Mitzvos 4-10

Mitzvah 4 The Mitzvah of sanctifying the new month: To sanctify months and intercalate [months into] years in the court [whose members are] great in wisdom and ordained in the Land of Israel, and to establish the year’s holidays according to that sanctification; as it is stated (Exodus 12:2), “This month shall be to you the first of months.” This means, when you see the renewal of the moon, establish for yourselves the new month — or even if you do not see it, since it is appropriate for [the moon] to appear according to the accepted calculation. Likewise, this Mitzvah includes the Mitzvah of intercalation, since the basis of the Mitzvah to sanctify the month is for Israel to observe Hashem’s holidays at their appointed times. And the Mitzvah of intercalation has the same basis. However, beyond this verse are more Torah passages concerning the Mitzvah of intercalation, and that is what is written (Exodus 13:10), “You shall observe this Mitzvah in its proper time”; and likewise, “Observe the month of Spring” (Deuteronomy 16:1).

The content of the Mitzvah is that two Jews fit to testify come before the court and testify before them that they saw the renewed moon. [The judges then] establish the new month on the basis of their [testimony] and say, “Today has been sanctified.” The reason why this Mitzvah applies only with ordained judges is because it came with the explanation [of the verse], “This month shall be for you” — great [in Torah] and ordained, like you (Rosh Hashanah 22a), since it was said to Moshe and Aharon. This matter was further expounded, as it is juxtaposed to “speak to the entire congregation of the children of Israel,” meaning that they who sanctify the month must have the assent of all Israel, meaning the wisest men of Israel, such as the Great Court (the Sanhedrin). And so [too] any great sage in Israel who was ordained in the Land of Israel. And since ordination is no longer practiced, as is known, [the sage] has permission to perform this Mitzvah even outside the Land of Israel, so long as there is no one of his stature in the Land of Israel. And so we find that Chananiah son of the brother of Rabbi Yehoshua, and Akiva ben Yosef did so in this regard (Berakhot 23a). But without these conditions, no one of Israel is permitted to establish the months or intercalate. And perhaps you will ask, “If so, how do we conduct ourselves today, when we lack ordained sages?” Know that so have we received it; since Rabbi Hillel the Prince, son of Rabbi Yehudah the Prince, who was the greatest of his generation and ordained in the Land of Israel — he was the sage who fixed for us the calculation of intercalation, sanctified future months, and intercalated future [months into] years until the coming of Eliyahu, and it is upon this that we rely today. That which we have said all follows the opinion of Rambam. However, Ramban (in the Sefer HaMitzvot, Positive Mitzvos 153), considers the sanctification of the month as one Mitzvah and intercalation a separate Mitzvah. His proofs (for dividing these into two separate Mitzvos are) in his Book of Mitzvos. And so [too] the Baal Halakhot (considers these separate Mitzvos). And the verse that teaches about the Mitzvah of intercalation, that is, that we calculate the seasons in order to make the holidays in their (proper,) established times, is “You shall observe this Mitzvah in its proper time” (Exodus 13:10), and so, “Observe the month of Spring” (Deuteronomy 16:1), as we have written.

The reason for this Mitzvah [that it is] so that Israel shall make Hashem’s holidays in their (proper) times, as Hashem commanded that we make Pesach in the time that the produce is in [bloom], as it is written (Deuteronomy 16:1), “Observe the month of Spring, and you shall offer the Pesach sacrifice.” And the holiday of Sukkot is [to fall] at the time of the harvest, as is written, “And the holiday of the harvest at the turn of the year” (Exodus 34:22). And were it not for intercalation, the holidays would come not at these times, since Israel calculates their months and festivals according to the lunar year, which has three hundred and fifty-four days, eight hours, and eight hundred and seventy-six parts, which is less than the solar year by ten days, twenty-one hours and two hundred and four parts — its mnemonic is ten, twenty-one, two hundred and four. Due to the ripening of the produce and fruit from the power of the sun, it turns out that but for intercalation — by which we align the lunar and solar years — Pesach would not come in the Spring, nor Sukkot at the time of the harvest. And this matter is to be fixed by the greatest [sages] of the generation, since it is a matter requiring great wisdom. And since it is also said that from this [calculation, one comes to know] the agricultural happenings of the year, it is appropriate to give [this task] only to great and pious men.

