Labor, Lamps, and Livestock: Local Norms, Pluralism, and Halachic Variance by Time and Place (Mishnah Pesachim 4:1-5)
‘In Places Where They Do [X]…’ - Variety in local halachic practices Across Passover, Yom Kippur, Tisha B'Av, Shmita, and More
This piece is in honor of Passover. Chag Sameach!1
Mishnah Pesachim Chapter 4 is the locus classicus of how halakhic authority negotiates diversity. A series of sections in the chapter2 catalogs cases in which local custom—not formal law—determines religious practice.
The structure is formulaic: “In a place where they were accustomed (נהגו) to do X, one does X; in a place where they were not accustomed to do X, one does not do X.” This formula is repeated across six different areas, ranging from labor on Passover eve to lighting lamps on Yom Kippur.3
The topics addressed include both legal gray areas and zones of potential conflict. Some practices (e.g. work on Tisha B’Av or lighting candles on Yom Kippur) are framed as discretionary, but the Mishnah stresses that outsiders should adopt the stricter custom to avoid communal friction. Others (e.g. selling animals to non-Jews) have hard limits, despite minor dissenting views.
The chapter closes with a case study: six local customs in Jericho, half tolerated, half condemned—demonstrating willingness to accept divergence only within specific bounds.
Outline
Local Customs re not working on Passover Eve (=Erev Pesach): Navigating Stringencies and Avoiding controversy
Consuming Sabbatical Year Produce Transported Across Regions with Varying Statuses: Destroy produce if brought from place where produce is no longer available
Local Customs and Restrictions on Selling Livestock to Non-Jews
Local Customs on Eating Roasted Meat on Passover (Seder) Night
Local Customs of Lamp Kindling on Yom Kippur: Variations and Exceptions
Local Customs of Labor on Tisha B'Av and the Night and Day before Passover: Regional Differences and Rabbinic Disputes
Appendix 1 - Table summarizing
Appendix 2 - The Talmudic Literature on Restrictions on raising animals in Eretz Yisrael, especially sheep and goats
(Mishnah Bava Kamma 7:7)
(Talmud Bavli, Bava Kamma 79b)
Appendix 3 - How the Passover animal sacrifice should be cooked (‘doneness’), Eating roasted meat on Seder night, and the Meaning of ‘Na’ (נא)
How the Passover animal sacrifice should be cooked, According to the Bible (Exodus 12:8-9)
Linguistic Nuance of the Biblical word “Na” (נא)
How the Passover animal sacrifice should be cooked, According to the Talmudic literature
The ‘Zeroa’ (זרוע)
The Passage
1 - Local Customs re not working on Passover Eve (=Erev Pesach): Navigating Stringencies and Avoiding controversy
In places where it is customary to perform labor (מלאכה) on Passover eve4 until midday (חצות), one may do so, and in places where it is customary not to perform labor, one must refrain.
If someone travels between places with different customs regarding labor on Passover eve, they must observe the stricter (חמרי) custom of both the place they came from and the place they visit.
The general principle is that one (אדם) should not “deviate”,5 to avoid causing controversy (מחלקת).
מקום שנהגו לעשות מלאכה בערבי פסחים עד חצות -- עושין.
מקום שנהגו שלא לעשות -- אין עושין.
ההולך
ממקום שעושין, למקום שאין עושין,
או ממקום שאין עושין, למקום שעושין
נותנין עליו
חמרי מקום שיצא משם,
וחמרי מקום שהלך לשם.
ואל ישנה אדם,
מפני המחלקת
In a place where the people were accustomed to perform labor on Passover eve until midday — one may do so on that day.
In a place where the people were accustomed not to perform labor — one may not do so.
The performance of labor on the eve of Passover is not prohibited by Torah law, but is dependent on local custom. If one travels
from a place where people perform labor on Passover eve to a place where people do not perform labor,
or from a place where people do not perform labor on Passover eve to a place where people perform labor,
the Sages impose upon him
the stringencies of both the place from which he left
and the stringencies of the place to which he went.
In both cases, he may not perform labor.
The Sages stated a principle:
And a person may not deviate from the local custom,
due to potential dispute.
2 - Consuming Sabbatical Year Produce Transported Across Regions with Varying Statuses: Destroy produce if brought from place where produce is no longer available
This passage discusses the rules regarding the consumption of Sabbatical Year (Shemitah) produce.
