The Prohibition of Eating After the Korban Pesach[1]

By David Silverberg

            The halakhah[2] establishes that one may not eat or drink after he completes the "afikoman," the piece of matzah consumed after the meal Pesach night.[3]  This prohibition, which appears in the Gemara,[4] evolves from the law stated by the mishnah[5] prohibiting one to eat after partaking of the korban pesach, which we commemmorate through the afikoman[6]: ."אין מפטירין אחר הפסח אפיקומן"  Although the mishnah offers no clues regarding the source or reason behind the halakhah, a curious allusion to the basis for such a prohibition appears in the Gemara.  The Gemara[7] raises the possibility that the issur pertains specifically to the korban pesach, but not to the matzah eaten nowadays in commemoration of the korban, because meat leaves a stronger taste in one's mouth than does matzah, and will not be washed out by a light dessert.  The Gemara thus indicates that the prohibition of ein maftirin emerges from the obligation to ensure that the taste of the korban pesach remains after its consumption.[8] This requirement itself begs an explanation.  Moreover, what conclusions, if any, can we derive from this halakhah about the mitzvah of eating the korban pesach?

            Many rishonim view the issur simply as a gezeirah, instituted to avoid certain violations.  One opinion[9] claims that by forbidding eating after the partaking of the korban, Chazal ensure that one will eat before he proceeds to eat the korban pesach, in fulfillment of the requirement to eat the korban pesach on a full stomach.[10]  Therefore, only eating a significant portion of food should have been prohibited.  However, the chakhamim insisted on a further safeguard, and required that the taste of the korban remain as a reminder not to partake of any food.[11]  Another position[12] suggests that since the custom was to recite Hallel in a different location from the eating of the korban pesach,[13] Chazal feared that one may forget to recite Hallel after eating his korban.  The taste of the korban serves as a reminder to observe the mitzvah of hallel.[14] Similarly, some contend that the korban's flavor would prompt one to continue discussing the story of yetzi'at Mitzrayim well into the night.[15] Yet another opinion[16] claims that the taste prevents one from partaking of an additional korban pesach in a different location, in violation of the issur of "bevayit echad ye'akhel,"[17] forbidding participation in the korban in more than one place.

Korban Pesach and Chag Hapesach

             Alternatively, we may suggest a more fundamental basis for the halakhah of "ein maftirin."  Perhaps the requirement to maintain the taste of the korban reflects the centrality of the korban pesach in the seder ritual. By keeping the taste of the korban in his mouth, a person defines his meal Pesach night as the feast of the korban pesach.  The flavor of the korban does not serve as a reminder, as the previous positions contended.  Rather, it is the means by which the pesach sacrifice determines the nature of the entire service Pesach night. Through the taste of the korban, one asserts that the pesach, not the matzah, maror, or any other component of the seder, constitutes its central feature.

            Indeed, this appears to be the approach of the Rambam.  In Hilkhot Chametz Umatzah,[18] he cites the prohibition to taste anything after the completion of the korban pesach or, nowadays, the afikoman, and presents the following explanation:

כדי שיהיה הפסק סעודתו וטעם בשר הפסח או המצה בפיו שאכילתן היא המצוה.

In order to have the meal completed with the taste of the meat of the pesach or matzah in one's mouth, for eating them is the mitzvah.

The last words of this sentence point to the dominant role of the korban pesach as the basis for the halakhah of ein maftirin.  One highlights this special status by retaining the taste of the korban.[19]

            The centrality of the korban pesach and its role as the focal point of the seder can be easily demonstrated by analyzing the character of the seder night.  The afternoon and evening of the fourteenth of Nisan (which we, perhaps inaccurately, call "Erev Pesach") comprise an independent chag, called "Chag Hapesach."  On the night of the fifteenth begins another chag, the week-long "Chag Hamatzot."[20]  This distinction between Chag Hapesach and Chag Hamatzot, which begins on the fifteenth, is clearly demonstrated by the pesukim in Vayikra.[21]

אלה מועדי ה' מקראי קודש אשר תקראו אותם במועדם. בחודש הראשון בארבעה עשר לחודש בין הערביים פסח לה'. ובחמשה עשר יום לחודש הזה חג המצות לה' שבעת ימים מצות תאכלו.