The laws of the Mitzvah — for example, interrogating [those who offer] testimony concerning the new month; instilling fear in the witnesses on occasion; the law concerning circumstances under which the Shabbat may be desecrated for this testimony; for what [considerations] we do or do not intercalate; which month they would intercalate, i.e. Adar, as they, may their memory be blessed, expounded, “‘You shall observe this Mitzvah in its proper time’ (Exodus 13:10), this teaches that we only intercalate at the time near the holiday”; and they, may their memory be blessed, further expounded on this verse, “From where do we know that we only intercalate the month during daytime? [We learn this from the] verse, [which] states, ‘from year to year’ (yamim yemimah, literally ‘from day to day’)” (Sanhedrin 10b); and they, may their memory be blessed, further expounded, “‘For the months of the year’ (Exodus 12:2) — it is months you calculate towards the year, not days” (Megillah 5a); furthermore did they say on this matter, “‘A month of days’ (Numbers 11:20), it is days you calculate towards the month, not hours” (Megillah 5a); and the rest of its details —- are [all] elucidated in Tractate Rosh Hashanah, and in the first chapter of Sanhedrin, and similarly in Berakhot. (See Mishneh Torah, Laws of Sanctification of the New Month 1.)

It applies in every place and at all times when we have ordained sages, according to the aforementioned conditions. One who transgresses it and does not [sanctify the new month or intercalate the month] — if he be a sage for whom it is appropriate — has violated a positive Mitzvah; and his punishment is very great since he causes the ruining of the holidays. And now that — due to our iniquities — we do not intercalate by ordained [sages], our calculation relies on the accepted calculation from Rabbi Hillel, as we have said.

Mitzvah 5 The Mitzvah to slaughter the Pesach sacrifice: To slaughter on the day of the fourteenth of Nissan in the late afternoon an unblemished one-year-old male lamb, or kid, in the Chosen House (Temple), and this is called the Pesach (Passover) sacrifice, as it is stated (Exodus 12:6), “The entire assembly of the congregation of Israel shall slaughter it in the afternoon.” The content of this Mitzvah is that all the people of Israel divide into assemblages, take from the market or from their houses an unblemished one-year-old male kid or lamb, and slaughter it in the courtyard of the Temple on the fourteenth day of Nissan in the afternoon. Afterwards in the evening, they eat it, [dividing it up] amongst themselves, after [eating their other] food; since its Mitzvah is that it should be eaten while satiated (Pesachim 70a).

From the roots of this Mitzvah are so that the Jews will remember forever the great miracles that Hashem performed for them during the exodus from Egypt.

The laws of this Mitzvah — for example, the time of slaughter (Pesachim 58a); that it is slaughtered in three groups in the Temple courtyard (Pesachim 64a); that it supersedes the Sabbath (Pesachim 65b); the laws of its designating [the members of the assemblage]; the recitation of Hallel over it; the blowing of the trumpets; and the rest of its details — are explained in Tractate Pesachim. (See Mishneh Torah, Laws of Paschal Offering 1:12.)

It applies to men and women at the time of the [Temple]. One who transgresses it volitionally and does not offer the Pesach sacrifice is liable for excision. [One who transgresses] inadvertently does not bring a sacrifice, since this [Mitzvah] is one of three sins whose volitional transgression is punishable by excision, but whose inadvertent transgression does not [mandate bringing] a sin-offering. And they are this one, one who blasphemes and one who negates circumcision.

Mitzvah 6 The Mitzvah of eating the meat of the Pesach sacrifice: To eat the meat of the Pesach sacrifice on the fifteenth night of Nissan, according to the specifications of the verse, as it is stated (Exodus 12:8), “And they shall eat the meat on this night.”

That which we wrote about its slaughtering (Sefer HaChinukh 5) is from the roots of this Mitzvah — so as to remember the great miracles which Hashem did for us when He took us out of slavery.

The laws of this Mitzvah — what is the minimum amount required to be eaten by each person (Pesachim 69a); how he should act before he eats it; that he should not leave his assemblage (Pesachim 66b in the Mishnah); that he should not sleep (Pesachim 120a); and the rest of its details — are [all] explained in Pesachim. (See Mishneh Torah, Laws of Paschal Offering 1.)

It applies by males and females. One who transgresses it has negated a positive Mitzvah. An important principle in the entire Torah about anyone who says that he will negate a positive Mitzvah is that he is coerced by the court (a beit din) — if they have the power in their hands — until he fulfills it (Ketuvot 86a, Chullin 132b).