It explains that when someone transports such produce between locations with different statuses—where the crop has “ceased”6—they must follow the stricter rules of both locations: they must remove (לבער) the remaining produce from their home.7
R' Yehuda disagrees, stating that one need not remove the produce, as they could argue that it is still accessible in another location.
כיוצא בו,
המוליך פרות שביעית
ממקום שכלו, למקום שלא כלו,
או ממקום שלא כלו, למקום שכלו,
חיב לבער.
רבי יהודה אומר:
אומרים לו:
צא והבא לך אף אתה
Similarly,
one who transports Sabbatical Year produce
from a place where a crop has ceased in the fields, to a place where it has not yet ceased
or from a place where it has not yet ceased, to a place where it has already ceased
is obligated to remove the produce from his possession, in accordance with the stringencies of both locations.
It is permitted for homeowners to eat Sabbatical Year produce in their houses only as long as that species of fruit remains in the field as ownerless property. However, once that particular fruit is no longer available for animals in the fields, one is required to remove what remains of that species from his home. The statement in the mishna is referring to one who transported fruit from a location where it ceased in the fields to one where it did not, and vice versa.
R' Yehuda says that
he need not remove the produce, as he can say to a local resident:
You, too, go out and bring this produce from a place where it remains in the field.
3 - Local Customs and Restrictions on Selling Livestock to Non-Jews
This Mishnah discusses local customs regarding selling livestock (בהמה) to non-Jews.
In places where it was customary to sell sheep and goats,8 such sales were permitted, while in places where it was not customary (due to concerns or decrees), sales were prohibited.9
However, in all locations, selling large livestock (בהמה גסה - e.g., cattle) to non-Jews is forbidden, including “broken” animals.
R' Yehuda allowed the sale of “broken” (שבורה) animals, and Ben-Beteira permitted selling horses.
מקום שנהגו למכר בהמה דקה לגוים -- מוכרין.
מקום שנהגו שלא למכר -- אין מוכרין
ובכל מקום:
אין מוכרין להם
בהמה גסה,
עגלים וסיחים
שלמין ושבורין.
רבי יהודה מתיר בשבורה.
בן בתירה מתיר בסוס
Apropos different local customs discussed in the first mishna in this chapter, this mishna discusses various halakhot with regard to which there are different customs.
In a place where the people were accustomed to sell small livestock to gentiles — one may sell them.
In a place where the people were not accustomed to sell them due to certain concerns and decrees — one may not sell them.
However, in every place,
one may sell to gentiles neither large livestock, e.g., cows and camels,
nor calves or foals,
whether these animals are whole or damaged.
The Sages prohibited those sales due to the concern lest the transaction be voided or one side reconsider, creating retroactively a situation where a Jew’s animal performed labor for the gentile on Shabbat in violation of an explicit Torah prohibition.
R' Yehuda permits the sale of a damaged animal because it is incapable of performing labor.
Ben Beteira permits the sale of a horse for riding, because riding a horse on Shabbat is not prohibited by Torah law.
4 - Local Customs on Eating Roasted Meat on Passover (Seder) Night
The Mishnah discusses a custom regarding eating roasted meat (צלי) on Passover (Seder) night (לילי פסחים).
It states that in locations where the custom is to eat roasted meat on that night, one may do so, but in places where the custom is not to eat it outside of Jerusalem, one must refrain from eating it.10
מקום שנהגו לאכל צלי בלילי פסחים -- אוכלין.
מקום שנהגו שלא לאכל -- אין אוכלין.
The mishna cites another custom related to Passover. In a place where people were accustomed to eat roasted meat on Passover evenings, outside of Jerusalem or after the Temple was destroyed — one may eat it.
In a place where people were accustomed not to eat outside Jerusalem — one may not eat it.
5 - Local Customs of Lamp Kindling on Yom Kippur: Variations and Exceptions
The Mishnah outlines different local customs regarding kindling (להדליק) lamps (נר) on Yom Kippur evenings.11
In communities where the custom is to kindle a lamp in the house, one follows that practice, while in places where it is not customary, lamps are not lit in houses.
However, even where house lamps are not kindled, lamps should still be lit in synagogues (בתי כנסיות), study halls (בתי מדרשות), dark alleyways,12 and near the sick.
מקום שנהגו להדליק את הנר בלילי יום הכפורים -- מדליקין.
מקום שנהגו שלא להדליק -- אין מדליקין.
