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Beitzah 36

BEITZAH 36-40 (Siyum!) - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael.

1) [line 1] OTZAR - storehouse
2) [line 3] ASI L'ASHVUYEI GUMOS - he might level the floor by filling in its holes, thus violating the prohibition of building (Boneh) on Shabbos

3) [line 14] YESHALSHELEM - lower them
4) [line 15] SULAMOS - staircases
5) [line 18] AVIRA D'LIVNEI - bricks that are laid one on top of another and are set aside for use as building material

6) [line 26] MACHATZELES - a mat
7) [line 26] LEVENIM - bricks
8) [line 27] D'AYATUR MI'BINYANA - that were left over from a building
9) [line 27] D'CHAZI - that are fit
10) [line 27] L'MIZGA ALAIHU - upon which to recline (Rashi Shabbos 43a)
11) [line 28] AVANIM MEKURZALOS - (a) stones that are pointed at one end (O.F. agudes - sharp) (RASHI Shabbos 43a); (b) prepared stones with no jagged points; (c) soft stones (ARUCH)

12) [line 29] KAVERES DEVORIM - a beehive
13) [line 32] SHTEI CHALOS - two honeycombs that are always left in the hive for the bees' sustenance during the winter

14) [line 33] OSAN SHTEI CHALOS MUKTZOS HEN!? - but those two honeycombs have been set aside for the bees (which makes them forbidden to be moved on Shabbos)!?

15) [line 35] LI'FLOG V'LISNEI B'DIDAH - let him (the Tana) make the differentiation in that case itself

16) [line 37] DAVAR SHE'EIN MISKAVEN, MUTAR
(a) An act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed, it is called a Davar she'Eino Miskavein. The example brought in our Gemara is spreading out a mat over a beehive, where bees may possibly be trapped. (Tzeidah, or trapping, is one of the Avos Melachos.) Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted.
(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that bees will be trapped (i.e., that a Melachah will be done). If it is inevitable for bees to be trapped, the act is prohibited even according to Rebbi Shimon -- even though the person spreading the mat is not the least bit interested in trapping bees. Such a situation, in which a Melachah will inevitably be accomplished, is referred to as "Pesik Reisha v'Lo Yamus." (c) A person must have specific *intent* to do a Melachah on Shabbos in order to be liable for punishment or to be required to bring a Korban.
Therefore, if a person spreads out a mat over the beehive and bees *were* trapped, even Rebbi Yehudah will agree that the person is not obligated to bring a Korban, since the trapping was done accidentally. Rebbi Yehudah and Rebbi Shimon argue only as to whether it is permitted *in the first place* to perform an action that may result in a Melachah. (See Insights to Shabbos 41:2)

17) [line 39] PESIK REISHEI V'LO YAMUS
An act which will certainly result in a forbidden Melachah being unintentionally performed on Shabbos or Yom Tov is called a Pesik Reishei v'Lo Yamus (Literally, "[can one] cut off the head [of an animal] and it will not die?!").
(a) A Pesik Reshei is a type of Davar she'Eino Miskaven. Davar she'Eino Miskavein is an act which is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. However, when a Melachah will definitely occur as a result of one's action, this is a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.)
(b) If the Melachah which inevitably occurs as a result of one's action is *not desirable*, he will not be Chayav according to Rebbi Shimon, because it is no worse than a Melachah she'Einah Tzerichah l'Gufah (Shabbos 103a, Tosfos). According to others, when the inevitable result of one's action is not desirable, it is even permissible to perform such an act *l'Chatchilah* according to Rebbi Shimon, and it is like any other Davar she'Eino Miskaven (Aruch, cited in Tosfos Shabbos 103a; see Insights to Shabbos 110:1). If the person is pleased with the Melachah that results inevitably from his action, then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah alike) agrees that one is Chayav and he must bring a Korban Chatas for atonement (as stated earlier (a)).