The Torah clearly distinguishes between two separate festivals, the first of which is entitled "Pesach," the festival of the pesach sacrifice.

            We also find halakhic ramifications of this special status of the fourteenth of Nisan and its relationship to the korban pesach.  The mishnah[22] prohibits perfoming involved labor on the fourteenth. Although Rashi[23] understands this prohibition as merely a gezeirah to ensure that one prepares properly for the seder, Tosafot[24] cite the Yerushalmi associating this issur melakhah with the korban pesach. According to the Yerushalmi, a Jew observes a chag on any day on which he offers a sacrifice.  Thus, the fourteenth of Nisan, on which every Jew brings a korban pesach, becomes a national holiday.  The Rambam implies an even stronger affiliation between the korban and the chag of the fourteenth.  In Hilkhot Yom Tov,[25] the Rambam asserts that although involved labor is prohibited on the day preceding every Yom Tov, the Jewish court metes out punishment for violators only with regard to "'Erev Pesach":

חוץ מערב פסח אחר חצות שהעושה בו מלאכה אחר חצות מנדין אותו... לפי שיום ארבעה עשר בניסן אינו כשאר ערבי ימים טובים מפני שיש בו חגיגה ושחיטת קרבן. לפיכך יום ארבעה עשר בניסן אסור בעשיית מלאכה מדברי סופרים כמו חולו של מועד.

The korban brought on the afternoon of the fourteenth infuses the day with the character of a chag, to the extent that the issur melakhah on this day resembles that of Chol Hamo'ed.  Furthermore, the Rama[26] maintains that the fourteenth of Nisan interrupts the period of mourning like other chagim. The Vilna Gaon[27] explains this position based on the aforementioned pesukim in Vayikra, which include this day in the list of "mo'adim."

            Thus, there exists an independent "Festival of the Pesach Offering" on the afternoon of the fourteenth.  We may assume that this holiday continues into the night, when the korban is to be consumed.[28] Therefore, the halakhah requires that the taste of the korban be the last flavor in one's mouth, as the Rambam states, "שאכילתן היא המצוה" - because the korban is the focal point of the chag.

Ein Maftirin and 'Al Hasova'           

            A possible variation of the above-described approach associates ein maftirin with the specific halakhah of "אין הפסח נאכל אלא על השובע", that the korban pesach must be eaten on a full stomach.[29]  Earlier, we encountered rishonim who saw the prohibition of ein maftirin as safeguarding this halakhah.  However, we may suggest that ein maftirin originates directly from "'al hasova'."  In other words, perhaps 'al hasova' requires more than just ensuring that one is satiated before proceeding to partake of the korban.  It demands that the meat of the korban be the last food one tastes Pesach night.  This view may adopt the same rationale for ein maftirin developed earlier.  However, rather than seeing the prohibition as an independent issur, this approach relates the requirement of "ta'am pesach" to that of 'al hasova'.

             Although no rishon seems to point in this direction explicitly, there may exist subtle references in at least two comments by rishonim. Rav Yehonatan Milunil states, rather cryptically,

והטעם כדי שלא יסור מפיו טעם הצלי, כי הפסח היה בסוף על השובע נאכל.

And the reason [for ein maftirin] is in order that the taste of the roast not leave one's mouth, because the pesach [sacrifice] was eaten at the end, 'al hasova'.

The straightforward reading of this piece suggests a direct, causal relationship between ein maftirin and 'al hasova', the former being a derivation of the latter.  It should also be noted that Rav Yehonatan Milunil adds the word "basof," indicating that 'al hasova' requires that the korban be consumed specifically at the tail end of the meal.