Mitzvah 7 To not eat the Pesach sacrifice uncooked or boiled: To not eat from the meat of the Pesach sacrifice uncooked or boiled, but rather roasted with fire, as it is stated (Exodus 12:9), “Do not eat any of it raw (na), or surely boiled with water, but only roasted with fire.” The content of this is not to eat it before it is completely cooked, even if roasted. And this is the explanation of na (Pesachim 41a) — as the meat that the process of heating has begun upon and is roasted a bit but is not [yet] fit for a person to eat is still called na. But when it is completely raw — whereby the heating process has not begun upon it at all — it is not included in the prohibition of na; such as to administer lashes, because of “Do not eat any of it na.” But [it] is [still] prohibited by the Torah, as the Torah prohibited more generally anything that is not roasted with fire. And the explanation of “boiled” (literally, cooked) is that it is boiled in water or in any liquid or fruit juice; as it is stated, “surely boiled” — [to] include all [of these].

That which we have written about its slaughtering (Sefer HaChinukh 5) is from the roots of this Mitzvah — to remember the miracle of the exodus from Egypt. And that which we have been commanded to specifically eat it roasted is because such is the way of kings and ministers, to eat roasted meat — as it is a good and tasty food. And the rest of the people only eat the little meat that they [are able to acquire] boiled, in order to fill their stomachs. And it is certainly fitting for us — that eat the Pesach sacrifice [to remember] that we went out into freedom to be a nation of priests and a holy nation — to behave in a manner of freedom and Hashemship in its eating. [This is] besides (Guide for the Perplexed 3:46) that the eating of roast indicates the haste [with] which they left Egypt and could not delay, that it should cook in a pot.

The laws of the Mitzvah — for example, what is its law if one made it as a pot roast, or [roasted it basted] with fruit juices or water or with tithed oil; and the rest of its details — are elucidated in Pesachim. (See Mishneh Torah, Laws of Paschal Offering 8.)

It applies by males and females at the time of the [Temple]. One who transgresses it and eats it uncooked or boiled is lashed. And so if he ate both of them, he is lashed one [set of] lashes — since both of them are [the same] negative prohibition, according to the opinion of Rambam (Mishneh Torah, Laws of Paschal Offering 8:4 and Sefer HaMitzvot, Shorashim 9). But Ramban, may his memory be blessed, (on Sefer HaMitzvot, Shorashim 9, s.v. hamin hashlishi) counted them as two [separate] negative Mitzvos and wrote that one receives lashes for each one [of them]. As since it is written, “Do not eat […] but only roasted with fire,” why do I [need] “raw and boiled?” It is understood from it that we should give lashes for each one of the components. And he, may he blessed, said that the count is like this with all of the Mitzvos — that any that are specified individually, which are two separate things, are each counted in the tally of the Mitzvos. [An] example is this of “uncooked and boiled”; and so [too], “the wage and the price”; and “leaven and honey,” and others [besides them].

However, regarding the matter of lashes, there is a difference between [the examples]. As all those [simply] specified in one negative Mitzvah only receive one [set of] lashes — for example, “the wage of a harlot and the price of a dog” (Deuteronomy 23:19); and “leaven and […] honey” (Leviticus 2:11); “the case of a stranger [or] an orphan” (Deuteronomy 24:17), and all that is similar to them. But the negative Mitzvos that [also] have a general category and are specified at the beginning or end [of the category] — for example, this negative Mitzvah that specified “uncooked and boiled” and is [then] generalized, “Do not eat […] but only roasted with fire”; and so [too], with a nazerite (Numbers 6:4), “from anything that is obtained from the grapevine […] may he not eat,” and afterwards it specifies, “seeds […] or skin,” (“and grapes wet and dry,” Numbers 6:3) — with these and those similar to them, we give lashes for each and every one. [This is] because the inclusion of the specification that was not needed indicates lashes for each one [of them], as we have said. And the teacher was prolific in his proofs about this in the ninth shoresh in his Book of the Mitzvos — that the calculation of Mitzvos is not the same as the calculation of [which Mitzvos require] lashes [independently]. And that which I have said that Ramban, may his memory be blessed, will count each of the ones specified by their names individually — each one by itself — only when they are separate in their content, as we have written; [it] is, for example, [in the case of] “leaven and honey,” [and] “the wage and the price.” But in a case where it is the same content — even if they are specified by different names — they are only counted as one Mitzvah. For example, “All male firstborns that are born in your herd and in your flock” (Deuteronomy 15:19) is only one Mitzvah to sanctify all of the firstborns; and the specification is [also] only one Mitzvah. And so [too], “All tithes of the herd or flock” (Leviticus 27:32) is only one Mitzvah to separate to give the tithes of these animals. And so [too], “Judges and officers” (Deuteronomy 16:18) is only that we should establish justice through these people and it is one Mitzvah. And so [too], “An honest balance, honest weights, an honest ephah, and an honest hin” (Leviticus 19:36) is all one Mitzvah, that we should not lie about measures.

