Pesachim 080: Shlish

[Mordecai Kornfeld]

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Pesachim 080: Shlish

Shraga Simmons <[EMAIL PROTECTED]> asked:

At the top of Pesachim 80b, the gemara brings the case of one-third Zavim,
Tahorim, and Tamei Masim. Rashi (DH B'rishon lo avdi) says that the Tamei
Masim don't bring on Pesach Sheni because if the Zavim are now tahor, then
"rov tzibur tzrichin lo" -- apparently this means that the majority of Klal
Yisrael is now eligible to bring Pesach Sheni, which is not allowed.

So my question is: How exactly do we figure "rov tzibur" in this case? Do
we count only those people who did not bring Pesach Rishon, or do we count
all of Klal Yisrael? 

The difference, of course, would be, that if we count all of Klal Yisrael,
then as long as no more than 74.9 percent (i.e. three-fourths, of the
original two-thirds) of those who were tame (either Meis or Zav) are now
tahor, then those tahor people could now bring, since they do not
constitute "rov tzibur" -- because we add in the shlish that was tahor,
along with 25.1 percent of those who were tame, for a full count of 51.1
percent Jews who will *not* bring on Pesach Sheni.

(Further, it shouldn't matter whether those people who brought on Pesach
Rishon are now tame or tahor, since either way they are counted amongst
those who do *not* need to bring on Pesach Sheni.)

Is this logic correct? Have you seen anyone discuss this? I appreciate any
insight you could give, as I've been struggling with this. Thank you and
tizke l'mitzvos.

Shraga Simmons, Kiryat Sefer, Israel
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The Kollel replies:

The Rambam (Hilchos Korban Pesach 7:6) says that we figure out "most of the
Tzibur" being Tamei or Tahor by counting the amount of people who come to
Shecht the Korban Pesach by the first Korban Pesach (not including people
who are in a Chaburah but not bringing the Korban) immediately before the
first group would enter the Azarah.  If most of that group is Tahor, Bnei
Yisrael are considered Tahor.  This is clearly the opinion of the Rambam
regarding our Gemara as well, as he puts our Gemara together with this
Halachah.  

The Chazon Ish in Zevachim 15a, however, has quite a bit of difficulty
figuring out the Rambam's rationale for this source of measuring.  He
indeed asks that there is seemingly no reason not to count the people in
the Chaburah.

All the best,

Yaakov Montrose


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