It is because of
that which God did for me when I came forth out of Egypt” ( Exodus 13:8 ).

According to the scholar Abraham Bloch, the first step leading to the creation of the home
Passover seder service was taken during the period of the great Temples in Jerusalem, when the
Jews who had slaughtered the paschal (Passover) offerings joined the Levites in the chanting of
the Hallel (psalms of praise).

The second significant step in the development of the home ritual of the seder was the provision
for the Hallel to be chanted not only at the slaughtering of the offering, but also at the family feasts
when the paschal lamb was eaten (Talmud Pesachim 95a ). The paschal lamb was eaten in private
homes throughout the city of Jerusalem, and the chanting of the Hallel was likely a forerunner of
the seder service. (Today, the Hallel prayer remains a part of the seder service.) It is conjectured
that the head of the household informally told the story of the Exodus in keeping with the biblical
injunction that one should tell his children about the Exodus.

Beginning with the period of the Tannaim (teachers living in the first two centuries of the Common
Era), we begin to find Talmudic references to various phases of the seder ceremony as we know it
today. Thus, for example, Rabbi Eliezer ben Tzadok discusses haroset, the nut and fruit mixture
we eat at the seder ( Talmud Pesachim 114a ), and Rabbi Joshua ben Haninah discusses the
sequence of the kiddush (blessing over the wine) and Havdalah (ceremony bidding farewell to the
Sabbath) on a festival night following the Sabbath ( Talmud Pesachim 103a ).

From page 116a of the Talmudic tractate of Pesachim, it is clear that considerable portions of the
seder service were already adopted prior to the destruction of the Temple in the year 70 CE:

“They filled a second cup for him. At this stage the son questions his father. If the son is
unintelligent, his father instructs him to ask, “Why is this night different from all other nights? For
on all other nights, we eat leavened and unleavened bread, whereas on this night we eat only
leavened bread. On all other nights we eat all kinds of herbs, but on this night bitter herbs…”
The development of the seder in the first century was guided by the specific function of the
celebration — the reenactment of the historic events of the 14th of the month of Nisan, the night
the Exodus took place. This led to the introduction of herbs, which were dipped in vinegar, or
possibly red wine, and then eaten. The Talmud (Pesachim l14b) at a later period explained this
practice as an incentive to children to be curious about the procedure and ask questions. Some
trace the origin of the custom to the reenactment of the biblical account of the dipping of the hyssop
in the blood of the Passover lamb and the smearing of the blood on the doorposts of Jewish homes.

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The haroset, reminder of the mortar (Talmud Pesachim l16a), also fitted in with the broad objective
of the early version of the seder meal.

The four questions asked by the child during the course of the seder meal have been changed over
the centuries. The earliest version of these questions was preserved by the Jerusalem Talmud
(Chapter 10 of Pesachim). This text contains only three questions, the first one beginning with the
Hebrew phrase “mah nishtanah” — why is it different? — which is used in our day as well.

The Seder in the Post-Temple Era

The destruction of the Temple in Jerusalem by the Romans in 70 CE brought an end to the
pilgrimages to Jerusalem. This made for the discontinuance of the paschal lamb, and the chanting
of the Hallel at home was no longer required. The ritual of the bitter herbs, which was linked to
the eating of the paschal lamb, was also likely eliminated. There was even serious doubt whether
the biblical obligation to eat unleavened bread survived the destruction of the Temple.

All that definitely remained was the negative injunction to refrain from eating hametz (leavened
bread and food). The duty to reevaluate the seder now fell upon Rabban Gamliel II, the first head
of the academy after the destruction of the Temple. The first basic statement of the reevaluation of
the Passover ceremony was given in the famous dictum of Rabban Gamliel, “He who does not
stress these rituals on Passover does not fulfill his obligations: the paschal lamb, matzah,
and maror [bitter herb]” (Talmud Pesachim l16a).