18) [last line] KAVEI - openings through which the bees can go in and out

36b---------------------------------------36b

19) [line 1] SHE'LO YA'ASENAH KI'METZUDAH - he should not cover it in a way that it is like a trap (he should leave them a way to get out)

20) [line 2] B'MINO NITZOD - an animal that people normally trap
21) [line 9] BEI REICHAYA D'ABAYE DALUF - Abaye's mill-room sprang a leak [and the rainwater was dripping on his millstone]

22) [line 10] AILEI L'PURYECH - put your bed inside it

23) [line 11] GERAF SHEL RE'I (a pan of refuse)
(a) The Rabanan enacted a prohibition of Muktzah against handling certain types of objects on Shabbos (the extent of this prohibition is the subject of an argument between Rebbi Yehudah and Rebbi Shimon; see Shabbos 45a and other places, and Background to Shabbos 44:3 and 44:5a-b).
(b) However, when an item of Muktzah that is disgusting is resting in a place where people would like to sit and they find it very unpleasant to sit near such a disgusting item, the Rabanan permitted the item to be removed, due to the honor of Shabbos which the item would otherwise be diminishing. For example, a pan of human or animal refuse, or a dead mouse, even though it is Muktzah, may be removed.
(c) It is not permitted to place a disgusting item in a place where people will want to sit, with the intention to move it later when people sit there and are disgusted by it. For example, while eating dates, one may not pile up the date pits in one place at the table in order to permit moving the pits when the pile becomes disgusting to those who want to sit there. (See Insights to Beitzah 36:1 for explanations of how Rabah was able to instruct Abaye to place his bed into the mill-room in order to be able to move the millstone afterwards.)

24) [line 13] TEISI LI D'AVRI AD'MAR - I deserve to have had this happen to me because I did not follow the teaching of the master (Rabah)

25) [line 15] AVIT SHEL MEI RAGLAYIM - a clay vessel for the collection of urine
26) [line 19] BEI ISPARMEKEI - in his spice-box, scent-box
27) [line 20] TZUTZISAH - its tail

28) [line 21] SHEVUS
Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah states "uva'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh day") (Shemos 23:12). The Rabanan learn that this applies even to things that are not Melachos, and as a result they prohibited actions that were permitted mid'Oraisa (see Shabbos 114b).

29) [line 24] SHATIN - float, swim

30a) [line 24] LO METAPCHIN - it is forbidden (a) to clap (in conjunction with song and merriment or as a sign of mourning) (RASHI Beitzah 30a, RAMBAM, ROSH); (b) to beat the heart (which was done publicly as a sign of mourning) (RASHI Shabbos 148b)
b) [line 25] LO MESAPKIN - it is forbidden (a) to clap one's hand onto one's thigh (in conjunction with song and merriment or as a sign of mourning) (RASHI Beitzah 30a); (b) to clap (which was done publicly as a sign of mourning) (RASHI Shabbos 148b); (c) to clap in anger (ROSH); (d) to beat on a percussion instrument (RAMBAM)
c) [line 25] LO MERAKDIN - it is forbidden to dance

31) [line 26] LO CHOLTZIN/LO MEYABMIN (YIBUM V'CHALITZAH)
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.

32) [line 28] LO MA'ARICHIN (ERCHIN)
Erech (= endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alay" ("I accept upon myself to give the endowment value of so-and-so to Hekdesh"), he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8. It makes no difference at all whether the person is healthy or sick, strong or weak.

THE "ERECH" THAT THE TORAH SPECIFIES IN VAYIKRA 27
AGE MALE FEMALE
1 Mo. - 5 Yrs. 5 Shekels 3 Shekels
5 - 20 Yrs. 20 Shekels 10 Shekels
20 - 60 Yrs. 50 Shekels 30 Shekels
Over 60 Yrs. 15 Shekels 10 Shekels

33) [line 28] LO MACHRIMIN (CHEREM)
There are two types of Charamim (a type of vow or pledge):

1. Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen;
2. Chermei Shamayim, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.
34) [line 36] CHAVIS SHEL SHAYATIN - (a) a barrel-shaped float made from woven bulrushes with which a person learns to swim (RASHI); (b) a hollow, sealed clay utensil that floats on the water (probably used as a life preserver) (TOSFOS)

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