ומדליקין
בבתי כנסיות
ובבתי מדרשות,
ובמבואות האפלים,
ועל גבי החולים
The mishna discusses additional differences between local customs.
In a place where people were accustomed to kindle a lamp in the house on Yom Kippur evenings — one kindles it.
In a place where people were accustomed not to kindle a lamp — one does not kindle it.
However, even in a place where the custom is not to kindle lamps in houses, one kindles
in synagogues
and study halls, in deference to these places.
Similarly, lamps should be kindled in dark alleyways, so people will not be hurt,
and next to the sick.
6 - Local Customs of Labor on Tisha B'Av and the Night and Day before Passover: Regional Differences and Rabbinic Disputes
This Mishnah discusses customs related to performing labor on Tisha B'Av.13
Local customs determine whether one works on the Ninth of Av, with Torah scholars (תלמידי חכמים) refraining from labor14 everywhere.
Rabban Shimon ben Gamliel (c. mid-1st century CE) advocates that everyone should follow the practice of Torah scholars and avoid work on this day.
The discussion then shifts to differences in customs regarding work on Passover eve: in Judea, labor was allowed until midday, while in the Galilee, no labor was performed.15
There is also a dispute between Beit Shammai and Beit Hillel (c. early- to mid-1st century CE) about whether labor is permitted the night before Passover, with Beit Shammai prohibiting it and Beit Hillel allowing it until sunrise (הנץ החמה).
מקום שנהגו לעשות מלאכה בתשעה באב -- עושין.
מקום שנהגו שלא לעשות מלאכה -- אין עושין.
ובכל מקום -- תלמידי חכמים בטלים.
רבן שמעון בן גמליאל אומר: לעולם יעשה אדם עצמו תלמיד חכם.
וחכמים אומרים:
ביהודה -- היו עושין מלאכה בערבי פסחים עד חצות,
ובגליל -- לא היו עושין כל עקר.
והלילה --
בית שמאי אוסרין,
ובית הלל מתירין עד הנץ החמה
This mishna continues the previous discussion of customs.
In a place where people were accustomed to perform labor on the Ninth of Av — one performs labor.
In a place where people were accustomed not to perform labor —one does not perform labor.
And in all places Torah scholars are idle and do not perform labor on the Ninth of Av, due to the mourning over the Temple’s destruction.
Rabban Shimon ben Gamliel says: With regard to the Ninth of Av, a person should always conduct himself as a Torah scholar and refrain from performing labor.
Apropos the discussion of performing labor on Passover eve, differences in other customs were cited. And the Rabbis say:
In Judea — people would perform labor on Passover eves until midday,
and in the Galilee — people would not perform labor on Passover eve at all.
With regard to performing labor on the night before Passover eve, the night between the thirteenth and fourteenth of Nisan,
Beit Shammai prohibit performing labor,
and Beit Hillel permit doing so until sunrise
Appendix 1 - Table summarizing
Appendix 2 - The Talmudic Literature on Restrictions on raising animals in Eretz Yisrael, especially sheep and goats
Restrictions on raising animals in Eretz Yisrael, especially sheep and goats, is a relatively major topic in Talmudic literature.
The concern is traditionally understood to be a primarily due agricultural protection and property rights; essentially a rabbinic zoning law aimed at preventing crop damage.16
Key sources:
Mishnah Bava Kamma 7:7 forbids raising “small livestock” (sheep + goats) in the settled parts of Eretz Yisrael.
The Bavli (ibid., 79b-80a) and two parallel baraitot spell out the limits: forbidden in all cultivated zones, tolerated in the Judean and Akko border deserts, and totally permitted outside the land.
Possible explanations for the ban:
1. Crop theft. Goats and sheep roam far, chew everything, and ruin neighbor’s fields. Rashi glosses the ban as a straight‑up anti‑theft measure: “so they don’t burn (i.e., destroy) Israel’s grain.”
2. Land preservation: Goats strip bark and accelerate erosion; the ban is classed under “yishuv ha‑aretz”—keeping the land farmable for its owners.
3. Collective enforcement: The Talmud cites a baraita that states that large cattle stayed legal because importing them from abroad was impractical; banning them would have been an unenforceable gezeira. Small stock could be bought elsewhere, so the sages felt free to outlaw them locally.
(Mishnah Bava Kamma 7:7)
אין מגדלין בהמה דקה בארץ ישראל
אבל מגדלין
בסוריא,
ובמדברות שבארץ ישראל
One may not raise small domesticated animals (בהמה דקה), i.e., sheep and goats, in settled areas of Eretz Yisrael, as they graze on people’s crops.
