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1) KISUI HA'DAM ON YOM TOV OF A BIRD SLAUGHTERED BEFORE YOM TOV

(a) (Rabah) Doing Kisui ha'Dam on YomTov for a bird slaughtered on Erev YomTov is not permitted.
(b) However, separating Chalah on YomTov from dough kneaded on Erev YomTov is permitted.
(c) (Avuha d'Shmuel) Separating Chalah on YomTov, even, from dough kneaded on Erev YomTov, is not permitted.
(d) Question: Does Shmuel argue with his father (Avuha d'Shmuel)?

1. Shmuel maintains that separating Chalah is not a Tikun for the food and is thus not included in the prohibition against separating Terumos and Ma'aseros on Shabbos and YomTov.
2. This is because he permits eating bread (in Chutz la'Aretz) and then separating Terumah afterwards.

(e) Answer: No, Shmuel agrees that if one declared part of the bread as Chalah before eating it, it is considered Chalah and may not be eaten by non-Kohanim.

1. It is therefore included in the prohibition.
2. He agrees with his father that Chalah may not be separated on Yom Tov.

(a) (Beis Shamai) The ladder of a bird coop may not be brought from one coop to another (but it may be leaned from one window to another in the same coop).
(b) (Beis Hillel) The ladder may even be moved from one coop to another.

(a) (R. Chanan b. Ami) The argument applies only in Reshus ha'Rabim.

1. (Beis Shamai) One who sees him moving his bird coop ladder with suspect him of tarring his roof.
2. (Beis Hillel) The ladder's specific appearance as that of a bird coop ladder reveals his true purpose.

(b) In Reshus ha'Yachid, however, everyone agrees that it is permitted.
(c) Question: But anything which the Chachamim prohibited because of "Mar'is ha'Ayin" is prohibited even in the innermost rooms (R. Yehudah citing Rav)!?
(d) Answer: That principle is the subject of a Machlokes Tana'im.

1. (Tana Kama) One may spread wet clothes in the sun to dry on Shabbos, but not where people will see.
2. (R. Elazar & R. Shimon) It is prohibited (even where people will not see).

(a) (R. Chanan b. Ami) The argument applies only in Reshus ha'Yachid.

1. (Beis Shamai) It is prohibited, because of the principle (of R. Yehudah citing Rav) that prohibitions of "Mar'is ha'Ayin" apply even in the innermost rooms.
2. (Beis Hillel) It is permitted (because Beis Hillel does not hold of the principle of "Mar'is ha'Ayin" in the innermost rooms).

(b) In Reshus ha'Rabim, however, everyone agrees that it is prohibited (because of "Mar'is ha'Ayin").
(c) Question: [According to the way R. Chanan b. Ami explains the Mishnah,] is that to say that R. Yehudah in the name of Rav is only in accordance with Beis Shamai?
(d) Answer: [How to explain the Mishnah] is the subject of a Machlokes Tana'im.

1. (Tana Kama) One may spread wet clothes in the sun to dry on Shabbos, just not where people will see.
2. (R. Elazar & R. Shimon) It is prohibited (even where people will not see).
3. R. Chanan b. Ami understands the Mishnah like the Tana Kama, who does not apply prohibitions of "Mar'is ha'Ayin" to the innermost rooms, and thus explains that Beis Hillel prohibits moving a ladder in Reshus ha'Rabim, but permits it in Reshus ha'Yachid.
4. R. Yehudah in the name of Rav understands the Mishnah like R. Elazar & R. Shimon, who hold of the principle of "Mar'is ha'Ayin" in the innermost rooms, and thus explain that Beis Hillel permits moving a ladder in Reshus ha'Rabim and therefore permits as well in Reshus ha'Yachid.

5) A BERAISA DIFFERS WITH THE MISHNAH'S VERSION OF THE MACHLOKES

(a) (Beraisa) Beis Shamai and Beis Hillel agree that the ladder of a bird coop may not be brought from one coop to another.
(b) They only argue concerning returning the ladder to its place (Beis Shamai holds it may not, and Beis Hillel holds it may be returned).
(c) (R. Yehudah) This applies to a ladder of a bird coop, but all agree that a ladder of an upper story is prohibited.
(d) (R. Dosa) It may be leaned from one window to another in the same coop.
(e) (Acherim citing R. Dosa) It may even be dragged (if leaning does not reach) from one window to another (but not lifted).

(a) Upon returning from checking their fields, the sons of R. Chiya informed their father that they had ruled in a case involving a ladder of an upper story, which they permitted to be brought to a bird coop on YomTov.
(b) R. Chiya told them that they were wrong and they must rescind their ruling.

1. His sons thought that since R. Yehudah in the Beraisa [states that everyone] prohibits moving a ladder of an upper story, that shows that the Tana Kama [holds that Beis Hillel] permits it.
2. They erred in that R. Yehudah in the Beraisa is *explaining* the opinion of the Tana Kama, not arguing with it.

i. This can be demonstrated from the additional phrase in the words of the Tana Kama, who state that a ladder may be brought "from a bird coop to a bird coop," and not simply that it may be brought "to a bird coop."
ii. This implies that only a ladder of a bird coop may be used, but not a ladder of an upper story.
iii. Question: What did the sons of R. Chiya think when they read those words?
iv. Answer: They explain those words to mean that it is permitted to bring a ladder (even one of an upper story) to several bird coops, and not just to one bird coop (and had the Tana Kama meant to limit the allowance to a ladder of a bird coop, he would have said "a ladder of a bird coop)."

(a) Upon returning from checking their fields, the sons of R. Chiya informed their father that they had ruled in a case involving a ladder of an upper story, which they permitted to be leaned from one window to another window of one bird coop on YomTov.
(b) R. Chiya told them that they were wrong and they must rescind their ruling.

1. His sons thought that R. Dosa in the Beraisa permits that which R. Yehudah prohibits (moving a ladder of an upper story from one window to another window of a bird coop -- R. Yehudah prohibits it completely, R. Dosa permits leaning it).
2. They erred in that R. Dosa in the Beraisa is prohibiting that which the Tana Kama permits (carrying a ladder of a bird coop to another coop -- Tana Kama permits carrying it, R. Dosa permits only leaning it).

(a) Question: Our Mishnah implies that Beis Shamai (who do not permit moving the ladder) are Machmir and Beis Hillel are Meikil regarding Simchas YomTov while the previous Mishnah (regarding Kisui HaDam) shows the opposite.
(b) Answer (R. Yochanan): The positions in our Mishnah must be reversed.
(c) Question: Other possibilities would make it unnecessary to reverse the positions!?

1. Perhaps Beis Shamai is consistent in their Chumrah and the leniency in the previous Mishnah is owing to his having prepared the Deker before YomTov!
2. Perhaps Beis Hillel is consistent and the leniency regarding the ladder is only due to the ladder being obviously for bird coops, not for roof work.

(d) Answer: The contradiction *could* be raised, however, from the later Mishnah in which Beis Shamai is Machmir (regarding the requirement to handle the birds in order to designate them for use on YomTov).
(e) Answer (R. Yochanan): Reverse the positions.
(f) Question: But there are other possibilities!?

1. Beis Shamai may be lenient by Kisui only because he has a Deker Na'utz.
2. Beis Hillel may be lenient to allow verbal designation of the birds only because the Isur is only Muktzeh, not Kesishah.