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Beitzah 10

BEITZAH 6-10 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael

1) [line 5] ELI - a pestle
2) [line 5] L'KATZEV ALAV BASAR - on which to carve meat
3) [line 14] DORSAN - a place where many people walk, onto which hides are placed in order to soften them before beginning the tanning process

4) [line 19] D'CHAZI L'MIZGA ILAVEI - it is fit to lay upon
5) [line 20] TARISIN - shutters of booths that are removed and are used as a table on which to display merchandise

6) [line 25] EIN BINYAN B'CHELIM V'EIN SETIRAH B'CHELIM (The Melachos of "Building" and "Destroying" do not apply to utensils)
(a) Binyan (building) and Setirah (destroying) are two of the 39 Avos Melachos that are prohibited on Shabbos (Mishnah Shabbos 73a).
(b) Beis Shamai and Beis Hillel argue as to whether the prohibition of Binyan and Setirah apply only to objects that are attached to the ground or to movable utensils, also. According to Beis Hillel, Binyan and Setirah do not apply to utensils; they only apply to objects that are connected to the ground (Beitzah 21b).
(c) The Risonim argue over the meaning of Beis Hillel's phrase, "Ein Binyan b'Cheilim." According to Rashi, even a person who makes an *entire* utensil from scratch will not be Chayav for Binyan. (RASHI Shabbos 47a DH Chayav and 74b DH Chayav). According to TOSFOS, however, a person who makes an entire utensil or destroys it *is* Chayav for Binyan or Setirah. Ein Binyan b'Cheilim means that it is not prohibited to connect or disconnect parts of a utensil to make one large utensil or to dismantle it (TOSFOS Shabbos 74b DH Chavita, 102b DH Hai).

7) [line 27] BEREICHAH RISHONAH - the first pair of pigeons that were born this season (O.F. covede - brood)

8) [line 28] ASI L'AMLUCHEI - he might change his mind (and not use them after he takes them)

9) [line 30] MI'KAN ANI NOTEL L'MACHAR - I will take [birds] from this compartment of the dove-cote tomorrow (without specifying which birds)

10) [line 30] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling *today* an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on *what* it will take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question that the action works -- even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates "if my Rebbi is *presently* staying in a village towards the East, I would like the Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept *in the future*, the sale or divorce is annulled. This situation is not called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

(a) If a Mes (corpse) is in a house and its door is closed, not only is the Mes Metamei all that is in the house with Tum'as Ohel, but it is also Metamei articles lying outside the closed door, in the doorway (i.e., under the lintel). The reason for this Tum'ah is that the Mes will eventually be removed from the house through that doorway, therefore the doorway is considered already Tamei (mid'Rabbanan [RASHI here], or through a Halachah l'Moshe mi'Sinai [RASHI Beitzah 37b]). If the house has a number of doorways and windows that are larger than 4x4 Tefachim, all objects that are in all the doorways or windows on the other side of the closed doors or windows are Tamei, since we do not know through which one the Mes will be removed. If a *k'Zayis* of a Mes is in a house that has a number of doorways and windows that are all closed, even objects on the other side of windows that are less than 4x4 Tefachim are Tamei.
(b) If the owner of the house chooses to remove the Mes through a particular doorway or window, all the objects that are on the other side of all the other closed windows or doors are Tehorim. If an entire corpse (or a piece of a corpse that was larger than a k'Zayis) was in the house, the owner must have in mind to remove the Mes through a doorway or window that is at least 4x4 Tefachim in order for all the objects that are on the other side of all the other closed exits to be Tahor.
If a k'Zayis of a Mes was in the house, even if the owner has in mind to remove it through one of the windows that is only 1x1 Tefach, all the objects that are on the other side of all the other closed exits are Tehorim.

12) [line 37] METALTEL V'SHAVIK, METALTEL V'SHAVIK - he might take and set down bird after bird, finding each successive one unsatisfactory. The only bird that will be considered Muchan is the one he ultimately settles upon, and all the others that he picked up will be retroactively determined to be Muktzah


14) [line 1] ZIMNIN D'MISHTAKCHEI SHEMENIM KECHUSHIM - lest he find that those birds that he thought were plump were actually scrawny

15) [line 8] B'SOCH HA'KAN - [he designated birds that were] inside a compartment of the dove-cote

(a) When there is a doubt as to the source of a certain item, i.e. from where it comes or to which group it belongs, the Torah informs us that we may resolve the doubt according to certain set rules. Among these rules are "Haloch Achar ha'Rov" (assume that an item comes from the largest group) and "Haloch Achar ha'Karov" (assume that an item comes from the nearest group). For example, a bird is found on Yom Tov, and we are in doubt as to whether it is Muchan, i.e. the owner planne to eat it on Yom Tov (and it is not Muktzah), or a different bird (which is Muktzah). If the majority of the birds at hand are Muchanos, we consider this bird Muchan, also, and it may be slaughtered. Similarly, if it is found closer to the Muchanos, it is likewise deemed Muchan.
(b) The source for Haloch Achar ha'Rov is the verse, "Acharei Rabim l'Hatos" (Shemos 23:2, Chulin 11a). Haloch Achar ha'Karov is learned from Parshas Eglah Arufah (Devarim 21:1-9, see Background to Yoma 60:4). The Torah states that the city that is *closest* to the dead body is the one that must bring an Eglah Arufah, since the murderer probably came from that city.
(c) When these two rules lead to differing conclusions, the Amora'im contemplate whether we follow the Rov or the Karov (Bava Basra 23b). Their conclusion is that the Rov outweighs the Karov, and we follow that conclusion.

17) [line 17] B'DAF - on the ledge [in front of the openings of the compartments of the dove-cote]. The birds that we suspect may have come from the Rov (those birds that have not been designated, i.e. that are not Muchanim) are also Kerovim, and therefore there is no proof for Rebbi Chanina's Halachah from our Mishnah

(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi.
(b) A second tithe is separated from the remaining produce every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor. The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*.
(c) The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it retains Kedushas Ma'aser Sheni and is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth of its value (that is, a fifth of the ensuing total, or a *quarter* of the original value). In Yerushalayim, the money is used to purchase food items. The food that is bought with this money in Yerushalayim becomes Kodesh with Kedushas Ma'aser Sheni and must be eaten b'Taharah.

19) [line 26] ASUYIN L'DADOS - they are prone to wander off their nests
21) [last line] MENATCHEI AHADADEI - they peck at each other, loosening the ties that bind them

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