Talmud - Pesahim 38b פסחים ל״ח ב׳

“And you shall guard the matzot” (Exodus 12:17). This verse teaches that one may use only matza that has been guarded from becoming leavened for the purpose of matza, i.e., with the intention of fulfilling one’s obligation of matza with it. This explanation excludes this matza, which was prepared for a nazirite or a thanks-offering and which was not guarded for the purpose of matza but for the purpose of a sacrifice.

Rav Yosef said a different reason: One may not use matza prepared for a nazirite or a thanks-offering because the verse states: “Seven days you shall eat matzot” (Exodus 12:15), which indicates that one can fulfill his obligation only with matza that can be eaten for all seven days. This requirement excludes this matza, which is of nazirite’s wafers or the loaves of a thanks-offering and which cannot be eaten for seven days, but only for one day and one night.

The Gemara comments: It was taught in a baraita in accordance with the opinion of Rabba, and it was taught in a baraita in accordance with the opinion of Rav Yosef. The Gemara elaborates: It was taught in a baraita in accordance with the opinion of Rabba: I might have thought that one can fulfill his obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers; therefore, the verse states: “And you shall guard the matzot,” indicating that one must use matza that has been guarded from becoming leavened for the purpose of matza on Passover. This requirement excludes this matza, which was not guarded for the purpose of matza but for the purpose of a sacrifice.

It was taught in a baraita in accordance with the opinion of Rav Yosef: I might have thought that a person can fulfill his obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers; therefore, the verse states: “Seven days you shall eat matzot,” from which it is inferred that one must fulfill this obligation with matza that can be eaten for all seven days. This requirement excludes this matza, as it cannot be eaten for seven days but only for a day and a night.

The Gemara asks a question of both opinions: And let him derive this halakha, that one cannot fulfill his obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers, from the phrase “bread of affliction [leḥem oni]” (Deuteronomy 16:3). According to Rabbi Yosei HaGelili, this phrase means: One can fulfill his obligation to eat matza only with food that may be eaten in a state of acute mourning. This requirement excludes this matza, i.e., the loaves of the thanks-offering and the nazirite wafers, which is not eaten in a state of acute mourning but in a state of joy, as an acute mourner is prohibited from eating sacrificial foods.

The Gemara answers: Rabba and Rav Yosef both maintain in accordance with the opinion of Rabbi Akiva, who said that since oni, meaning poverty, is written, the matza must be bread of poverty. According to Rabbi Akiva, this phrase does not teach the halakha pertaining to consumption by acute mourners.

The Gemara asks another question: And let him derive this halakha, that one cannot fulfill his obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers, from the fact that it is matza ashira, enhanced matza, as both the loaves of the thanks-offering and the nazirite’s wafers contain oil. Matza that contains ingredients besides flour and water is classified as matza ashira and cannot be used for the mitzva of eating matza on the first night of Passover.

Shmuel bar Rav Yitzḥak said: This is an incorrect definition, as the total amount of oil in these loaves or wafers is only a quarter-log, and as this small amount of oil is divided between several loaves, it is nullified in the mixture. Consequently, the loaves of the thanks-offering and the nazirite’s wafers are not matza ashira.

The Gemara again asks: And let him derive this halakha, that one cannot fulfill his obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers from that fact that these types of bread cannot be eaten in every habitation. It was previously stated that the obligation to eat matza can be fulfilled only with food that can be eaten anywhere in Israel, whereas offerings may be eaten only in Jerusalem.

Reish Lakish said: That is to say, the loaves of the thanks-offering and the nazirite’s wafers may be eaten in Nov and Givon. In other words, the omission of this reason indicates that offerings could have been sacrificed on the communal altars during the period when improvised altars were permitted, before the Temple was built. These offerings are not among those that can be sacrificed only: “In the place that the Lord shall choose” (Deuteronomy 12:5). This means that during that period the loaves of the thanks-offering and the nazirite’s wafers could indeed have been eaten anywhere, as improvised altars were built in any place. Consequently, even after the Temple was built, the loaves of the thanks-offering and the nazirite’s wafers are still considered fit to be eaten anywhere in Israel.

It was taught in a baraita that Rabbi Ilai said: I asked Rabbi Eliezer ben Hyrcanus: What is the halakha with regard to the possibility that a person can fulfill the obligation to eat matza with the loaves of a thanks-offering or a nazirite’s wafers? He said to me: I did not hear anything about this issue. I went and asked Rabbi Yehoshua, who said to me: They said, concerning loaves for a thanks-offering or a nazirite’s wafers that one prepared for his own offering, that a person cannot fulfill his obligation with them. However, if one baked them to sell in the market, he can fulfill his obligation with them.

When I returned and recited these matters to Rabbi Eliezer, he said to me in excitement: By the covenant, these are the very matters that were stated to Moses on Mount Sinai. Rabbi Eliezer swore that this halakha had been transmitted over the generations going back to Moses on Mount Sinai. Some say he spoke in astonishment: By the covenant! Are these in fact the matters that were stated to Moses on Mount Sinai? And doesn’t this halakha require a reason? Since there is no explicit tradition in this regard, it is necessary to provide a reason for this distinction.

The Gemara asks: And indeed, what is the reason for this distinction between these loaves one prepared for himself and those he intended to sell in the market? Rabba said: With regard to anything sold in the market, the merchant may change his mind about it. He might say: If it is sold, it is sold; but if it is not sold for an offering, I will fulfill my obligation to eat matza with it. Since the merchant had in mind from the outset that these matzot might be used for the mitzva on Passover, he is permitted to use them to fulfill his obligation.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Pesachim 38b examines why matza from a nazirite offering or thanks-offering cannot fulfill the Passover matza obligation, citing two scriptural rationales.