POINT BY POINT SUMMARY
by Rabbi Ephraim Becker Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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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.
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1) COMPARING OUR MISHNAH WITH THE MISHNAH OF FOUR-FIVE KUPOS
(a) Question: Would Shmuel's limitation (allowing moving
even four or five boxes on Shabbos only when that does
not completely clear the storehouse, lest he come to
smooth the newly uncovered earth) apply to our Mishnah?
1. On the one hand, perhaps Shabbos is more stringent
than YomTov.
2. On the other, perhaps monetary loss is even more
cause for leniency than Bitul Beis Medrash.
(b) Question: Would R. Nachman's restriction in our Mishnah
(prohibiting moving from one roof to another, even on
the same level) apply to the Mishnah in Shabbos?
1. On the one hand, we need not protect Shabbos from
disrespect to the same extent as Yomtov.
2. On the other, it should certainly apply where
there is no loss involved.
(c) Question: Would the Chumra in our Mishnah of not
lowering the fruit by means of a rope or using a ladder
apply to the Mishnah in Shabbos?
1. On the one hand, perhaps it would be permitted if
there were Bitul Beis Medrash.
2. On the other, perhaps an instance where there is
no monetary loss would be even more stringent.
(d) Answer (to all of the above): Teiku
2) MOVING AN ARTICLE FOR THE SAKE OF A MUKTZEH ARTICLE
(a) (Ula) The permission to cover fruit in our Mishnah
extends even to a pile of bricks.
(b) (R. Yitzhok) The permission only applies to fruit which
may be moved on YomTov, but one may not move a vessel
to cover something which may itself, not be moved.
(c) Question (on Ula): Our Mishnah says fruit implying but
not a row of bricks!?
(d) Answer: The Tana mentions fruit because of the Reisha.
(e) Question (again on Ula): Were it true that bricks could
be covered, then the Tana who listed wine barrels
taught less than his intended Chidush!?
(f) Answer: Kadei Yayin and Kadei Shemen add the case of
covering Tevel, which is forbidden and therefore the
same as a row of bricks.
1. The Tana might include them anyway, even if they
are not Tevel.
2. Barrels would come to permit covering even where
the loss is relatively small.
(g) Questions (on R. Yitzhok): The Mishnah permits placing
a vessel underneath a leak!?
(h) Answer: This speaks of a leak which is fit for an
animal.
(i) Question: The Beraisa permits placing a mat on top of
bricks!?
(j) Answer: This speaks of bricks which remain after the
building has been completed, (fit for seating).
(k) Question: The Beraisa permits placing a mat on top of
stones (that are designated for building purposes)!?
(l) Answer: This speaks of stones that have been sharpened,
and are fit for use in a bathroom.
(m) Question: But the Beraisa permits placing a rain-cover
on a beehive (provided that he does not intend to
thereby trap the bees)!?
(n) Answer: This speaks where there is honey in the hive.
(o) Question: What about in the rainy season when there is
no honey (and yet the Beraisa permits protecting the
hive from both sun and rain)!?
(p) Answer: He always leaves two loaves inside the hive as
food for the bees for the duration of winter.
1. Question: Then the Beraisa should not permit
covering them with a mat!?
2. Answer: It speaks of a case where the owner had in
mind to take them for himself.
3. Question: Then what would be the Halachah had he
not designated the loaves to be taken?
4. Answer: It would be Asur to move the mat.
5. Question: Then the Beraisa should have made that
distinction within its permission to cover the
hive with a mat!?
6. Answer: The Beraisa is *prohibiting* all cases
except when he does not intend to trap.
3) THE ABOVE DISCUSSION IN LIGHT OF R. YEHUDAH AND R. SHIMON
(a) Question: We are forced into an inconsistency whereby
the Reisha of the honeycomb Beraisa is R. Yehudah (who
considers the Muktzeh issue) while the Seifa is R.
Shimon (who permits the unintended outcome [trapping]
of a permitted act [protecting the honey loaves])!?
(b) Answer: The Beraisa is the view of R. Yehudah, and the
case is where the hive has a window (preventing the
bees from being trapped) and thus should the Beraisa be
read.
36b---------------------------------------36b
(c) Question: But that prohibition is obvious!?
(d) Answer: We might have permitted trapping creatures
which one does not, as a rule, tend to trap.
4) R. ASHI RESPONDS TO QUESTION 2.(o) ABOVE
(a) Answer (R. Ashi): The language of the Beraisa may be
understood to refer not to the seasons of rain and sun,
but to times of rain and sun!
(b) At both times (sun-Tishrei and rain-Nisan) there is
also honey in the hive.
5) GERAF SHEL RE'I
(a) It is permitted to (even repeatedly) empty and replace
the bucket.
(b) Rabah instructed Abaye to bring his bed into his
disintegrating mill, thus permitting its removal as a
Geraf Shel Re'i.
(c) Question (Abaye): But one may not intentionally create
a Geraf Shel Re'i!?
(d) Abaye's mill caved in and he declared that it served
him right for contravening his Rebbe's orders.
(e) (Shmuel) One may take out a Geraf Shel Re'i as well as
returning the empty pans with water in them.
(f) His students assumed that the pans could be moved, but
the Re'i could not be moved directly.
(g) The Beraisa wherein R. Ashi permitted carrying the
mouse disproves this understanding.
6) MISHNAH: SHABBOS VERSUS YOMTOV
(a) All categories of prohibitions (Shevus, Reshus and
Mitzvah, each as enumerated) apply to YomTov and all
the moreso to Shabbos.
(b) Only Ochel Nefesh distinguishes YomTov from Shabbos.
7) RATIONALE FOR THE PROHIBITIONS
(a) Climbing a tree on Shabbos or Yom-Tov may lead one to
break off branches.
(b) Question: Shall we infer from the riding prohibition
that Techumim are d'Oreisa?
(c) Answer: Not necessarily, riding might lead one to break
off a twig from a tree to use as a whip.
(d) Swimming may lead one to fashion a swimmer's barrel.
(e) Hand-clapping and dancing may lead one to fashion a
musical instrument.
(f) Question: Why is judging not a permitted Mitzvah!?
(g) Answer: We are speaking when there is a greater expert
than oneself.
(h) Question: Betrothal should be considered a Mitzvah!
(i) Answer: We are speaking where one is already married
and has children.
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