The commemoration of the paschal lamb (called the “pesach “) was to be stressed as a lesson
pointing to the fact that God had passed over (“pasach“) the homes of the Israelites in Egypt during
the slaying of the first-born Egyptian children. With this addition, the pageantry of the seder was
no longer confined to only a reenactment of the events of the 14th of Nisan. The plague of the
death of the firstborn took place after the historic feast of the paschal lamb, and now the doors
were opened for the recitation on the Seder night of wondrous events occurring both prior and
subsequent to the departure of the Israelites from Egypt.

Regarding the unleavened bread, Rabban Gamliel’s dictum associated the symbolism of matzah
with redemption rather than affliction. This added a note of hopefulness to the Passover meal. The
symbolism of the maror, the bitter herbs, remained the same as in previous centuries, representing
the tears of the Israelites in Egyptian slavery.

The recitation of Rabban Gamliel’s new interpretation was made obligatory for all Jewry, thus
assuring widespread compliance. The answer of the father to the child’s questions, once
spontaneous, was now part of a prescribed formula. According to most scholars, the content of the
pre-meal portion of the Haggadah was well established by the first third of the second century. But
its final form and sequence was not yet entirely determined, as can be attested to by the fact that
debates loomed in the Talmud (tractate Pesachim) regarding various texts to be included in the
Haggadah.

Rabban Gamliel’s reinterpretation of the seder led to the practice of reclining at the seder
table ( Talmud Pesachim 99b ), a sign of freedom because slaves ate their meal in a standing
position.

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Four Cups, Four Sons

The obligation to drink four cups of wine on the seder night was another rabbinic provision
introduced within several decades after the destruction of the temple ( Talmud Pesachim 109b ).
The most quoted reason for the four cups of wine is that they symbolize the fourfold divine promise
of liberation contained in Exodus 6:6-7 (“I will free you from the burdens of the Egyptians, I will
deliver you from their bondage, I will redeem you, I will take you as my people”). The wine was
intended to add joy and gaiety to the seder meal, and the drinking of the cups was spaced properly
to produce joy but to prevent intoxication. To each cup was assigned a special place in the seder
ritual: the first two cups when the story of slavery is recited, and the last two cups when the glory
of freedom is related ( Talmud Pesachim 108a ).

Another high point of the Passover seder is the section of the four sons. The narrative of the four
sons is based on the Bible speaking four times of “your sons” inquiring about the meaning of
Passover and each time poses his question in different terms. Once ( Deuteronomy 6:20 ), he is
represented as asking, “What means these testimonies and statutes and judgments that the Lord
our God has commanded us?” Another time ( Exodus 12:26 ), he demands brusquely, “What
means this service of yours?” A third time ( Exodus 13:14 ), he asks simply, “What is this?” And
a fourth time ( Exodus 13:8 ), the question is not even framed but merely implied. This variation,
said the sages, is purposeful. In each case, the form of the question typifies the character and
attitude of the inquirer, who is respectively wise, wicked, simple, and too young to ask. Each must
be answered differently, in appropriate fashion.

In Every Generation

Properly understood, the seder ceremony is no mere act of pious recollection, but a unique device
for blending the past, present, and future into a single comprehensive and transcendental
experience. The actors in the story are not merely the particular Israelites who happen to have been
led out of bondage by Moses, but all the generations of Israel throughout all time.

In an ideal sense, all Israel went forth out of Egypt and all Israel stood before Sinai. The conception
of the seder meal as an experience rather than simply a recitation of text runs like a silver thread
through the whole of Jewish tradition and finds expression on every page of the Haggadah. “Every
person in every generation,” says a familiar passage in the Haggadah, “must look upon himself as
if he personally had come forth out of Egypt.”

The deliverance by Egypt paved the way for Mount Sinai and Israel’s acceptance of its divine
mission. The seder narrative relates the whole story of how the Israelites move progressively from
darkness to light.

