Makos 15a (2)
- In continuation of last weeks Shiur where we discussed the Admur Hazaken in the Kuntras Achron, we continued with another topic that has to do with Pesach.
Introduction: The shiurim (Halachic measurements) we have today are all Halacha L’Moshe M’Sinai. e.g. reviis, kezayis etc.
If one eats or drinks less than a Shiur, then there certainly no corresponding punishment. But is it prohibited?
This is the famous Machlokes between Reb Yochanan and Reish Lakish know as to the Halacha of Chatzi Shiur (literally: half a Shiur)
According to Reish Lokish a Chatzi Shiur is not prohibited Min Hatorah Only Midirabanan.
On the other hand Reb Yochonon’s opinion is that all shiurim are only in regards to punishment. For example, the drinking of blood is a punishable Lav. But one needs to drink a Reviis to receive this punishment.
As to the actual prohibition even less than the Shiur is surely prohibited Min Hatorah and such is the accepted Halocho.
Reb Yochnon’s opinion is that Chatzi Shiur is Assur Min Hatorah because being that it can accumulate to an Issur therefore even a bit is part of and Issur.
The universal understanding of the term Chatzi Shiur means “anything less than the Shiur”. Even a crumb or a drop.
It does not mean if you eat a “half” rather it means if you eat anything less than a Kezayis, even a crumb.
Surprisingly, the Tzemach Tzedek in Piskei Dinim (Here, first paragraph, line starts with the word “Bilvad”) writes “Only a Chatzi Shiur is Assur.”
Does he mean to say that the Issur of Chatzi Shiur is if you eat less than the full Shiur but at least half or more of of the full Issur?
That runs contrary to the common understanding of the opinion of Reb Yochanan and the Halacha that any infinitesimal amount is prohibited!
We mentioned that Reb Chaim Naeh seems to be of the opinion that the Tzemach Tzedek never wrote this.
However ever a few years ago the original manuscript was discovered and it clearly in the handwriting of the T”T.
In 1935 the Rebbe asked his father Reb Levik to explain this perplexing passage in the Tzemach Tzedek, Reb Levik responded that it is indeed difficult to understand and attempts to explain it. See here.
The Rebbe himself in his published notes on the Piskei Dinim (See here)
writes that this T’T need to be explained. He adds some footnotes. Here is one: See The Kesef Mishnah in the first Perek in the Ramabam in Hilchos Chametz and Matzah.
The Rambam writes “Eating even the slightest amount of chametz itself on Pesach is forbidden by the Torah as it states: “Do not eat”.
The Rambam seems to say that we need an extra Pasuk for chametz to tell us that even a tiny drop is assur on Pesach.
Asks the Kesef Mishnah; why do we need an extra Pasuk specifically for Peasach? Since Chatzi Shiur is always assur even if he only eats a tiny crumb, it is Asur Min Hatorah in every scenario including Pesach?!
The Kesef Mishnah finishes with “tzarich iyun” on the Rambam.
However according to the Tzemach Tzedek this question is easily answered: Since Chatzi Shiur means only a half (or more) then the proscribed amount, we then do need a special Pasuk for Pesach to tell us that even a single drop is Asur!
See here for more details.
A Kosher and Happy Pesach to all!