            The Ba'alei Hatosafot may have adopted this approach as well. As mentioned, one opinion in the Gemara restricts ein maftirin to the korban pesach itself.  In the post-Mikdash era, when the korban is "replaced" by the afikoman, this view allows one to eat and drink even after completing the afikoman.  Tosafot[30] explain this position as based on the following two assumptions: 1) The prohibition of ein maftirin evolves from the halakhah of 'al hasova'.  2) The requirement of 'al hasova', as the Yerushalmi explains, was instituted to ensure that one will not come to violate the issur of breaking a bone of the pesach in his haste to partake of the meat.  Since the prohibition of breaking the lamb's bones applies only to the actual korban itself, ein maftirin pertains specifically to the korban pesach, and not to the afikoman.  The contending position, which applies the prohibition even to the afikoman, evidently contests either or both of these assuptions.  Tosafot, toward the end of their discussion, view this opinion as negating specifically the second assumption:

ומאן דאמר אין מפטירין אחר מצה... לא ס"ל כטעם הירושלמי אלא סבר דבעינן טעם מצה ופסח בפיו.

And the opinion which contends that one may not eat after the matzah argues with the reason of the Yerushalmi, and maintains rather that we require the taste of matzah and the pesach in his mouth.

            According to Tosafot, this opinion concedes that ein maftirin stems from 'al hasova'.  However, it asserts that 'al hasova' should not be seen as a rabbinic ordinance mandated to prevent dismembering of the Paschal lamb.  Rather, it requires that the korban pesach be the last delicacy consumed Pesach night.  Although Tosafot's explanation remains ambiguous with regard to the reason behind the insistence on maintaining the ta'am pesach, it clearly sees an intrinsic relationship between the two halakhot of ein maftirin and 'al hasova'.

            In order to properly explore the prospect of such a relationship between these two dinim, we must first examine the source and nature of the halakhah of 'al hasova'.  Three possibilities exist as to the origin of this halakhah.  We have already encountered the Yerushalmi, which views 'al hasova' as a safeguard.  By contrast, Rashbam[31] and Rashi[32] suggest that 'al hasova' is not unique to the korban pesach.  We find in several places[33] the requirement of "lemoshchah ligdulah," that kodashim (including sacrificial meat as well as other mattenot kehunah) be eaten in a manner resembling a royal feast.  According to Rashbam and Rashi, this obligation necessitates that kodashim be eaten 'al hasova'.[34]  A third source appears in the Mekhilta,[35] which extrapolates 'al hasova' from the pasuk, על מצות ומרורים יאכלוהו.[36]. This appears to be the source adopted by the Rambam,[37] who cites this pasuk immediately preceding the halakhah of 'al hasova'. Which, if any, of these possible sources allow for the aforementioned suggestion that the requirement that the korban pesach be eaten 'al hasova' mandates that the taste of the korban remain in one's mouth?

            Clearly, the Yerushalmi's interpretation precludes such a notion.  It is inconceivable that a gezeirah instituted to prevent breaking the lamb's bones would be intrinsically linked to the halakhah of ta'am pesach.  Such a connection would also not exist if we adopt the view that 'al hasova' stems from "lemoshchah," for we do not find the halakhah of ta'am by any other korban.  However, the Rambam's source, that of the Mekhilta, does indeed present us with such a possibility.  After all the halakhah of 'al hasova' does apply to all korbanot,[38] so why do the Rambam and the Mekhilta find an independent source for such a halakhah regarding korban pesach? Perhaps the special pasuk from which the Mekhilta derives 'al hasova' regarding korban pesach adds the element of "ta'am basar befiv," a requirement unique to korban pesach. 

            In fact, we encounter several indications of a fundamental difference between korban pesach and other kodashim with respect to the halakhah of 'al hasova'.  These allusions arise in various acharonim's explanations of why an additional pasuk is needed to establish 'al hasova' for the korban pesach.  Rav Chayyim Brisker[39] suggests that 'al hasova' generally applies only when the consumption constitutes a fulfillment of the mitzvah to eat kodashim.  Now the Rambam[40] implies that the mitzvah to eat korbanot pertains only to the kohanim; partaking of the sacrificial meat by the be'alim, those who offered the sacrifice, does not constitute a mitzvah.[41]  Therefore, the requirement of 'al hasova' in the case of korban pesach, which is consumed by the be'alim, constitutes a distinctive halakhah, unique to korban pesach.  Rav Yerucham Fishel Perlow[42] raises another distinction, based on a subtle discrepancy in the formulation of the halakhah.  Regarding korban pesach, the Rambam employs the same terminology as the Mekhilta: מצווה מן המובחר: אכילת שובע לאכול בשר הפסח[43]. However, when discussing korbanot in general the Rambam cites the formulation of the Gemara[44]:

היתה להם אכילה מועטת אוכלין עמה חולין ותרומות כדי שתהיה נאכלת עם השובע[45].

