Listen to the Mishnah ▶ 0:00 0:00 1× Transcript ▾ Hello *chevra* and welcome back to our pre-*Pesach* *Mishnayos* learning series where we continue to learn *Mishnayos* related to the time period between *Purim* and *Pesach*. We are in middle of our *Erev Pesach* series which is an extremely busy day. We are now, we've seen a couple of *Mishnayos* related to purchasing your *Korban Pesach*, whether you can, if you need to buy it on *Erev Pesach* that's also *Shabbos*, what happens if, how crazy it is, you know, and people are buying lots of animals and whether the seller of animals has to tell you whether or not he sold the mother or the child of the animal you're buying that day. And now we are moving on to a *mishna* in *Masechtas Eduyos*, *Eduyos*, *Iduyos* as it's called, פרק ה משנה ב. The scope of our *mishna* is actually quite large. It deals with six *machlokesin* between *Beis Shammai* and *Beis Hillel*, the last one of which will be relevant to our *Erev Pesach* discussion. But in here it's very interesting because normally when people hear about *Beis Shammai* they think, oh, he was the *machmer*, he was stringent, he was tough, he always ruled very strictly, and *Beis Hillel* was always very lenient in his rulings. And we are going to see in our *mishna* that there were six different *machlokesin* that were *meikulei Beis Shammai* where *Beis Shammai* was more lenient than *Beis Hillel*. *Masechtas Eduyos* is very, very fascinating. It is not a *masechta* that is dedicated to a particular topic. Rather, like *Eduyos*, it's testimonies. These are testimonies that people gave in the *Beis Medrash* about rulings and *halachos* that they heard from other people. And so it is a very fascinating *masechta* and very much every *mishna* is its own topic. Our *mishna*, like I said, will have six topics in there. We will learn them briefly and quickly and clearly, and then we will spend some time on the final part of our *mishna* which is about *Erev Pesach*. So let us begin our *mishna*. *Rabbi Yosei amar*, *Rabbi Yosei* said he came to the *yeshiva* and he said ששה דברים מקולי בית שמאי. I can testify that there were six *machlokesin*, things, that were leniencies of *Beis Shammai*, meaning he ruled very lenient, easy, *umichumrei Beis Hillel* and *Beis Hillel* instead was more strict, more stringent. Now number one was like this. We know that *basar vechalav*, meat and milk, are *assur*. It's *assur* to cook, it's *assur* to eat, it's *assur* to have *hana'ah* from. But what about, that's let's say beef. But what we call meat is also chicken. So what about chicken? So העוף עולה עם הגבינה על השלחן. Let's say you're eating a chicken salad sandwich on your table and somebody else wants to have a cheese sandwich, so העוף עולה עם הגבינה על השלחן. You can bring chicken, fowl, and cheese onto the same table *ve'eino ne'echal*. Obviously you're not allowed to eat them together, but you're allowed to bring them on the same table *kidivrei Beis Shammai*. That's according to *Beis Shammai*, meaning *Beis Shammai* is not worried that you may come to eat it. He's worried that, so he's obviously you cannot eat it, but it's the *issur* of fowl and milk is different than meat and milk. Meat and milk is *de'oraisa*; it could be chicken and milk is *derabbanan*. But yet you so you can bring it on the same table but you certainly cannot eat it. *Beis Hillel omer*, *Beis Hillel* says no, *eino oleh*. Obviously it can't, not only *ve'eino ne'echal*, obviously not it can't be eaten, but it can't even be brought on the same table whether it's cold or it's hot, it makes no difference. You cannot bring it on the table as well. Obviously it doesn't have to tell me it can't be eaten, but but he's *Beis Hillel* is trying to make a point that even if it's cold and it's not hot you can't bring it on the table as well. Case number two, תורמין זיתים על שמן. So someone has olives and he makes some olive oil. Now generally speaking back then you when you had olives you made them into olive oil. So the question is when you give *terumah*, normally *terumah* is given after you finish processing whatever it is you're harvesting. So let's say here normally you would wait until it is olive oil in order to give the *terumah*. So the *mishna* says תורמין זיתים על שמן. I can give *terumah*, I could take olives and for a for *terumah* on and that will qualify as *terumah* even for the *shemen* that I'm making. *Anavim al yayin* and similarly grapes, *al yayin* I can take grapes and give