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Sue Parker Gerson writes:9

Our daf brings us to the start of Chapter 10, the final chapter in Tractate Pesachim, all about the
Passover seder. (It’s probably what you thought you were signing up for when beginning this
tractate!) It’s also one of the pages of Talmud in which the primary text in the middle of the page
is only a few lines long because the rest of the page is taken up by the masses of commentary
surrounding it.

The mishnah that begins this chapter on 99b relates:

On the eve of Passover, adjacent to mincha time, a person may not eat until dark. Even the
poorest of Jews should not eat until he reclines. And the distributors of charity should not give
a poor person less than four cups of wine, even if the poor person is one of the poorest members
of society and receives his food from the charity plate.

The Torah says the paschal lamb must be eaten with unleavened bread and bitter herbs but says
nothing about drinking wine with your paschal meal. According to the Talmud, however,
this mitzvah is so important that even a person who relies on charity to eat is required to drink four
cups of wine at the seder. (Note: Tosafot on 99b do discuss the possibility of the householder
sharing the cup with all of the family, as on to Kiddush on other holidays or Shabbat, but the
mitzvah of four cups is so ubiquitous that very few rely on this.)

The Jerusalem Talmud lists several reasons for the rabbinic requirement of four cups, the first of
which is the most commonly understood: that the cups correspond to the four expressions of
redemption stated by God in reference to the Exodus from Egypt in Exodus 6:6-7: “I will bring
you out from under the burden of the Egyptians, and I will deliver you from their bondage, and I
will redeem you with an outstretched hand, and with great judgments; and I will take you to Me
for a people.” (This explanation is also found in Genesis Rabbah 88:5.) The three other
explanations are that “cup” is mentioned four times in connection with Pharaoh and the butler in
the story of Joseph (Gen. 40:11-13), that Israel was enslaved to four different kingdoms (Chaldees,
Media, Greece, Edom/Rome) and that God will give the enemies of Israel four cups of punishment.

All of these reasons are perfectly good midrashic rationales for why four cups of wine are
consumed at the Passover seder, which, after all, has as its main theme the redemption of the
Jewish people from slavery. But why would it be so important that even the poorest among us,
those who rely on eating from the communal charity plate (literally, hand to mouth), must also be
provided with enough wine to fulfill this mitzvah? (A poignant note in the Schottenstein translation
of the Babylonian Talmud states “It goes without saying that poor people must be provided with
such necessities as food and matzah.”) The medieval commentator Rashbam rules that in the event
the charity collectors do not provide sufficient wine or money, these poor individuals should sell
their clothing or hire themselves out as day laborers to afford it for themselves.

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I think there are two reasons for this insistence on four cups of wine for everyone, even the poor,
that similarly point to the main themes of the Passover holiday.

First, as stated in this same mishnah, we are all – no matter our economic status – obligated to act
as free, wealthy people on seder night. We all recline, we all eat, we all drink. To use a modern
word, at the seder, we are all privileged. This is the plain meaning of the mitzvah – but I don’t
think it’s the primary reason we are required to provide the poorest among us with everything they
need for the seder.

That reason is found elsewhere in the seder text. When beginning the maggid, the retelling of the
exodus, we declare: “Let all who are hungry, come and eat.” Mandating that even the poorest of
the poor are part of the “all” is a message not to the impoverished, and not to the administrators of
the local food pantry, but to us. We have a responsibility to make sure that no one in our community
is living hand to mouth. And, if those efforts remain unsuccessful, we have a responsibility to
invite those people into our homes and to provide each one with a chair to recline on, four cups of
wine, and — it goes without saying — sufficient food and matzah. Only then can we all be free.

