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Pesachim 6a

Rashi (ד"ה אפילו מראש השנה) writes דכי הדר ביה בימי הפסח עבר עליה וההיא שעתא לאו ברשותיה היא דליבטליה שהרי איסור הנאה הוא ואינו שלו וכשראהו עובר עליה- When one returns during the days of Pesach one has transgressed and at that time he is no longer able to do bittul because it is not considered his as it is forbidden to derive benefit from and when he see it he has transgressed.
A basic reading of this Rashi seems to imply that the two prohibitions of bal yiraeh and bal yimatzeh are transgressed at different times. Bal yiraeh is transgressed when there is chametz in one’s possession. Rashi here suggests that bal yimatzeh is not transgressed until one sees the chametz. (Even according to this understanding the prohibition would only be to see chametz that one has in his possession, there is no general prohibition to set ones sights on a good piece of chametz.)
This understanding is in contrast to the opinion of the Rosh (siman 9) who writes that the prohibition is not to have chametz in a place that it could be seen, not that there is a prohibition to actually see the chametz.

Pesachim 6b

Our gemora is clear that bittul is enough to avoid the prohibitions of bal yiraeh and bal yimatzeh, even though one has not actively destroyed the chametz. What is the mechanism by which bittul works?
Tosfos (4b ד"ה מדאורייתא) explain that bittul is a form of hefker, making it ownerless. Since the chametz has no owner it may even remain in ones home.
The Ran writes that if bittul were to employ the mechanics of hefker, the wording of the bittul should include some mention of hefker. (Our text in fact does mention hefker, but the Ran’s text clearly did not.) More importantly Rabbi Yossi writes that an item make ownerless through hefker does not leave one’s possession until someone else takes it. If so the bittul should not work. The gemora writes that chametz is one of two items that the Torah obligates one as if he owns it, even though he no longer has official ownership. Because chametz is prohibited to derive benefit from it is no longer in his reshus, domain, the prohibition of bal yiraeh however ‘returns’ the chametz back to his possession. The Ran explains that bittul is not the typical hefker, rather it works to stop the chametz from ‘returning’ to his possession.
Rashi (4b ד"ה בביטול בעלמא) writes that bittul is a way to fulfill the command of “tashbisu” meaning that one must either physically destroy the chametz or mentally ‘destroy’ the food so that it is no long considering as food. According to Rashi bittul does not employ the mechanics of hefker in any way.

שואלים ודורשים בהלכות הפסח קודם הפסח שלשים יום – We ask regarding and darshan about the halchos of Pesach thirty days before Pesach.

The gemora in Megilah (32a) writes a similar but different statement. “Moshe established for Yisroel that should ask about and teach the matters of the day on that day, the halachos of Pesach on Peasch, the halachos of Atzeres (Shavuos) on Atzeres and the halchos of Chag (Sukkos) on the Chag.” The implication of this gemora is that the only obligation to regarding teaching the halchos is on the Yom Tov itself.

The Ran resolves the difficulty stating that in fact there is only a broad based halacha to learn the laws of each Yom Tov on the Yom Tov themselves. The concept of thirty days is one which relates to Rabbonim and teachers that they must be prepared to answer a question that relates to Peasch thirty days in advance.

The Bais Yosef (429) suggests in a different way that of course each person must learn the laws of each Yom Tov in advance. We must all clean for Peach, build Sukkahs and purchase a lulav and esrog, and in order to do so we need to be sufficiently proficient in the halchos. That which Moshe established to learn about Yom Tov in its time, the Bais Yosef explains, refers to learning about the ideas and lessons of each holiday.

Interesting point:

 דילמא בארבעה בירחא או בחמשה בירחא – Perhaps (Moshe) spoke to them on the fourth or the fifth of the month.

The gemora suggests that Moshe told Klal Yisroel about the specialness of Rosh Chodesh Nissan and the mitzvah of sanctifying the new month (החודש הזה לכם) on the fourth or fifth of the month. The sefer Shalom Yehudah (quoted in Drash V’Iyun page 26) uses our gemora as a support to the novel opinion of the Ramban (Kiddush Hachodesh 3:15). The Ramban writes that the new month can be sanctified retroactively if witnesses come at that time. Thus it is understandable that Moshe can relay the commandment of Kiddush Hachodesh even once the month has already begun.

               Rabbi Moshe Shternbuch (Pshat v’Iyun) writes that it is possible that Moshe sanctified the new month himself, even before he relayed the  mitzvah, there is therefore not proof. 

This week's and last week's shiur.

Pesachim 6 - May 04, 2014 (37:37 min)

Pesachim 5 - April 27, 2014 (31:47)

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