Misva #5: Offering the Korban Pesach

The Misva to offer the Korban Pesach on the 14 th of Nissan in the afternoon is introduced in the Book of Shemot (12:6), where the Torah says, “Ve’shahatu Oto Kol Adat Yisrael Ben Ha’arbayim” – “The entire congregation of Israel shall slaughter it in the afternoon.” The sacrifice must be a male, one-year-old sheep, and the Misva requires the slaughtering of the animal and the subsequent procedures, culminating with the sprinkling of the blood on the altar. After the sacrifice, those who had “registered” for the sacrifice join together and eat the meat. The meat of the Korban Pesach is to be eaten “Al Ha’soba” – in a state of satiation, after one has eaten a meal. The concept underlying this Misva, of course, is to commemorate the great miracles which G-d performed for our ancestors at the time of the Exodus from Egypt. This command applies to both men and women, and only during the times of the Bet Ha’mikdash. The Misva of Korban Pesach is unique in that it is an affirmative command for which one is liable to Karet (eternal excision from the Jewish Nation) if he or she purposely neglects the Misva. The only other affirmative command that is punishable with Karet is Berit Mila. Generally, if one unintentionally violates a Torah law that is punishable with Karet when it is violated intentionally, he must bring a Hatat (sin-offering). The Misva of Korban Pesach is one of only three commands which carry the punishment of Karet for intentional violations, but does not require a Hatat when it is violated unintentionally. The other two are Berit Mila and blaspheming G-d. Therefore, one who mistakenly failed to bring the Korban Pesach is not required to offer a Hatat. Tosafot, in Masechet Rosh Hashanah (4), write that one who fails to offer the Korban Pesach is guilty not only of neglecting the affirmative command of Korban Pesach, but also of violating the prohibition of “Lo Te’aher,” which forbids delaying an obligatory sacrifice (Debarim 23:22). If one pledged to offer a sacrifice, he violates the prohibition of “Lo Te’aher” once three Regalim (pilgrimage holidays – Pesach, Shabuot, Sukkot) have passed without his offering the sacrifice. In the case of Korban Pesach, Tosafot write, one violates this prohibition as soon as the time for the sacrifice passes and the person has not offered the sacrifice. Tosafot’s remarks might be relevant with regard to the question of how large a financial expense one must incur for the sake of offering the Korban Pesach. The Shulhan Aruch (Orah Haim 656) writes that although one must spend all his money if necessary to avoid transgressing a Torah violation, one is not required to spend more than one-fifth of his assets for the sake of performing a Misvat Aseh (affirmative command). The Magen Abraham (Rav Abraham Gombiner, 1633-1683) raises the question of how much one would be required to spend for the sake of performing the Misva of Berit Mila. On the one hand, Berit Mila is a Misvat Aseh, which requires spending only up to one-fifth of one’s assets; but on the other hand, Berit Mila is exceptional – as mentioned earlier – in that it carries the severe punishment of Karet. Perhaps, this unique status of severity places Berit Mila in the category of Misvot Lo Ta’aseh (Torah prohibitions), such that it requires spending all of one’s assets if necessary for the performance of the Misva. This question posed by the Magen Abraham would, seemingly, apply also to the Misva of Korban Pesach, as it, too, is an exceptional Misvat Aseh that carries the punishment of Karet. However, in light of Tosafot’s comments, it would appear that one must, in fact, spend all his money if necessary to perform the Misva. Since neglecting the obligation of Korban Pesah violates the prohibition of “Lo Te’aher,” we must, at first glance, conclude that irrespective of the Magen Abraham’s question concerning Berit Mila, the Misva of Korban Pesah requires spending all of one’s money if necessary to fulfill the obligation. The Minhat Hinuch, however, dismisses this argument. He shows that in truth, the determining factor regarding the amount one must spend is not whether the law is a Misvat Asei or a Misvat Lo Ta’aseh, but rather whether the law is violated through a forbidden action, or by neglecting to perform an obligatory action. One must spend all his money if necessary to avoid committing an action forbidden by Torah law, but one must spend only up to one-fifth of his assets to perform an action required by the Torah. Therefore, the fact that neglecting to offer the Korban Pesach violates “Lo Te’aher” is immaterial, because we deal here not with one who performs a forbidden action, but rather with one who fails to perform an obligatory action. As such, the question of whether must spend all his assets or only up to one-fifth of his assets to offer the Korban Pesach will depend on the question posed by the Magen Abraham regarding Berit Mila. May we soon be privileged to see the rebuilding of the Bet Ha’mikdash so we may all once again offer the Korban Pesach.