Rabbi Aryeh Lebowitz
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The halach is they weren't allowed to be chameitz.
So what do you mean they weren't made l'shma?
Meaning, you don't need, if all Shmira is to make sure that they're not Chamaids, the Chalistad, Rikik and Nazar also couldn't be Chamaids.
So obviously, someone watched them to make sure they weren't Chamaids.
Alamai, you see, that's a riot to Rashi, that it's more than that.
That you need a Shmira, not just that it doesn't become Chamaids, but that you have to make sure...
that you imbue them with the sense of the Shema.
What are the nafqaminas between Rashi and the Rambam?
So the obvious nafqamina is, do you have to actually think that you're doing it with Shemetz's matzah, or can you just be careful that it doesn't become chamex?
That's the most obvious nafqamina, obviously.
But the Ha'aros Shevidei Esh, on the commentary of the Talmud Arashput, says that whether a non-Jew is allowed to bake the matzah while under a Jew's supervision may be enough to mean that.
A Jew will watch and make sure that the non-Jew is doing everything properly.
That's Shemira from Chivotz, making sure that there's no Chemetz.
But if the actual Maisa must be done Lishma, well the guy is the Lach Bar Lishma, he's unable to make sure that it's done Lishma.
So to be able to protect it from fermenting, that's good, but the Lishma element in Rashi's level of Shimur, you don't have it.
However, even that Naftamin is not so clear, because unlike other mitzvot, where the Asiya must be done Lishma, where the
Over here it seems that the shmira must be done l'shma.