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Beitzah 37

BEITZAH 36-40 (Siyum!) - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael.

1) [line 17] MESHILIN - it is permitted to throw down
2) [line 18] ARUBAH - skylight; aperture in the roof

3) [line 19] OSO V'ES BENO
It is forbidden to slaughter a cow, female sheep or female goat and her offspring on the same day, as it states in Vayikra 22:28, "v'Shor Oh Seh, Oso v'Es Beno Lo Sishchatu b'Yom Echad."

4) [line 20] OSEH LO PARNASAH - he provides it with sustenance
*5*) [line 29] HA'BEHEMAH VEHA'KELIM K'RAGLEI HA'BE'ALIM - Although the subject of this Mishnah is Eruvei Techumim, nevertheless it is included in Maseches Beitzah among the laws of Yom Tov since it is discussing the Techumim of objects that may only be handled on Yom Tov, such as animals and (on Daf 39a) fire.

(a) A person is only allowed to walk a distance of 2000 Amos, approximately 960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the differing Halachic opinions, from his city or dwelling place (if he is not in a city) on Shabbos or Yom Tov. If he wants to walk another 2000 Amos, he must make an Eruv Techumin.
(b) This is accomplished by placing an amount of food that would be used for two meals nearly 2000 Amos away from his present location, in the direction in which he wishes to walk. The location where his food is placed is considered his new dwelling or *place of Shevisah* for that Shabbos or Yom Tov, and he may walk 2000 Amos in any direction from there. In addition to people, *objects* also acquire a place of Shevisah, preventing them from being removed 2000 Amos from their Makom Shevisah on Shabbos or Yom Tov. Objects that have owners receive the Techum of their owners.


7) [line 19] V'IM MITZ'U ES HA'TECHUM - and if they placed their Eruvei Techumin [at a distance of 2000 Amos to the north and 2000 Amos to the south, respectively,] with the cloak exactly in the middle

8) [line 21] CHAVIS MUTERES U'VEHEMAH ASURAH - the contents of the barrel may be moved anywhere in their respective Techumin after they are divided but the parts of the animal after it is slaughtered may only be moved to where their respective Techumin overlap

9) [line 22] YESH 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.

10) [line 24] YANKEI TECHUMIN ME'HADADI - the parts of the animal that have been relegated to two different Techumin (when they were "Koneh Shevisah" at the start of Yom Tov) receive sustenance from each other after they have already been relegated to their particular Techumin. That is, since each partner's share receives sustenance from the other partner's share after Yom Tov begins, each section of the animal should be bound by both Techumin.

(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 Beitzah 10a], or through a Halachah l'Moshe mi'Sinai [RASHI here]). If the house has a number of doorways and windows that are larger than 4x4 Tefachim, all objects that are in all of the doorways or windows on the other side of the closed doors or windows are Teme'im, 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 Teme'im.
(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.

(a) When a person dies, his estate is divided up among his sons. The Amora'im argue whether the way the estate is ultimately divided can retroactively determine what each brother inherited at the time of the father's death, or not. Rebbi Yochanan is of the opinion that even when the brothers later divide the estate, we *cannot determine retroactively* that the land each brother now has is the same land he inherited at the time of death. Rather, we say that by dividing up the property, the brothers agree to "trade" their true portions, wherever they are, with each other for portions of equal value elsewhere.
(b) There is a Halachic difference between whether the inheritance is retroactive or not. If the inheritance is retroactive, no purchase or trading has occurred. Therefore, in the year of the Yovel they need not return the land to each other and re-divide the estate. However, if the inheritance is not retroactive and a trade *has* occurred, when Yovel arrives the two brothers must return to each other their portions, after which they re-divide the estate, as if they had purchased their shares from each other.

13) [line 36] EIN ADAM MASNEH - a person may not impose a condition

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