But one may raise them
in Syria, despite the fact that with regard to many other halakhot Syria is treated like Eretz Yisrael,
and in the wilderness (מדברות) of Eretz Yisrael
(Talmud Bavli, Bava Kamma 79b)
תנו רבנן:
אין מגדלין בהמה דקה בארץ ישראל,
אבל מגדלין בחורשין של ארץ ישראל.
בסוריא – אפילו בישוב,
ואין צריך לומר בחוצה לארץ.
The Sages taught in a baraita:
One may not raise small domesticated animals (בהמה דקה), i.e., sheep and goats, in settled areas of Eretz Yisrael.
But one may raise them in the forests (חורשין) of Eretz Yisrael.
In Syria, it is permitted to do so even in a settled (ישוב) area.
And, needless to say, it is permitted to do so outside of Eretz Yisrael (חוצה לארץ)
תניא אידך:
אין מגדלין בהמה דקה בארץ ישראל
אבל מגדלין
במדבר שביהודה
ובמדבר שבספר עכו
It is taught in another baraita:
One may not raise small domesticated animals in settled areas of Eretz Yisrael.
But one may raise them
in the wilderness (מדבר) that is in Judea
and in the wilderness that is on the border (ספר) near Akko.
ואף על פי שאמרו אין מגדלין בהמה דקה
אבל מגדלין בהמה גסה
לפי שאין גוזרין גזרה על הצבור
אלא אם כן רוב צבור יכולין לעמוד בה
בהמה דקה -- אפשר להביא מחוצה לארץ,
בהמה גסה -- אי אפשר להביא מחוצה לארץ
And even though they said that one may not raise small domesticated animals,
nevertheless, one may raise large domesticated animals (בהמה גסה), i.e., cattle,
because they issue a decree (גזרה) upon the public (צבור)
only if a majority of the public is able to abide by it (לעמוד בה)
This difference is that
it is possible for someone to bring small domesticated animals from outside of Eretz Yisrael (חוצה לארץ) in the event that they are needed.
But it is not possible for someone to bring large domesticated animals from outside of Eretz Yisrael whenever he needs one, since there is a constant need for them as beasts of burden. Therefore, they did not issue a decree with regard to these types of animals.
Appendix 3 - How the Passover animal sacrifice should be cooked (‘doneness’), Eating roasted meat on Seder night, and the Meaning of ‘Na’ (נא)
How the Passover animal sacrifice should be cooked, According to the Bible (Exodus 12:8-9)
See Exodus.12.8-9, regarding how the Passover animal sacrifice should be cooked:
ואכלו את־הבשר בלילה הזה
צלי־אש
ומצות על־מררים יאכלהו
אל־תאכלו ממנו נא
ובשל מבשל במים
כי אם־צלי־אש
They shall eat the flesh that same night;
they shall eat it roasted over the fire,
with unleavened bread and with bitter herbs.
Do not eat any of it raw,
or cooked in any way with water,
but roasted
The prohibition in Exodus 12:9 applied specifically to the Passover animal sacrifice, which had to be roasted whole and not boiled or eaten raw ("na").
Linguistic Nuance of the Biblical word “Na” (נא)
The adjective “na” in the Exodus verse refers to meat that is not fully roasted—what we might call “rare”. The word only appears in this single place, in the Bible in the context of Passover sacrifice.
See Hebrew Wiktionary, “נא”, sense #2, my translation:
Half-roasted, half-cooked, or half-baked.
“Do not eat any of it raw, or cooked in water, but only roasted over fire—its head with its legs and inner parts.” (Exodus 12:9)
Etymology
The word appears only once in the Bible. It has parallels in Arabic: nayy / na’y and ni meaning “uncooked.”
And ibid., section “מידע נוסף”, my translation:
In Hebrew, "na" refers to food that is partially cooked [...]
However, in [colloquial Modern Hebrew], the word na is also used to describe raw, uncooked food such as that used in steak tartare or sushi.
This may stem from foreign languages, like English, where the word raw can be translated into Hebrew as either "chai" (literally: “alive”, i.e. raw ) or "na" (partially cooked), and/or from Arabic, where a similarly pronounced word refers to raw, uncooked food, as noted in the etymology section (above).