them to the *kohen* as *terumah* for and that will cover the wine that I made from some of the grapes as well, *kidivrei Beis Shammai*. ובית הלל אומרים אין תורמין. *Beis Hillel* says that you cannot give *terumah*, you can't use olives or grapes as a form of *terumah* for the finished product which is oil or wine. The third case is הזורע ארבע אמות שבכרם. There is an *issur* of *kilay kerem*. You're not allowed to plant let's say wheat next to your vineyard. Your vineyard has to be separate from your wheat fields for instance. And how much space do you need? You need *dalet amos*, four *amos* before you can plant. So if I have a row of wheat I need four *amos* before I can plant my vineyard, my grapes, and if And if I do plant them closer than that, then they are assur. They are assur, they are completely assur, both of them. So the question is what happens if I did that? הזורע ארבע אמות בכרם, if I planted wheat within four amos of my vineyard, Beis Shammai omrim, Beis Shammai says, you know how much of my vineyard is assur, prohibited now, and assur behana'ah? kideish shurah achas, one row of my vineyard is considered a vineyard enough that it is assur. After that, I can continue to use my vineyard, I can make wine and grape juice and eat the grapes. u-Veis Hillel omrim, Beis Hillel says, kideish shtei shuros, it's not one row of your vineyard, but if you plant the wheat let's say within dalet amos of your vineyard, two rows of your vineyard, of your vines, are going to be assur completely. Next, ha-meisa. So for those of you who know, there's a mitzvah in the Torah of challah. challah is not like we eat on Shabbos challah, but the mitzvah of challah is that every time you make a dough, you give a portion of the dough to the kohen, just like you give terumah from the things that grow from the ground. challah you give from the dough. If you've ever gone matzah baking, you'll see them give challah. If your mother makes challah on erev Shabbos, you would see them taking challah off and separating it from the rest. You're not allowed to eat the challah. So ha-meisa, however, is something else. It's not baking a dough, but rather you take flour and you pour scalding hot water into it. So you're like boiling the flour into a dough as opposed to baking it. So Beis Shammai poter, Beis Shammai says that that type of dough where you make it with hot boiling water is poter, you do not have any halacha of giving challah. u-Veis Hillel mechayiv, and Beis Hillel says, no, that is considered a dough that would be chayiv in challah as well. The fifth halacha in our mishnah is a very interesting halacha. The halacha is like this. When the Torah says you have to, certain times certain people in order to become tahor require them to go to a mikveh. There are two types of mikveh. There is a spring of water that comes from the ground. There is no specific amount of water that you need to dip into as long as it covers your body, that's enough. On the other hand, when it comes to rainwater, rainwater needs to typically be gathered into a space called ashborin. It has to be gathered into a, like what we would call a mikveh, and have no leaks, it can't flow, and you have to have at least arbaim se'ah of water. That's a large amount of water that would normally cover a person, a normal-sized person it would cover them in water. So the question that our mishnah is facing like this. It just finished raining and there's a ton of water flowing down a mountain. Now there's 40 se'ah from top to bottom, but it's not gathered in one place. So the mishnah says matbilin be-chardalos, this torrent of rain that is pouring down the mountain side, ke-divrei Beis Shammai, Beis Shammai says you're allowed to tovel in there even though there's not 40 se'ah in one space, but because there's 40 se'ah of water from the top to the bottom of the mountain, that's good enough. ובית הלל אומרים אין מטבילין, you cannot be tovel in that type of mikveh. That's not considered a mikveh for rainwater and therefore you will need to gather the water into a single spot and then be tovel in it. Okay, our final mishnah, our final part of our mishnah is, gets us to the erev Pesach hook, and why I wanted to bring about it because like I said, it was not uncommon that erev Pesach there might be geirim, non-Jews coming to Yerushalayim, they see all that is going on, the glory of the Beis Hamikdash, and now they want to become a Jew. So they need to go and, how do you become a Jew? According to the chachamim, the way