Mishneh Torah, Leavened and Unleavened Bread 6

Sugya Map

• Issue: The nature of the obligation to eat matzah on the first night of Passover—specifically, its independence from the Paschal sacrifice, the duration of the obligation, and the source of the commandment for the post-Temple era.
• Nafka Mina:
  • Whether the mitzvah is de-oraita (Torah-level) or de-rabanan (Rabbinic) today.
  • The latest time for the mitzvah (halachic midnight vs. dawn).
  • The status of matzah (or chametz) before/after the designated time.
• Primary Sources: Exodus 12:18, Pesachim 115a-120b, Mishneh Torah, Leavened and Unleavened Bread 6:1, Nachal Eitan on MT 6:1.

Text Snapshot

The Rambam opens with: "It is a positive commandment of the Torah to eat matzah on the night of the fifteenth... this applies in every place and at every time."

• Nuance: The phrase "בכל מקום ובכל זמן" (in every place and at every time) is crucial. While the Paschal lamb is restricted by location (Jerusalem), the matzah is not. The Rambam emphasizes the de-oraita status here, anchoring it in the verse Exodus 12:18, "בערב תאכלו מצות" (In the evening you shall eat matzot). The grammatical shift from the specific Paschal offering to the general matzah commandment underscores the autonomy of the latter.

Readings

1. Nachal Eitan on Rambam

The Nachal Eitan (and the Maggid Mishneh) anchors the Rambam’s view that the mitzvah is valid all night in the principle that any mitzvah whose primary time is at night remains valid throughout the night, following the opinion of Rabbi Akiva in Pesachim 106a. He notes the friction with the opinion of Rabbi Elazar ben Azariah, who limits the eating to chatzot (midnight). The Nachal Eitan defends the Rambam’s rejection of the midnight limit by noting that the rule "the law follows Rabbi Akiva over his colleague" (in this case, Rabbi Elazar ben Azariah) is a standard halachic heuristic that overrides the "anonymous" (stam) Mishnah in Pesachim 119b.

2. Ohr Sameach on Rambam

The Ohr Sameach offers a profound meta-analysis regarding the mitzvah status. He reconciles the conflicting views by suggesting that even if a dispute exists regarding the Torah-level obligation after midnight, one should act stringently because it is a "doubt in a law" (sefika de-dina). He argues that because the mitzvah of eating matzah is incumbent upon the person (chovah al hagavra), it cannot be dismissed lightly. He further explores the concept of notar (leftover sacrificial meat) and why the Rabbis might have instituted midnight as a barrier (siyag) for other sacrifices but not necessarily for the matzah itself, had the Torah not explicitly linked it to the Paschal timeline.

Friction

• The Kushya: The Lechem Mishneh challenges the Rambam’s reliance on the verse Exodus 12:18 ("In the evening you shall eat matzot") to prove that the mitzvah is de-oraita today. The Talmud in Pesachim 28b suggests that for Rabbi Yehuda, the obligation to eat matzah today is derived from a hekesh (analogy) between matzah and chametz ("Do not eat leavened... eat matzot"), not from the verse in Exodus. If the Rambam rules like Rabbi Yehuda regarding chametz, why does he cite the verse in Exodus for the matzah obligation?
• The Terutz: The Sha'ar HaMelekh resolves this by suggesting that the Rambam does not intend to provide the only source for the obligation, but rather to establish that the mitzvah of matzah is a standalone commandment. Even if the hekesh is required to link matzah to chametz for the post-Temple period, the verse in Exodus establishes the primary, independent character of the mitzvah. The Rambam simply chooses the most direct source to affirm the positive nature of the act, regardless of the secondary legal mechanics required to extend it beyond the Temple era.

Intertext

• Parallel: The discussion of matzah "watched" for the sake of the mitzvah (Mishneh Torah, 6:11) finds a parallel in the laws of Challah and Terumah in Numbers 15:20. The requirement for intent (kavanah) is absolute; just as a sacrifice requires "watching," the matzah must be elevated from common food to a ritual object through the baker’s consciousness.
• SA/Responsa: The Shulchan Aruch (Orach Chayim 475:4) adopts the Rambam’s position regarding the forced eater, ruling that even one who eats under duress fulfills the mitzvah because the physical benefit (hana'ah) occurs. This echoes the Talmudic logic in Keritot 19b, where physical pleasure creates a legal "act" even absent conscious intent.

Psak/Practice

In current practice, we follow the Rambam’s psak that eating matzah is de-oraita. The prohibition against eating matzah on the 14th of Nisan (Erev Pesach) is strictly observed to ensure that the mitzvah of the first night is performed with a healthy appetite. As we move into the month of Av, we are reminded that our mitzvot are resilient; even in the absence of the Temple, the matzah remains a "positive commandment of the Torah" that follows us into every exile.

Takeaway

The obligation to eat matzah is an independent, non-sacrificial mitzvah that transcends the geography of the Temple. It is a mandatory, conscious act of renewal that the Torah demands of us regardless of our external circumstances.