Additionally, it should be noted that according to the Mekhilta on the biblical verse and according to various translations, na is interpreted as "raw" [...]
How the Passover animal sacrifice should be cooked, According to the Talmudic literature
See “קורבן פסח”, section “צליית הפסח”, my translation:
The Bible states: “Do not eat any of it ‘na’ (partially roasted) or boiled in water, but only roasted over fire, its head with its legs and inner parts” (Exodus 12:9).
From here it is derived that the Paschal offering may not be eaten if it is na (i.e., only slightly roasted [נצלה] and not yet fit for consumption) or boiled/cooked (מבושל)—it must be properly fire-roasted (צלוי), with no liquid involved.
If the meat is accidentally charred (נחרך), the Talmud says it is still valid.
It is also derived from this verse that the offering must be roasted by direct fire (צלי אש), not by any other means.
Therefore, the roasting is done with a wooden spit (שיפוד), which does not conduct heat, and not with a metal spit (as in that case the meat would cook from the heated spit rather than the fire, and would be considered "roasted by another means").
Likewise, the roasting may not be done in a vessel.
According to the Mishnah, a pomegranate-wood spit was used, because it is drier than other woods and does not release moisture when heated. Other woods might release water during roasting and effectively cook the meat.
The animal's legs and entrails (מעיים) were skewered separately from the body.
When Passover eve falls on Shabbat, the roasting is postponed to Saturday night. In that case, the lamb is placed in the oven (תנור) right as the holiday begins and roasts on its own, without human intervention.
After the Temple's destruction, the original korban was no longer offered.
Eating roasted meat on Seder night resembled that lost ritual.
That resemblance was seen by some as problematic; some communities avoided roasted meat entirely to prevent the appearance that they were offering a sacrifice outside the Temple, a serious halakhic issue.
The ‘Zeroa’ (זרוע)
See Wikipedia, “Zeroa”:
Zeroa (Hebrew: זרוֹע) is a lamb shank bone or roast chicken wing or neck used on Passover and placed on the Seder plate.
It symbolizes the korban Pesach (Pesach sacrifice), a lamb that was offered in the Temple in Jerusalem, then roasted (70 CE) during the destruction of the Temple, the z'roa serves as a visual reminder of the Pesach sacrifice.
In Ashkenazi and many Sephardi families, it is not eaten [...], as it represents a sacrifice made at the Temple, but is not actually, making it taboo to eat.
And see Wikipedia, “Passover Seder”, section “Mah Nishtanah (The Four Questions)”:
The question about reclining substitutes for a question about eating roasted meat, that was present in the mishnah but removed by later authorities due to its inapplicability after the destruction of the temple:
“She-b'khol ha-lelot:
anu okh'lin basar tsali shaluk u-mvushal,
ve-ha-layla ha-ze: kullo tsali”.
('Why is it that:
on all other nights: we eat meat either roasted, marinated, or cooked,
but on this night: it is entirely roasted?')
Roasted sacrifices were no longer possible after the destruction, and roasted meat was therefore disallowed on seder night, to avoid ambiguity.
For an interesting Talmudic allusion to the 21st of Nisan (Shevi'i shel Pesach), the traditional date of the Crossing of the Sea (c. 15th-13th century BCE), see my recent piece “Pharaoh’s Daughter Rescuing Moses in Exodus 2:6-9 (Sotah 12b)“, section “The Date of Moses’ Placement in the Nile: 21st of Nisan (Shevi'i shel Pesach) or 6th of Sivan (Shavuot)”, where the Talmud specifically references the Song of the Sea (שירה על הים):
רבי חנינא בר פפא אמר:
אותו היום עשרים ואחד בניסן היה,
אמרו מלאכי השרת לפני הקדוש ברוך הוא:
רבונו של עולם!
מי שעתיד לומר שירה על הים ביום זה —
ילקה ביום זה?!
R' Ḥanina bar Pappa says:
That day that Moses was placed in the river was the twenty-first day of the month of Nisan.
The ministering angels (מלאכי השרת) said before the Holy One, Blessed be He:
Master of the Universe!
should the one who in the future will say the Song at the Red Sea (שירה על הים) on this day
be stricken (ילקה) on this day?! As this was also the date on which the Red Sea would be parted during the salvation of the Exodus.
On the final mishnah section in this chapter, see my “The Biblical King Hezekiah's Six Controversial Actions: Three Approved, Three Not (Mishnah Pesachim 4:9)”.