you become a Jew is you have a bris milah and you have to go to the mikveh as well. So the mishnah says like this, גר שנתגייר ערב פסחים, a ger that wants to become a ger on erev Pesach and he wants to be able to bring the korban Pesach or ואוכל את פסחו לערב, Beis Shammai omrim, Beis Shammai says tovel, let him go to the mikveh, let him you know, ואוכל את פסחו לערב, and that's fine, he just goes to the mikveh like any other ger and that night he will be free to eat the korban Pesach along with his fellow Jews. Fantastic. u-Veis Hillel omrim, and Beis Hillel says no no no no no. Unfortunately, he cannot. And Beis Hillel says why? הפורש מן הערלה, because someone who separates from his arlah, arlah is the skin that they cut off during the ceremony of the bris milah, and so when someone separates from that, כפורש מן הקבר. It's as if he separated from a grave, meaning to say, according to Beis Hillel, he is tamei now for seven days and requires being sprinkled by the parah adumah water on the third and seventh day. So he's not according to Beis Hillel, he's not tahor that night in order to bring the korban Pesach. And he would actually have to wait. Now that is different, now so according to Beis Hillel that means unfortunately a ger that becomes a ger that day would not participate in the korban Pesach. Now Beis Hillel seems to be limiting this maybe to erev Pesach, but you know, most, the Sfas Emes here on our mishnah suggests that even according to Beis Shammai, a regular person who has a bris milah would also be tamei. As opposed, but he's only meikel here when it comes to Erev Pesach so he can participate in the Korban Pesach, and Beis Hillel is just being machmir here when it comes to the Erev Pesach, and the reason he's machmir here is because like this: we're concerned about is that a ger, a non-Jew, does not become tamei. Maybe he can give tumah off, but he doesn't become tamei. So today he knows that he touched a grave earlier this morning and now he's a Jew, and now he technically is tahor and he can eat the Korban Pesach. But next year he's going to come to the Beis HaMikdash and think that he can touch a grave or right before he brings the Korban Pesach, and that's going to cause issues. So therefore Beis Hillel says, in order to teach him this lesson that touching a grave will make you tamei for seven days, he says even though it comes at the expense of bringing a Korban Pesach, you cannot bring the Korban Pesach that day. And I'll just leave you with a quick question, which is the Midrash tells us that the Jews in Mitzrayim when they were bringing the first Korban Pesach, the night that they were doing Yetzias Mitzrayim, they gave themselves a bris milah that day. And the question then becomes: why were they not tamei that day? Because it says that they all became geirim, that the bris milah that they did, the Midrash tells, the Gemara tells us in Kerisos that it was a form of geirus, and therefore the question is: if they were tamei, how is it that they were able to eat the Korban Pesach that night? And with that, I wish you continued hatzlacha in
Eduyot 5:2 — Full Text
רַבִּי יוֹסֵי אוֹמֵר, שִׁשָּׁה דְבָרִים מִקֻּלֵּי בֵית שַׁמַּאי וּמֵחֻמְרֵי בֵית הִלֵּל.
הָעוֹף עוֹלֶה עִם הַגְּבִינָה עַל הַשֻּׁלְחָן וְאֵינוֹ נֶאֱכָל, כְּדִבְרֵי בֵית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים, אֵינוֹ עוֹלֶה וְאֵינוֹ נֶאֱכָל.
תּוֹרְמִין זֵיתִים עַל שֶׁמֶן, וַעֲנָבִים עַל יַיִן, כְּדִבְרֵי בֵית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים, אֵין תּוֹרְמִין.
הַזּוֹרֵעַ אַרְבַּע אַמּוֹת שֶׁבַּכֶּרֶם, בֵּית שַׁמַּאי אוֹמְרִים, קִדֵּשׁ שׁוּרָה אַחַת, וּבֵית הִלֵּל אוֹמְרִים, קִדֵּשׁ שְׁתֵּי שׁוּרוֹת.
הַמְּעִיסָה, בֵּית שַׁמַּאי פּוֹטְרִין, וּבֵית הִלֵּל מְחַיְּבִין.
מַטְבִּילִין בְּחַרְדָּלִית, כְּדִבְרֵי בֵית שַׁמַּאי. וּבֵית הִלֵּל אוֹמְרִים, אֵין מַטְבִּילִין.
גֵּר שֶׁנִּתְגַּיֵּר עַרְבֵי פְסָחִים , בֵּית שַׁמַּאי אוֹמְרִים, טוֹבֵל וְאוֹכֵל אֶת פִּסְחוֹ לָעֶרֶב . וּבֵית הִלֵּל אוֹמְרִים, הַפּוֹרֵשׁ מִן הָעָרְלָה כְּפוֹרֵשׁ מִן הַקָּבֶר .
הָרֶקַע: Six Leniencies of Beit Shammai
R. Yose presents six cases where Beit Shammai is lenient and Beit Hillel is stringent — the reverse of the usual pattern
The standard assumption is that Beit Shammai is stringent and Beit Hillel is lenient . R. Yose highlights six exceptions — cases where the positions are reversed. The sixth and final case is the one relevant to Erev Pesach: a convert who completes his conversion on 14 Nissan. All six are presented here; the convert case is examined in depth below.