With regard to general kodashim, the halakhah requires "'im hasova'," that the meat be eaten as part of a large, festive meal.  The expression used in the context of the korban pesach, "akhilat sova'," literally, "a satisfying consumption," implies that the quantity of meat one must eat should itself satiate one's appetite.  Evidently, the halakhah of 'al hasova', or, more accurately, "akhilat sova'," assumes an entirely different character regarding korban pesach than regarding other kodashim.

            Thus, if ein maftirin is not to be viewed as merely a preventive measure, it may relate to the definition of the seder night as "Chag Hapesach."  We retain the flavor of the korban to establish the nature of this chag as such.  This requirement can be seen either as an independent halakhah, or as a derivation of the obligation to eat the korban pesach 'al hasova'.

Nafka Minot

            The question of a possible connection between 'al hasova' and ein maftirin may be more than simply a technical issue regarding the source of the halakhah.  It may relate to the very essence of ein maftirin.  When dealing with the mitzvah of eating the korban pesach, we must distinguish between two separate elements.  First, the meat of the korban pesach has the status of kodashim, a rank shared by all korbanot.  As we have already seen, the consumption of kodashim constitutes a mitzvah.  Thus, on one level, the mitzvah to eat the korban pesach stems from its classification as a korban.  However, korban pesach contains an additional ingredient, namely, its place as an integral part of the observance of Pesach.  A separate pasuk obligates us to eat the korban pesach:  "ואכלו את הבשר בליל .הזה"[46]  Not only do the laws of kodashim obligate one to eat the korban pesach, but the laws of Pesach do as well.[47]  This duality is demonstated very clearly by the Rambam, who discusses the mitzvah to eat the korban pesach in two separate books of his Yad Hachazakah.  The mitzvah assumes its well-earned position in the seder as the Rambam goes through the halakhot of Pesach night in Hilkhot Chametz Umatzah.[48]  Later, in Sefer Korbanot, the Rambam dedicates a section to the laws pertaining to the preparation, sacrifice, and consumption of the korban pesach.  Thus we face two concurrent themes regarding the korban pesach.  It belongs to the long list of sacrifices that were offered throughout the year in the Beit Hamikdash, and it appears on the schedule of observances Pesach night. To which of these aspects does the issur of ein maftirin relate?  Is the halakhah rooted in the facet of korban pesach which is common to all korbanot, or does it stem from the unique, "Hilkhot Pesach" side of the korban?

            Perhaps there exists a direct correlation between this issue and the previous question of a possible link between ein maftirin and 'al hasova'. As discussed, the halakhah of 'al hasova' applies to all korbanot, but takes on an added dimension regarding korban pesach. Therefore, to the extent that we associate ein maftirin with 'al hasova', we are likely to conclude that ein maftirin stems from the "kodashim" aspect of korban pesach. However, if we view ein maftirin as independent of 'al hasova', then ein maftirin may be rooted in the unique, "Hilkhot Pesach" quality of korban pesach.  Such is the implication of the Rambam, who cites the issur of ein maftirin only in Hilkhot Chametz Umatzah,[49] quite a distance from Hilkhot Korban Pesach[50] where we find the obligation of 'al hasova'.

