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Beitzah 3

BEITZAH 2 and 3 - have been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her late husband, Yitzchok Yakov ben Eliyahu Grunberger. Mr Grunberger helped many people quietly in an unassuming manner and is sorely missed by all who knew him. Yahrzeit: 10 Sivan.

1) [line 3] MASHKIN SHE'ZAVU - juice that flowed from grapes and olives on Yom Tov
2) [line 18] IM L'OCHLIN - if [the fruits have been] designated as a food [to eat, not for their juice]

3) [line 22] KALKALAH - a basket
4) [line 25] MUCHLEFES HA'SHITAH - the opinions have been mistakenly interchanged; that is, in the Mishnah "Ein Sochatin..." *Rebbi Yehudah* rules that even if the fruits were designated as a food, the juice that flows out of them is prohibited


*5*) [line 1] RAVINA AMAR - Ravina is explaining Rebbi Yehudah's opinion. Ravina himself, however, does not necessarily rule that the reason that a Beitzah she'Noldah b'Yom Tov is prohibited according to Beis Hilel is because of Mashkin she'Zavu (RASHBA)

(a) Where there is a doubt (a 'Safek') as to whether an object or act is permitted or prohibited Halachah in a Torah matter, the Torah obligates us to take the more stringent opinion. The Rishonim bring various sources for this: 1. From the fact that the Torah obligates a person to bring a Korban Asham for a Safek Isur Kares, it is evident that to transgress l'Chatchilah is forbidden. 2. From the fact that the Torah needed to permit a Safek Mamzer to marry into the Jewish people (Kidushin 73a), it is evident that in other Sefeikos mid'Oraisa we rule stringently.
(b) With regard to a Safek Isur d'Rabanan, the Rabanan rule that one should be lenient. (Some opinions rule that this applies only b'Di'eved. However, l'Chatchilah, one should be stringent even with regard to a Safek d'Rabanan -- see Talmid ha'Ramban, Beitzah 4a.)

(a) When a forbidden object is mixed with a permitted object, the mixture may be prohibited to be eaten mid'Oraisa, prohibited to be eaten mid'Rabanan, or permitted to be eaten, as follows:

1. If most of the mixture is Isur, it is prohibited mid'Oraisa.
2. If most of the mixture is Heter, but the Isur is more than one sixtieth of the Heter, i.e. the Isur is "Nosen Ta'am" (lends taste) to the Heter, it is prohibited mid'Rabanan (since "Ta'am k'Ikar," the "taste" is like the essence is a Din d'Rabanan -- there are those who prohibit this mixture mid'Oraisa, when the two mixed substances are unidentical ("Min bishe'Eino Mino"), asserting that "Ta'am k'Ikar" is mid'Oraisa).
3. If the amount of Isur is less than one sixtieth of the Heter, and is not Nosen Ta'am to the Heter, the mixture is permitted.
(b) These rules apply to normal Isurim. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or even by sixty parts of Heter. One of these is Davar she'Yesh Lo Matirin, an object that will become permitted eventually, either by itself (such as an object that is Muktzah on Shabbos and Yom Tov and will become permitted when Shabbos or Yom Tov ends), or through its owner's actions (such as Tevel, for which one can separate Terumah to permit it to be eaten).
(c) The Rishonim offer various reasons to explain why the Rabanan were more stringent with a Davar she'Yesh Lo Matirin; see Insights to Beitzah 3a for a brief discussion of this.

When a forbidden object (Isur) is mixed with a permitted object (Heter), the mixture becomes prohibited if most of the mixture is Isur, but is permitted if most of the mixture is Heter because of "Bitul b'Rov." (Mid'Rabanan, sometimes the mixture is prohibited even if most of it is Heter.

(a) When a forbidden object is mixed with a permitted object, and most of the mixture is permitted, the entire mixture is permitted to be eaten mid'Oraisa, and in many circumstances is not even prohibited to be eaten mid'Rabanan (see above, 7:a for details)
(b) These rules apply to normal Isurim. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or even by sixty parts of Heter. One of these is Davar Chashuv, or an item that is of substantial value. The Tana'im (Orlah 3:6) argue over what is considered "substantial value" in this regard: Chachamim and Rebbi Akiva rule that only six or seven objects are singular enough to be given the status of Davar Chashuv, while Rebbi Meir gives this status to a much broader category of objects, objects that are sold by count (Davar shebe'Minyan).
(c) The Amora'im argue as to what Rebbi Meir means by "Davar shebe'Minyan." Reish Lakish says it refers to the rather broad category of all objects that *some people* sell by count, while Rebbi Yochanan limits it to objects that are *only* sold by count, and not by estimate.

10) [line 27] CHAVILEI TILTAN - bundles of fenugreek (O.F. fenogre)

11) [line 28] KIL'EI HA'KEREM
It is forbidden to plant different types of crops together as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19), and "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash').

12a) [line 33] EGOZEI PERECH - (a) nuts that grow in Perech (RASHI); (b) nuts with a thin, brittle shell (Nifrachin) (TOSFOS Yevamos 81b DH Perech)
b) [line 34] RIMONEI BADAN - pomegranates that grow in Badan, a place in Samaria known for its pomegranates

13) [line 34] CHAVIYOS SESUMOS - sealed barrels of wine and oil (RABBEINU CHANANEL)
14) [line 34] CHILFEI TERADIN - the young shoots of beets growing out of the root
15) [line 35] KILCHEI KERUV - stalks of large cabbages
16) [line 35] DELA'AS YEVANIS - the Greek gourd
17a) [line 39] LITRA - a measure of volume, a Lug (a quarter of a Kav)
b) [line 39] KETZI'OS - dried figs that have had their stems cut and that are pressed into the shape of a wheel of cheese in utensils called Igulim

18) [line 40] AL PI IGUL - in the top part (lit. mouth) of the Igul
19) [last line] KAVERES - a usually round container that resembles a bee- hive

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