Halakhah for Pesachim 5:1

המפלת אור לשמונים ואחד בית שמאי פוטרין מקרבן ובית הלל מחייבים

If a woman miscarries on the evening [or] of the eighty-first day; Beth Shammai exempt her from a sacrifice, whereas Beth Hillel declare her liable.<span class="x" onmousemove="('comment',' A woman must bring a sacrifice eighty-one days after the birth of a daughter (v. Lev. XII, 2.6) . This sacrifice suffices also for a miscarriage within the eighty days, i.e., before it was due, but not for a miscarriage (or viable birth) from the eighty-first day and onwards, since by then it was already due on account of the first birth. Now, by the evening of the eighty-first day eighty days have already passed; on the other hand, since there are no sacrifices at night, she could not offer hers until the following morning. Beth Shammai and Beth Hillel accordingly differ as to whether that miscarriage entails a sacrifice or not.');">1 Said Beth Hillel to Beth Shammai: Wherein does the evening ['or'] of the eighty-first differ from the day of the eighty-first; seeing that it was assimilated thereto in respect of uncleanness,<span class="x" onmousemove="('comment',' A discharge of blood on the eighty-first, whether in the evening or during the day, renders her unclean, - this is agreed by all. - A discharge between the fifteenth and the eightieth inclusive does not make her unclean; v. ibid. 5.');">2 shall one not assimilate it thereto in respect of sacrifice? Now since Beth Hillel say to Beth Shammai, 'Wherein does the evening [or] of the eighty-first differ from the day of the eighty-first,' it follows that 'or' is evening.

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Pesachim 82b) that included in notar and piggul are all disqualified [sacrifices], such that all of them are also burned. And a sacrifice that is definitely disqualified or made piggul is burned immediately. But if there is a doubt, its form is left to be altered, and it is burnt afterwards (Mishneh Torah, Laws of Sacrifices Rendered Unfit 19:2). And any meat that is found in the [Temple] yard as limbs is burnt-offerings - the understanding of which is that we treat them like burnt-offerings; and if it is found as pieces, they are sin-offerings; and that which is found in Jerusalem is a peace-offering (Mishnah Shekalim 7:2). And the difference that comes out of this is if one transgressed and ate from them, he brings his atonement according to this assumption. But they, may their memory be blessed, said about all [of them], "Let their form be altered and [then] go out to the House of Burning, lest [they were] notar." And we only burn notar during the day, as it is stated, "on the third day, it shall be brunt with fire" (Pesachim 3a). And even though the peace-offerings are forbidden to eat from the beginning of the second night, we only burn them during the day. And the rest of its details are elucidated in Pesachim and at the end of Terumah (see Mishneh Torah, Laws of Sacrifices Rendered Unfit 19).

Ask RabbiBookmarkShareCopy

Full Chapter Next Verse