The Six Cases — Beit Shammai Lenient / Beit Hillel Stringent
עוֹף וּגְבִינָהFowl & Cheese
Fowl may be placed on the table with cheese — just not eaten together
Fowl may not even be placed on the table with cheese
תְּרוּמַת זֵיתִים וַעֲנָבִיםTerumah — Olives/Grapes
One may separate terumah from olives on behalf of oil, and grapes on behalf of wine
One may not separate terumah from produce on behalf of its processed form
זוֹרֵעַ בַּכֶּרֶםSowing in a Vineyard
Sowing four cubits in a vineyard sanctifies (forbids) only one row of vines
Sowing four cubits in a vineyard sanctifies two rows of vines
מְּעִיסָהDough Offering
A certain type of dough (me'isah) is exempt from challah
The same dough is obligated in challah
חַרְדָּלִיתFloodwater Immersion
One may immerse in a fast-moving floodwater stream (chardalit)
One may not immerse in a chardalit stream
← Erev Pesach
גֵּר עַרְבֵי פְסָחִיםConvert on Erev Pesach
He immerses and eats his Korban Pesach that evening
One who separates from orlah is like one who separates from the grave
הַמִּקְרֶה: The Convert Who Converts on Erev Pesach
He has circumcised and now immerses — can he bring the Korban Pesach that very evening?
The Case and the Dispute
גֵּר שֶׁנִּתְגַּיֵּר עַרְבֵי פְסָחִים — מִל וְטָבַל — מַהוּ לֶאֱכֹל אֶת פִּסְחוֹ?
A man completes his conversion on Erev Pesach — he has undergone circumcision (milah) and now immerses in the mikveh. Can he eat the Korban Pesach that evening, his very first night as a Jew?
בֵּית שַׁמַּאי — מְקִילִּין
טוֹבֵל וְאוֹכֵל אֶת פִּסְחוֹ לָעֶרֶב
He immerses and eats the Korban Pesach that evening. Once milah and tevilah are complete, he is a full Jew — and as a Jew on 14 Nissan, he is obligated in and may eat the Pesach. No waiting period is required.
בֵּית הִלֵּל — מַחְמִירִין
הַפּוֹרֵשׁ מִן הָעָרְלָה כְּפוֹרֵשׁ מִן הַקָּבֶר
One who separates from orlah (i.e. has just been circumcised) is like one who separates from a grave — he requires a seven-day waiting period before being fully tahor, just as a meis-tamei person does. He may not eat the Pesach that evening.
Beit Hillel's Analogy — Two Separations
הַפּוֹרֵשׁ מִן הָעָרְלָה — כְּפוֹרֵשׁ מִן הַקָּבֶר
Separating from Orlah
פּוֹרֵשׁ מִן הָעָרְלָה
Just circumcised — the foreskin (orlah) has been removed. The convert has separated from his uncircumcised state. Beit Hillel: this departure requires a process, not just a single act.
Separating from a Grave
פּוֹרֵשׁ מִן הַקָּבֶר
Someone who was tamei from a corpse and has now separated from it — still requires seven days of purification before becoming tahor. Beit Hillel draws the same rule for the new convert.
מַה שֶּׁמְּיֻחָד: Why This Case Is the Sharpest of the Six
The other five cases are about table practice, terumah, or keilim — this one has immediate, personal, time-bound consequences
Stakes and Timing
The other five leniencies of Beit Shammai involve questions of permitted practice — what may sit on a table, what produce may be used for terumah. But the convert case is different: the Korban Pesach is time-bound , the consequence of missing it is karet , and the question must be answered today — on Erev Pesach itself . Beit Shammai's leniency here is not merely academic. It determines whether this man — who chose to become a Jew and completed his conversion this very day — gets to celebrate his first Pesach tonight, or must wait until next year. Beit Hillel's analogy to the grave is striking precisely because it treats the joyful act of circumcision as a tumah-generating event requiring seven days of processing.
הַמַּסְקָנָה — Erev Pesach as a Test Case
Eduyot 5:2 is a mishnah about reversals — the six cases where our assumptions about Beit Shammai and Beit Hillel are upended. R. Yose saves the most dramatic case for last: a man who converts on Erev Pesach. Every other mishnah in this series shows Jerusalem preparing for Pesach — plowing stopping, maaser being distributed, the market regulated, vows expiring, the lamb going into the oven. This final mishnah asks: who gets to join? Beit Shammai says: anyone who completes the act of conversion today, immerses, and presents himself — he eats with us tonight. Beit Hillel says: not yet. The debate cuts to the heart of what conversion means and what Erev Pesach demands.