Drisha Institute10

address the following questions.11

1. What is the function of mishnah 1 within the structure of our chapter?

1. Explain the halakhic rationale for each of the 3 halakhot of mishnah 1.
1. 1) first halakhah – see Rashi 99b sv lo yochal; gemara 107a-b; beginning of
Yerushalmi to our mishnah (parallel to BT 99b-100a); Tosafot 99b
sv ad (cited in Melekhet Shelomoh to mishnah here.
2. 2) second halakhah – see Bertinoro and Tosafot Yom Tov, sv vaafilu ani
3. 3) third halakhah – see BT 112a and Tosafot Yom Tov sv vaafilu min
hatamhui
2. Why do these three halakhot appear together in the first mishnah of our chapter?
2. Is our chapter describing the seder of Second. Temple times or the seder of after the
hurban (or both)? How do you know?
3. What is the role of the 4 kosot in the seder?
4. Divide the chapter into sections. Justify your criteria for this division.

In order to understand the structure and meaning of this chapter, we will open with a discussion of
the halakhot and the structure of the first mishnah and utilize this mishnah as a jumping off point
for examining more general themes within Mishnah’s presentation of the seder.

The first mishnah serves as a kind of general introduction to the seder. It is unclear, however, what
the three halakhot mentioned in this mishnah –

10
https://drisha.org/about/
11
https://drisha.org/pesachim-10/

23
(a) not eating prior to nightfall,
(b) to recline during the meal,
(c) the 4 kosot of wine – have in common, and why they were selected to set the mood for the
Mishnah’s seder.

We may note that these three halakhot are connected by an interlocking “chain” structure, in which
each sentence shares a point with the previous one.

(a) and (b) are linked by the shared expression: lo yochal ad she… ;
(b) and (c) both refer to the ani shebeyisrael.

Clearly the mishnah has carefully selected and arranged these three halakhot – to what purpose?
The latter two halakhot seem to convey a clear message: the seder makes no allowances for
poverty.

All Jews, whatever their financial and social standing may be, participate equally in a meal which
is marked by symbols of high social rank: reclining and liberal quantities of wine. Indeed, these
symbols are to be included in the meal, even though their fictitious nature is apparent: the poor
man will recline, even though he does not possess the appropriate furniture (Tosafot Yom Tov, sv
vaafilu ani); he will be provided with 4 kosot or wine, even from funds of communal charity,
normally not used for such seemingly frivolous purposes (see BT 112a and Tosafot Yom Tov sv
vaafilu min hatamhui).

How does the first halakhah of this mishnah tie into this pattern? The gemara offers three
explanations for the prohibition of eating between Minhah and nightfall:

(1) a general prohibition against having a meal on erev shabbat or erev hag in order not to spoil
one’s appetite for the festive meal (in accordance with the view of R. Yehudah, against R. Yose,
in Tosefta Berachot 5:1 – Yerushalmi and compare BT 99b-100a).

(2) in order not to spoil one’s appetite for eating matzah at night (BT 107b and compare Rashi 99b
sv lo yochal).

(3) lest one become involved in eating and fail to bring the korban Pesah (BT 107b).

Following either of the first two explanations will enable us to connect this halakhah with the other
two halakhot in the mishnah insofar as all three halakhot involve preparations for the meal. The
first mishnah describes how a person is to gear up for the seder: he must ensure that he will have
an appetite, that his furniture (appropriate or inappropriate) be set up for reclining, and that he have
sufficient wine. The third explanation, however, seems to separate this halakhah from the rest of
the mishnah.

There is, however, a variation on the third explanation which opens up a new perspective on the
structure of this mishnah and, in fact, is suggestive of an approach to understanding the conceptual
structure of the entire chapter.

24
 Melehket Shelomoh (citing Tosafot 99b sv ad) notes a reading of halakhah a which focuses not
on a prohibition against eating in general but on the eating of the korban Pesah:

“it comes to teach us that, even though the slaughtering of the korban Pesah is during the day,
it is not eaten during the day as other sacrifices are.”