Mitzvah 8 To not leave from the meat of the Pesach sacrifice: To not leave any of the meat of the Pesach sacrifice to the next day (overnight), which is the fifteenth of Nissan, as it is stated (Exodus 12:10), “You shall not leave any of it over until morning.”

That which is written about its slaughter (Sefer HaChinukh 5) is from the roots of this Mitzvah — to remember the miracles of Egypt. And the essence of that which we were commanded to not leave over from it, is that it is in the way of kings and ministers who do not need to leave over from their meals from one day to the next. And therefore it states that if there remains from it, one should burn it like something that he does not desire, in the way of the kings of the land. And all of this is to remember and establish in our hearts that at this time, Hashem, may He be blessed, redeemed us and we became free and merited majesty and greatness.

The law of this Mitzvah is in Pesachim. (See Mishneh Torah, Laws of Paschal Offering 9.)

It applies by males and females at the time of the [Temple]. One who transgresses it and leaves [it] over violates a negative Mitzvah. And we do not give lashes for this negative Mitzvah, since it is rectifiable by a positive Mitzvah (Mishneh Torah, Laws of Paschal Offering 10:11) — as it is stated (Exodus 12:10), “and that which remains until the morning, you shall burn with fire.” And it is a law that we do not give lashes for [the transgression of] a negative Mitzvah that is rectifiable by a positive Mitzvah.

Mitzvah 9 The Mitzvah of disposing of chamets: To remove all leavened bread from our dwellings on the fourteenth day of Nissan, as it is stated (Exodus 12:15), “but on the first day, you shall dispose of leaven from your homes” — and the understanding of “first” is before Pesach.

The reason for this Mitzvah [that it is] in order that we should remember the miracles in Egypt, as it is written with the Pesach sacrifice (Sefer HaChinukh 5).

The laws of this Mitzvah — for example what time of the day is its destruction; what is its disposal (Pesachim 21a); in which place one needs to search for it (Pesachim 5a) and in which place one does not need; from when the Mitzvah is incumbent upon him if he goes on the road (Pesachim 6a); how is its law if the fourteenth of Nissan falls out on Shabbat (Pesachim 49a); the oral negation that he needs to do in addition to the destruction (Pesachim 6b); and the rest of its details — are [all] elucidated in [the] first [section of] Pesach[im]. (See Tur, Orach Chaim 431-440.)

And this Mitzvah is practiced in every place and at all times by males and females. One who transgresses it and does not dispose of [his chamets], has violated the Mitzvah of “you shall dispose of [leaven].” And if there is chamets in his dwellings, he also transgresses a negative Mitzvah — as it stated (Exodus 12:19), “leaven is not to be found in your homes.” But we do not administer lashes for this negative Mitzvah, if he has not done an act — as it is the law that we do not administer lashes for a negative Mitzvah that does not have an act [involved] with it.

Mitzvah 10 The Mitzvah of eating Matzah: To eat on the night of the fifteenth of Nissan Matzah-bread that is made from a species of grain (Pesachim 35a), as it is stated (Exodus 12:18), “in the evening, you shall eat Matzos.” And the understanding [of “evening”] is the night of the fifteenth of Nissan — whether it be at a time when the Pesach sacrifice is present or whether it be at a time that it is not present.

That which is written about the Pesach sacrifice (Sefer HaChinukh 5) is from the roots of this Mitzvah.

The laws of the Mitzvah — for example, the guarding needed for the Matzah (Pesachim 40a); the matter of their kneading (Pesachim 42a); with which water they are kneaded; the minimal amount of time for their eating; and the rest of its details — are elucidated in [the] first [section of] Pesach[im]. (See Tur, Orach Chaim 453-466.)

Iot applies in every place and at all times by males and females. One who transgresses it violates a positive Mitzvah. And we have already said that the court enforces [observance, in the case of the] negation of a positive Mitzvah.