For a reader-friendly formatting of this chapter, showing the structure, see my piece at my Academia page, “Literary Structure and Rhetorical Technique in the Mishnah: Visualizing Patterns with Formatted Lists and Tables“, pp. 65-70.
There, I split this Mishnah chapter into three sections (see section “Outline”, ibid., p. 4):
Regional Differences in Religious Customs: 6 Local Variations and Their Guidelines (Pesachim 4:1-5a)
Jericho’s 6 Controversial Customs: 3 Reprimanded and 3 Tolerated (Pesachim 4:8)
King Hezekiah's 6 Controversial Actions: 3 Approved, 3 Rejected (Pesachim 4:9)
See there for my translations, along with additional summary tables.
From a structural standpoint, the use of three units of six each is likely intentional. It reflects the chapter’s broader rhetorical strategy: organizing memorable historical behaviors into stylized, symmetrical lists that often contrast commendation with criticism.
Technically, the formula appears in 5/6 of the cases, as #2 follows a different pattern:
#1:
מקום שנהגו לעשות מלאכה בערבי פסחים עד חצות -- עושין
מקום שנהגו שלא לעשות -- אין עושין
#3:
מקום שנהגו למכר בהמה דקה לגוים -- מוכרין
מקום שנהגו שלא למכר -- אין מוכרין
#4:
מקום שנהגו לאכל צלי בלילי פסחים -- אוכלין
מקום שנהגו שלא לאכל -- אין אוכלין
#5:
מקום שנהגו להדליק את הנר בלילי יום הכפורים -- מדליקין
מקום שנהגו שלא להדליק -- אין מדליקין
#6:
מקום שנהגו לעשות מלאכה בתשעה באב -- עושין
מקום שנהגו שלא לעשות מלאכה -- אין עושין
Compare #2, which follows a distinctly different literary pattern, as instead of dealing with arbitrarily divergent local customs, it relates to inherent empirical geographic differences in agricultural seasons:
כיוצא בו,
המוליך פרות שביעית
ממקום שכלו, למקום שלא כלו,
או ממקום שלא כלו, למקום שכלו,
חיב לבער
It can be speculated that #2 may have been added—even though it doesn’t fit the pattern—to fill out the total number of cases to 6. On the significance of the list of six, see my note later on the structural aspect of this Mishnaic chapter.
ערבי פסחים - Erev Pesach (i.e. the 14th of Nisan, before sunset).
Compare also:
Erev Shabbat: ערב שבת (See Hebrew Wikipedia. And see my discussion in a note in a previous piece of the halachic aspect of this time),
Erev Yom Kippur: ערב יום הכיפורים (see Hebrew Wikipedia),
Erev Yom-Tov; i.e. Eve of Festival: ערב יום טוב ( see Hebrew Wikipedia, “ערב חג”).
And see the beginning of the final chapter of Tractate Pesachim, which deals with preparations on the afternoon before the Seder, Mishnah_Pesachim.10.1:
ערבי פסחים, סמוך למנחה,
לא יאכל אדם, עד שתחשך
On the eve of Passover (ערבי פסחים), adjacent to minḥa time,
a person may not eat until dark,
so that he will be able to eat matza that night with a hearty appetite
On the discussion of that law in the corresponding Talmudic sugya, see my recent piece “Searching for Leaven with Lamps: Symbolism and Function in Bedikat Ḥametz (Pesachim 7b-8a)“, section “Appendix 2 - Debates on Eating and Appetite on Passover Eve (Pesachim 107b-108a)“.
And see this construct also in Mishnah_Eduyot.5.2:
גר שנתגיר ערבי פסחים,
בית שמאי אומרים: טובל, ואוכל את פסחו לערב.
ובית הלל אומרים: הפורש מן הערלה, כפורש מן הקבר
One who converted (גר שנתגיר - to Judaism, i.e. performed the technical conversion) on the eve of Passover (ערבי פסחים):
Beth Shammai says: he immerses (טובל) and eat his Passover sacrifice (פסחו) in the evening.
[But] Beth Hillel says: one who separates himself from uncircumcision (ערלה) is as one who separates himself from the grave.
Halachic Background of that Mishnah:
This Mishnah touches on whether a convert who completes conversion (גר שנתגיר) on Erev Pesach (the 14th of Nisan) may participate in the Korban Pesach (Passover animal sacrifice) that evening, i.e., the 15th.
