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Beitzah 10
BEITZAH 6-10 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim, for the benefit of Klal Yisrael
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1) [line 5] ELI - a pestle
2) [line 5] L'KATZEV ALAV BASAR - on which to carve meat
3) [line 14] DORSAN - a place where many people walk, onto which hides are
placed in order to soften them before beginning the tanning process
4) [line 19] D'CHAZI L'MIZGA ILAVEI - it is fit to lay upon
5) [line 20] TARISIN - shutters of booths that are removed and are used as a
table on which to display merchandise
6) [line 25] EIN BINYAN B'CHELIM V'EIN SETIRAH B'CHELIM (The Melachos of
"Building" and "Destroying" do not apply to utensils)
(a) Binyan (building) and Setirah (destroying) are two of the 39 Avos
Melachos that are prohibited on Shabbos (Mishnah Shabbos 73a).
(b) Beis Shamai and Beis Hillel argue as to whether the prohibition of
Binyan and Setirah apply only to objects that are attached to the ground or
to movable utensils, also. According to Beis Hillel, Binyan and Setirah do
not apply to utensils; they only apply to objects that are connected to the
ground (Beitzah 21b).
(c) The Risonim argue over the meaning of Beis Hillel's phrase, "Ein Binyan
b'Cheilim." According to Rashi, even a person who makes an *entire* utensil
from scratch will not be Chayav for Binyan. (RASHI Shabbos 47a DH Chayav and
74b DH Chayav). According to TOSFOS, however, a person who makes an entire
utensil or destroys it *is* Chayav for Binyan or Setirah. Ein Binyan
b'Cheilim means that it is not prohibited to connect or disconnect parts of
a utensil to make one large utensil or to dismantle it (TOSFOS Shabbos 74b
DH Chavita, 102b DH Hai).
7) [line 27] BEREICHAH RISHONAH - the first pair of pigeons that were born
this season (O.F. covede - brood)
8) [line 28] ASI L'AMLUCHEI - he might change his mind (and not use them
after he takes them)
9) [line 30] MI'KAN ANI NOTEL L'MACHAR - I will take [birds] from this
compartment of the dove-cote tomorrow (without specifying which birds)
10) [line 30] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah doesn't work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
on Bereirah.
11) [line 31] KULAN TEME'IM (SOF TUM'AH LATZES)
(a) If a Mes (corpse) is in a house and its door is closed, not only is the
Mes Metamei all that is in the house with Tum'as Ohel, but it is also
Metamei articles lying outside the closed door, in the doorway (i.e., under
the lintel). The reason for this Tum'ah is that the Mes will eventually be
removed from the house through that doorway, therefore the doorway is
considered already Tamei (mid'Rabbanan [RASHI here], or through a Halachah
l'Moshe mi'Sinai [RASHI Beitzah 37b]). If the house has a number of doorways
and windows that are larger than 4x4 Tefachim, all objects that are in all
the doorways or windows on the other side of the closed doors or windows are
Tamei, since we do not know through which one the Mes will be removed.
If a *k'Zayis* of a Mes is in a house that has a number of doorways and
windows that are all closed, even objects on the other side of windows that
are less than 4x4 Tefachim are Tamei.
(b) If the owner of the house chooses to remove the Mes through a particular
doorway or window, all the objects that are on the other side of all the
other closed windows or doors are Tehorim. If an entire corpse (or a piece
of a corpse that was larger than a k'Zayis) was in the house, the owner must
have in mind to remove the Mes through a doorway or window that is at least
4x4 Tefachim in order for all the objects that are on the other side of all
the other closed exits to be Tahor.
If a k'Zayis of a Mes was in the house, even if the owner has in mind to
remove it through one of the windows that is only 1x1 Tefach, all the
objects that are on the other side of all the other closed exits are
Tehorim.
12) [line 37] METALTEL V'SHAVIK, METALTEL V'SHAVIK - he might take and set
down bird after bird, finding each successive one unsatisfactory. The only
bird that will be considered Muchan is the one he ultimately settles upon,
and all the others that he picked up will be retroactively determined to be
Muktzah
10b---------------------------------------10b
14) [line 1] ZIMNIN D'MISHTAKCHEI SHEMENIM KECHUSHIM - lest he find that
those birds that he thought were plump were actually scrawny
15) [line 8] B'SOCH HA'KAN - [he designated birds that were] inside a
compartment of the dove-cote
16) [line 16] ROV V'KAROV HALECH ACHAR HA'ROV
(a) When there is a doubt as to the source of a certain item, i.e. from
where it comes or to which group it belongs, the Torah informs us that we
may resolve the doubt according to certain set rules. Among these rules are
"Haloch Achar ha'Rov" (assume that an item comes from the largest group) and
"Haloch Achar ha'Karov" (assume that an item comes from the nearest group).
For example, a bird is found on Yom Tov, and we are in doubt as to whether
it is Muchan, i.e. the owner planne to eat it on Yom Tov (and it is not
Muktzah), or a different bird (which is Muktzah). If the majority of the
birds at hand are Muchanos, we consider this bird Muchan, also, and it may
be slaughtered. Similarly, if it is found closer to the Muchanos, it is
likewise deemed Muchan.
(b) The source for Haloch Achar ha'Rov is the verse, "Acharei Rabim l'Hatos"
(Shemos 23:2, Chulin 11a). Haloch Achar ha'Karov is learned from Parshas
Eglah Arufah (Devarim 21:1-9, see Background to Yoma 60:4). The Torah states
that the city that is *closest* to the dead body is the one that must bring
an Eglah Arufah, since the murderer probably came from that city.
(c) When these two rules lead to differing conclusions, the Amora'im
contemplate whether we follow the Rov or the Karov (Bava Basra 23b). Their
conclusion is that the Rov outweighs the Karov, and we follow that
conclusion.
17) [line 17] B'DAF - on the ledge [in front of the openings of the
compartments of the dove-cote]. The birds that we suspect may have come from
the Rov (those birds that have not been designated, i.e. that are not
Muchanim) are also Kerovim, and therefore there is no proof for Rebbi
Chanina's Halachah from our Mishnah
18) [line 23] MA'ASER SHENI (MA'OS MA'ASER SHENI)
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah from the crop and give it to a Kohen. Although the
Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop. After Terumah is removed from
the produce, one tenth of the produce that remains must be designated
"Ma'aser Rishon," and given to a Levi.
(b) A second tithe is separated from the remaining produce every year after
Ma'aser Rishon has been separated. The tithe that is separated in the third
and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is
given to the poor. The tithe that is separated during the first, second,
fourth and fifth years is called *Ma'aser Sheni*.
(c) The Torah requires that Ma'aser Sheni be brought and eaten by its owner
in Yerushalayim. Alternatively, Ma'aser Sheni produce may be redeemed, in
which case the money used to redeem it retains Kedushas Ma'aser Sheni and is
brought to Yerushalayim. If the owner himself redeems the produce, he must
add an additional fifth of its value (that is, a fifth of the ensuing total,
or a *quarter* of the original value). In Yerushalayim, the money is used to
purchase food items. The food that is bought with this money in Yerushalayim
becomes Kodesh with Kedushas Ma'aser Sheni and must be eaten b'Taharah.
19) [line 26] ASUYIN L'DADOS - they are prone to wander off their nests
21) [last line] MENATCHEI AHADADEI - they peck at each other, loosening the
ties that bind them
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