            This leads us to a possible nafka minah between an independent ein maftirin and one directly related to 'al hasova'.  In several places,[51] the Gemara cites the opinion of Rabbi El'azar ben 'Azaryah, that the korban pesach must be eaten before midnight.  Rav Chayyim Brisker[52] suggests that this restriction applies only with respect to the "Hilkhot Pesach" aspect of the korban pesach, not to the standard "kodashim" facet.  Thus, although one can fulfill his obligation to eat the korban only before midnight, the formal "eating period" for the korban pesach is the same as for several other kodashim kalim, namely, through the night.  As a result, the korban does not become "notar," forbidden for having exceeded the alotted time, until morning[53].  Between chatzot and daybreak, however, although one can no longer fulfill his obligation to eat the korban pesach, he is still permitted to consume the meat as regular kodashim.  If we accept Rav Chayyim's argument, then we should immediately ask, which halakhot associated with the korban pesach would apply when one eats the korban after chatzot?  Naturally, only those obligations or restrictions rooted in the "kodashim" facet of korban pesach would pertain, for after midnight only this facet remains - the period of the "Hilkhot Pesach" mitzvah has expired.  Thus, the issue of whether ein maftirin constitutes an independent prohibition or a derivation of 'al hasova' may have ramifications in such a case.  If there exists a link between the two halakhot, then ein maftirin relates to the standard, "kodashim" aspect of the korban, and would apply even after chatzot.  Conversely, if ein maftirin stands alone, it may very well be associated with the "Hilkhot Pesach" element, and one would be permitted to eat after completing his consumption after the korban in such a case.

            Another possible nafka minah might arise in a different scenario. Let us imagine that one enjoys his portion of the korban pesach after a robust feast, fulfilling the requirement of 'al hasova', and proceeds to partake of other delicacies thereafter.  May he satisfy the obligation of ta'am pesach by partaking of another portion of the korban several hours later, after his appetite has returned?  An approach linking ein maftirin and 'al hasova' may very well require that the two halakhot be fulfilled simultaneously.  In other words, one might be required to eat specifically his final piece 'al hasova'.  However, a position advocating a conceptual separation between these two halakhot would also allow for a chronological rift between the fulfillments of these dinim.

            The two possibilities we have discussed are not necessarily mutually exclusive; there might exist two halakhot: an independent halakhah of ein maftirin and one which derives from 'al hasova'.  The ramifications of this suggestion, obviously, would be the nafka minot discussed above.  To find such a position, we need to look no further than the Rashbam[54]:

אסור לאכול כלות אחר הפסח שלא יאבד ממנו טעם הפסח ולפי שדינו ליאכל בסוף על השובע.

It is forbidden to eat anything after the pesach so that the taste of the pesach isn't lost, and because it is to be eaten at the end, 'al hasova'...

The Rashbam offers no explanation for the requirement of ta'am pesach. However, he clearly delineates two distinct bases for ein maftirin: as an emanation from 'al hasova', and a separate requirement of ta'am pesach, independent of 'al hasova'. 

The Approach of the Avnei Nezer

            The Sokhochover Rebbe presents us with a radical and fascinating approach to ein maftirin, unrelated to any of the directions explored until now.  In his collection of responsa Avnei Nezer,[55] he identifies ein maftirin with the aforementioned position of Rabbi El'azar ben 'Azaryah, obligating one to partake of the korban pesach before midnight.  The Gemara derivees this shittah from a gezeirah shavah, a common usage of the term "balaylah hazeh."  This phrase appears in the context of the mitzvah to eat the korban pesach -  ואכלו את הבשר בלילה הזה[56] - and with regard to Hashem's slaying the first-born Egyptians - ועברתי בארץ מצרים בלילה הזה והכיתי כל בכור,[57] Rabbi El'azar thus maintains that just as God killed the Egyptian bekhorim at midnight,[58] so must one consume the korban by midnight.  The Avnei Nezer notes an apparent disparity between the time of makkat bekhorot and that of the consumption of the korban pesach.  Chazal assert that Hashem slew the Egyptian first-born at the precise moment of midnight, the fifteenth of Nisan.[59]  Therefore, the gezeirah shavah to akhilat hapesach should require one to eat the korban at the exact instant of chatzot.  So why does Rabbi El'azar require only that one fulfill the mitzvah before chatzot, rather than demanding that the meat be eaten exactly at midnight?

            According to the Avnei Nezer, the halakhah of ein maftirin answers this question.  Essentially, according to Rabbi El'azar ben 'Azaryah, a Jew must eat the korban at the precise moment of chatzot. The halakhah, however, offers him an alternative: if he still has the korban's flavor in his mouth at midnight, he is considered to have actually partaken of the korban at chatzot.  Thus, claims the Avnei Nezer, the prohibition of eating after the korban pesach ends at chatzot, as the function of the issur is merely to ensure the presence of the ta'am pesach at midnight.