The Bible explicitly states that an uncircumcised person is prohibited from eating the Passover sacrifice, as stated in Exodus 12:48 (translation JPS 1985, from Sefaria, with adjustments):
וכי־יגור אתך גר
ועשה פסח ליהוה
המול לו כל־זכר
ואז יקרב לעשתו
והיה כאזרח הארץ
וכל־ערל לא־יאכל בו
If a stranger (גר) who dwells (יגור) with you
would offer the passover [sacrifice] (פסח) to YHWH,
all his males must be circumcised (המול);
then he shall be admitted (יקרב) to offer it;
he shall then be as a citizen (אזרח) of the land.
But no uncircumcised [person] (ערל) may eat of it.
Additional points to keep in mind: The eater must be ritually pure (tahor), and the Korban is eaten at night of the 15th, though slaughtered on the 14th.
Conversion Process in Tannaitic Halacha:
For men: requires circumcision (milah) and immersion (tevilah)
After these, the person is a full Jew, subject to mitzvot.
Beit Shammai’s View:
If the convert completed the process (presumably had milah previously and now does tevilah), he’s a full Jew before nightfall.
So, since he is technically Jewish and purified before the korban is eaten, he can partake that same evening.
Halachic Logic: The ritual tevilah suffices for purification; the timing is valid since the korban is only eaten at night.
Beit Hillel’s View:
They state that "one who separates from uncircumcision is like one who separates from the grave."
This implies a period of impurity post-conversion, akin to someone who became impure from a corpse (tum’at met).
The convert is not fully tahor yet.
Halachic Consequence: He must wait a full period before being allowed to eat sacred offerings. Tonight is too soon.
As an aside, on the offering of the Passover animal sacrifice in the Temple in general, which was the most significant annual event of the Jewish calendar in ancient times, see my previous piece “Crowds, Crushes, and Censuses: Talmudic Historical Anecdotes of The Pilgrimage to Jerusalem for Passover in the Late Second Temple Period (Pesachim 64b)“
ישנה - literally: “change”, i.e. from local custom.
כלו - i.e. ceased to grow in the fields or is still available.
I.e., landowners can eat the produce only as long as that species remains in the field as ownerless property.
Once it's no longer available for animals in the field, they must remove the remaining produce from their home.
בהמה דקה - “small livestock“.
This is the standard term used in the Talmud to refer to sheep and goats, as a class, as opposed בהמה גסה ("large livestock"), which refers especially to cattle, but also to other large domesticated working animals such as donkeys, camels, and horses (essentially, pack animals and large draft animals).
These are important categories that are used in the context of multiple domains of halacha.
Restrictions on raising animals in Eretz Yisrael, especially sheep and goats, is a relatively major topic in the Talmud.
See my Appendix 2 at the end of this piece: “The Talmudic Literature on Restrictions on raising animals in Eretz Yisrael, especially sheep and goats”
See my Appendix 3 on this: “Appendix 3 - How the Passover animal sacrifice should be cooked (doneness), Eating roasted meat on Seder night, and the Meaning of ‘Na’ “.
The Passover animal sacrifice was also discussed in an earlier section in this piece, in regards to the eligibility of a new convert or uncircumcised eating it.
לילי - i.e. Erev Yom Kippur.
מבואות האפלים; presumably for safety, since many more people than usual will be going out on Yom Kippur night.
Literally: “the Ninth of Av”; the day of mourning for the Second Temple's destruction in year 70 CE.
The topic similar to the discussion earlier re performing labor on Passover eve.
בטלים - literally: “idle, inactive”.
The Mishnaic Hebrew term batel doesn’t have the negative connotation in Mishnaic Hebrew that it does in English.
The English word idle, generally carries connotations of laziness, wastefulness, or moral failing.
In contrast, in Mishnaic and Rabbinic usage, "בטל" is neutral/technical—it simply refers to someone who is not engaged in labor, often because they are part of an elite that doesn’t need to work, or halachically enjoined not to work.
See my note in my previous piece on this.
The contrast in practices between Judea and Galilee (both in Roman Palestine / Eretz Yisrael) is a common one.
See also my piece “From Mnemonics to Miscommunication: A Talmudic Comparative Study of Judean and Galilean Aramaic Speech, Torah Study Methods, and Sociolinguistics (Eruvin 53a-b)“.
See Hebrew Wikipedia:
“מצוות יישוב ארץ ישראל”, section “איסור גידול בהמה דקה בארץ ישראל”.