The difference between korban Pesah and other sacrifices may be conceptualized as follows: in
most sacrifices, the focus is what is offered on the mizbeah (blood sprinkled and body parts
burned); the eating of part of the sacrifice is an adjunct to the part offered on the mizbeah – this is
implicit in the Talmudic dictum mishulhan gavoah ka-zakhu (BT Kiddushin 52b).

The part of the sacrifice given for human consumption is, as it were, inviting man to partake, as a
guest, of the “meal” celebrated at God’s “table”, the mizbeah, hence the time for eating the
sacrifice commences immediately after the portion of the mizbah has been offered. Regarding
the korban Pesah, however, the focus is reversed: the main purpose of this offering is to be eaten
(see, for example, mishnah 7:5), and the eating is a mitzvah in its own right. Thus, there is a
separate time for sacrificing (14 Nissan) and for eating – the seder night.

The foregoing discussion has exposed us to some central issues within the Mishnah’s treatment of
the seder. We may note, first, that the first mishnah focuses on eating and drinking – the seder is,
first and foremost, a meal, not a beit midrash. This idea, we will soon see, is central to
understanding the entire chapter.

Second, the explanations of the first halakhah have centered on 3 different foci of the seder meal:
the mitzvah of simhat haregel (a festive meal – compare Tosefta 10:4), the mitzvah of
eating matzah, and the mitzvah of eating korban Pesah.

Third, the elements of the meal which our mishnah focuses on are (mostly or entirely, depending
on the explanation chosen for (1)) not the central mitzvot required by the Torah, but rather rabbinic
requirements – reclining, 4 kosot – which serve as a framework for the meal, rather than its focal
point.

In order to understand the significance of these points and their interrelationship within the
Mishnah’s seder, let us address one of the central questions of our chapter: which seder is being
described? Is the mishnah describing the seder of its own times or the seder of Second Temple
times?

This question confronts us in the first two words of the chapter: arvei (or: erev) pesahim. Tosafot
(99b sv erev pesahim) note the textual variant erev arvei, assuming that the reading arvei
pesahim means “Passover evenings”, whereas erev pesahim would be rendered “evenings
of Paschal offerings”.

The erev pesahim reading is supported by solid textual evidence (manuscripts, Tosefta, Bavli and
Yerushalmi readings of mishnah), to which we may add the observation of modern linguistic
scholars that the plural form pesahim in Talmudic sources always refers to the sacrifice rather than
the festival. Hence the “title words” of the chapter already indicate that the seder about to be

25
described is that of Temple times – the Mishnah seems not to be terribly interested in “updating”
the seder.

Against this conclusion we may note the closing words of m. 3: “and in

the mikdash they would (hayu) bring before him the body of the paschal lamb” – indicating that
the opening of this mishnah refers to present times.

However, here too the weight of textual evidence supports the reading preserved in the
Yerushalmi’s mishnah and in Tosefta 10:9, in which the word hayu is omitted, supporting R. Shaul
Lieberman’s conclusion (Tosefta Kifshuta p. 654) that the mishnah is contrasting the seder inside
and outside the mikdash, both taking place during a time when the Temple stood.

Indeed, there is only one point in the entire chapter which clearly refers to post-Temple times:
Rabbi Akiva’s addition to the asher gealanu blessing (m. 6), which includes a prayer for the
rebuilding of the Temple and the restoration of the sacrificial service.

Our conclusion, that the Mishnah’s focus is on the seder of Temple times, nudges us in the
direction of accepting those understanding of the first halakhah in mishnah 1 which tie the
prohibition of eating to the korban Pesah. Moreover, the above comments suggest an
understanding as to how the different interpretations of this halakhah arose: some explanations
focus on the prohibition against eating in its original context, that of korban Pesah, while other
explanations attempt to account for the prohibition in the context of the post-hurban seder.