            From this thesis the Avnei Nezer arrives at a revolutionary halakhic ruling.  The rishonim[60] argue as to whether or not the halakhah follows Rabbi El'azar ben 'Azaryah; the Shulchan 'Arukh urges one to attempt to follow the stringent opinion.[61]  The Avnei Nezer proposes the following solution for one whose seder runs late and will not complete his meal before midnight.  He should interrupt his meal and eat a kezayit of matzah as his afikoman.  Before eating, however, he should declare that this piece of matzah should be considered his afikoman only if the halakhah in fact requires the afikoman to be consumed before chatzot. He must then refrain from eating until chatzot, to retain the flavor of the afikoman in his mouth. After chatzot, he may resume his meal, for even according to Rabbi El'azar the prohibition of ein maftirin ends at midnight.  After his meal, he should eat another kezayit to fulfill the obligation of afikoman 'al hasova', in case the halakhah does not demand eating the afikoman before chatzot, and thus the first piece was not considered his afikoman.

            Perhaps we can further develop this contention by probing a bit deeper into the mitzvah of eating the korban pesach.  Perhaps Rabbi El'azar's relating the pasuk of korban pesach to that of makkat bekhorot implies more than a mere linguistic similarity.  This gezeirah shavah may allude to an intrinsic relationship between the korban pesach and the event of makkat bekhorot.  That such a connection exists is clear from the name, "korban pesach," which refers directly to the miraculous events of midnight, the fifteenth of Nisan.  Several pesukim demonstrate this relationship explicitly:  "והיה הדם לכם לאות על הבתים אשר אתם שם וראיתי את הדם ופסחתי עליכם".[62]  Hashem's "skipping"[63] over the Jewish homes during the plague is directly associated with the blood of the korban pesach on the Jewish doorposts.  The Torah repeats this theme later, while instructing a father how to respond to his son's inquiries regarding the korban pesach:  "ואמרתם זבח פסח הוא לה' אשר פסח על בתי בני ישראל... במצרים בנגפו את מצרים ואת בתינו הציל".[64] Thus the korban pesach commemorates the unique protection God offered to Benei Yisra'el Pesach night.

            This fundamental connection between the korban pesach and the specific events of makkat bekhorot may serve as a basis for the Avnei Nezer's claim.  If the korban's primary and predominant function relates to the commemoration of makkat bekhorot, then we might anticipate a requirement to partake of the korban at the precise moment of chatzot, at least in theory, if not in practice.

Summary

            Although many rishonim perceive the prohibition of ein maftirin as a gezeirah, it can also be understood as a reflection of the korban pesach's central role Pesach night.  The afternoon and evening of the fourteenth of Nisan constitute an independent festival, "Chag Hapesach," featuring the korban pesach at its core.  Therefore, Chazal require one to retain the ta'am pesach in his mouth, to highlight the dominant role of the korban pesach. This obligation either stands alone as a separate din, or may evolve from another principle in Hilkhot Pesach, that the korban pesach must be eaten 'al hasova'.  Such an assertion would explain why the Mekhilta derives 'al hasova' regarding korban pesach from a special pasuk in Shemot even though 'al hasova' applies to all korbanot.  The extra pasuk contributes an additional component to 'al hasova' with respect to pesach, namely, the issur of ein maftirin.

            The difference between an independent halakhah of ein maftirin and one rooted in 'al hasova' may be formulated in more general terms. If it stands alone, we should perceive the halakhah as associated with the unique, "Hilkhot Pesach" facet of the korban pesach.  On the other hand, a relationship between ein maftirin and 'al hasova' points to an association with the standard, "kodashim" aspect of the korban.  Such a distinction would have halakhic ramifications in cases in which only one of these aspects is relevant.

            The Avnei Nezer presents a novel interpretation of the issur of ein maftirin.  He argues that the opinion of Rabbi El'azar ben 'Azaryah actually requires one to consume the korban pesach at the exact instant of chatzot, the precise moment at which makkat bekhorot occurred.  In practice, one fulfills this obligation by retaining the flavor of the korban until chatzot. Such an argument may be based on an intrinsic connection between the korban pesach and makkat bekhorot, that the essence of the korban pesach is its commemoration of the miraculous events of the night of yetzi'at Mitzrayim.