When do the Rabbis suspend a Torah law?

[rhu]

(I'm about two weeks behind on Daf Yomi, so this is inspired by Pesachim 66.)

The Talmud questions whether one may bring the korban Pesach (the Paschal lamb sacrifice) when erev Pesach falls on Shabbat. The conclusion is yes, because the Torah specifically says to bring this sacrifice on this day, even though there's a concern that someone may carry his korban meat home outside the eruv to eat it that night at his seder.

Yet the Torah also specifically says to blow shofar on Rosh ha-Shanah, and the rabbis added a "fence law" to prohibit that when Rosh ha-Shanah falls on Shabbat. Same for waving the arba minim on Sukkot. (Those rabbinic prohibitions didn't apply in the Temple because there were enough knowledgeable people there that inadvertent Shabbat violations wouldn't happen.)

You could argue that there is no difference, that the rabbis only prohibited shofar and lulav outside the Temple, and the korban Pesach by definition is always prohibited outside the Temple. But the reason that the Talmud gives differs in these two cases: the permissibility of the korban is based on "We can't prohibit what the Torah mandates" and the prohibition/permissibility of the others is based on "We can prohibit what the Torah mandates, and we will for shofar and lulav, but in one particular sub-case we don't find it necessary."

Comments

[sethg]

If I remember correctly, failure to observe a positive commandment is by default not punished by anything, but failure to observe the positive commandment of korban Pesach is an issur karet. Can this fact be applied to the Talmud's explanation?

[530nm330hz.livejournal.com]

Ah! An excellent insight! Because in that same daf, Hillel proved by a kal vachomer that the korban Pesach is brought on Shabbat: if the korban tamid (whose omission is not punishable) must be brought on Shabbat, then the k.P. (whose omission is punishable by karet) must be. When Hillel said that, the Nasi immediately resigned and appointed Hillel the new Nasi.

I didn't make the jump to the answer to my question, but I think you're exactly right.

Yasher koach!

[sethg]

Barukh ti'hiyeh.

Let me state for the record that I do not wish to be appointed Nasi. Of anything. :-)

[angwantibo.livejournal.com]

Could there also be a difference in that the korban pesach can only be brought on 1 day in Yerushalayim while the shofar is blown on 2 days even in Yerushalayim and the arba minim waved for 7 days in Yerushalayim? Meaning, you still have ample opportunities to fulfill the latter mitzvot, but only one opportunity for the korban pesach?