The focus of Mishnah’s seder on the way in which it was celebrated during Second Temple times
is reinforced by the structure of the chapter. The chapter divides neatly into three sections
(kevatzim):

1. I 1-3 Introduction + First kos

2. II 4-6 Second kos
3. III 7-9 Third and Fourth kosot + Conclusion

In each section the key components are the kosot, which open each section (in section I, the end of
mishnah 1 introduces the theme of 4 kosot, concluding the introductory halakhot of this mishnah,
and then mishnah 2 opens with the first kos): mazgu lo kos x, and the korban Pesah, which closes
each section. This structure underscores the focus that the Mishnah wants us to maintain.
The kosot of wine serve as the main structural feature of the seder. The korban Pesah is the focal
point of the meal. The Mishnah teaches us that the main mitzvah of the evening, the korban Pesah,
needs to be carried out within the framework of a rabbinic structure, the 4 kosot.

Indeed, the kosot serve as occasion for every stage of the seder.

The first kos introduces the seder, as it ushers in every holy day (at the opening of the festive meal),
with berakhah al hayom.

The third kos closes the meal, as it closes every festive meal, with birkat hamazon (compare
Berakhot Chapter 8, which opens with kiddush and closes with birkat hamazon).

26
The other 2 kosot occasion the unique verbal content of the seder: both of them share recitation of
the hallel.

The second kos also serves as stimulus for the child’s question to his father: “here, upon pouring
the second kos, the son asks his father, what is different about the current occasion, that we pour
a second kos prior to eating” (Rashi to mishnah on BT 116a).

Every festive meal opens and closes with one kos of wine; the seder opens and closes with
2 kosot of wine: 2 before the meal and 2 after the meal.

The additional kos, both before and after the meal, underscore the special celebration associated
with this meal and serve to coordinate the meal with the discussion, study, and song which
accompany the meal.

The centerpiece of the chapter – mishnah 5 (middle mishnah of the chapter’s 9 mishnayot) – is
Rabban Gamaliel’s integration of menu with framework of study: one must not only
consume Pesah, matzah, and marror, but elaborate their symbolic significance. Indeed, the
original text of the mah nishtanah of mishnah 4, as preserved in Yerushalmi’s mishnah text as well
as manuscript versions,12 contained three questions: 2 tibbulim (vegetables = marror); hametz
umatzah; no roasted meat (= korban Pesah).

To sum up:

The literary structure of Pesahim chapter 10 serves to highlight its conceptual structure –
the seder focuses on the korban Pesah, which serves as focal point both for the meal itself and for
the discussion, whose main import is to explain the significance of the korban Pesah and of its
ancillary mitzvot, matzah and marror.

The eating of the korban Pesah meal is enhanced by Hazal’s placing it within the setting of the
4 kosot, which provide for the consumption of this meal a framework which integrates kedushat
hayom, festive joy, study of the Exodus and explanation of the symbolic significance of the meal
and its components, and hallel.

We may now return to the first mishnah and understand more fully the significance of its three
provisions. The first halakhah not only ensures that the meal be consumed with hearty appetite,
but also underscores the uniqueness of the korban Pesah, whose consumption is the centerpiece
of the seder of Second Temple times. Consumption of the korban Pesah must take place at night
because its function is to commemorate – in a way, to reenact – the korban Pesah consumed during
the final hours in Egypt preceding the Exodus and because its consumption needs to function as a
festive meal both commemorating and celebrating the Exodus.

The second halakhah, reclining, emphasizes the significance as well as the ambience of the meal:
a meal whose consumption symbolizes the free-man status of each and every Jew requires of each

12
see discussion in D. Goldschmidt’s Haggadah shel Pesah Vetoldoteha, pp. 10-13

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Jew to set aside normal fetters of social hierarchies and distinctions and to eat the meal in a spirit
and setting which emphasize his importance.

The third halakhah continues the theme of social equality and adds the key structural feature of
the seder: the 4 kosot. These three elements – korban Pesah, spirit of freedom, and 4 kosot – set
the stage for the seder, in which these themes are to be expressed and developed.

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