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Eruvin 38

1) YOM TOV THAT FOLLOWS SHABBOS

QUESTION: The Gemara discusses whether Shabbos and Yom Tov that occur consecutively are considered to be two separate Kedushos, or whether they are considered to be one prolonged Kedushah. Rebbi Eliezer maintains that they are two separate Kedushos, and the Chachamim maintain that the two days are all one Kedushah. The Halachah follows the opinion of Rebbi Eliezer.

According to the Chachamim, who maintain that they are one Kedushah, what is the Halachah when Yom Tov follows Shabbos? Will a person be permitted to slaughter an animal on that Yom Tov? Normally, a person is allowed to slaughter an animal on Yom Tov because it is a Melachah which is done for the sake of food preparation (Ochel Nefesh). However, when Yom Tov follows Shabbos, on Shabbos the animal is Muktzah because it is forbidden to slaughter on Shabbos. If Shabbos and the Yom Tov that immediately follows it are considered one Kedushah, what is the status of animals on that Yom Tov? Is the animal Muktzah on Yom Tov, since at the beginning of Shabbos the animal was Muktzah and it remains Muktzah throughout the duration of the prolonged single Kedushah?

ANSWERS:

(a) The RAN (Beitzah 2a) says that according to the Chachamim, animals *will* be Muktzah on Yom Tov that immediately follows Shabbos. On that Yom Tov it will be forbidden to slaughter animals.

(b) The RAMBAN (Milchamos, Beitzah 31b) says that even the Chachamim agree that one *may* slaughter an animal on Yom Tov that immediately follows Shabbos. His reasoning is as folows:

The only reason that animals are Muktzah on Shabbos is because they cannot be slaughtered and turned into edible products. This type of Muktzah is called "Muktzah Machmas Isur;" a prohibition prevents the object from being used on Shabbos (in this case, it is the prohibition of Shechitah which prevents the animal from being used on Shabbos). In such a case, the object itself does not really become Muktzah. Rather, it is the Isur which prevents the object from being used. As soon as the Isur is removed, that object becomes permitted, even on the same Shabbos. Therefore, on Yom Tov that occurs after Shabbos, when Shabbos is over and there is no longer an Isur of Shechitah, since the Isur falls away the animal becomes permitted.

(We do find that oil that drips from a candle on Shabbos is Muktzah even after the candle is extinguished. Even though it was only Muktzah Machmas Isur, i.e. the prohibition of extinguishing made it forbidden to be handled at the beginning of Shabbos, nevertheless it remains Muktzah all Shabbos long. The Ramban will apparently explain that in such a case the oil is forbidden not only because of the prohibition of extinguishing, but because the person specifically decided not to use it. That is, by lighting the candle, he has shown that he does *not* intend to use the oil at all. Since he has "pushed it out of his mind," even if it drips out before he expected it burns he may not use it.)

(c) The OHR SAME'ACH (Hilchos Yom Tov 1:19) suggests that even if Shabbos and Yom Tov are one Kedushah, that applies only to laws that are relevant on both Shabbos and Yom Tov (such as Eruvei Techumin which is common to both Shabbos and Yom Tov). With regard to laws that are relevant only on Shabbos, though, such as Muktzah stemming from slaughtering an animal, since the prohibition of Shechitah applies only on Shabbos, Shabbos and Yom Tov are *not* one Kedushah. With regard to such a law, Shabbos and Yom Tov are certainly two separate Kedushos.

38b

QUESTION: Rabah says that the beginning of the day (Shabbos) is when the Eruv takes effect ("Techilas ha'Yom Koneh Eruv"), but the Eruv must nevertheless be *edible* at the last moment of the preceding day ("Ra'uy le'Echol Mib'od Yom"). Abaye argues and says that the end of the day (Friday) is when the Eruv takes effect ("Sof ha'Yom Koneh Eruv"), and it does not need to be edible during the day.

Abaye challenges Rabah's ruling that the Eruv must be fit to be eaten during the preceding day. The Mishnah says that according to Rebbi Eliezer, on the first day of Yom Tov one may make an Eruv to the east (that is, 2000 Amos to the east), and on the next day, which is Shabbos, one may make an Eruv to the west (2000 Amos to the west). If the Eruv must be fit to be eaten during the day, why will such an Eruv be valid? During the day (the last few moments of Yom Tov), the new Eruv is 4000 Amos away from where one's present Makom Shevisah is, and one could not possible reach it during the day since it is forbidden to walk more than 2000 Amos!

Why is Abaye asking this question to Rabah? The same question could be asked on Abaye himself! Abaye, who maintains that the Eruv takes effect at the end of the day, certainly agrees that the Eruv must be accessible before the Shabbos starts, since that is the time that it becomes effective. Since the Eruv is 4000 Amos away from his present Makom Shevisah at the time that it becomes effective, it should not work! (As the Mishnah (35a) states clearly, one's Eruv must be within his Techum.) Even according to Abaye, how can Rebbi Eliezer say that such an Eruv is valid? (TOSFOS DH v'Ha Ba'inan. Tosfos does not suggest any answers to this question.)

ANSWERS:

(a) The RITVA suggests that since Abaye is lenient and does not require the Eruv to be fit to be eaten during the day, so, too, he applies another leniency and says that the Eruv must only be within 2000 Amos of *one's city*, and it does not have to be within 2000 Amos of one's present Makom Shevisah. If -- after the Eruv takes effect -- one will still be standing within 2000 Amos of that Eruv, that suffices and the Eruv is valid. However, Rabah -- who says that the Eruv must be fit to be eaten even before Shabbos starts -- is also stringent that it is not sufficient that he be within 2000 Amos after the Eruv takes effect. The Eruv must be within 2000 Amos of his Makom Shevisah before Shabbos starts, and not just within 2000 Amos of the place that he will be standing when the Eruv takes effect.

(b) TOSFOS RABEINU PERETZ suggests that if the Eruv takes effect at the end of the day (before Shabbos or Yom Tov), then the Eruv is also *operative* only *until* the end of the day. That is, at the end of the first day of Yom Tov, two things happen: the first Eruv becomes inoperative, and the new Eruv takes effect. As a result, his Makom Shevisah transfers to the location of the new Eruv even *before* the next day starts. The new place is not considered to be outside of his old Makom Shevisah, because he already lost that Makom Shevisah.

According to Rabah, though, who says that the Eruv takes effect at the beginning of the day, the Makom Shevisah created by the Eruv remains until the very *end* of the first day. His Eruv is not within his Makom Shevisah before the second day starts. Since it must be fit to be eaten before the day starts, it must also be in his Makom Shevisah during that day as well. (The GA'ON YAKOV gives this answer as well.)